Ordinance No. 8,316980625 -3
ORDINANCE NO. 8316
• AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC
HEARING CONCERNING THE NOMINATION AND DESIGNATION OF AN
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AREA WITHIN THE JURISDICTION OF THE CITY OF BAYTOWN AS
DEFINED PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT AS
ENTERPRISE ZONE NO. 2; AUTHORIZING AND DIRECTING THE CITY
CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: On the 91h day of July, 1998, at 6:45 o'clock p.m., in Council Chambers of the
City Hall of the City of Baytown, located at 2401 Market Street, Baytown, Texas, the City Council
will hold a public hearing giving all interested parties the opportunity to speak and present evidence
for or against the nomination and designation of an area within the jurisdiction of the City of
Baytown, more particularly described in Exhibit "A," which is attached hereto and made a part
hereof for all intents and purposes, as Enterprise Zone No. 2.
Section 2: The City Clerk of the City of Baytown is hereby authorized and directed to
cause notice of the public hearing to be published once in the newspaper having general circulation
in the City and in the above - described territory not later than the seventh (7th) day before the date of
the hearing.
Section 3: 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 25`h day of June, 1998.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, ., City Attorney
c: k Ih92\Counci l\ Ordinances\. EnterpriseZoneNo2.SeltingHeari ng
PETE C. ALFARO, Mayor
• METES AND BOUNDS DESCRIPTION
ENTERPRISE ZONE NO. 2
Beginning at the intersection of the south right -of -way (ROW) of West Texas Avenue and the
west ROW of South Main Street and running thence west along the alignment of the south
ROW of West Texas Avenue to the west ROW of North Pruett Street;
Thence, north along the west ROW of North Pruett Street to its intersection with the south
ROW of West Lobit Avenue;
Thence, west along the south ROW of West Lobit Avenue to its intersection with the southwest
ROW of Decker Drive;
Thence, north along the southwest ROW of Decker Drive to its intersection with the west
ROW of North Airhart Drive;
Thence, south along the west ROW of North and South Airhart Drive to its intersection with
the south ROW of Oakwood Street;
Thence, southwest along the alignment of Baytown Avenue and the Southern Pacific Railroad
to its intersection with the City Limits adjoining Black Duck Bay;
Thence, southeast along the City Limits adjoining Black Duck Bay and Tabbs Bay to the west
ROW of Causeway Road;
Thence, north along the west ROW of Causeway Road to its intersection with the north ROW
of State Highway 146;
Thence, northeast along the north ROW of State Highway 146 to its intersection with the west
ROW of South Main Street;
Thence, north along the west ROW of South Main Street to its intersection with the south
ROW of West Texas Avenue and the Point of Beginning.
0 c: \My Documents \Legal \Miscellaneous\ Metes &BoundsEnte rpriseZone2.doc
EXHINT A
Enterprise Zone Igo. 2 Metes and Bounds - Page Solo
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AGREEMENT FOR DESIGNATION OF AN ENTERPRISE ZONE
STATE OF TEXAS §
COUNTY OF TRAVIS
THIS AGREEMENT is made and entered into this 8th day of January, 1999, by and between the
Texas Department of Economic Development, an agency of the State of Texas, hereinafter referred to
as "Department"and the City of Baytown, Texas hereinafter referred to as "Unit."
WITNESSETH:
WHEREAS, the public policy of this state is to provide the people of this state with the necessary
means to assist communities, their residents, and the private sector to create the proper economic
and social environment to induce the investment of private resources in productive business
enterprises located in severely distressed areas and to provide employment to residents of those
areas;
WHEREAS, the objective of the Texas Enterprise Zone Act, Texas Government Code, Chapter
2303 (the Act) is to provide appropriate investments, tax benefits, and regulatory relief to encourage
the business community to commit its financial participation;
WHEREAS, the revitalization of enterprise zones through the concerted efforts of government
and private sector is declared a public purpose;
WHEREAS, Unit requested Department to designate an area within its jurisdiction as an
enterprise zone, which is described in Exhibit A and Exhibit B attached hereto;
WHEREAS, Unit filed its application on October 6, 1998, with Department for designation of an
enterprise zone pursuant to the Act for the purpose of revitalizing the area described herein;
WHEREAS, the governing body of Unit adopted an ordinance on July 9, 1998, following a public
hearing, to nominate the area and made the necessary finding that the zone area meets the criteria
for designation as an enterprise zone as set forth in the Act;
WHEREAS, the Executive Director acting on behalf of Department authorized and approved the
designation of the enterprise zone on January 8, 1999, under the terms and conditions of the Act and
those set forth herein;
WHEREAS, Unit has entered or will enter into agreements with
fined
in the Act and as further defined in its nominating ordinance, in which the Qualified Bus ed Businesses, asinBusinesses
agree to maintain their status as Qualified Businesses in order to benefit from the local incentives
available and in which Unit provides for certain local incentives, pursuant to the terms of the Act;
NOW THEREFORE, in consideration of the respective representations and agreements herein
contained, the parties hereto agree as follows:
1. REPRESENTATIONS.Department and Unit represent and warrant, as applicable, the
following:
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(a) Findings. Based upon the representations made by Unit, Department hereby reaffirms
previous findings that the zone area meets the criteria for designation as an enterprise zone as set
forth in the Act.
