Ordinance No. 5,848910425 -14
ORDINANCE NO. 5848
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS NOMINATING AN AREA AS ENTERPRISE ZONE NO. 1
PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT (TEXAS CIVIL
STATUTES, ARTICLE 5190.7); PROVIDING TAX INCENTIVES;
DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL
MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF
THE AREA DESCRIBED HEREIN AS AN ENTERPRISE ZONE AND
REINVESTMENT ZONE; AND FURTHER DESIGNATING A LIAISON TO
ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ACT
ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF COMMERCE.
WHEREAS, the City Council of the City of Baytown, Texas
desires to create the proper economic and social environment to
induce the investment of private resources in productive business
enterprises located in severely distressed areas of the City and
to provide employment to residents of such area; and
WHEREAS, certain conditions exist in such area which
represent a threat to the health, safety, and welfare of the
people of such area; and
WHEREAS, it is necessary and in the best interest of the
City to nominate such area as an Enterprise Zone pursuant to the
Texas Enterprise Zone Act (Texas Civil Statutes, Article 5190.7,
the "Act); NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS;
Section 1 That the City hereby nominates the area more
specifically described below as Enterprise Zone No. 1 in
accordance with the Acts
Beginning at the intersection of the south Right of Way (ROW) of
West Jack Avenue and the east ROW of North Pruett and running
thence east along alignment of the south ROW of East Jack Avenue
approximately 4,100 feet to the west ROW of North Seventh Street;
Thence, south along the west ROW of North Seventh Street 200 feet
to the north ROW of East James Avenue;
Thence, east along the north ROW of East James Avenue 600 feet;
Thence, north 250 feet;
Thence, west 80 feet;
Thence, north 270 feet to the north ROW of East Lobit Avenue;
Thence, north 120 feet;
Thence, west 50 feet;
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Thence,
north 150 feet to the north ROW of East Adoue Avenue;
Thence,
east 100 feet to the north ROW of East Adoue Avenue (said
point also
being 150 feet west of the west ROW North Alexander
Drive) ;
Thence,
north 250 feet to the north ROW of East Hunnicutt Avenue;
Thence,
east 50 feet along the north ROW of East Hunnicutt Avenue
(said point
being 100 feet west of N. Alexander Drive);
Thence,
north 100 feet;
Thence,
west 100 feet;
Thence,
north 150 feet to the north ROW of East Fayle Avenue;
Thence,
east 100 feet along the north ROW of East Fayle Avenue to
a point
100 feet west of the west ROW of North Alexander Drive;
Thence,
500 feet north to the north ROW of Alford Avenue (said
point being
100 feet west of North Alexander Drive);
Thence,
west 100 feet along the north ROW of Alford Drive;
Thence,
north 100 feet;
Thence,
east 100 feet;
Thence,
north 500 feet to a point 100 feet north of the north ROW
of Pearl
Avenue (said point also being 100 feet west of the west
ROW of
North Alexander Drive);
Thence,
west 50 feet;
Thence,
north 150 feet to the north ROW of Peggy Avenue;
Thence,
west to the east ROW of North Eighth Street;
Thence,
north to the intersection of the east ROW of North Eighth
Street
and the south ROW of Ward Road;
Thence,
east 200 feet (said point also being 150 feet west of the
west ROW
of North Alexander Drive);
Thence,
north 500 feet to a point along the east ROW of Beaumont
Road;
Thence,
southeast 400 feet along the south boundary of the Dill
Terrace
subdivision to a paint 100 feet west of the west. ROW of
North Alexander
Drive;
Thence,
north 160 feet to the north ROW of Pleasant Drive;
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Thence, south 60 feet along the north ROW of Pleasant Drive;
