HomeMy WebLinkAboutO-1999-2259
ORDINANCE NO. 98-2259
De.I~I~ Uu -ro~ r::JLG"
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AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL, INC.,
WITHIN THE SOUTH LA PORTE INDUSTRIAL DISTRICT FOR THE TERM
COKNENCING JANUARY 1, 1999, AND ENDING DECEMBER 31, 2009.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1 D
The City Council hereby finds, determines and
declares that BAY SHORE INDUSTRIAL, INC. has executed an industrial
district agreement with the City of La Porte for the term
commencing January 1, 1999, and ending December 31, 2009, a copy of
proposed industrial district agreement being attached hereto,
incorporated by reference herein, and made a part hereof for all
purposes.
section 2 0
The Mayor, the ci ty Manager, and the ci ty
Secretary of the City of La Porte, Texas, be, and they are hereby,
authorized and empowered to execute and deliver on behalf of the
City of La Porte, Texas, the industrial district agreement with the
corporation named in Section 1 hereof, a copy of which is attached
hereto.
Section 3.
The City Council Officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
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ORDINANCE NO. 98-2259
PAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of May, 1999.
By:
CITY OF LA PORTE
~::~#/-c/~
Mayor
ATTEST:
'1JJ/~l4.a . )/JJi.dJ
a t a A. Gillett
City Secretary
APPR~
Knox W. Askins
City Attorney
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NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER
THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, ET. SEQ.,
REVISED CIVIL STATUTES OF TEXAS.
STATE OF TEXAS
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COpy
COUNTY OF HARRIS
CITY OF LA PORTE
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and BAY SHORE INDUSTRIAL, INC., a
Texas corporation, hereinafter called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the e~tablished policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, Company is the owner of a certain tract(s) of land
more particularly described in the Deed Records of Harris County,
Texas, in the following Volume and Page references, to-wit:
six tracts of land, as described on Exhibit "A"
hereto. This agreement shall be subject
additional restrictions contained in Exhibit "B"
hereto.
attached
to the
attached
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial
plant(s); and
WHEREAS, pursuant to its policy, City has enacted Ordinances
No. 1789 and No. 98-2258, designating a portion of the area located
in its extraterritorial jurisdiction as the "South La Porte
Industrial District", hereinafter called "District", such
Ordinances being in compliance with Section 42.044, Texas Local
Government Code; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said District and for such purpose desires
to enter into this Agreement with Company pursuant to Ordinance
adopted by the city Council of said City and recorded in the
official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with e~~h other as follows:
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1.
A. City covenants, agrees and guarantees that during the term of
this Agreement, provided below, and subj ect to the terms and
provisions of this Agreement, said District shall continue and
retain its extraterritorial status as an industrial district, at
least to the extent that the same covers the land described above
and belonging to Company and its assigns, unless and until the
status of said land, or a portion or portions thereof, as an
industrial district may be changed pursuant to the terms of this
Agreement. Subject to the foregoing and to the later provisions of
this Agreement, City does further covenant, agree and guarantee
that such industrial district, to the extent that it covers said
land lying within said District and not now within the corporate
limits of City, or to be disanne~ed from the corporate limits of
City, shall be immune from annexation by City during the term
hereof (except as hereinafter provided) and shall have no right to
have extended to it any services by City, and that said land shall
not have extended to it by ordinance any rules and regulations (a)
governing plats and subdivisions of land, (b) prescribing any
building, electrical, plumbing or inspection code or codes, or (c)
attempting to exercise in any manner whatever control over the
conduct of business thereon; provided, however, it is agreed that
City shall have the right to institute or intervene in any
proceeding authorized by the Texas Water Code, the Texas Clean Air
Act, the Texas Health & Safety Code, to the same extent and to the
same intent and effect as if all land covered by this Agreement
were located within the corporate limits of City and not subject to
the Agreement.