(b) Designation of Enterprise Zone. Department hereby designates the area described
in Exhibit A and Exhibit B, attached hereto and incorporated herein for all purposes, as an
enterprise zone, known as the City of Baytown Enterprise Zone No. 2, sometimes referred to herein
as the Zone.
(c) Period of Zone Designation. The Zone shall take effect on January 8, 1999, and
terminate on September 1, 2006, unless terminated earlier by Department. Department may remove
the designation, following a public hearing, if the area no longer meets the criteria for designation as
set out in the Act or by Department rule or if Department determines that the governing body has
not complied with commitments made in the nominating ordinance.
(d) Zone Liaison. Unit has designated its city manager as liaison to communicate and
negotiate with Department, enterprise projects, Qualified Businesses, and other entities .in or
affected by the Zone.
(e) Data Submitted. Unit further represents that the data provided to Department•is
accurate and current as of the date of application; and that there has been no material adverse
change in the affairs of Unit.
2. PERFORMANCE. Unit represents and warrants that it will provide all tax relief and other
incentives or benefits described in its application for zone designation including, but not limited to
the following:
Unit may abate taxes on the increase in value of real property improvements and eligible
personal property that locate in a designated enterprise zone. The level of abatement
t shall be based upon the extent to which the business receiving the abatement crea_tes_jobs
i for qualified employees, with qualified employee being defined by the Act.
3. REPORTING REQUIREMENTS. Unit shall submit to Department no later than October 1
of each year an annual report of the progress, in narrative form, of activities within the Zone. This
report shall be on a form prescribed by Department and shall include the information specified in
Section 2303.205 of the Act. If such report is not received by the deadline, Department may,
following a public hearing, terminate the designation of the zone.
4. MONITORING. (a) Unit shall furnish additional information, reports or statements as
Department may from time to time request in connection with this Agreement. In order to verify
data relating to employment and purchases of equipment, machinery or building materials sold to an
enterprise project, Unit and Qualified Businesses must permit on reasonable notice a representative
of Department, State Auditor or State Comptroller's Office to inspect the books, records, and
properties of Unit and of each Qualified Business at reasonable times and to make copies and
abstracts of such books and records and any documents relating to such data. Unit shall include the
,substance of this section in all agreements with Qualified Businesses executed under the provisions
of the Act.
(b) After each monitoring visit, Department shall provide Unit with a written report of the
monitor's findings within sixty (60) days. If the monitoring reports note deficiencies in Unit's
performance, the report shall include requirements for timely correction of such deficiencies by Unit.
Failure by Unit to take action specified in the monitoring report may be cause for termination of this
Agreement, as provided herein.
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5. CONFLICT OF INTEREST. (a) Unit covenants that neither it nor any member of its
governing body presently has any interest or shall acquire any interest, direct or indirect, which
could conflict in any manner or degree with the performance of this Agreement. Unit further
covenants that in the performance of this Agreement no person having such interest shall be
employed or appointed by it.
(b) Unit's employees, officers, and/or agents shall neither solicit nor accept gratuities, favors,
or anything of monetary value from Qualified Businesses or potential Qualified Businesses.
(c) Unit shall comply with all terms and provisions of Texas Local Government Code,
Chapter 171.
6. LEGAL AUTHORITY. (a) Unit represents and warrants that it possesses the legal authority
to enter into this Agreement and to perform the services it has obligated itself to perform hereunder.
(b) The person or persons signing and executing this Agreement on behalf of Unit, or
representing themselves as signing and executing this Agreement on behalf of such entity, do hereby
represent and warrant and guarantee that he, she or they have been duly authorized by such entity
to execute this Agreement on behalf of such entity and to validly and legally bind such entity to all
terms, performances, and provisions herein set forth.
