Ordinance No. 8,94320000713 -3
ORDINANCE NO. 8943
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CREATING THE ELASTOMERS REINVESTMENT ZONE PURSUANT
TO RESOLUTION NO. 1402 OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN; MAKING VARIOUS FINDINGS AND PROVISIONS RELATED TO
THE SUBJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the creation and retention of job opportunities that bring new wealth to the City
of Baytown is one of the highest civil priorities of the City of Baytown (the "City "); and
WHEREAS, Elastomers Warehouse, L.P, ( "Elastomers Warehouse ") desires to construct and
operate a storage and distribution warehouse; and
WHEREAS, Elastomers Warehouse has represented that it will increase the value of the
property described in Exhibit "A," which is attached hereto and incorporated herein for all intents and
purposes by approximately SIX MILLION TWO HUNDRED FIFTY THOUSAND AND NO 1100
DOLLARS ($6,250,000.00) after the construction is completed; and
WHEREAS, Elastomers Warehouse has represented that the construction and operation of the
facility will result in the creation and /or retention of fourteen (14) to twenty (20) full -time jobs in the
City; and
WHEREAS, notice of the public hearing held on May 23, 2000, concerning the designation of
the Elastomers Reinvestment Zone was (i) published in a newspaper having general circulation in the
City and (ii) delivered to the presiding officer of the governing body of each taxing unit that includes
in its boundaries the real property that is to be included in the proposed reinvestment zone; and
WHEREAS, the City Council of the City of Baytown has held a public hearing on May 23,
2000, on the designation of the proposed reinvestment zone to be known as the Elastomers
Reinvestment Zone; and
WHEREAS, the City Council of the City of Baytown finds that it is reasonably likely that the
creation of the proposed zone will contribute to the expansion of primary employment and will attract
major investment in the proposed zone that will be of benefit to the property and that will contribute
to the economic development of the City; and
WHEREAS, the City Council of the City of Baytown finds that the improvements sought to be
constructed within the proposed zone are feasible and practicable and will be of benefit to the land to
be included within the proposed zone and to the City after the expiration of a municipal tax abatement
agreement; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the facts and matters set forth in the recitals of this Ordinance are hereby
found to be true and correct.
Section 2: That the City Council of the City of Baytown, Texas, hereby establishes and
designates a reinvestment zone to be known as the Elastomers Reinvestment Zone (the "Zone ") for
the purpose of encouraging economic development through commercial- industrial tax abatement.
® This designation shall be effective for five (5) years from the effective date of this Ordinance.
20000713 -3a
Section 3: That the Zone hereby established is more particularly described in Exhibit "A,"
® which is attached hereto and made a part hereof for all intents and purposes.
Section 4: That this Ordinance shall serve as notice to every taxing unit that includes
inside its boundaries property that is located within the boundaries of the Zone of the establishment of
the Elastomers Reinvestment Zone by the City, and the City Clerk is hereby directed to send certified
copies of this Ordinance to all such affected taxing units.
Section 5: Should any portion or part of this Ordinance be held for any reason to be
invalid and unenforceable, the same shall not be construed to affect any other valid portion hereof, but
all valid portions hereof shall remain in full force and effect and to this end all provisions of this
Ordinance are hereby declared to be severable.
Section 6: 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 13th day of July, 2000.
PETE C. ALFAR , Mayor
ATTEST:
GA W. AMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, W., City Attorney
0 c:klh251\ council\ ordinance\ ElastomersReinvestmentZoneOrdinance
2
STATE OF TEXAS)
is COUNTY OF HARRIS)
El
DESCRIPTION of an 11.3437 acre tract of land situated in the Harvey Whiting Survey, Abstract
840, Harris County, Texas, out of and a part of that certain 99.782 acre tract of land conveyed by
Hance Busch, et al, to Texas Olefins Company by Deed dated June 7, 1974 and recorded in County
Clerk's File No. E176573 of the Official Public Records of Real Property of Hams County, Texas;
out of and a part of that certain 31.394 acre tract of land conveyed by J. Livingston Kosberg, et al,
to Texas Olefins Company by Deed dated May 16, 1975 and recorded in County Clerk's File No.