B. Company agrees that it will not, during the term of this
Agreement, use or seek legislative or regulatory approval to use,
nor allow any other person to use or seek legislative or regulatory
approval to use, any portion of the tract(s) of land described
above as any part of a commercial hazardous waste management
facility, as defined in Chapter 296, Acts of the 72nd Legislature
(1991). Company further agrees that it will, within thirty days
after execution of this Agreement, place a deed restriction on the
tract(s) of land described above prohibiting the use of any portion
of such tract(s) as any part of a commercial hazardous waste
management facility. Company hereby agrees that in any suit by
City for breach of any provision of this paragraph, City may seek
and, should it prevail it shall be entitled to, specific
performance of this provision of this paragraph.
II.
A. On or before April 15, 1999, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2009,
Company shall provide City with a written description of its land
and all improvements and tangible personal property located on the
land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
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form, or similar form. The properties which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1 and 2 of subsection D, of this
Paragraph II (sometimes collectively called the "Property"). A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 1999, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2009, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. (a) One Hundred percent (100%) of the amount of ad
valorem taxes which would be payable to City if all
of the Company's land and improvements which
existed on January 1, 1999, had been within the
corporate limits of City and appraised each year by
City's independent appraiser; and
(b) Fifty percent (50%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's land and improvements which are added
after January 1, 1999, had been within the
corporate limits of City and appraised each year by
City's independent appraiser; and
2. (a) One Hundred percent (100%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company's tangible personal property of
every description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the land, which
existed on January 1, 1999, had been within the
corporate limits of City and appraised each year by
the City's independent appraiser;
(b) Fifty percent (50%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
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inventory, oil, gas, and mineral 'interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the land, which are
added after January 1, 1999, had been within the
corporate limits of City and appraised each year by
the City's independent appraiser.
III.
This Agreement shall extend for a period beginning on the 1st day
of January, 1999, and continue thereafter until December 31, 2009,
unless extended for an additional period or periods of time upon
mutual consent of Company and City as provided by Section 42.044,
Texas Local Government Code; provided, however, that in the event
this Agreement is not so extended for an additional period or
periods of time on or before June 30, 2009, the agreement of City
not to annex property of Company within the District shall
terminate. In that event, City shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and
provisions of this Agreement, and in such event Company agrees that
if the Texas Municipal Act, as amended after January 1, 1980, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to the Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed on January 1, 1980.
IV.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/ or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part. In
this connection, city hereby expresses its belief that industrial
district agreements of the kind made herein are conducive to the
development of existing and future industry and are to the best
interest of all citizens of City and encourage future City Councils
to enter into future industrial district agreements and to extend
for additional periods permitted by law this Industrial District
Agreement upon request of Company or its assigns; provided,
however, that nothing herein contained shall be deemed to obligate
either party hereto to agree to an extension of this Agreement.
V.
Company agrees to pay all "in lieu of taxes" payments hereunder, to
City on or before December 31 of each year during the term hereof.
It is agreed that presently the ratio of ad valorem tax assessment
used by the City is one hundred percent (100%) of the fair market
value of property. Any change in such ratio used by City shall be
reflected in any subsequent computations hereunder. This Agreement
shall be subject to all provisions of law relating to determination
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of value of land; improvements, and tangible personal property, for
tax purposes (e.g., rendition, assessments, Harris County Appraisal
District review and appeal procedures, court appeals, etc.) for
purposes of fixing and determining the amount of ad valorem tax
payments, and the amount of "in lieu of tax" payments hereunder,
except as otherwise provided in Article VI hereof.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding any such protest by Company, Company agrees to pay
to City on or before the date therefor hereinabove provided, the
total amount of the "in lieu of taxes" on the unannexed portions of
Company I s hereinabove described property which would be due by
Company to City in accoraance with the foregoing provisions of this
Agreement on the basis of renditions which shall be filed by
Company on or before March 31 of each year during the term of this
Agreement, with both the City and Harris County Appraisal District
for that year.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City (which shall be given in
writing to Company), Company shall, within twenty (20) days of
receiving such copy, give written notice to the City of such
disagreement. In the event Company does not give such written
notice of disagreement within such time period, the appraisal made
by said independent appraiser shall be final and controlling for
purposes of the determination of "in lieu of taxes" payments to be
made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the city with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by city,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI(B). Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
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or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the U.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding, in accordance
with the rules and regulations of the American
Arbitration Association. The sole issue to be determined
in the arbitration shall be resolution of the difference
between the parties as to the fair market value of
Company's property for calculation of the "in lieu"
payment and total payment hereunder for the year in
question. The Board shall hear and consider all relevant
and material evidence on that issue including expert
opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject to judicial
review as may be available under the Texas General
Arbitration Act (Articles 224-238, Vernon's Annotated
Revised civil Statutes of Texas). Costs of the
arbitration shall be shared equally by the Company and
the city, provided that each party shall bear its own
attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company I s successors and assigns,
affiliates and subsidiaries, and, with prior written consent of
City, which consent shall not be unreasonably withheld, shall
remain in force whether Company sells, assigns, or in any other
manner disposes of, either voluntarily or by operation of law, all
or any part of the property belonging to it within the territory
hereinabove described, and the agreements herein contained shall be
held to be covenants running with the land owned by Company
situated within said territory, for so long as this Agreement or
any extension thereof remains in force.
