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CC Resolution No. 1677 79 RESOLUTION NO. 1677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DENYING THE REQUEST OF TX GARTH HOUSING, L.P., FOR AN EXEMPTION FROM AD VALOREM TAXATION PURSUANT TO SECTION 11.1825 OF THE TEXAS TAX CODE CONCERNING THE CONSTRUCTION OR REHABILITATION OF LOW-INCOME HOUSING AT THE SOUTHEAST CORNER OF GARTH ROAD AND HUNT ROAD, BAYTOWN, HARRIS COUNTY, TEXAS; DIRECTING THE CITY MANAGER TO TAKE ALL NECESSARY ACTION TO OPPOSE AND DENY THE APPLICATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, TX Garth Housing, L.P., has filed an application with t x `V n/ g and Community Affairs for construction of a low income tax exempt property 1e southeast corner of Garth Road and Hunt Road, Baytown, Harris County, Tex; WHEREAS, the City cannot afford the loss of ad valorem tax revenu ng the exemptions as requested; and WHEREAS, based upon the above-referenced finding, the City must herein deny the requesr for exemptions from ad valorem property taxation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council hereby determines that the City cannot afford the loss of ad valorem tax revenue that would result from approving the application of TX Garth Housing, L.P., for tax exemption for a development at the southeast corner of Garth Road and Hunt Road, Baytown, Harris County, Texas. Section 2: That because of the finding in Section I hereof, the City Council of the City of Baytown hereby denies the request from TX Garth Housing, L.P., for an exemption pursuant to Section 11.1825 of the Texas Tax Code. Section 3: That the City Manager of the City of Baytown is hereby directed to take all action necessary to deny the request and to oppose the request, if necessary, before the Texas Department of Housing and Community Affairs, the Harris County Appraisal District, and any other governmental entity or tribunal exercising jurisdiction over this matter. 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 91h day of September, 2004. CALVIN MUNDINGER,Mayor ATTEST: GARYLW. SMITH, City Clerk APPROVED AS TO FORM: *TA ion\ICaren\Files\City Council\ solutions\DenyRequest,$AdValotemHxemptionSectionI 1.1825TXGarthHousing.doc