HomeMy WebLinkAboutRES 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.
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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: