Ordinance No. 12,218ORDINANCI,""No. 12.1218
AN C' RDINANC E OF '1111"(1TYCOUNC I L 01"I"HE CITY (*" BAYTOWN,11 "IX AS,
AUTHORIZING TFIF CITY MANAGER F0 'Uff' HIE' SECOND
AME"NIDNIFIXF 1'0 1'11111�1'1 INTEIRLOCAL AGRE�FNIF,N , I YWEEN HARRIS
COUNTY, CITY OF BAYTOWN, AND RE`INVESTMF,NI' ZONE NUMBER ONF.,
CITY OF BAYTOWN,TEXAS, 1'�OR I 1ARRIS COU NIVS PAR TIC I PAT ION INTI 11'
TIRZ FOR THI_-' SJOLANDF"R ROAD PROJE(,,'I; AND PROVIDING FOR THE'
L1' FFECTI V 1: DATETH F R 1-:0 F.
IIEI'I'ORDAINF,D[3�)''I'll)"(:l'I 'YC(')L.INCII..,OFT'ilE(']'hY(1)1,'13AY'l'0\ IN,I'EXAS�
Section 1: That tile City Council of tile City of'Baytown,Texas, herebyauthorizes the City
Man.ager to execute the Second Amendment to the Interlocal Agreeinent Ivtween Harris County,
Reinvestment Zone Nurnber C. City cat' Baylown,Texas, and the City ol'Baytown for the County's
participation in the TIRZ for tile SJolander Road Project. A copy of'saidaniendmem is attached hereto as
F-Ahibit 'A" and incorporated herein for all intents and purposes.
Scetion 2: This ordinance shall take effect immediately from arid after its passage by the
City Council of the C it y of Baytown "7
INTRODUCED, READ and PASSED by the affirmative vo1L:,,'6Hhe Cily ",0LUICH Of' tile City of
Baytown this the 28'a' day of 'March, 2013.
D(_'NCARLOS, Mayor
Al FK�_)
a)
1 11 CI A 1. Ry "s
APPROVED AS TO FORM:
SR., City �itorraey
,\,,,•obk0H doe
Exhibit "A"
THE STATE OF TEXAS
COUNTY OF HARRIS
SECOND AMENDMENT
TO INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY,
CITY OF BAYTOWN, AND BAYTOWN TAX INCREMENT REINVESTMENT
ZONE NUMBER ONE
THIS SECOND AMENDMENT TO THE INTERLOCAL AGREEMENT (this "Second
Amendment"), dated and effective as of March 28, 2013, is made by and between the CITY OF
BAYTOWN (the "City "), a municipal corporation and home -rule city of the State of Texas,
principally situated in Harris County, acting through its governing body, the Baytown City
Council (the "City Council "); HARRIS COUNTY (the "County ") acting through its governing
body, the Harris County Commissioners Court (the "Commissioners Court"); and TAX
INCREMENT REINVESTMENT ZONE NO. ONE, CITY OF BAYTOWN, TEXAS (the
"TIRZ "), created by City action, pursuant to Chapter 311, Texas Tax Code. This Second
Amendment is made pursuant to Chapter 791, Texas Government Code, and Chapter 311, Texas
Tax Code.
WHEREAS, the TIRZ was created by the City in 2001 for the purpose of financing
certain public improvements described in the Project Plan and Reinvestment Zone Financing
Plan adopted on behalf of the TIRZ, as amended (the "Project Plan "); and
WHEREAS, the County, the City and the TIRZ entered into that certain Interlocal
Agreement, approved by Commissioners Court on December 18, 2007 (the "Original
Agreement ") providing for participation in the TIRZ by the County, amended by that certain
First Amendment to Interlocal Agreement, approved by Commissioners Court on August 23,
2011 (the "First Amendment ")(the Original Amendment and the First Amendment are hereafter
collectively referred to as the "Interlocal Agreement"); and
WHEREAS, the TIRZ and the City have taken the requisite steps to enlarge the TIRZ
and amend the Project Plan to provide for the Sjolander Road Project (defined below), and the
inclusion of a portion of certain proposed Chevron Phillips Chemical Company LP facilities
located on the Expansion Tract (defined below), and the County, the City and the TIRZ wish to
amend the Interlocal Agreement again to provide for the design, construction, and financing of
the Sjolander Road Project as more fully provided herein; now, therefore
In consideration of the mutual covenants contained herein, the sufficiency of which is
hereby acknowledged, the City, the County and the TIRZ agree as follows:
1. Capitalized terms used herein shall have the meanings provided for them in the
Interlocal Agreement, unless otherwise defined or the context clearly provides otherwise. Solely
for purposes of this Second Amendment, the following terms are defined as follows:
421730_9
"Captured Appraised Value of the Improvements" means the total taxable value
of the Improvements for the applicable year (the base value of the Improvements on
January 1, 2012 being zero).
