O-2010-3245 adopting new Guidelines and Criteria Governing Tax Abatement Agreements

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shall provide that the assignee shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the same terms and conditions as set out in the agreement. Any assignment of a tax abatement agreement shall be to an entity that continues the same improvements or repairs to the property (except to the extent such improvements or repairs have been completed), and continues the same use of the facility as stated in the original Tax Abatement Agreement with the initial applicant. No assignment shall be approved if the assignor or the assignee is indebted to the City for past due ad valorem taxes or other obligations. Section 66-149. SUNSET PROVISION (a) These Guidelines and Criteria are effective, and will remain in force until , at which time all tax abatement contracts created pursuant to these provisions will be reviewed by the City to determine whether the goals have been achieved. Based on that review, the Guidelines and Criteria will be modified, renewed, or eliminated. (b) This policy is mutually exclusive of existing Industrial District Contracts and owners of real property in areas deserving of special attention as agreed by the affected jurisdictions. Section 66-150. LIMITATIONS The adoption of the guidelines and criteria by the city council of the City of La Porte does not: (1) Limit the discretion of the city council of the City of La Porte to decide whether to enter into a specific tax abatement agreement; (2) Limit the discretion of the city council of the City of La Porte to delegate to its employees the authority to determine whether or not the governing body should consider a particular application or request for tax abatement; or (3) Create any property, contract, or other legal right in any person to have the city council of the City of La Porte consider or grant a specific application or request for tax abatement. Section 66-151. NONAPPLICABLE AREAS; EXCEPTION The city council of the City of La Porte hereby establishes the policy of the City of La Porte, that tax abatement agreement applications will not be accepted for areas within any existing Industrial District or Tax Increment Reinvestment Zone of the City of La Porte or any Industrial District or Tax Increment Reinvestment Zone, which may be created. However, as to any portion of such areas which are not within the corporate limits of the City of La Porte, Harris County Commissioners Court may establish tax abatement agreements for the benefit of itself, and taxing units other than the City of La Porte having jurisdiction over said area." -13-