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IX.
In the event anyone or more words, phrases, clauses, sentences,
paragraphs, sections, articles or other parts of this Agreement or
the application thereof to any person, firm, corporation or
circumstances shall be held by any court of competent jurisdiction
to be invalid or unconstitutional for any reason, then the
application, invalidity or unconstitutionality of such words,
phrase, clause, sentence, paragraph, section, article or other part
of the Agreement shall be deemed to be independent of and separable
from the remainder of this Agreement and the validity of the
remaining parts of this Agreement shall not be affected thereby.
X.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said land shall terminate.
:A~ mw /Cj1'1 j
ENTERED INTO effective the ~ day of DedemLel, ~.
By:
BAY SHORE INDUSTRIAL,
~~L,~ -
S.E. Barkmann
General Manager
1300 McCabe Road
La Porte, Texas 77571
INC.
--
ATTEST:
~ ':dell'). l1-lM
a ~a A. Gillett
City Secretary
1\P.p~ BY COUNJA#
<xl a! ~'Y\
K ox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
~ OF LA PORTE
By: V----
orma~lone
Mayor
BY:~T, ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (713) 471-1886
Fax: (711) 471-2047
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^ tract or J"UCel of httJd contam1ng .t.D69 ~ ~ tJt ~ md of tlte W. P.
I bttti~ Sutvey. ^ bsr.mct "0.. :30, hi Hana ~, TeM!, sNd ",069 ~ belnl
more ~nicuJarly dcschlrd by flle!t! and ~ as JbD~
^ tn.c1 of lnnd out of the W. P. 1Jauis~, ^h90td. 30, 'J3Dh Count)', T~,
~d f11I(.t ~\ng eM at two f'lIceb of IRDd ~""J!d to ~tJb R~lt1 9des
Compmy. oue of $UCb ~q beina a 62.S12-tgete ~ ~ In the ~
recorded In Volume 4~98. PRR~ 7OS,of the Deed Re6nd3 or HInl.. Coun'1.
Teu.!. to whld1 m'tn!.nee i~ here In!de Ibr &D PJ~. end tlllI JeCudd ~
b!ing I ~2.4-ecre met desen'bed in that Deed ~dt.d In Volume 4499, h", US,
of [be Deed Recal&t of Harm (bmty. Te.us. to l'biclt ~reted~ Is h= made for
all P~. and the tnJd toftve~ hen!in being mare Jl8JtIcuJuly ~ lIS
follows: .
~ ginning ar a OM-Inch Inm pipe mark;nl the south~ C'OO!er of the Sftfd
62,S1 '--Acre trBd. 88id '-Um~r bmg in the C!St tfgbl-of'......, of lite 011 & SA
RalIroad.
,
llmNCB N. 70 18" 32- W. with talJd ea~ Jlghl-of-my. at 502.83 r~ "''IS II
tJuee-lnch Inm rire far ~ non.bw~ totner of the Sttfd 62..512 ftCfe-thC'l and the
routhw~~ eomer of the 52.4-a.c:re tm~ In RD'604.92 redia an bon .rod for the
nonhwe:5t comer of the bnet being desr:tlbed;
1 HENCB ~. 890 5~ 4~. E.. 390.86 feer to an iron rod for Ute northeast comer or
thr . .,ct being desaibed;
nIENC2 s. to" <<' 58- \V. 610.69 red (0 an Iron IUd ror the ~~ come!' af
the tract belnR dcsaibed, said eotntt being In the south llne of the Sl!id
62.j 12-Bcm tract;
TIJENCE N. 89" 59' 45" W. with said line! clliJfance of 200.0 fed. '0 the place
of beginning and containing 4.069 Beres of l8J1d.