"Chevron Phillips" means Chevron Phillips Chemical Company LP.
"Chevron Phillips Amount" means the amount paid to the County for the
Sjolander Road Project and reimbursable to Chevron Phillips under the terms of the
Development Agreement.
"County Expansion Tract Tax Increment Participation" means 65 percent of the
County ad valorem taxes collected on the Captured Appraised Value of the
Improvements, excluding taxes collected by the County on behalf of the Port of Houston
Authority, the Harris County Flood Control District, the Harris County Hospital District
and any other taxing entity on behalf of which the County imposes an ad valorem tax,
other than the County itself.
"Development Agreement" means that certain Development Agreement among
the City, the County, the Baytown Redevelopment Authority, and Chevron Phillips with
respect to the Sjolander Road Project.
"Expansion Tract" means the land added to the TIRZ by the City by resolution on
November 19, 2012, more fully described in Exhibit A.
"Expansion Tract Base Year" is January 1, 2012.
"Improvements" means the 1- hexene unit and the ethane cracking unit being
installed on the Expansion Tract by Chevron Phillips.
"Project Plan Amendment" means the Project Plan amendment approved by the
City by ordinance on November 19, 2012, and attached hereto as Exhibit B.
"Sjolander Road Project" means the improvements to Sjolander Road described in
the Project Plan Amendment and more fully described in the Development Agreement.
2. The Interlocal Agreement is amended to add the following terms and provisions:
a. The County accepts and agrees to the Project Plan Amendment and the
expansion of the TIRZ by the Expansion Tract. The amendment to the Project Plan was
accomplished with the consent and approval of the County as provided in the Interlocal
Agreement.
b. The obligations of the County under this Second Amendment are
contingent upon Chevron Phillips' compliance with its obligation to advance funds to the
County for the Sjolander Road Project under the Development Agreement. The County
4217304
agrees to design and construct the Sjolander Road Project, such obligation being more
fully described in the Development Agreement.
C. The County agrees to participate in the Expansion Tract as provided in this
Section. The County will contribute the County Expansion Tract Tax Increment
Participation to the TIRZ, to be deposited in the Tax Increment Fund for use exclusively
as provided herein. The timing and manner of payment of the County Expansion Tract
Tax Increment Participation, shall be accomplished as provided for other County
payments in the Interlocal Agreement. The County participation in the Expansion Tract
shall be limited to the terms of this Second Amendment, and the general financial
participation of the County in the Interlocal Agreement shall not extend to the Expansion
Tract.
d. The obligations of the County with respect to the Expansion Tract will
commence beginning the 2013 tax year, and terminate on the earlier of (i) the
reimbursement of the entire Chevron Phillips Amount to Chevron Phillips as provided in
the Development Agreement, or (ii) August 31, 2031.
3. The provisions of the Interlocal Agreement, as amended and restated in the First
Amendment, shall apply to this Second Amendment except as reasonably necessary to
accomplish the terms of this Second Amendment. Except as amended hereby, the Interlocal
Agreement, as amended and restated in the First Amendment, remains in full force and effect as
of the effective date thereof.
[Remainder of page intentionally left blank.]
4217304
IN WITNESS WHEREOF, the City, the County and the TIRZ have made and executed
this Second Amendment in multiple counterparts, each of which is original.
HARRI OUNTY
B :
David B. Turkel,Director
Harris County Community Services Department
APPROVED AS TO FORM:
VINCE RYAN
Ha Coun Attora�
y
B
y
Doug as P. y, ssistant County Attorney
CITY OF BAYTOWN
By:
Ro ert D. Leiper, City Manager
ATTE
........•
Le icia Bp ch, lea p,
Approv �dp�fUP '
GfCt o
C-lin
acio Ramirez, Sr., City Art -ley '
REINVESTMEN ONE NUMBER ONE, CITY OF BAYTOWN
By:
Nam .
