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Home My WebLink AboutRES 09-031 RESOLUTION NO. 09-031 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Neighborhood Empowerment Zone Tax Abatement Agreement with Paul and Dana David offering economic incentives in exchange for the construction of a single-family home with a value of$50,000 or greater at 3960 Estelle within Neighborhood Empowerment Zone #2. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of January, 2009. i �111 1 111 - Mayor Becky Ames - ... ;X 4 111 11 Ao STATE OF TEXAS COUNTY OF JEFFERSON AGREEMENT This Agreement is entered into by and between the City of Beaumont, Texas, a home-rule city and municipal corporation of Jefferson County, Texas, acting herein by and through its City Manager, hereinafter referred to as"City"; and Paul and Dana David of 8112 Lemon Tree, Port Arthur, Texas, hereinafter referred to as"Owner". WITNESSETH: On the twenty-ninth(29P) day of July, 2008, the City Council of the City of Beaumont, Texas, passed Ordinance No. 08-062, establishing Empowerment Zone No. Two, City of Beaumont, Texas, for residential and commercial tax abatement, hereinafter referred to as"Ordinance", as authorized by Vernon's Texas Civil Statutes Tax Code, Section 312.001 and Chapter 378 of the Texas Local Government Code, et seq, as amended, hereinafter referred to as"Statute". WHEREAS, in order to maintain and/or enhance the local economy and provide quality, affordable housing, in accordance with said Ordinance and Statute,the parties hereto do mutually agree as follows: 1. The property to be the subject of this Agreement shall be Lots four(4) and five (5), Block twenty-four(24), West Oakland Subdivision and shall hereinafter be referred to as"Premises". 2. The owner shall cause to be constructed a single-family dwelling, the improvement value being $50,000 or greater and shall be completed not later than July 1, 2009. 3. The Owner agrees to pursue these improvements as good and valuable consideration of this Agreement. 4. In the event that the improvements for which an abatement has been granted are not completed in accordance with this Agreement,then this Agreement shall be EXHIBIT "A" subject to termination and all delinquent taxes and taxes which otherwise would have been paid to the City without the benefit of abatement will become a-debt to the City and shall be due, owing and paid to the City within sixty(60) days of any such event. In the event that the Owner defaults in the terms and conditions of this Agreement, the City shall give the Owner written notice of such default and if the Owner has not cured such default within thirty(30) days of said written notice,this Agreement may be terminated `by the City. Notices shall be in writing and shall be delivered by personal delivery or certified mail addressed as follows: Paul and Dana David 3960 Estelle Street Beaumont, TX 77705 5. The terms and conditions of this Agreement are binding upon the successors and assigns of all parties hereto. This Agreement cannot be assigned by Owner unless written permission is first granted by the City, which permission shall be in the sole discretion of the City. 6. The Owner agrees to hold the City harmless from any and all kinds of claims, losses, damages, injuries, suits or judgments involving the City and relating to such improvements. 7. The City shall have reasonable right to inspect the Premises during regular daylight hours to ensure that the improvements are made according to the terms of this Agreement. 8. Subject to the terms and conditions of this Agreement, all increases in ad valorem real property taxes resulting from the improvement of these Premises, otherwise owed to the City, are hereby abated in their entirety for a period of three(3)year beginning January 1, 2010. 9. This Agreement was authorized by resolution of the City Council at its meeting on the Twenty-Seventh(27h) day.of January, 2009, authorizing the City Manager to execute the Agreement on behalf of the City. 10. This Agreement was authorized by the Owners on the day of 2009. 11. This shall constitute a valid and binding agreement between the City and the Owners when executed on behalf of said parties, for the abatement of City ad valorem taxes in accordance therewith. The Agreement is performable in Jefferson County, Texas, witness our hands This day of , CITY OF BEAUMONT By: Kyle Hayes City Manager ATTEST: Tina Broussard City Clerk OWNERS By: Paul David By: Dana David ATTEST: