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Ordinance No. 8,321980709 -1 ORDINANCE NO. 8321 AN ORDINANCE OF THE CIT COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING AN AREA AS ENTERPRISE ZONE NO. 1; FINDING THE AREA MEETS THE REQUI MENTS OF THE TEXAS ENTERPRISE ZONE ACT; PROVIDING TAX INCENTIVES APPLICABLE TO BUSINESSES IN THE AREA; DESIGNATING AN AUTHORIZED REPRESENTATIVE TO ACT IN ALL MATTERS PERTAINING TO THE NOMINATION AND DESIGNATION OF THE AREA AS AN ENTERPRISE ZONE AND REINVESTMENT ZONE; DESIGNATING A LIAISON TO ACT ON ALL MATTERS PERTAINING TO THE ENTERPRISE ZONE ONCE DESIGNATED BY THE TEXAS DEPARTMENT OF COMMERCE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 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 in severely distressed areas of the City and to provide employment to residents of such areas; and WHEREAS, certain conditions exist in such areas 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 areas as enterprise zones pursuant to the Texas Enterprise Zone Act (the "Act "); WHEREAS, prior to the nomination of Enterprise Zone No. I herein, the City Council held a public hearing to consider this ordinance on the 91h day of July, 1998; and WHEREAS, the area herein nominated as Enterprise Zone No. 1 has a continuous boundary, is of a size permitted by the Act, is an area of pervasive poverty, unemployment and economic distress, and is within the incorporated limits of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That all matters and facts set forth in the recitals above are found to be true; and the processes and procedures therein described are approved as the processes and procedures which the City Council of the City of Baytown undertook and completed prior to the adoption of this ordinance. Section 2: That the City Council of the City of Baytown, Texas, hereby nominates the area, more specifically described in Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes, as Enterprise Zone No. 1 in accordance with the Act. Section 3: That the City Council finds that the area described in Exhibit "A" meets all of the requirements of the Act for designation as an enterprise zone. Section 4: That the City Council will provide the following incentives, which are applicable to businesses within the zone which are not applicable throughout the City of Baytown: • 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 that a business receiving an abatement creates jobs for qualified employees, as such term is defined in the Act, or increases the amount of investment in property located within the zone, whether such investment be through 980709 -1a ® expansion, development and/or rehabilitation. The abatement must qualify under either of the tax abatement programs, described in Exhibit "B," which is attached hereto and incorporated herein for all intents and purposes. • The City shall waive or refund any and all building permit fees due or paid for qualified new development, expansion, or rehabilitation projects. The City shall 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 5: The incentives described in Section 4 shall not be available to enterprises primarily involved in the retail sale of alcoholic beverages for on- premise consumption. Section 6: That the area described in Exhibit "A" is designated as an enterprise zone and a reinvestment zone subject to the approval of the Texas Department of Commerce. Section 7: That the City Council directs and designates the Mayor as the City's authorized representative to act in all matters pertaining to the nomination and designation of the area described herein as the enterprise zone and as a reinvestment zone. Section 8: That the City Council further directs and designates the City Manager as liaison for communication with the Texas Department of Commerce to oversee zone activities and communications with qualified businesses. Section 9: 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 9th day of July, 1998. ATTEST: 171LEEN P. ME , City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Ci Attorney ® d: klh931 councillordinance\NominatingGnterpriseZoneNo1.0rdinance 2 PETE C. ALFARO, Mayor ® METES AND BOUNDS DESCRIPTION ENTERPRISE ZONE NO. I 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 the alignment of the south ROW of East Jack Avenue approximately 4100 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; Thence, north 150 feet to the north ROW of East Adoue Avenue; Thence, east 100 feet to the north ROW of East Adouc Avenue (said point also being 150 feet west of the west ROW of 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 North 