Title:
Exhibit A
The Expansion Tract
su»o_a
ETHYLENE UNIT 1594
DESCRIPTION OF A 51.472 -ACRE TRACT
OF LAND OUT OF THE WILLIAM BLOODGOOD
SURVEY, A4, HARRIS COUNTY, TEXAS
Being a 51.472 -acre (2,242,121 square foot) tract of land out of the William Bloodgood
Survey, A-4, Harris County, Texas. Said 51.472 -acre tract being a portion of a 611.799 -
acre tract of land conveyed to Chevron Chemical Company, now ChevronPhillips
Chemical Company, as recorded under Harris County Clerk's File Number K160640,
Film Code Number 023 -70 -2135 of the Official Public Records of Real Property Hands
County, Texas and being more particularly described by metes and bounds as follows,
with the basis of bearings being the Texas State Plane Coordinate System (South Central
Zone) (NAD83) as derived by GPS methods:
COMMENCING at a point at the intersection of the north right -of -way line of Interstate
Highway 10 (width varies) and the northwest right -of -way of the Southern Pacific
Railroad (100 feet wide);
THENCE South 85° 31' 26" West, over and across said Chevron Chemical Company
tract, a distance 2,956.12 feet to a point for the southeast comer and the POINT OF
BEGINNING of said tract herein described located at Texas State Plane Coordinate
(NAD83) (South Central Zone) N= 13,868,761.30 E= 3,260,695.35;
THENCE South 77° 21' 22" West, with the south line of said tract herein described, a
distance of 1,975.00 feet to a point for the southwest corner of said tract herein described;
THENCE North 12° 38' 38" West, with the west line of said tract herein described, a
distance of 1,135.25 feet to a point for the northwest corner of said tract herein described;
THENCE North 77° 21' 22" East, with the north line of said tract herein described, a
distance of 1,975.00 feet to a point for the northeast comer of said tract herein described;
THENCE South 12° 38' 38" East, with the east line of said tract herein described, a
distance of 1,135.25 feet to the POINT OF BEGINNING and containing 51.472 acres
(2,242,121 square feet) of land.
This description is accompanied by an exhibit sketch of even date.
Compiled By.
Weisser Engineering Company
19500 Park Row, Suite 100
Houston, Texas 77084
Job No.: CM 1041 (1442 -091)
Date: 03/15/13
NOTES
1. The cmdkutn ahawrl hereon traced an UKHU CORS
sfsflan Texas State Para 000dnae S)am South
Central Zara 4204, NAD 1983 (GRID)
2. The coerdinataa atrown harean are swft e.
N: 13.669.438.64
CALLEO 611.799 ACRES
E: 3.256.516.96
LAX: 29. 4W 24.7946Y
GULF OIL CORPORATION
LONC: 94' SW 50.76544'
TO CHEVRON CFtOWAI. COMPANY
em cREVRONP LUPS COWANY)
H.C.C.F, NO. K180W.
F.C. No. 023 -7"135
O.P.RA.P.H.C.
N77'21'22 "E
— 1,975.00'
in
N
N
M
I
M
00
M
N
(z
N: 136684329.03
E: 3.256.788.43
LAT 29' 4W 13.75060'
;O �Rr�
fij;' �' •,tr
WA l_ R� P S
14410
�O A,S
51.472 ACRES
(2,242,121 SQ. FT.)
i
— 1,975.00' P.03.
N: 13.866.781.30
r,
LAT: 2r 4O' 17.36329'
1� 4
N: 13ABOAM91
0 3.25Q446.56
lAr. 29' 49' 21L
in
N
l�
M
e .0
OD
M
M Fnd 1/2- I.R.