EXHIBIT "A"
Ordinance No. 98-2259
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EXIIIBIT nAn
INDUSTRIAL DISTRICT AGREEMENT
WITH BAYSHORE INDUSTRIAL, INC.
All that certain tract or parcel of lan'd, consisting of 32.9112 acres In the W.P.
IIarris Survey, A-30, Ifarrls County, Texas:
BEGINNING AT THE intersection of the south right-of-way line of McCabe Road
and the west right-of-way line of State lIighway 146;
THENCE In a southerly direction coincident with the west right-of-way 1 ine
State IIighway 146 to its Intersection with the north boundary of the
former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre
tract; .
TIIENCE northerly and westerly co Inc Ident with the eas tern and northern
boundaries of the former Bayshore Municipal District Sewage Disposal
Plant a 4.069 acre tract to its Intersection with the east rlght-
of-way of the G.H.& S.A. Railroad;
Tl/ENtE northerly coincident with the east right-of-way 1 ine of G.II, & S,A.
Railroad to Its Intersection with the westerly projection of the
south right-of-way of McCabe Road;
THENCE easterly along the south right-of-way line of McCabe Road to the
POINT OF BEGINNING, said tract being 32.9112 acres.
Said 32.9112 acres being more particularly described in Exhibit nAn, Tract I,
Tract 2, and Tract 3 Bayshore Industrial, Inc.
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EXIIIDI'r "An
'fIlAC'l' 1
I)AY9nORB lunn9'l'RIAr., me,
Delng 14.6253 acres of land out of the C,l", McCabe 20 acre tract In
the N.P. narris Survey, Abstract No. 30, narris County, 'felCaa, aald
tract being described as follows. Bearings are based on Uorth 01.
35' 20" West as per record descrIption.
I3ROHItUNG al: a poInt on the""esl:erly rlghl:-of-way line of ce-.located
Sl:ate nlghway No, 146, where samB Intersects the South rlght:-of-way
line of McCabe Road (00 feet wide) said point being marked by a 4 N
4 concrete r Ight-of-\Iay marker (top now broken off) for the
Northeast corner of the herein described tract,
'I'IIEHCE SOllth 23. "0' 36" Hest, with the Hestedy line of said State
Illghway 146, a distance of 507.27 feet to a .. IC 4 concrete rlght-of-
way marker for corner, saId point being the tlortheast corner of a
called 18.4205 acre tract now or formerly OWIllH' by tho Carla
Company, et ai,
'l'IIImCE Soul:h 00. 23' 39ft Nest, along the North line of said 10,4205
acre tracl: and generally along a fence (as shown on survey map) at
250,40 feel: passing ths cenl:er line of lIarrls County Flood Control
Easement tlo. 1\104-09-00, at 710.25 feel: and 0.32 feet Bouth passing
a 2 Inch pipe, al: 1009.00 feet passing a 1/2 Inc:h Iron pips on lInl!
an~ continuing In all 1040.61 feet to an Iron "T" rail fence post
eel: In concrete (found broken off level with the ground and leanlng-
reset) for corner, said point hl!lng In the l~a8t c1ght-of-\lay llne of
the Southern Pac If 10 nail road 100 foot r 19I1t-of-\lay (based on the
contec line location o~ tracts),
'l'IIlmCI~ '~orth 01a 35' 20" Wesl:, along th!! l~aBt line of said ralhoad,
530.60 feet to a S/R IlIch Iron rod set for CDrller hOln whlch'a 3/4
Inch Iron pille Is found 1.60 feel: Soul:h and 1.10 feet East, said
(lolnt beln'.) In the 90ul:h line of said McCabe !load,
'I'''I~NCI~ 1I0rlh ona 35' 30" '~aBI:, aloll9 tho South lIlIe of HcCahe Rood
and generally parallel to and 1.nO feet tlorl:h of a fence at 31.U1
feet and 2.50 feet Soul:h passing a 3/4 Inch Iron pipe at 103.10 feet
pasalng the center line of said rlraln easemel.t and continuIng In all
1347.51 feel: to the PLAC~ OF BEG1NNIHQ and containing wltl.ln these
c a I I s ,... 6253 a c res D f 1 a lid .
