Ordinance No. 15,027 ORDINANCE NO. 15,027
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO THE FIRST AMENDMENT TO THE
INDUSTRIAL DISTRICT AGREEMENT WITH PLASTIC EXPRESS; 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 and
directs the Mayor and City Clerk of the City of Baytown to execute and attest to the First
Amendment to the Industrial District Agreement with Plastic Express. A copy of said Amendment
is attached hereto, marked Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: 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 of the City Council of the
City of Baytown, this the 27" day of January, 2022.
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ND CAPETILLO, yor
ATTEST: - -
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AN ELA CKSON, Cit" 'C rk
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APPROVED AS TO FORM: p
TFtLVOR FANNING, Interim City Attorney
RAKaren Anderson\ORDINANCES1202212022,01.27\FirstAmended[DAwit"P]asticExpress.docx
EXHIBIT "A"
First Amendment
to the
Industrial District Agreement
Between
Plastic Express and
The City of Baytown
This First Amendment(the"First Amendment")to the Industrial District Agreement which was
executed on the 151t'day of October, 2021 ("Agreement"), is made and entered into between the City of
Baytown,Texas,a municipal corporation in Harris and Chambers Counties,Texas,hereinafter also referred
to as "Baytown"or"City,"and Plastic Express,a Nevada corporation hereinafter referred to as "Property
Owner." In consideration of the promises and of the mutual covenants and agreements herein contained,
it is agreed by and between the City and Property Owner as follows:
I.
Unless a different meaning clearly appears from the context,words and phrases as used in this First
Amendment shall have the same meanings as in the Agreement.
[I.
Article V"Industrial District Payment, Subsection A"Base Value Industrial District Payment" of
the Agreement is hereby amended to read as follows:
V.
Industrial District Payment
As part of the consideration for the City's undertakings as set forth above, the
Property Owner agrees to pay to the City on or before December 31 S'of each year during
the term hereof a sum of money equal to: the Base Value Industrial District Payment plus
the Added Value Industrial District Payment. The sum of the Base Value Industrial District
Payment plus the Added Value Industrial District Payment shall be referred to as the
Industrial District Payment.
A.
Base Value Industrial District Payment
The Base Value Industrial District Payment shall be calculated as follows:
(1) the fair market value as agreed to and stipulated by the parties to be as
follows for each year indicated:
2021 S 10,500,000
2022 S8210001,000
First Amendment,Page 1
2023 S821,000,000
2024 S82,000,000
2025 S82,000,000
2026 S82,000,000
2027 582,000,000
hereinafter referred to as the"Base Value,"multiplied by
(2) the property tax rate per $100.00 of assessed valuation adopted by the
City Council for the City, multiplied by the applicable Yearly Payment
Rate as detailed below:
YEARLY
TAX YEAR PAYWMM
RATE
2021 .66
2022 .66
2023 .66
2024 .66
2025 .66
2026 .66
F-2-0 27 .66
plus
(3) the value of the situs inventory, which is the personal property and
inventory stored or held on or within the affected property which is not
owned by the Property Owner, as assessed each year by the Chambers
County Appraisal District,multiplied by
(4) the property tax rate per $100.00 of assessed valuation adopted by the
City Council for the City, multiplied by 0.50, and multiplied by the
applicable Yearly Payment Rate as detailed below:
YEARLY
TAX YEAR PAY11+1 M
RATE
2021 .66
2022 .66
2023 .66
2024 .66
2025 .66
2026 .66
First Amcndmcnt,Pagc 2
YEARLY
TAX YEAR PAYMENT
RATE
2027 .66
On or before February II'of each contract year during the tern of this Agreement,
the Property Owner shall file separate written information reports with the City's Director
of Finance stating the name and address of each person to whom the Property Owner leased
or otherwise provided storage space on
(1) January P'of the current contract year and
(2) September 1�of the preceding year.
Additionally,if the Property Owner on or before July I u of each year certifies under
oath that the Property Owner has required the owner of the situs property to make the
payment to the City for that portion of the Base Value Industrial District Payment calculated
pursuant to subsections(3)and(4)of this Subsection A, the City shall invoice such owner
for that amount. However, nothing herein shall be construed so as to relieve the Property
Owner from making the full Industrial District Payment on or before December 315,of each
year should the owner of the sites property fail to timely pay that portion of the Base Value
Industrial District Payment calculated pursuant to subsections(3)and(4)of this Subsection
A.
tll.
The provisions of this First Amendment and the provisions of the Agreement should be read
together and construed as one (1) agreement provided that, in the event of any conflict or inconsistency
between the provisions of this First Amendment and the provisions of the Agreement,the provisions of this
First Amendment shall control.
IV.
This First Amendment along with the Agreement shall in all respects be interpreted and construed
in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of
its execution or performance. The place of making and the place of performance for all purposes shall be
Baytown, Harris County,Texas.
V.
The officers executing this First Amendment on behalf of the parties hereby represent that such
officers have full authority to execute this Amendment and to bind the party he/she represents.
Pint Amendment,Page 3
IN WITNESS EREOF, this Agreement is executed in multiple counterparts on behalf of the
Property Owner this ay of�a8eee Jot and on behalf of the City this�t�day of January,2022.
►P�/ �p PLASTIC EXP
By:
�CEn;ti �t�nrLPs�,J
Printed Name
CN(EPalf1fUAtJ':E- OFf-icek
Title
STATE OF
COUNTY OF
r/� c Q
Before me, Y ll `— lithe and i e notary public, on this
da% personally appeared A .- the of Plastic
Express,the owner of the a fected property,known to m b to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the purposes, in the capacity,
and for the consideration therein expressed.
SUBSCRIBED AND SWORN before me this15 day of
VERONICA LAWRENCE
ren_Notary Public, Stale of Texas Notary P t n tor the to o
r.-' Comm. Expires 06-08.2022
Notary ID 131598403
CITY OF BAYTOWN
BRANDON CAPETILLO,Mayor
ATTEST:
ANGELA JACKSON,City Clerk
APPROVED AS TO FORM:
TREVOR FANNING, lntorim City Attorney
VICTOR BROWNLEES, Finance Director
RVWmHorcJlM,unrnu Fika`Canvecu'lxiuviai 1).b:..�Frcmm.,iUlli Fxpm14im AmnM: l m PLviic Ezpe..IDA 2021 doer
First Amendment.Page 4