N_
to O�
S.E. CORNER
611 ACRES
N: 13.869.344.47 4
E: 3.263.607.17
t ,Q? nd. fl6107
cormete
1� Monument
K Fnd. 1/2' I.R:
N: 13.668.991.89
E: 3,263.842.17
INTERSTATE HIGHWAY 10
ETHYLENE UNIT 1594
CHEVRONPHILLIPS CHEMICAL COMPANY
WEISSER CEDAR BAYOU PLANT - BAYTOVVN. TEXAS
Engineering Co. eC t2013 Weisser Engine erie Company, Inc
19500 Pork Row, Suite 100 DRAWN BY: WAD F.B. N0:
ALCULATED BY: J.G. EPEET LE: 1 = 400'
Houston, Texas 77084 3
(281) 579 — 7300 NECKED BY: M.B. 1 OF r.9P.c.R. or -" AYE: 03 1 13 No.:CM10 1
NORTH ISBL (HU -1891)
DESCRIPTION OF A 3.975 -ACRE TRACT
OF LAND OUT OF THE WILLIAM BLOODGOOD
SURVEY, A4, HARRIS COUNTY, TEXAS
Being a 3.975 -acre (173,157 square foot) tract of land out of the William Bloodgood Survey,
A-4, Harris County, Texas. Said 3.975 -acre tract being a portion of a tract of land conveyed
to Chevron Chemical Company, now ChevronPhillips Chemical Company, as recorded under
Hams County Clerk's File Number K160640, Film Code Number 023 -70 -2135 of the
Official Public Records of Real Property Hams County, Texas and being more particularly
described by metes and bounds as follows, with the basis of bearings being the Texas State
Plane Coordinate System (South Central Zone) (NAD83) as derived by GPS methods:
COMMENCING at a point at the intersection of the north right -of -way line of Interstate
Highway 10 (width varies) and the northwest right -of -way of the Southern Pacific Railroad
(100 feet wide);
THENCE North 50106' 04" West, over and across said Chevron Chemical Company tract, a
distance 1,924.87 feet to a point for the most southerly comer and POINT OF BEGINNING
of said tract herein described located at Texas State Plane Coordinate (NAD83) (South
Central Zone) N= 13,870,226.55, E= 3,262,165.60;
THENCE North 121 38' 38" West, with a west line of said tract herein described, a distance
of 130.00 feet to a point for an interior corner of said tract herein described;
THENCE South 77° 21' 22" West, with a south line of said tract herein described, a distance
of 295.00 feet to a point for the most westerly comer of said tract herein described;
THENCE North 12° 38' 38" West, with a west line of said tract herein described, a distance
of 230.00 feet to a point for the northwest corner of said tract herein described;
THENCE North 77° 21' 22" East, with the north line of said tract herein described, a
distance of 587.50 feet to a point for the northeast corner of said tract herein described;
THENCE South 12° 38' 38" East, with the east line of said tract herein described, a distance
of 360.00 feet to a point for the southeast corner of said tract herein described;
THENCE South 770 21' 22" East, a distance of 292.50 feet to the POINT OF BEGINNING
and containing 3.975 acres (173,157 square feet) of land.
This description is accompanied by an exhibit sketch of even d;
Compiled By:
Weisser Engineering Company
19500 Park Row, Suite 100
Houston, Texas 77084
Job No.: CM1041 (1442 -091)
Date: 03/15/13
NOTES
1. The 000rdn9tas shown town tatted on LKMU CORE
SUMm To= Slats Plane Coadlnate SysWM Smdh
Central Zone 4204. NAD 1983 (GRID)
2. The dfsWnoas drone 1 W W w9 turfm-
�I�
I�
I
3
I Mo
1 O
�o
M
_N N
I 6.536.44', Z
I
N: 13,870,286.82
E: 30251,649.33
LAT. 29' 49' 321
�P � �0 FgFF
WA P .A
.
4410
�O SURVa.G
CALLED 811.700 ACRES
GULF OL CORPORATION
TO CHEVRON CFEJ:fI A C06IPANY
(NOW CHEVRONPHf M COMPANY)
H.C.C.F. NO. K160610,
F.C. N0. 023-"56
OP.R.R.P.H.C.
W. 13470.513.22 N 13,870.641.81
E 3,261.79899
uTuuii� E 3,282372.19
wR •
LAT. 29' 49' 35.
1'22 "E -
3.975 ACRES
(173,157 SQ. FT.)
S77.21'22 "w
295.00'
It: 13.870.353.39
E: 3,262.137.15
LAT. 29' 49' 32.81746'
LONQ 94' 55' 09.3594'.
3
Mo
0
".
O
V
Z
W
M 00-0
O
00 O
M
lV t�
N: 13,870,290.57
E: 3.282,450.98
LAY, . 29' 49' 31.08758'
F
F
P.O.B. S77'21'22 "W
N: 144170=55 \ 292.50'
E: 3.262.103.60 nd. 1/2- I.R.
LAM 29' 49' 31.35276' S.E. CORNER �O
LONG: 94. 58' 00.06888 011 ACRES
N: 13,009.344.47
\ & 3,20.31 807.17 a
h
P.O.C. \' !�'
N: 13808.991.99 \. Fnd. UDOT
E 3.83.04217 Concrete Monument
h
IMERSTATE HIOI{1NgY 10
WEISSER
Engineering Co.