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:,I^ Y :1 J!.IUD
.
EXH:IB:IT "B"
e
:INDUSTR:IAL D:ISTR:ICT AGREEMENT
BETWEEN THE C:ITY OF LA PORTE AND
BAYSBORB INDUSTRIAL, INC.
Company agrees that it will not, during the term of this
Agreement, use the tract(s) of land described in Exhibit "A" to this
Agreement, for any purpose other than the purpose for which said
tract(s) of land are being used on the date of execution hereof,
which is a blending, mixing and plastics processing operation.
Company's raw materials are plastic pellets from major American
producers and mostly food grade additives that are mixed into the
plastic. The final products by downstream producers are films, wire
coatings, insulation, and moldings for many applicatipns including
household appliances and automotive uses. The waste generated by
Company shall consist principally of paper bags, corrugated craft
and wooden palettes, plus some scrap plastic. All plant waste that
is not recycled shall be disposed of in an approved sanitary
landfill. City shall not be obligated to dispose of Company's
waste. Company shall not dispose of any matter on the tracts of
land described on Exhibit "A", by any method, including, but not
limited to, incineration, toxic emissions, disposal wells, burying,
or any other form of disposal.
Company further agrees that it will, during the term of this
Agreement, keep and maintain a "greenbelt" of trees and other
vegetation, in a minimum fifty foot strip of land, described as
follows:
1)
A mlonlomum fifty foot "greenbelt" alon~ Company's property
line abutting the state Highway 146 rloght-of-way;
A minimum fifty foot "greenbelt" alon9 Company's property
line abutting McCabe Road, and extend long from the state
Highway 146 right-of-way, approximately 650 feet east; and
A minimum fifty foot "greenbelt" along Company's south
property line, except for that portion of Company's south
property line required for rail track ingress and egress.
Company shall retain the right to create reasonable openings in
2)
3)
such "greenbelts", for ingress and egress to its property.
.
~
~LCf\)
ORDINANCE NO. 98-2259
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BAYSHORE INDUSTRIAL, INC.,
WITHIN THE SOUTH LA PORTE INDUSTRIAL DISTRICT FOR THE TERM
COMMENCING JANUARY 1, 1999, AND ENDING DECEMBER 31, 2000.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council hereby finds, determines and
declares that BAYSHORE INDUSTRIAL, INC. has executed an industrial
district agreement with the City of La Porte for the term
commencing January 1, 1999, and ending December 31, 2000, a copy of
proposed industrial district agreement being attached hereto,
incorporated by reference herein, and made a part hereof for all
purposes.
Section 2 .
The Mayor, the City Manager, and the ci ty
Secretary of the City of La Porte, Texas, be, and they are hereby,
authorized and empowered to execute and deliver on behalf of the
City of La Porte, Texas, the industrial district agreement with the
corporation named in section 1 hereof, a copy of which is attached
hereto.
section 3. The City Council Officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the city Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
.
.
ORDINANCE NO. 98-2259
PAGB 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 13th day of JUly, 1998.
CITY OF LA PORTE
By:
Norman L. Malone
Mayor
ATTEST:
Martha A. Gillett
City Secretary
Kn
city
.
NOTJ:CE:
ONDER THE
224, ET.
.