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 Last 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 Street (said point being 100 feet west of North Alexander Drive); ® Thence, west 100 feet along the north ROW of Alford Street; Efteff A Enterprise Zone I Metes and Bounds - Page I ® 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 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 Street; Thence, southeast 400 feet along the south boundary of the Hill Terrace Subdivision to a point 100 feet west of the west ROW of North Alexander Drive; Thence, north 160 feet to the north ROW of Pleasant Drive; 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 ofNorth Alexander Drive; ® Thence, northwest 50 feet along the north ROW of Largo Street; Enterprise Zone I Metes and Bounds— Pace 2 7• ® Thence, northeast 100 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 170 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; 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 ofJamcs Bowie Drive; ® Thence, cast 300 feet along the south ROW of James Bowie Drive; Enterprise Zone I Metes and Bounds — Pace 3 ® Thence, south 87 degrees, 03' west 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; 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 8400 feet along the north ROW of Spur 55; Enterprise Zone I Metes and Bounds — Page 4 Thence, southeast crossing State Highway Spur 55 to the northernmost western corner of Lot 1 of the Cedar Crossing Business Park; Thence, north 86 degrees 18 minutes 47 seconds east, a distance of 2356.07 feet; Thence, north 2 degrees 23 minutes 44 seconds west, a distance of 576.37 feet; Thence, north 88 degrees 20 minutes 5 seconds east, a distance of 971.02 feet; Thence, north 88 degrees 34 minutes 40 seconds east, a distance of 485.17 feet; 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, north 86 degrees 40 minutes 39 seconds east, a distance of 324.56 feet (this line is parallel to and 50 feet north of the center line of McKinney Road, which is the entrance road to the U.S. Steel Plant); Thence, north 00 degrees 8 minutes l second west, a distance of 1141.35 feet; Thence, north 55 degrees 26 minutes 21 seconds, a distance of 1667.30 feet; 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, north 59 degrees 56 minutes 40 seconds west, a distance of 1541.10 feet; Thence, north 2462.18 feet to a point on the south ROW of Rice Farm Road; Thence, east 11,854,82 feet along the south ROW of Rice Farm Road; Thence, south 1 degree 36 minutes 42 seconds east, a distance of 1451.60 feet; Thence, south 65 degrees 00 minutes 00 seconds west, a distance of 7000 feet; Thence, south 25 degrees 00 minutes 00 seconds east, a distance of 8332.87 feet to a point on the west ROW of FM Highway 2354; ® Thence, south 3785.78 feet along the west ROW of FM 2354; Thence, west 4825 feet to a point on the Delhi Gas Pipeline ROW; Enterprise Zone I Metes and Bounds — Pace 5 0 Thence, southwest along the Delhi Gas Pipeline Corporation, a distance of 1400 feet; • Thence, south 89 degrees 57 minutes 14 seconds west, a distance of 3536.54 feet; Thence, north 52 degrees 4 minutes 14 seconds west, a distance of 1116.39 feet; Thence, north 00 degrees 8 minutes 1 second west, a distance of 3549.51 feet to a point 50 feet south of the center line of McKinney Road (the entrance road to the U.S. Steel Plant); Thence, west 324.56 feet to a point on the east ROW of FM 1405, 50 feet south of McKinney Road (the entrance 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, north 25 degrees 25 minutes 58 seconds west, 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; 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. c:14lyDocumemslt.ega1\,til iseeIlancou s\.Icies& Bounds I:merprize /..one I .doe Enterprise Zone 1 Metes and Bounds — Pa(,,e 6 Tax Abatement Programs Businesses requesting tax abatement must qualify under the General Tax Abatement or the Target Investment Support as detailed herein. 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. 1327, passed by the City Council of the City of Baytown on the 25`h day of September, 1997. II. 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 of the tax due for a period of five years or $15,000. 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 Enterprise Zone No. I. Owners receiving tax exemptions from improvements by renters shall ensure 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 deficiencies on the property by bringing the same up to the standards of all applicable local, state and federal regulations. dIM93kouncihordinanceW ominatingEnterpriseZoneNo l .Ordinance Exhibit "B"