Thence, northeast 135 feet;
Thence, east 100 feet to the west ROW of North Alexander Drive;
Thence, north to the intersection of the north ROW of Fortune
Drive and west ROW of North Alexander Drive;
Thence, northwest 50 feet along the north ROW of Fortune Drive;
Thence, northeast 400 feet to a point 100 feet parallel to the
west ROW of North Alexander Drive;
Thence, southeast 50 feet to the west ROW of North Alexander
Drive;
Thence, north along the west ROW of North Alexander Drive to the
intersection of the north ROW of Largo Street and west ROW of
North Alexander Drive;
Thence, northwest 50 feet along the north ROW of Largo Street;
Thence, northeast 300 feet;
Thence, northwest 240 feet;
Thence, east 210 feet;
Thence, north 130 feet to the south ROW of Knowlton Street;
Thence, east along the south ROW of Knowlton Street to the west
ROW of North Alexander Drive;
Thence, northeast 170 feet along the west ROW of North Alexander
Drive;
Thence, north 350 feet;
Thence, southeast 40 feet;
Thence, northeast 517 feet;
Thence, southeast 40 feet;
Thence, northeast 100 feet;
Thence, southeast 370 feet to the west ROW of North Alexander
Drive;
Thence, north 100 feet along the west ROW of North Alexander
Drive;
Thence, northwest 200 feet;
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Thence,
northeast
225 feet to the north ROW of Windy Lane;
Thence,
southeast
100 feet along the north ROW of Windy Lane;
Thence,
northeast
175 feet;
Thence,
northwest
100 feet;
Thence,
northeast
175 feet to the south ROW of Sandy Lane;
Thence,
southeast
along the south ROW of Sandy Lane to the west
ROW of
North Alexander
Drive;
Thence,
southwest
to the intersection of the east ROW of North
Alexander Drive and
south ROW of James Bowie Drive;
Thence,
east 300
feet along the south ROW of James Bowie Drive;
Thence,
S 87 degrees,
03' W 1200 feet;
Thence,
west 420
feet;
Thence,
southeast
to the north ROW of Ivie Lee Street;
Thence,
west 30 feet
along the north ROW of Ivie Lee Street to
its intersection
with Lacy Drive;
Thence,
northwest
along the north ROW of Lacy Drive 100 feet;
Thence,
southwest
170 feet;
Thence,
northwest
300 feet;
Thence,
southwest
95 feet;
Thence,
northwest
130 feet;
Thence,
southwest
170 feet;
Thence,
southeast
530 feet;
Thence,
southwest
300 feet;
Thence,
south 300
feet (this point also being 80 feet southwest
of the
west ROW
of Danubina Street and the north ROW of Town
Circle);
Thence,
northwest
350 feet;
Thence,
southwest
292 feet to the north ROW of Ward Road;
Thence,
northwest
360 feet along the north ROW of Ward Road;
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Thence, southwest along the west ROW of North Tenth Street to its
intersection with the north ROW of East James Street;
Thence, west 60 feet;
Thence, south along the west ROW of Deanne Street to the south
ROW of East Texas Avenue;
Thence, southeast along the south ROW of East Texas Avenue to the
west ROW of Tri- Cities Beach Road;
Thence, south along the west ROW of Tri- Cities Beach Road to its
intersection with the north ROW of Spur 55;
Thence, east 8,400 feet along the north ROW of Spur 55;
Thence, southeast crossing State Highway Spur 55 to the
northernmost western corner of Lot 1 of the Cedar Crossing
Business Park;
Thence, N 86 Deg 18 Min 47 Sec E a distance of 2356.07 ft;
Thence, N 2 Deg 23 Min 44 Sec W a distance of 576.37 ft;
Thence, N 88 Deg 20 Min 5 Sec E a distance of 971.02 ft;
Thence, N 88 Deg 34 Min 40 Sec E a distance of 485.17 ft;
Thence, east along the alignment of the south ROW of West Bay
Road a distance of 1099.13 feet to a point along the east ROW of
FM Highway 1405;
Thence, south approximately 8500 feet to a point 50 feet north of
the center line of McKinney Road (the entrance road to the U.S.