E440858 of the Official Public Records of Real Property of Harris County, Texas; and out of and
a part of that certain 2.52 acre tract of land conveyed by Bill Bishop, et al, to Texas Olefins
Company by Deed dated March 12, 1976 and recorded in County Clerk's File No. E712624. This
11.3437 acre tract of land is more particularly described by the following metes and bounds, to -wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUIv=S IN THE
NORTH LINE OF THAT CERTAIN 24.921 ACRE TRACT OF LAND ('EXHIBIT A -1 ")
CONVEYED BY TEXAS OLEFINS COMPANY TO ENICHEM ELASTOMERS AMERICAS,
INC., BY DEED DATED MARCH 28, 1991 AND RECORDED IN COUNTY CLERK'S FILE
NO. N070826 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS
COUNTY, TEXAS.
COMMENCING at a' /2 inch iron rod in the West right -of -way line of Decker Drive (right -of -way
width varies) in the East line of said 31.394 acres, at the Northeast corner of said 24.921 acres.
THENCE: North 89 deg. 47 min. 32 sec. West along the North line of said 24.921 acres for a
distance of 359.82 feet to a point for the Southernmost Southeast comer and POINT OF
BEGLNNNG of this tract.
THENCE: Continue North 89 deg. 47 min. 32 sec. West along the Westernmost South line of this
tract and the North line of said 24.921 acres for a distance of 378.03 feet to a point for a Southwest
comer of this tract.
THENCE: North 39 deg. 28 min. 48 sec. West along a West line of this tract for a distance of 33.14
feet to a point for an interior comer of this tract.
THENCE: South 50 deg. 31 min. 11 sec. West along an exterior line of this tract for a distance of
39.93 feet to a point for an exterior corner of this tract.
THENCE: North 39 deg. 28 min. 48 sec. West along a West line of this tract for a distance of 24.00
feet to a point for an exterior corner of this tract.
THENCE: North 50 deg. 31 min. 11 sec. East along an exterior line of this tract for a distance of
39.91 feet to a point for an interior corner of this tract.
_
PAGE 2 - 11.3437 ACRES.
THENCE: North 39 deg. 28 min. 59 sec. West along a West line of this tract for a distance of 12.00
to a point for an interior comer of this tract.
THENCE: South 50 deg. 31 min. 08 sec. West along an interior line of this tract for a distance of
3.98 feet to a point for an exterior comer of this tract.
THENCE: North 39 deg. 28 min. 48 sec. West along a West line of this tract for a distance of 505.43
feet to a point for the point of curvature of a curve to the right, concave Southeasterly.
THENCE: Along and around said curve to the right in a Northeasterly direction, said curve has a
radius of 76.00 feet, a central angle of 90 deg. 00 min. 00 sec., a chord bearing and distance of North
05 deg. 31 min. 12 sec..East 107.48 feet, for an arc length of 119.38 feet to the terminus point of said
curve.
THENCE: North 50 deg. 31 min. 11 sec. East along the Westernmost North line of this tract for a
distance of 322.10 feet to a point for an interior comer of this tract.
THENCE: North 39 deg. 10 min. 38 sec. West along the Northernmost West line of this tract for a
distance of 89.00 feet to a point for the Westernmost Northwest corner of this tract.
THENCE: North 51 deg. 10 min. 16 sec. East along the Easternmost North line of this tract for a
distance of 207.60 feet to a point in the West right-of-way line of Decker Drive and the East line of
said 99.782 acre tract for the Northeast comer of this tract.
THENCE: South 33 deg. 20 min. 03 sec. East along the East line of this tract, the East line of said
99.782 acre tract and the West right -of -way line of said Decker Drive for distance of 321.37 feet
to a 5/8 inch iron rod for an angle point in said line at the Northwest comer of that certain 32.425
acre tract of land described in Volume 6837 at Page 301 of the Deed Records of Harris County,
Texas, the Northwest corner of said 31.394 acre tract and the Easternmost Northeast corner of said
99.782 acres.