TBJ:S CONTRACT J:S SUBJECT TO ARBJ:TRATJ:ON
TEXAS GENERAL ARBJ:TRATJ:ON ACT, ARTJ:CLE
SEQ., REVJ:SED CJ:VJ:L STATUTES OF TEXAS
STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
{
{
{
{
(
J:HDUSTRJ:AL DJ:STRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF
LA PORTE, TEXAS, a municipal corporation of Harris county, Texas,
hereinafter called "CITY", and BAYSHORE INDUSTRIAL, INC., a
corporation, hereinafter called "COMPANY",
WIT N E SSE T H: That
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the city and its environs by
attracting the location of new and the expansion of existing
industries, therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, Company is the owner of a certain tract(s) of land
more particularly described in the Deed Records of Harris County,
Texas, in the following Volume and Page references, to-wit:
six tracts of land, as described on Exhibit "A" attached
hereto. This agreement shall be subject to the additional
restrictions contained in Exhibit "B" attached hereto.
o
-
,
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upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s);
and
WHEREAS, pursuant to its pOlicy, City has enacted Ordinances
No. 1789 and No. 98-
, designating a portion of the area located
in its extraterritorial jurisdiction as the "South La Porte
Industrial District," hereinafter called ~District," such Ordinance
being in compliance with Section 42.044 of the Texas Local
Government Code; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said District and for such purpose desires
to enter into this Agreement with Company pursuant to Ordinance
adopted by the City Council of said City and recorded in the
official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual
agreements of the parties contained herein and pursuant to the
authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, city and Company hereby agree
with each other as follows:
I.
A. city covenants, agrees and guarantees that during the term
of this Agreement, provided below, and subject to the terms and
provisions of this Agreement, said District shall continue and
retain its extraterritorial status as an industrial district, at
least to the extent that the same covers the land described above
and belonging to Company and its assigns, and unless and until the
status of said land, or a portion or portions thereof, as an
industrial district may be changed pursuant to the terms of this
Agreement. Subject to the foregoing and to the later provisions of
this Agreement, city does further covenant, agree and guarantee that
such industrial district, to the extent that it covers said land
e
.
-3-
lying within said District and not now within the corporate limits
of City, or to be disannexed from the corporate limits of city,
shall be immune from annexation by City during the term hereof
(except as hereinafter provided) and shall have no right to have
extended to it any services by City, and that said land shall not
have extended to it by ordinance any rules and regulations (a)
governing plats and subdivisions of land, (b) prescribing any
building, electrical, plumbing or inspection code or codes, or (c)
attempting to exercise in any manner whatever control over the
conduct of business thereon; provided, however, it is agreed that
City shall have the right to institute or intervene in any
proceeding authorized by the Texas Water Code, the Texas Clean Air
Act, or the Texas Health & Safety Code to the same extent and to the
same intent and effect as if all land covered by this Agreement were
located within the corporate limits of City and not subject to the
Agreement.
B. Company agree~ that it will not, during the term of this
Agreement, use or seek legislative or regulatory approval to use,
nor allow any other person to use or seek legislative or regulatory
approval to use, any portion of the tract(s) of land described above
as any part of a commercial hazardous waste management facility, as
defined in Chapter 296, Acts of the 72nd Texas Legislature (1991).
Company further agrees that it will, within thirty days after
execution of this Agreement, place a deed restriction on the
tract(s) of land described above prohibiting the use of any portion
of such tract(s) as any part of a commercial hazardous waste
management facility. Company hereby agrees that in any suit by City
for breach of any provision of this paragraph, City may seek and,
should it prevail it shall be entitled to, specific performance of
this provision of this paragraph.
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II.
Company agrees to render to City and pay full City ad valorem
taxes in the form of "in lieu of taxes" payments, on its land and
improvements, and tangible personal property, as fully as if said
land, improvements, and tangible personal property were annexed to
city.
III.
This Agreement shall extend for a period beginning on the 1st
day of January, 1999, and continue thereafter until December 31,
2000, unless extended for an additional period or periods of time
upon mutual consent of Company and city as provided by section
42.044, Texas Local Government Code; provided, however, that in the
event this Agreement is not so extended for an additional period or
periods of time on or before June 30, 2000, the agreement of City
not to annex property of Company within the District shall
terminate, In that event, City shall have the right to commence
immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and
provisions of this Agreement, and in such event Company agrees that
if the Texas Municipal Act, as amended after January 1, 1980, or any
new legislation is thereafter enacted by the Legislature of the
state of Texas which imposes greater restri~tions on the right of
City to annex land belonging to the Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the. parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1980.