19500 Pork Row, Suite 100
Houston, Texas 77084
(281) 579 — 7300
I&PLI. IF-"
Fad. 1/2'
1- HEXENE UNIT (HU -1891) NORTH ISBL '
CHEVRONPHILLIPS CHEMICAL COMPANY
CEDAR BAYOU PLANT - BAYTOWN, TEXAS
0 Cop3dght 2013 Weisser EagWeeft Cam . Inc
DRAWN BY: WAD IF.B. NO:
ALCULATED BY: J.G. CALE: 1" = 200' 3
NECKED BY: M.B. PHEET 1 OF 1 a
SOUTH ISBL (HU -1891)
DESCRIPTION OF A 3.246 -ACRE TRACT
OF LAND OUT OF THE WILLIAM BLOODGOOD
SURVEY, A -4, HARRIS COUNTY, TEXAS
Being a 3.246 -acre (141,380 square foot) tract of land out of the William Bloodgood
Survey, A-4, Harris County, Texas. Said 3.246 -acre tract being a portion of a 611.799 -
acre tract of land conveyed to Chevron Chemical Company, now ChevronPhillips
Chemical Company, as recorded under Harris County Clerk's File Number K160640,
Film Code Number 023 -70 -2135 of the Official Public Records of Real Property Harris
County, Texas and being more particularly described by metes and bounds as follows,
with the basis of bearings being the Texas State Plane Coordinate System (South Central
Zone) (NAD83) as derived by GPS methods:
COMMENCING at a point at the intersection of the north right -of -way line of Interstate
Highway 10 (width varies) and the northwest right -of -way line of the Southern Pacific
Railroad (100 feet wide);
THENCE North 35° 25' 17" West, over and across said Chevron Chemical Company
tract, a distance 1,331.85 feet to a point for the southeast comer and the POINT OF
BEGINNING of said tract herein described located at Texas State Plane Coordinate
(NAD83) (South Central Zone) N= 13,870,077.22 E= 3,262,870.32;
THENCE South 77° 21' 22" West, with the south line of said tract herein described, a
distance of 362.50 feet to a point for the southwest corner of said tract herein described;
THENCE North 12° 38' 38" West, with the west line of said tract herein described, a
distance of 390.00 feet to a point for the northwest comer of said tract herein described;
THENCE North 77° 21' 22" East, with the north line of said tract herein described, a
distance of 362.50 feet to a point for the northeast comer of said tract herein described;
THENCE South 120 38' 38" East, with the east line of said tract herein described, a
distance of 390.00 feet to the POINT OF BEGINNING and containing 3.246 acres
(141,380 square feet) of land.
This description is accompanied by an exhibit sketch of even date.
Compiled By:
Weisser Engineering Company
19500 Park Row, Suite 100
Houston, Texas 77084
Job No.: CM 1041 (1442 -091)
Date: 03/15/13
NOTES
1. The coorfates shown hereon bated on LKHU CORE
melon Texas State Ptene Coordlnate System. South
Cenral Zone 4204. NAD 1463 (GRID)
2. The coordinates shown Umn We VJIW*.
N: 13.670.376.38
E: 3.282.431.26
LAM. 29' 4Y 32.76315'
i
i
i
i
i
i
i
i
7,1
0
to
0
M
1
3
M
00
M
04
V—
Z
..s T ERr
X4410 --•
7'��. °..... S S\0
U .....
CALLID 611.799 ACRES
OW Ol CORPORATION
TO CHEVRON CHBAICAL COMPANY
(NOW OMROMMLLIPS COMPANY)
H.C.C.P. N0. K160W
F.C. No. MS-70-2135
OP.RR AC.
N77'21'22 "E - 362.50'
3.246 ACRES
(141,380 SQ. FT.)
S77'21'22 "W — 362.50'
P.O.B.
N: 13.680.447.67 N: 13.870.077.22
E: 3.262.510.64 E: 3.262.870.32
LAT: 24' 44' 26.4690Y LAT: 24' 44' "A
jUINO: 44' 55' 05.18428• U NQ 84. 55' Ot
WEISSER
Engineering Co.
