Ordinance No. 12,319ORDINANCE NO. 12,319
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE OVERPAYMENT OF LOCAL TAX RESOLUTION
AGREEMENT WITH EXXON MOBIL CORPORATION; AUTHORIZING
PAYMENT TO EXXON MOBIL CORPORATION IN THE AMOUNT OF ONE
MILLION TWO HUNDRED THOUSAND AND NO/100 DOLLARS (SI,200,000.00),
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 the Overpayment of Local Tax Resolution Agreement Nvith Exxon Mobil
Corporation. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein for all
intents and purposes.
Section 2: That the City COL11161 of the City of Baytown authorizes payment to Exon Mobil
Corporation in the amount of ONE MILLION TWO HUNDRED THOUSAND AND NO/100
DOLLARS ($1,200,000.00) in accordance with the agreement authorized in Section I hereinabove.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City oi' Baytown.
INTRODUCED, READ and PASSED by the affirmative vote
Baytown this the 22nd day of August, 2013.
ATT T:
t
IE LFICIA B�RYSCH, Ci
APPROVED AS TO FORM:
4ACIO RAMIREZ, SR., CifyAttorney
S
the City Council of the City of
DONCARLOS,
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This Overpayment of Local Tax Resolution Agreement ("Agreement") is made between Exxon Mobil
Corporation (the "Taxpayer") and the City of Baytown (the "City"). The Taxpayer and the City are
hereinafter collectively referred no as the °Parties." The Taxpayer holds a Direct Payment Permit to self-
assess State and Local Sales and Use Tax under Chapter 15I of the Texas Tax Code, and its Taxpayer
Identification Number is .
The Taxpayer and the City have developed a mutually agreeable $1.2K4 refund resolution covering the
over-remittance of sales and use tax to the City, the Baytown k4on[dpai Development District the
Baytown Crime Control and Prevention District and the Baytown Fire Control, Prevention and
Emergency Medical Services District (the "Baytown Local Tax") for the period of January 1, 2010^
through August 31, I012, concerning the operations of the Taxpayers Baytown Olefins Plant. This
mutual agreement relates only to the population of documents listed in Attachment A^ which includes
all documents pertaining to the overpayments for such plant during the aforementioned period. The
Taxpayer and the City agree that the City will pay Taxpayer the agreed to refund of $1.2M by September
3O,2013.
The Parties hereby affirm the resolution of the overpayment of Baytown Local Tax onthe population of
documents listed on Attachment A for the period ofJanuary 1, 2010, through August 31, I022, and do
state fully that each Party understands and agrees with the methodology used to audit and compute the
Baytown Local Tau refund related to the aforementioned population, which includes all documents
pertaining to the overpayments for the Taxpayer's Baytown Olefins Plant for such period.
In regards tmthe population of documents listed on Attachment A, the Taxpayer hereby: (l) waives its
right to 0e any appeal provided in the Texas Tax Code or Chapter 2801 of the Texas Government Code;
(2) agrees not to pursue any refund or hearing, or file a lawsuit or pursue any claim or causes for action,
even if the claim or contention has not been addressed, and (3) releases the City, the Baytown Municipal
Development District, the Baytown Crime Control and Prevention District and the Baytown Fire Control,
Prevention and Emergency Medical Services District from and against any liability and claims that have
arisen or could arise regarding any overpayment of the Baytown Local Tax for the population of
documents listed ou Attachment A.
Each Party acknowledges that bhas carefully read this Agreement. The Agreement constitutes the full
and complete Agreement and understanding between the Parties for any owe/payment of the Baytown
Local Tax prior to the effective date hereof.
The Parties further agree that this Agreement is intended to benefit the following non-incidental
beneOdades: the Baytown Municipal Development District, the Baytown Crime Control and Prevention
District and the Baytown Fire Control, Prevention and Emergency Medical Services District, and each
may enforce its terms in a court of competent jurisdiction.
For this Agreement to be valid the Agreement must be signed by each Party.
City of Baytown Exxon Mobil Corporation
Title:
Title:
lJOY-Ti I
. I a . . 0 1. Mr." MINMIMMOT", AMOMORM I
The Baytown Municipal Development District hereby accepts the benefits due to it under the
terms of that this Agreement between the Taxpayer and the City.
Baytown Municipal Development District
W
Title:
FIFF
The Baytown Crime Control and Prevention District hereby accepts the benefits due to it under
the terms of that this Agreement between the Taxpayer and the City.
zm���
M
Title:
Fe M.-
Acceptance by Third-Party Beneficiary — Baytown Fire Control, Prevention and Emergency Medical
Services District
The Baytown Fire Control, Prevention and Emergency Medical Services District hereby accepts
the benefits due to it under the terms of that this Agreement between the Taxpayer and the City.
Baytown Fire Control, Prevention and
Emergency Medical Services District
BY:
Title:
Date: