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CC Resolution No. 1684 86 RESOLUTION NO. 1684 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING BAYER MATERIALSCIENCE LLC TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT & TOURISM, THROUGH THE ECONOMIC DEVELOPMENT BANK FOR DESIGNATION AS A QUALIFED BUSINESS AND TRIPLE JUMBO ENTERPRISE PROJECT PURSUANT TO CHAPTER 2303 OF THE TEXAS GOVERNMENT CODE; PROVIDING LOCAL INCENTIVES; MAKING OTHER PROVISIONS ASSOCIATED THEREWITH; AND PROVIDING FOR THE EFFECTIVE THEREOF. ****************************************************************************** WHEREAS, the City of Baytown ("City") has previously adopted Ordinance No. 9718 electing to participate in the Texas Enterprise Zone Program, and establishing local incentives, as defined in Section 2303.4051 of the Texas Government Code, for a qualified business; and WHEREAS, the local incentives offered under this resolution are substantially the same on this date as were outlined in Ordinance No. 9718; and WHEREAS, the Office of the Governor, Economic Development and Tourism ("GOED&T") through the Economic Development Bank ("Bank") will consider the project proposed by Bayer MaterialScience LLC ("BMS") as an enterprise project pursuant to a nomination and an application made by the City; and WHEREAS, the City desires to pursue the creation of the proper economic and social environment in order to induce the investment of private resources in productive business enterprises located in the City and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; and WHEREAS, pursuant to Chapter 2303, Subchapter F of the Texas Enterprise Zone Act, Texas Government Code (the "Act'), BMS has applied to the City for designation of BMS as an enterprise project; and WHEREAS, the City finds that the BMS project meets the criteria for designation as an enterprise project under Chapter 2303, Subchapter F of the Act; and WHEREAS, the City finds that BMS meets the criteria for tax relief and other incentives adopted by the City applicable to property located in its extraterritorial jurisdiction and nominates the BMS project for enterprise project status on the grounds that it will be located at the qualified business site, will retain jobs and create economic activity and stability; and WHEREAS, the City finds that it is in the interest of the City to nominate the BMS project as an enterprise project pursuant to the Act; NOW THEREFORE, 87 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: All matters and facts set forth in the recitals above are found to be true, and are approved as the findings of the City Council of the City of Baytown. Section 2: That BMS is a "qualified business," as defined in Section 2303.402 of the Act, and meets the criteria for designation as an enterprise project, as set forth in Subchapter F of the Act, on the following grounds: 1. BMS is a "qualified business" under Section 2303.402 of the Act since it is engaged in the active conduct of a trade or business at a qualified business site within the City's jurisdiction located outside of an enterprise zone and at least 35% of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; and 2. The BMS project is qualified under Section 2303.404 of the Act because (1) it involves "an expansion, renovation, or new construction'; (2) it will be completed within a predetermined period not to exceed five (5) years; and (3) the BMS subsidiary maintains separate books and records for the Baytown refinery operations; and 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the City's jurisdiction; and 4. The designation of BMS as an enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area in which the enterprise project will be located; and 5. BMS qualifies for job retention benefits under Section 2303.406(a)(4)(D) because BMS expects a ten (10%) percent increase in production capacity. Section 3: BMS qualifies as a Triple Jumbo Enterprise Project as defined in Section 2303.407(b)(6) and Section 2303.407(d) of the Act because BMS will be making a capital investment in the proposed project in excess of$250,000,000. The City finds that it is in the best interest of the City to nominate BMS as a Triple Jumbo Enterprise Project under the Act. Section 4: The City nominates BMS as a Triple Jumbo Enterprise Project under the Act. The City authorizes the Mayor or his designee to file an application requesting designation of BMS as a Triple Jumbo Enterprise Project with the Texas Economic Development Bank, and to execute all documents and agreements necessary to process the application. Further, the City directs the Mayor or his designee to submit to the Texas Economic Development Bank the information required by Section 2303.4052 of the Act. Section 5: The City finds that BMS meets the criteria for tax relief and other incentives adopted by the City; and will retain the level of employment, and increase economic activity and stability. As required by Section 2303.4051(c)(2) of the Act, the City's local incentives, 2 88 including tax incentives, that, at the election of the City Council, are or will be made available to BMS, the nominated project, are identified and summarized briefly in Ordinance No.9718. Such local incentives which will be made available to BMS will be the same as those made available to the project or activity that was the subject of Ordinance No. 9718. Section 6: Upon approval of the Texas Economic Development Bank, the Triple Jumbo Enterprise Project will be named Bayer MaterialScience LLC Project. Section 7: The Enterprise Project designation must be for a predetermined designation period approved by the Bank, with a beginning date and ending date for the Project; and the designation period for the Project may not exceed five (5) years from date on which the designation is made, as required by Section 2303.404 of the Act. BMS and the City request that the Bank approve December 1, 2004, as the beginning date and December 1, 2009, as the ending date of the Project. Section 8: The Baytown areas meeting the 2003 Requirements for Texas Enterprise Zone (Sections 2303.101 and 2303.109) are attached as Exhibit "A," and incorporated herein for all intents and purposes. Section 9: That the City Clerk is directed to deliver a certified copy of this Resolution to BMS. Section 10: 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 261h day of October, 2004. �t CALVIN MUNDINGER, Mayor ATTEST: G R W. SMI d, City Clerk APPROVED AS TO FORM: f NACIO RAMIREZ, S .., City Attorney 3 Exhibit A Baytown Areas meeting the 2003 Requirements for Texas Enterprise Zone (Sections 2303.101 and 2303.109) BLOCKENSUS TRACT ' • DESIGNATION 2530 1 Census Block Group with 20%poverty or greater 2535 3 Census Block Group with 20%poverty or greater 2536 4 Census Block Group with 20%poverty or greater 2538 1 Census Block Group with 20% poverty or greater 2538 4 Census Block Group with 20% poverty or greater 2541 1 Census Block Group with 20%poverty or greater 2541 4 Census Block Group with 20%poverty or greater 2542 3 Census Block Group with 20%poverty or greater 2543 3 Census Block Group with 20% poverty or greater 2544 2 Census Block Group with 20% poverty or greater 2544 3 Census Block Group with 20% poverty or greater 2544 4 Census Block Group with 20% poverty or greater 2544 5 Census Block Group with 20%poverty or greater 2545 1 Census Block Group with 20%poverty or greater 2545 2 Census Block Group with 20% poverty or greater 2545 3 Census Block Group with 20% poverty or greater 2546 1 Census Block Group with 20% poverty or greater 2546 2 Census Block Group with 20% poverty or greater 2546 3 Census Block Group with 20%poverty or greater Exhibit"A,"Page Solo