19500 Pork Row, Suite 100
Houston. Texas 77084
(281) 579 — 7300
7,eP.E.N. %f -66
QQZ'
C ~
W 13.670.457.72
E: 3.262.761.46
LAT. 28' 4Y' 33.42544• _
0
0
0
rn
I
W
z
P
00
M
N_
N
rnd. 1/2'
S.E. CORNER �'
N11RES
13.884.344.47 Ct
E: 3,263,807.17
�0
�.. Q�B
� 2`
60' \
477• `
�Td' rna 1/2•
P.O.C. rnd. rADOT
Conenb tJonumanl
N: 13.864441.44
E: 3.263.642.17 INTERSTATE HIGHWAY 10
1— HEXENE UNIT (HU -1891) SOUTH ISBL
CHEVRONPHILLIPS CHEMICAL COMPANY ,NE
CEDAR BAYOU PLANT . BAYTOWN. TEXAS
® copyright 2013 Weisser ED inocm C-olnPWlYl Ina a
DRAWN BY: WAD F.B. N0:
ALCULATED BY: J.C. CALE: 1 OO 3
NECKED BY: M.B. ISHEET 1 OF 1 A
Exhibit B
Amendment to the Project Plan
42173O L4
ORDINANCE NO. 12,112
AN ORDINANCE APPROVING THE 2012 AMENDMENT TO THE PROJECT
PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR
REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN, TEXAS;
AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCH PLANS;
CONTAINING FINDINGS AND PROVISIONS RELATED TO THE
FOREGOING SUBJECT; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City Council of the City of Baytown ( "City ") pursuant to the provisions
of Chapter 311, Texas Tax Code, created Reinvestment Zone Number One, City of Baytown,
Texas, (the "Zone "); and
WHEREAS, the Board of Directors of the Zone has adopted and recommended, and the
City has approved, the Project Plan and Reinvestment Zone Financing Plan (the "Plan") for the
Zone; and
WHEREAS, Chapter 311 of the Texas Tax Code authorizes the enlargement of the Zone
and amendments to the Plan; and
WHEREAS, the Board of Directors of the Zone considered and adopted the 2012
Amendment to the Project Plan and Reinvestment Zone Financing Plan for Tax Increment
Reinvestment Zone Number One (the "Amendment") that reflects the enlargement of the Zone,
and recommended the Amendment for approval by City Council; and
WHEREAS, the City enlarged the boundaries of the existing reinvestment zone pursuant
to Section 311.007, Texas Tax Code; and
WHEREAS, after public notice thereof was given in accordance with the law, the City
Council conducted a public hearing on November 19, 2012, on the proposed Amendment, at
which property owners and other interested persons were allowed to speak; and
WHEREAS, evidence was received and presented at the public hearing in favor of the
proposed Amendment; NOW THEREFORE,
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 finds and
declares that the findings and recitals contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are adopted as part of this ordinance for all
purposes.
Section 2: The Plan is hereby amended to reflect the Amendment shown as Exhibit
"A," which is attached hereto and incorporated herein for all intents and purposes. The
Amendment is determined to be feasible and is approved. The appropriate officials of the City
are authorized to take all steps reasonably necessary to implement the Amendment.
Section 3: The City Clerk is directed to provide copies of the Amendment to each
taxing unit levying ad valorem taxes in the Zone.
Section 4: If any provision, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or the set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 5: 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 f the City Council of the
City of Baytown this the 19th day of November, 2912.
APPROVED AS TO FORM:
NACIO RAMIREZ, SRtqitY Attorney
DONCARLOS,
R:\Karcn\Fi1es\City Cauncii\OrdinanersL0121NovLiner 19\BT1R7_ 1 Ord_appmving 2012Amcndmcnt_ I 1 12 112.nr
November 6,2012
i + I I M N: w 0
w w
TABLE OF CONTENTS
2
Page
PROIECr PLAN
s
1.
Existing uses and conditions of real property within the area of the proposed Zone
II.
Proposed changes in zoning ordinance, master plan of the municipality, building codes
4
and other municipal ordinances
111.
List of estimated non - project cost items
4
REINVESTMENT ZONE FINANCING PLAN
I.
A detailed list describing the estimated projects of the Zone, including administrative
4
expenses
II.
A statement listing the kind, number and location of all proposed public works or
4
public Improvements in the Zone
III.
The estimated amount of bonded indebtedness to be incurred
4
IV.
The time when related costs or monetary obligations are to be incurred
4
V.
A description of the methods of financing all estimated project costs and the expected
5
sources of revenue to finance or pay project costs, including the percentage of tax
Increment to be derived from the property taxes of each taxing unit that levies taxes
on real property in the Zone
VI.
The current total appraised value of taxable real property in the Zone
S
VII.
The estimated captured appraised value of the Zone during each year of Its existence
S
Vill.
Duration of the Zone
S
1X.
Schedule A
7
X.
Schedule B
8
2
2012AMENDMENT
PROJECT PLAN
ExISTIN'G USES AND CONDITIONS OF REAL PROPERTY WITHIN THE AREA OF Till ZONE
Tax increment Reinvestment Zone Number One, City of Baytown ("Zone") consists of property
located in the general vicinity of the intersection of interstate 10 and Garth Road. Existing
development within the Zone consists of residential and commercial/retail development
including the San Jacinto Malt. The below map shows existing conditions of the Zone. Also
included In the map Is the proposed enlargement area located east of Sjolander Road and north
of Interstate 10, The enlargement area will be developed as a Chevron Phillips chemical plant
and road improvement.