Steel Plant);
Thence, N 86 Deg 40 Min 39 Sec E a distance of 324.56 ft (this
line is parallel to and 50 feet north of the centerline of
McKinney Road which is the entrance road to the U.S. Steel
Plant);
Thence, N 00 Deg 8 Min 1 Sec W a distance of 1141.35 ft;
Thence, N 55 Deg 26 Min 21 Sec a distance of 1667.30 ft;
Thence, east 1093.05 feet to the most northerly northeastern
corner of the U.S. Steel Plant 507.8 acre tract;
Thence, north 5273.06 feet;
Thence, N 59 Deg 56 Min 40 Sec W a distance of 1541.10 feet;
. Thence, north 2462.18 feet to a point on the south ROW of Rice
Farm Road;
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Thence, east 11854.82 feet along the south ROW of Rice Farm Road;
Thence, S 1 Deg 36 Min 42 Sec E a distance of 1451.60 ft;
Thence, S 65 Deg 00 Min 00 Sec W a distance of 7000 ft;
Thence, S 25 Deg 00 Min 00 Sec E a distance of 8332.87 feet to a
point on the west ROW of FM Highway 2354;
Thence, south 7785.78 feet along the west ROW of FM 2354;
Thence, west 4825 feet to a point on the Delhi Gas Pipeline ROW;
Thence, southwest along the Delhi Gas Pipeline Corporation a
distance of 1400 feet;
Thence, S 89 Deg 57 Min 14 Sec W a distance of 3536.54 feet;
Thence, N 52 Deg 4 Min 14 Sec W a distance of 1116.39 feet;
Thence, N 00 Deg 8 Min 1 Sec W a distance of 3549.51 feet to a
point 50 feet south of the centerline of McKinney Road (the
entrance road to the U.S. Steel Plant);
Thence, West 324.56 feet to a point on east ROW of FM 1405 50
feet south of McKinney Road (the entrance road to the U.S. Steel
Plant);
Thence, southwest approximately 1500 feet to the east side of the
Cedar Bayou;
Thence, north along the east side of the Cedar Bayou to the point
of intersection with the west line of the Hoesch property;
Thence, northeast along the western property line of the Hoesch
Tubular Products tract a distance of approximately 670 feet;
Thence, north 1110 feet along the general alignment of the
western property line of the Hoesch Tubular Products tract to the
southwest corner of Lot 33 of the Cedar Crossing Business Park;
Thence, N 25 Deg 25 Min 58 Sec W a distance of 525.57 feet to a
point on the south ROW of Spur 55 at the westernmost corner of
Lot 1 of the Cedar Crossing Business Park;
Thence, west along the south ROW of Spur 55 to its intersection
with the west ROW of State Highway 146;
Thence, north along the west ROW of State Highway 146 to its
intersection with the north ROW of East Republic Avenue;
Thence, west along the north ROW of East Republic Avenue to its
intersection with the east ROW of South Main Street;
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Thence, north along the east ROW of South Main Street to its
intersection with the north ROW of East Texas Avenue;
Thence, west along the north ROW of East Texas Avenue to its
intersection with the east ROW of North Pruett Street;
Thence, north along the east ROW of North Pruett Street to its
intersection with the south ROW of West Jack Street and the Point
of Beginning.
Section 2: That the City Council f inds the above
described area meets the qualifications for designation as an
Enterprise Zone under the provisions of the Act.
Section 3: That the City Council will provide certain
tax and other incentives applicable to business enterprises in
the zone which are not applicable throughout the City as follows:
The City shall abate taxes on the increase in value of real
property improvements for qualified businesses that locate or
expand in the designated Enterprise Zone. The level of abatement
shall be based upon the extent to which the business receiving
the abatement creates jobs for qualified employees or increases
the amount of investment expended on the expansion, development,
and /or rehabilitation of properties located within the zone in
accordance with attached Exhibit A. Qualified employee shall be
defined by Section 3 (a) (11) of the Texas Enterprise Zone Act,
Article 5190.7.
The City will waive or refund any and all building permit
fees due or paid for such development, expansion, or
rehabilitation project.
The City will waive or refund any and all water and sewer
tapping fees due or paid for qualified new developments or
redevelopment projects involving qualified buildings within the
zone.
The City shall offer low - interest loans using the City's
HUD -CDBG Revolving Loan Fund to assist businesses /property owners
in carrying out eligible projects.
Section 4: The incentives described in Section 3 above
shall not be available to enterprises primarily involved in the
retail sale of alcoholic beverages for on- premise consumption.
Section 5: That the area described in this ordinance is
designated as an Enterprise Zone and a Reinvestment Zone, subject
to the approval of the Texas Department of Commerce.
Section 6: That the City Council directs and designates
Emmett Hutto, Mayor, as the City's authorized representative to
mm
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910425 -14g
act in all matters pertaining to the nomination and designation
of the area described herein as an Enterprise Zone and a
Reinvestment Zone.
Section 7: That the City Council further directs and
designates Bobby Rountree, City Manager, as liaison for
communication with the Texas Department of Commerce to oversee
zone activities and communications with qualified businesses.
Section 8: That a public hearing to consider this
ordinance was held by the City Council on April 25, 1991.
Section 9: That this ordinance shall take effect
immediately from and after its passage by the City Council of the
City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 25th April, 1991.
'TKNETT O. HUTTO, Mayor
ATTEST:
,L -A
P. LL City C
McLEMORE, Assistant City Attorney
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910425 -14h
TAX ABATEMENT PROGRAMS
Businesses requesting tax abatement must qualify under the
General Tax Abatement or the Targeted Investment Support.
