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Ordinance No. 9,484n U ORDINANCE NO. 9484 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO LETTER AGREEMENT REGARDING AN INDUSTRIAL DISTRICT PAYMENT WITH EXXON MOBIL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to a letter agreement regarding an industrial district payment with Exxon Mobil Corporation. Such agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: 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 12'h day of December, 2002. ATTEST: GAIV W. MTI'H, City Clerk APPROVED AS TO FORM: el NACIO RAMIREZ, W., City Attorney 1-AKaren\'i1es%City Councill Ordinances�ExxonMobi leLetterAgreement.doc PETE C. ALFARO, Mayor • 0� B,A t CITY OF BAYTOWN U -�Ll 2401 MARKET P.O. BOX 424 BAYTOWN,TX. 77522 -0424 (281) 420 -6505 FAX (281) 420 -6586 IGNACIO RAMIREZ, SR. JULIE K. ESCALANTE KAREN L. IgORNER CITY ATTORNEY ASSISTANT CITY ATTORNEY ASSISTANT CITY ATTORNEY LEGAL DEPARTMENT December 9, 2002 Mr. Mike Brown Plant Manager Exxon Mobil Corporation 2800 Decker Drive F.O. Box 3950 Baytown, TX 77522 -3950 Re: Industrial District Interim Payment Dear Mr. Brown: As you are aware, the City of Baytown (the "City") is working on finalizing a standard industrial district agreement ( "IDA "), which shall be utilized for companies locating within the City's industrial district between 2002 and 2009, and for companies having existing agreements with the City that expire between 2002 and 2009. However, at this time, such agreement is not finalized. In recognition of these on -going discussions to finalize the IDA between Exxon Mobil Corporation ( "ExxonMobil ") and the City of Baytown, ExxonMobil agrees to make a non - refundable Industrial District Payment in the amount of $7,544,000.001 to the City of Baytown by December 31, 2002 as an interim payment pending completion of the final contract. It is expressly understood by both parties that: ➢ the 2002 tax year included in this letter agreement shall be the first year of the IDA, which the parties will hereinafter execute on or before May 31, 2003; and ➢ this 2002 Industrial District Interim Payment may be adjusted up or down dependent upon the outcome of the terms of such IDA. This letter agreement shall be effective and binding on the parties hereto upon execution hereof on behalf of the parties to this Agreement and supersedes any prior or existing agreements between ExxonMobil and the City relating to the industrial districts and associated payments. Sincerely, acio Ramirez, Sr. City Attorney RECEIVED DEC 1 2 7(lfl). ' This Industrial District Interim Payment is exclusive of any ad valorem taxes that are or may become due and owing to the City of Baytown. EMIT A 0 • Exxon Mobil Corporation December 9, 2002 Page 2 i ATTEST: j 5 o� � g . 10A'u � Signature Sonia- F. CeryiA+c.5 Printed Name Title Attest: GARY W. SMITH, City Clerk F:IKa tco\FilesU.egaPdDA\Exxo nM ob iN .etterAgreementRevisedbyExxonRe visions C lean.doc AGREED: Printed Name / V Titl Date AGREED: City of Baytown GARY JACKSON, City Manager 13 December 2002 Date