(c) Department shall have the right to terminate this Agreement if there is a dispute as to
the legal authority of Unit or the person signing this Agreement to enter into this Agreement or to
render performances hereunder, and the conclusion of that dispute is that Unit or such person
signing did not have such authority.
7. CHANGES AND AMENDMENTS.(a) Except as specifically provided otherwise in this
Agreement, any alterations, additions, or deletions to the terms of this Agreement shall be by
amendment hereto in writing and executed by all parties to this Agreement.
(b) It is understood and agreed by the parties- hereto that performances under this
Agreement must be rendered in accordance with the Act; the regulations promulgated under the Act,
and the assurances and certifications made to Department by Unit with regard to the operation of
the Texas Enterprise Zone Program. Based on these considerations, and in order to ensure the legal
and effective performances under this Agreement by both parties, it is agreed by the parties hereto
that the performances under this Agreement are amended by rules or policy directives promulgated
by Department which serve to establish, interpret, or clarify performance requirements under this
Agreement. Policy directives and rule amendments shall not alter the terms of this Agreement so as
to release Department of any obligation specified herein.
(c) Any alterations, additions, or deletions to the terms of this Agreement which are required
by changes in Federal or state law or regulations are automatically incorporated into this Agreement
without written amendment hereto, and shall become effective on the date designated by such law or
regulations. Department hereby agrees to notify Unit in writing of any such alterations, additions or
deletions of which it has knowledge within sixty (60) days of acquiring that knowledge.
8. TERMINATION. (a) Department shall have the right to terminate this Agreement, in
whole or in part, at any time before the date of completion specified in Paragraph 1 (c) of this
Agreement whenever Department determines that Unit has failed to comply with any provision of
the Act or Texas Enterprise Program Rules or when the enterprise zone area no longer meets the
criteria for designation under the Texas Enterprise Zone Act and Rules. Department shall notify
Unit in writing prior to the sixtieth (60th) day preceding the date of termination of such
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determination, the reasons for such termination, the effective date of such termination, and in the
case of partial termination, the portion of the Agreement to be terminated. In the case of
termination in whole, or in part, Department shall conduct a public hearing prior to the effective
date of termination.
(b) All of the parties to this Agreement shall have the right to terminate this Agreement, in
whole or in part, when all parties agree that the continuation of the activities allowed under this
Agreement would not produce beneficial results, provided that all parties agree in writing upon the
termination conditions, including the effective date of such termination; and in the case of partial
termination, the portion of the Agreement to be terminated. A public notice of termination of this
Agreement shall also be published by Unit in a local newspaper covering jurisdiction of Unit.
9. NOTICES. Unless otherwise specifically provided herein, any notice, request, complaint,
demand, communication or other paper shall be sufficiently given and shall be deemed given when
the same are: (i) deposited in the United States mail and sent by first class mail, postage prepaid; or
(ii) delivered in each case to the parties at the addresses set forth below or at such other address as a
party may designate by notice to the other parties.
If to Unit:
City of Baytown
2401 Market Street
Post Office Box 424
Baytown, Texas 77522
Attn: Pete Alfaro, Mayor
and
If to Department:
Texas Department of Economic Development
1700 N. Congress Avenue
Post Office Box 12728
Austin, Texas 78711
Attn: Rick Thrasher, Executive Director -
10. OTHER AGREEMENTS. All oral and written agreements among the parties to this
Agreement relating to the subject matter of this Agreement that were made prior to the execution of
this Agreement have been reduced to writing and are contained in this Agreement.
11. SEVERABILITY. If any provision of this Agreement shall for any reason be held invalid,
illegal, or unenforceable, it is the intent of the parties hereto that the remaining provisions of this
Agreement shall be construed and enforced to the full extent permitted at law or in equity. •
12. COUNTERPARTS.This Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
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13. ATTACHMENTS. The attachments enumerated and denominated below are hereby made a
part of this agreement, and constitute promised performances by Unit in accordance with this
agreement.
(1) Exhibit A, Legal Description of the Zone; and
(2) Exhibit B, Map.
Witness our hands effective this `(- day of p-„, , 1999.
CITY OF BAYTOWN,TEXAS TEXAS DEPARTMENT OF
ECONOMIC DEVELOPMENT
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BY: /"7„ C.
Pete Alfaro Rick Th asher
ITS: Mayor IT Executive Directo
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