1. General Tax Abatement
The amount of tax abated on an increment in value added to
the ad valorem value of the property will be determined by the
City's Tax Abatement Guidelines and criteria as set forth in
Resolution No. 1001 passed by the City Council of the City of
Baytown on November 12, 1987.
2. Targeted Investment Support
Increased value of property improved in accordance with the
program objectives shall be exempt from paying city property
taxes for the lesser amount of either (a) the tax due for a
period of five (5) years, or (b) until a cumulative tax exemption
not to exceed $15,000 is attained. The cumulative tax exemption
shall not exceed the total amount of the qualifying
renovation /development investment.
Eligible applicants include owners and renters of buildings
and properties within the Enterprise Zone. Owners receiving tax
exemption from improvements by renters shall insure that renters
received rent concessions equal to the value of the cumulative
tax exemption.
Eligible activities include cosmetic and code renovations to
existing commercial and industrial buildings and development of
new commercial and industrial buildings. To qualify for this
program, the applicants must remedy all code deficiency tyre-
existing on the Property.
0:1:20:16
`
TAX ABATEMENT AGREEMENT FOR REAL P PERTY
LOCATED IN ENTERPRISE ZONE NO.
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Tax Abatement Agreement ( "Agreement" ) is made and entered
into by and between City of Baytown, Texas, ( "City" ) and
v ha40Yj/11n) WY/ Jl ( "Owner" ) , the owner of taxable property
in Harris County, Texas, located in Enterprise Zone No. (7
( "Enterprise Zone") .
I
Authorization
This Agreement is authorized by the Texas Enterprise Zone Act,
V.A.T.S . Government Code, Chapter 2303 ; the Texas Property
Redevelopment and Tax Abatement Act, V.A.T.S . Tax Code, Chapter
312, and Ordinance No. 5`p 1/P of the City Council of the City of
Baytown, Texas, providing for the designation of the subject
Enterprize Zone .
II
Definitions
As used in this Agreement, the following terms shall have the
meanings set forth below:
a. Base Year Value means the appraised value of the property
within the Enterprise Zone as certified by the Harris County
Appraisal District as of January 1 preceding the execution of
this Agreement plus the agreed upon value of eligible property
improvements made after January 1 but before the execution of
the Agreement .
b. Improvements means the buildings or portions thereof and
other improvements, including fixed machinery, equipment and
process units, used for commercial or industrial purposes that
are erected by he Owner on the property after
January 1, 19
c. Abatement means the full or partial exemption from ad
valorem taxes of certain property in an Enterprise Zone
designated for economic development purposes .
d. Eligible Property means the buildings, structures, fixed
machinery, equipment and process units, site improvements, and
that office space and related fixed improvements necessary to
the operation and administration of the facility. New
Eligible Property means Eligible Property construction which
commences subsequent to the date of execution of this
Agreement .
e. Ineligible Property means land, inventories, supplies,
tools, furnishings and other forms of movable personal
property, vehicles, vessels, aircraft, housing, hotel
accommodations, deferred maintenance investments, property to
be rented or leased, except as provided in subsection (f)
herein, improvements for the generation or transmission of
electrical energy not wholly consumed by a new facility or
expansion, any improvements, including those to produce,
store, or distribute natural gas, fluids, or gases which are
not integral to the operation of the facility, property that
has an economic life of less than fifteen (15) years, or any
property owned or used by the State of Texas or its political
2
subdivisions or any organization owned, operated, or directed
by a political subdivision of the State of Texas .
(f) Owned/Leased Facilities . If a Leased Facility is granted
abatement, the Agreement shall be executed with the lessor and
the lessee.
III
Property
The Enterprise Zone is an area within Harris County, Texas,
more fully described in Exhibit A, attached hereto and made a part
hereof . The property subject to this Agreement is located within
such zone and more fully described in Exhibit B, attached hereto
and made a part hereof .
The Harris County Appraisal District has established the
following values for the subject property as of January 1, 191 ,
Account No. De9 -c9/-c)na -oflx3 Value
Land COj i l 3D
Improvements 33/ ?7D
IV
Value and Term of Agreement
This tax abatement shall be effective with the January 1
valuation date immediately following the date of execution of this
Agreement . Based upon the extent to which Owner creates jobs for
qualified employees or increases the amount of investment expended
on the expansion, development, and/or rehabilitation of the
Property, the value of New Eligible Properties shall be in
accordance with the following scale :
3
Year Abated Percentage of Value Abated
1
2 O°
3 1 JN..D
5 k;) I o
The tax exemption shall be the lesser of (a) the tax due for a
period of five (5) years or (b) fifteen thousand and no/100 dollars
($15, 000) . In any event, the cumulative tax exemption shall not
exceed the total amount of the qualifying renovation/development
investment .
