CC Resolution No. 1308 2511
RESOLUTION NO. 1308
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING RESOLUTION NO. 1253 BY CLARIFYING THE
QUALIFYING NEW CONSTRUCTION ABATEMENT; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, on the 27' day of July, 1995, the City Council of the City of Baytown
established a new industrial district policy; and
WHEREAS, such policy included an abatement for qualified new construction in order to
encourage the expansion of responsible industry near the City of Baytown and to encourage orderly
economic growth and thus enhance the general advancement of the affected population; and
Whereas,the industrial district policy should be revised in order to clarify the purposes of
the abatement afforded to promote the expansion of industries within the City of Baytown's
Industrial Districts;NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1: That the City Council of the City of Baytown hereby amends Section 6 of
Resolution No. 1253, which was adopted on the 27`h day of July, 1995, to read as follows:
Section 6: That the City Council desires to encourage the expansion of
responsible industry near the City of Baytown in order to encourage orderly
economic growth and thus enhance the general advancement of the affected
population. As such, the new construction industrial district payment referenced
hereinbelow, shall only be afforded to companies that have previously had an
industrial district agreement with the City and then only to the extent that such
companies have not breached any term or condition thereof, including, but not
limited to, the timely payment of the appropriate amounts to the City.
Expansions to existing industries, announced after the effective date hereof,
may upon application to the City Council, be entitled to exemptions from
compensation to the City of Baytown in the following manner.
I. For all qualifying new construction which is located within an Industrial
District and which has a value greater than twenty million dollars
($20,000,000),the industrial district payment shall be calculated as follows:
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New Construction = Tax Rate x Fair Market Value x Applicable New
Industrial District of New Construction Industrial District
Payment Rate
a. The applicable new construction industrial payment rate shall be
determined as follows:
FEAR OF. ONST'RLICTTON
VALUATTONOY IN 7S RZAI
........_
QUALIFYIN ISTR C.T PAYMENT
C1�1�1ST RUST IO RAIT E
1 0%
2 0%
3 20%
4 30%
5 40%
6 and 7 50%
b. Such new construction industrial district payment rate shall apply
only to qualified new construction and then only to the extent that the
value of the manufacturing industry's plant in an Industrial District,
exclusive of such qualified, new construction, equals or exceeds the
market value of the Company's entire facility as of January 1 of the
year immediately preceding the year in which the industrial district
agreement becomes effective. If, however, in any year, the market
value of the Company's property is less than such amount,then value
of the new construction shall be added to the market value; and if
such sum exceeds the market value of the Company's entire facility
as of January 1 of the year immediately preceding the year in which
the industrial district agreement became effective,the value in excess
of such amount shall be a factor in computing the new construction
industrial district payment.
2. The new construction industrial district payment shall first become effective
as of January 1, immediately following the date of the start of construction,
which upon the earlier of the final completion or the expiration of two years,
qualifies as "new construction." For purposes of determining whether new
construction is qualified for the new construction industrial district payment
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calculation, the City shall verify that the fair market value of the new
construction after the expiration of two (2) years from the effective date of
the new construction industrial district payment computation equals or
exceeds twenty million dollars ($20,000,000). Thus, if after the two-year
period, the fair market value of the new construction is less than twenty
million dollars($20,000,000),the difference between the amount that would
have been paid pursuant to the industrial district payment calculation and the
amount actually paid pursuant to the new construction industrial district
payment shall be recaptured by the City and shall be paid within sixty (60)
days after written notice of the non-qualification of the new construction for
the new construction industrial district payment computation by the City or
its designee to the Company. In no case shall the period to which the new
construction industrial district computation applies, inclusive of construction
and completion, extend beyond the term of any industrial district agreement.
3. In the event that the Company allows all or any part of its new construction
industrial district payment to become delinquent, this portion of the
Agreement,dealing specifically with new construction,shall become null and
void; and all payments previously reduced by virtue of this section (i.e., the
difference between the industrial district payment and the new construction
industrial district payment) shall be recaptured and paid within sixty (60)
days of the delinquency date.
4. Any expansion shall be defined as a new manufacturing facility or a major
addition to an existing manufacturing facility of a company that has
previously had an industrial district agreement with the City and has abided
by the terms and conditions thereof, which is intended to permanently and
significantly increase production capacity or produce a new product. An
investment which solely replaces or modernizes existing facilities shall not
be considered as an expansion. Replacement-type expenditures, including,
but not limited to, repairs, maintenance, catastrophe, losses, or similar items
shall not be considered or treated as an expansion.
5. The City Council reserves the right to judge the desirability of expansions to
existing industry so as to qualify for the new construction industrial district
payment.
Section 2: All resolutions or parts of resolutions inconsistent with the terms of this
resolution are hereby repealed;provided,however,that such repeal shall be only to the extent of such
inconsistency and in all other respects this resolution shall be cumulative of other resolutions
regulating and governing the subject matter covered by this resolution.
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Section 3: If any provision, section, exception, subsection, paragraph, sentence, clause
or phrase of this resolution 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 resolution or their application to other persons or sets of
circumstances and to this end all provisions of this resolution are declared to be severable.
Section 4: This resolution 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 101h day of April, 1997.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
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ACIO RAMIREZ, S , City Attorney
c:klh32\Resol utions\AmendmentlDA.Resaln[ion
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