THENCE: South 39 deg. 29 min. 00 sec. East along the East line of this tract, the East line of said
99.782 acres and the West right -of -way line of said Decker Drive for a distance of 659.09 feet. to a
point for the Easternmost Southeast comer of this tract.
THENCE: South 50 deg. 31 min. 00 sec. West along the Easternmost South line of this tract for a
distance of 276.88 feet to the PLACE OF BEGINNING and containing within these boundaries
11.3437 acres of land.
STATE OF TEXAS)
® COUNTY OF HARRIS)
DESCRIPTION of a 0.7922 of an acre tract of land situated in the Harvey Whiting Survey, Abstract
840, Harris County, Texas; out of and a part of that certain 24.921 acre tract of land described as
°Exhibit A -1" in Deed dated March 28, 1991 from Texas Olefins Company to Enichem Elastomers
Americas, Inc., recorded in County Clerk's File No. N070826 of the Official Public Records of Real
Property of Harris County, Texas. This 0.7922 of an acre tract of land is more particularly described
by the following metes and bounds, to -wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS IN THE
NORTH LINE OF SAID 24.921 ACRE TRACT OF LAND.
COMMENCING at a'' /z inch iron rod in the West right -of -way line of Decker Drive (right -of -way
width varies) at the Northeast comer of said 24.921 acres.
THENCE: North 89 deg. 47 min. 32 sec. West along the North line of said 24.921 acres for a
distance of 359.82 feet to a point for the Northeast comer and POINT OF BEGINNING of said tract
herein described.
THENCE: South 50 deg. 31 min. 00 sec. West along the East line of this tract for a distance of
252.44 feet to a point for the Southeast comer of this tract.
THENCE: WEST along the South line of this tract for a distance of 49.84 feet to a point for the
Southwest comer of this tract.
THENCE: North 39 deg. 28 min. 48 sec. West along the West line of this tract for a distance of
209.74 feet to a point in the North line of said 24.921 acres for the North west comer of this tract.
THENCE: South 89 deg. 47 min. 32 sec. East along the North line of this tract and the North line
of said 24.921 acres for a distance of 378.03 feet to the PLACE OF BEGINNING and containing
within these boundaries 0.7922 of an acre of land.
STATE OF TEXAS)
COUNTY OF HARRIS)
DESCRIPTION of a 0.0436 of an acre tract of land situated in the Harvey Whiting Survey, Abstract
840, Harris County, Texas; out of and a part of that certain 24.921 acre tract of land described as
"Exhibit A -1" in Deed dated March 28, 1991 from Texas Olefins Company to Enichem Elastomers
Americas, Inc., recorded in County Clerk's File No. N070826 of the Official Public Records of Real
Property of Harris County, Texas. This 0.0436 of an acre tract of land is more particularly described
by the following metes and bounds, to -wit:
NOTE: BEARINGS ARE BASED ON DEED BEARINGS AND FOUND MONUMENTS IN THE
NORTH LINE OF SAID 24.921 ACRE TRACT OF LAND.
COMMENCING at a' /2 inch iron rod in the West right -of -way line of Decker Drive (right -of -way
width varies) at the North-east corner of said 24.921 acres.
THENCE: North 89 deg. 47 min. 32 sec. West along the North line of said 24.921 acres for a
distance of 359.82 feet to a point.
THENCE: South 50 deg. 31 min. 00 sec. West for a distance of 252.44 feet to a point.
THENCE: WEST for a distance of 22.03 feet to a point for the Northeast corner and POINT OF
BEGINNING of said tract herein described.
THENCE: SOUTH along the East line of this tract for a distance of 95.00 feet to a point for the
Southeast corner of this tract.
THENCE: WEST for a distance of 20.00 feet to a point for the Southwest corner of this tract.
THENCE: NORTH along the West line of this tract for a distance of 95.00 'feet to a point for the
Northwest comer of this tract.
THENCE: EAST along the North line of this tract for a distance of 20.00 feet to the PLACE OF
BEGINNING and containing within these boundaries 0.0436 of an acre of land.