If a modernization project includes facility replacement, the
abated value shall be the value of the new unit (s) less the value
of the old unit (s) .
V
Taxability
During the period that this tax abatement is effective, taxes
shall be payable as follows :
(1) The value of Ineligible Property shall be fully taxable;
(2) The base year value of existing Eligible Property, as
determined each year, shall be fully taxable; and
(3) The additional value of New Eligible Property shall be
taxable in the manner described in Article IV.
VI
Contemplated Improvements
As set forth in the Application, attached as Exhibit , the
Owner represents that it will expand a .145f�n "laMe facility
that it reasonably expects will cost $ 4D, Loa f./) , which shall be
used for commercial or industrial purposes ( "New Facility" ) .
4
This project will initiate or further the active conduct of a
trade or business within the Enterprise Zone . Additionally, if new
employees are necessary during the term of this Agreement, at least
25 percent of such employees must be residents of any Enterprise
Zone located within the City of Baytown or economically
disadvantaged individuals . 7
All improvements shall be completed within IOD days in
accordance with all applicable laws, ordinances, rules, or
regulations . The Owner further agrees that construction �o-f�the
improvements will begin on or before qV_ 1 // 19 with
completion on or before O],{ 1 19 q6'i
VIIII
Event of Default
During the abatement period covered by this Agreement, the
City may declare a default hereunder by the Owner if the Owner
fails to commence construction of the New Facility described in
Part VI above and the Application attached hereto as Exhibit C
within ninety (90) days from the date this Agreement is exec ed,
fails to complete construction on or before I11 / 19 ,
fails to construct the New Facility described in Part VI above,
refuses or neglects to comply with any of the terms of this
Agreement, or makes any representation pursuant to this Agreement
which is false or misleading in any material respect .
Should the City determine the Owner to be in default of this
Agreement or in any respect, except for the failure to timely
commence construction, the City shall notify the Owner in writing
prior to the end of the abatement period, and if such default is
5
not cured within sixty (60) days from the date of such notice
( "Cure Period" ) , then this Agreement may be terminated; provided,
however, that in the case of a default that for causes beyond
Owner' s reasonable control cannot with due diligence be cured
within such sixty (60) day period, the Cure Period shall be deemed
extended if Owner (i) shall immediately, upon the receipt of such
notice, advise the City of Owner' s intention to institute all steps
necessary to cure such default and (ii) shall institute and
thereafter prosecute to completion with reasonable dispatch all
steps necessary to cure same . On the other hand, if the default is
caused by the Owner' s failure to commence with the project
described in Exhibit C within the above-referenced time frame, this
Agreement will terminate automatically with no further notice to
the Owner or opportunity to cure the default being necessary. If
this contract is automatically terminated, all taxes previously
abated by virtue of this Agreement, if any, will be recaptured and
paid within thirty (30) days of the automatic termination.
In the event that Owner allows its ad valorem taxes owed the
City to become delinquent and fails to timely and properly follow
the legal procedures for their protest and/or contest, or if the
Owner violates any of the terms and conditions of this Agreement
and fails to cure during the Cure Period, this Agreement may then
be terminated and all taxes previously abated by virtue of this
Agreement will be recaptured and paid within sixty (60) days of the
termination.
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VIII
Administration
This Agreement shall be administered on behalf of the City by
the City Manager or his designee pursuant to the direction of the
City Council . The Owner shall allow employees and/or
representatives of the City who have been designated by the City
Manager to have access to this facility during the term of this
Agreement to inspect the facility to determine compliance with the
terms and conditions of this Agreement . All inspections required
herein will be made only after the giving of twenty-four (24)
hours' prior notice and will only be conducted in such manner as to
not unreasonably interfere with the construction and/or operation
of the facility. All inspections required herein will be made with
one (1) or more representatives of the Owner and in accordance with
Owner' s safety standards .
Upon completion of the contemplated construction, the City
Manager or his designee shall annually evaluate the facility to
ensure compliance with the terms and provisions of this Agreement
and shall report possible defaults to the City Council and the City
Attorney.
The Chief Appraiser of the Harris County Appraisal District
shall annually determine (i) the taxable value pursuant to the
terms of this abatement of the real and personal property
comprising this Enterprise Zone and (ii) the full taxable value
without abatement of the real and personal property comprising this
Enterprise Zone. The Chief Appraiser shall record both the abated
taxable value and the full taxable value in the appraisal records .