'The purpose of this Plan Amendment is to provide for the expansion and reconstruction of
Siolander Road from Interstate 10 to Wallisville Road. The tax increment revenue to fund the
road improvement project will come from the increase in taxable value In the enlargement area
of the Zone.
11. PROPOSED CHANGES IN ZONING ORDINANCES, THE MASTER PLAN OF THE MUNICIPALITYP BUILDING
CODES AND OTHER MUNICIPAL ORDMANCES
There are no proposed changes to any city ordinance, master plan or building codes.
IV. UST OF ESTIMATED NON- PROIECT COSTS
There are no non - project costs.
V. There will be no persons dislocated as a result of this plan amendment.
REINVESTMENT ZONE FINANCING PLAN
1. A DETAILED UST DESCRIBING THE ESTIMATED PRolECT COSTS OF THE ZONE, INCLUDING
ADMINISTRATIVE EXPENSES
Estimated Project Costs
Improvement
Adminl$Vative expenses are anticipated to be negligible as the Baytown Redevelopment
Authority currently manages the Zone under contract with the City of Baytown.
II. STATEMENT USTING KIND, NUMBER AND LOCATION OF ALL PROPOSED PUBLIC WORKS OR PUBLIC
IMPROVEMENTS IN THE ZONE
1. Sjolander Road Improvement from Interstate 10 north to Wallisville Road.
Ill. ECONOMIC FEASIBILITY STUDY
This plan amendment is found to be economically feasible as provided in the flnancial
exhibits to this plan amendment (which exhibits constitute an economic feasibility
study).
IV. THE ESTIMATED AMOUNT OF BONDED INDEBTEDNESS TO BE INCURRED
The cost for the roadway improvements will be advanced by Chevron Phillips and reimbursed
through tax increment. There wig be no bonded indebtedness associate with this plan
amendment.
2
V. THE TIME WHEN RELATED cosTs OR MONETARY oBu"Tx)Ns ARE TO BE INCURRED
The Zone will Incur a monetary obligation upon execution of the development agreement with
Chevron Phillips and actual construction of the road improvement project. The Zone will be
obligated to repay Chevron Phillips for the cost of the road improvement through Increment
derived from the chemical plant project.
VI. A DmmnwN OF THE METHODS OF FINANCING ALL ESTIMATED PROJECT COSTS AM THE EXPECTED
SOURCn OF REVENUE TO FINANCE OR PAY PROJECT COSTS, INCLUDMG THE PERCENTAGE OF TAX
INCREMENT To at DERIVED FROM THE PROPERTY TAXES OF RAW TAXING UNIT THAT LEM TAXES ON
REAL PROPERTY IN THE ZONE
Description of the Methods of Financing
Chevron Phillips will advance project-related costs and be reimbursed through tax increment.
Sources of Tax Increment Revenue:
Harris County wW be the sole participant In the Zone enlargement and will participate according
to the following table.
County
INCREMENT DEDICATED TO THE ZONE
of General Fund Tax Rate
VII. THE CURRENT TOTAL APPRAISED VALUE OF TAXABLE REAL PROPERTY IN THE ZONE
The total current appraised value within the Zone is S
VIII. THE ESTIMATED CAPTURED APPRAISED VALUE OF THE ZONE DURING EACH YEAR OF ITS EXISTENCE
The estimated captured appraised value of the Zone during each year of its existence Is shown
In Schedules A and 8 attached to the rear of this document.
IX. DURATION of THE ZONE
The Zone enlargement does not affect the duration of the Zone which Is scheduled to terminate
In 2030.
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Presented to Commissioner's Court
THE STATE OF TEXAS § MAR 2 6 2013
APPROVE n L
COUNTY OF HARRIS § —
Recorded Vol Page______-
" The Commissioners Court of Harris County, Texas, convened at a meeting of said
Court at the Harris County Administration Building in the City of Houston, Texas, on the
day of W � 6 2013 , 2013, with the following members present, to -wit:
Ed Emmett County Judge
El Franco Lee Commissioner, Precinct 1
Jack Morman Commissioner, Precinct 2
--Steve-Radom Commissioner,_P-recinct-3—
R. Jack Cagle Commissioner, Precinct 4
and the following members absent, to -wit: e.Omvy, , ,s j Dr- r e 1L ,
constituting a quorum, when among other business, the following was transacted.
