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<br />AGREEMENT BETWEEN THE LA PORTE DEVELPOMENT COPRPORA TION, <br />THE CITY OF LA PORTE, TEXAS AND WESMOR CRYOGENIC <br />MANUFACTURING, LTD. FOR USE OF 4B SALES TAX FUNDS <br /> <br />THIS A$3REEMENT made by and entered into this IJ-+ day of <br />~, 2007 between the La Porte Economic Development <br />Corporation, a non-profit corporation organized under the laws of the State of <br />Texas, hereinafter "LPEDC", the City of La Porte, Texas, a Texas home-rule <br />municipal corporation hereinafter referred to as "City", and WesMor Cryogenic <br />Manufacturing, LTD., hereinafter referred to as "Recipient". <br /> <br />WITNESSETH: <br /> <br />WHEREAS, the voters of the City of La Porte authorized the levying of <br />additional sales tax within the City, and the creation of an economic development <br />corporation and pursuant to the provisions of Texas Revised Civil Statutes Anno. <br />Art. 5190.6 Section 48, et seq., may use such tax revenues for certain economic <br />development purposes; and <br /> <br />WHEREAS, Recipient wishes to expand its current business operation in <br />La Porte, Texas by opening and operating a cryogenic tank and vessel <br />manufacturing facility, and which after five (5) years is anticipated to employ up <br />to 70 additional personnel and to generate cumulative gross sales in excess of <br />$32,640,000.00; and <br /> <br />WHEREAS, Recipient has requested that LPEDC provide financial <br />incentives to promote the expansion of its La Porte operations in an amount to <br />cover or subsidize certain infrastructure costs, including streets and roads, water, <br />electric, and gas utilities, drainage and related improvements, <br />telecommunications, associated acquisition costs, and any other purposes <br />authorized by Texas Revised Civil Statutes Anno. Art. 5190.6, Section 48, et <br />seq., and it is the desire of LPEDC to assist in the funding of same, finding that <br />such expenditures will contribute to promoting economic growth and <br />development in the City; and <br /> <br />WHEREAS, Texas law and the by-laws of the LPEDC require that certain <br />expenditures and projects by Section 48 corporations be approved by the <br />governing body of the City; and <br /> <br />WHEREAS, the LPEDC 80ard and the La Porte City Council have each <br />duly approved such project and expenditures; <br /> <br />NOW THEREFORE, in consideration of the covenants and conditions <br />stated herein, and in consideration of the mutual benefits that will accrue to each <br />of the parties hereof, as well as to the citizens of the City of La Porte, Texas, the <br />parties have agreed and do hereby agree as follows: <br /> <br />1 <br />