7
The full taxable value figure listed in the appraisal records shall
be used to compute the amount of abated taxes that are required to
be recaptured and paid in the event this Agreement is terminated in
a manner that results in recapture . Each year the Owner shall
furnish the Chief Appraiser with such information outlined in
Chapter 22, V.A.T.S . Tax Code, as may be necessary for the
administration of the abatement specified herein.
In addition, the Owner shall annually submit at a time
requested by the Harris County Appraisal District a January
employee count for the abated facility which shall correspond to
employment counts reported in their Employer' s Quarterly Report to
the Texas Employment Commission, which submission shall be used to
determine abatement eligibility and value for that year and shall
be subject to audit if requested by the governing body of the City.
If the City terminates this Agreement, it shall, when
required, provide Owner written notice of such termination. If
Owner believes that such termination was improper, Owner may file
suit in the Harris County District Courts appealing such
termination within sixty (60) days after receipt from the City of
written notice of the termination. If an appeal suit is filed,
Owner shall remit to the City, within sixty (60) days after receipt
of the notice of termination, any additional and/or recaptured
taxes as may be payable during the pendency of the litigation
pursuant to the payment provisions of Section 42 . 08, V.A.T.S . Tax
Code . If the final determination of the appeal increases Owner' s
tax liability above the amount of tax paid, Owner shall remit the
additional tax to the City pursuant to Section 42 .42 , V.A.T. S . Tax
8
Code . If the final determination of the appeal decreases Owner' s
tax liability, the City shall refund to Owner the difference
between the amount of tax paid and the amount of tax for which
Owner is liable pursuant to Section 42 .43 , V.A.T. S. Tax Code .
IX
Assignment
The Owner may assign this Agreement to a new owner or lessee
of the facility with the written consent of the City Council, which
consent shall not be unreasonably withheld. Any assignment shall
provide that the assignee shall irrevocably and unconditionally
assume all the duties and obligations of the assignor upon the same
terms and conditions as set out in this Agreement . Any assignment
of this Agreement shall be to an entity that contemplates the same
improvements to the property, except to the extent such
improvements have been completed. No assignment shall be approved
if the assignor or the assignee is indebted to the City for
delinquent ad valorem taxes or other obligations .
X
Notice
Any notice required to be given under the provisions of this
Agreement shall be in writing and shall be duly served when it is
deposited, enclosed in a wrapper with the proper postage prepaid
thereon, and duly registered or certified, return receipt
requested, in a United States post office, addressed to the City or
Owner at the following addresses . If mailed, any notice or
communication shall be deemed to be received three days after the
date of deposit in the United States mail . Unless otherwise
9
provided in this Agreement, all notices shall be delivered to the
following addresses :
Owner: I/6 ('� p� _
pc E. Te /95
bm1D1,dd, 7Y '115D
Attention:
City: City of Baytown
P. O. Box 424
Baytown, Texas 77522-0424
Attention: Bobby Rountree, City Manager
Either party may designate a different address by giving the
other party ten (10) days' written notice .
XI
Non-waiver
Failure of the city to insist on the strict performance of any
of the agreements herein or to exercise any rights or remedies
accruing thereunder upon default or failure of performance shall
not be considered a waiver of the right to insist on and to enforce
by an appropriate remedy, strict compliance with any other
obligation hereunder to exercise any right or remedy occurring as
a result of any future default or failure of performance .
XII
Venue
This Agreement shall in all respects be interpreted and
construed in accordance with and governed by the laws of the State
of Texas, regardless of the place of its execution or performance .
The place of making and the place of performance for all purposes
shall be Baytown, Harris County, Texas .
10
•
XIII
Severability
All parties agree that should any provision of this Agreement
be determined to be invalid or unenforceable, such determination
shall not affect any other term of this Agreement, which shall
continue in full force and effect .
XIV
Date
The City executes this Agreement by and through the City
Manager, acting pursuant to Ordinance No. 5 il ' of the City of
Baytown, and the effective date of this Agreement is the date of
the countersignature of the City.
This Agreement has been executed by the parties in multiple
originals, each having full force and effect .
ATTEST: CITY OF BAYTOWN
_4Lge..‹.-) /44 ,2\7‘7-€.--42 1 1:761,1150,4116
EILEEN P. HALL, City Clerk BOBBY ROUNTR E, City Manager
ATTEST: OWNER
)7/
BY eta
Iegallcontracts/ENTERPRISEzone
11