ORDER AUTHORIZING THE SECOND AMENDMENT OF INTERLOCAL
AGREEMENT BETWEEN HARRIS COUNTY AND TAX INCREMENT
REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN
AND THE DEVELOPMENT AGREEMENT PURSUANT TO THE SECOND
AMENDMENT THERETO
Commissioner 2 f�,,'J introduced an order and made a motion
that the same be adopted. Commissioner. V-Q-Q , seconded the motion
for adoption of the order. The motion, carrying with it the adoption of the order prevailed
by the following vote:
Yes No Abstain
Judge Emmett
Ul,
❑
❑
Comm. Lee
GY
❑
❑
Comm. Morman
3,
❑
❑
Comm. Cagle
❑
❑
The County Judge thereupon announced that the motion had duly and lawfully
carried and that the order had been duly and lawfully adopted. The order thus adopted
follows:
RECITALS
WHEREAS, on August 9, 2001, the Baytown City Council (the "City ") created
the Tax Increment Reinvestment Zone Number One, City of Baytown, Texas (the
"Zone ") by adoption of City of Baytown Ordinance No. 9197, for the purposes of
development and redevelopment in the Baytown area.
WHEREAS, on November 20, 2001, the City approved the enlargement of the
Zone by adoption of Ordinance No. 9275. The Tax Increment Reinvestment Zone
Number One, City of Baytown, Texas Board of Directors (the "TIRZ ") initially adopted a
Plan, which was approved by the City, on December 13, 2001, but such plan was later
determined to be obsolete; and
WHEREAS, the County, the City and the TIRZ entered into that certain
Interlocal Agreement, approved by Commissioners Court on December 18, 2007 (the
"Original Agreement ") providing for participation in the TIRZ by the County, amended
by that certain First Amendment to Interlocal Agreement, approved by Commissioners
Court on August 23, 2011 (the "First Amendment ") (the Original Amendment and the
First Amendment are hereafter collectively referred to as the "Interlocal Agreement ");
and
WHEREAS, the TIRZ and the City have taken the requisite steps to enlarge the
TIRZ and amend the Project Plan to provide for the Sjolander Road Project (defined
below), and the inclusion of a portion of certain proposed Chevron Phillips Chemical
Company LP facilities located on the Expansion Tract (defined below), and the County,
the City and the TIRZ wish to amend the Interlocal Agreement again to provide for the
design, construction, and financing of the Sjolander Road Project as more fully provided
herein; and
WHEREAS, the Texas Tax Code provides that the Zone may enter into
agreements as the Zone considers necessary or convenient to implement the Project Plan
and achieve its purposes; and
WHEREAS, the Authority and the Zone have determined that it is in the best
interest of the Zone and the Authority to enter into a Development Agreement with
Chevron Phillips and the County to provide for the design and construction of road
improvements necessary to implement the Project Plan, the advance of funds on behalf of
the Authority by Chevron Phillips to pay for such improvements, and the reimbursement
of such advanced funds by the Authority.
NOW, THEREFORE, BE IT ORDERED BY THE COMMISSIONERS COURT
OF HARRIS COUNTY, TEXAS THAT:
Section 1: The recitals set forth in this Order are true and correct.
Section 2: The Director of Harris County Community Services Department is
hereby authorized to execute the Second Amendment to Interlocal
Agreement between Harris County, City of Baytown and City of
Baytown Tax Increment Reinvestment Zone Number One. The
amended agreement is attached hereto as Exhibit A and made a
part hereof for all purposes.
Section 3: The Director of the Harris County Community Services
Department is hereby authorized to execute the Development
Agreement. The agreement is attached hereto as Exhibit B and
made a part hereof for all purposes.
Section 4: The Clerk of the Commissioners Court shall transmit forthwith a
copy of this Order to the Harris County Appraisal District, the
Assessor and Collector of Taxes for Harris County, the Mayor and
City Council of the City of Baytown, Texas, and the Board of
Directors of the Tax Increment Reinvestment Zone Number One,
City of Baytown, Texas.
Section 5: Once the Second Amendment to Interlocal Agreement and
Development Agreement are entered into, payment is received by
Harris County pursuant to the terms of the Development
Agreement, and such additional funds are certified by the Hams
County Auditor, the funds received shall be appropriated to Harris
County Precinct 2 for the purpose of constructing the
improvements described in the Development Agreement.
Section 6: All officers and employees of Harris County are hereby authorized
to execute whatever documents and take whatever actions are
necessary and appropriate to perform the Second Amendment to
Interlocal Agreement and Development Agreement.