IV.
This Agreement may be extended for an additional period or
periods by agreement between City and Company and/or its assigns
e
e
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even though it is not extended by agreement between City and all of
the owners of all land within the District of which it is a part.
In this connection, City hereby expresses its belief that industrial
district agreements of the kind made herein are conducive to the
development of existing and future industry and are to the best
interest of all citizens of City and encourage future City Councils
to enter into future industrial district agreements and to extend
for additional periods permitted by law this Industrial District
Agreement upon request of Company or its assigns; provided, however,
that nothing herein contained shall be deemed to obligate either
party hereto to agree to an extension of this Agreement.
V.
Company agrees to pay all "in lieu of taxes" payments
hereunder, to City on or before December 31 of each year during the
term hereof. It is agreed that presently the ratio of ad valorem
tax assessment used by City is one hundred percent (100%) of the
fair market value of property. Any change in such ratio used by
City shall be reflected in any subsequent computations hereunder.
This Agreement shall be subject to all provisions of law relating to
determination of value of land, improvements, and tangible personal
property, for tax purposes (e.g., rendition, assessments, Harris
County Appraisal District review and appeal procedures, court
appeals, etc.) for purposes of fixing and determining the amount of
ad valorem tax payments, and the amount of "in lieu of tax" payments
hereunder, except as otherwise provided in Article VI hereof.
VI.
(A) In the event Company elects to protest the valuation for
tax purposes set on its said properties by City or by the Harris
County Appraisal District for any y~ar or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all l.egal steps desired by it
e
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to reduce the same.
Notwithstanding such protest by Company, Company agrees to pay
to City on or before the date therefor hereinabove provided, the
total amount of the "in lieu of taxes" on the unannexed portions of
Company's hereinabove described property which would be due by
Company to city in accordance with the foregoing provisions of this
Agreement on the basis of renditions which shall be filed by Company
on or before March 31 of each year during the term of this
Agreement, with both the City and the Harris County Appraisal
District for that year.
When the City or Harris County Appraisal District (as the case
may be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion of
the controversy, then within thirty (30) days thereafter Company
shall make payment to city of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
(B) Should Company disagree with any appraisal made by the
independent appraiser selected by City (which shall be given in
writing to Company), Company shall, within twenty (20) days of
receiving such copy, give written notice to the city of such
disagreement. In the event Company does not give such written
notice of disagreement within such time period, the appraisal made
by said independent appraiser shall be final and controlling for
purposes of the determination of "in lieu of taxes" payments to be
made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
e
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enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in lieu"
purposes hereunder. If, after the expiration of thirty (30) days
from the date the notice of disagreement was received by City, the
parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as provided
in subparagraph (1) of this Article VI(B). Notwithstanding any such
disagreement by Company, Company agrees to pay to City on or before
December 31 of each year during the term hereof, at least the total
of (a) the ad valorem taxes on the annexed portions, plus (b) the
total amount of the "in lieu" payments which would be due hereunder
on the basis of Company's valuations rendered and/or submitted to
City by Company hereunder, or the total assessment and "in lieu of
taxes" thereon for the last preceding year, whichever is higher.
(1) A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be named
by those two. In case of no agreement on this arbitrator in 10
days, the parties will join in a written request that the Chief
Judge of the u.s. District Court for the Southern District of
Texas appoint the third arbitrator who (as the "Impartial
Arbitrator") shall preside over the arbitration proceeding, in
accordance with the rules and regulations of the American
Arbitration Association. The sole issue to be determined in
the arbitration shall be resolution of the difference between
the parties as to the fair market value of company's property
for calculation of the "in lieu" payment and total payment
hereunder for the year in question. The Board shall hear and
consider all relevant and material evidence on that issue
including expert opinion, and shall render its written decision
as promptly as practicable. That decision shall then be final
and binding upon the parties, subject to judicial review as may
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be available under the Texas General Arbitration Act (Articles
224-238, Vernon's Annotated Revised civil statutes of Texas).
Costs of the arbitration shall be shared equally by the Company
and the City, provided that each party shall bear its own
attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above
described property, all improvements thereon, and all tangible
personal property thereon, in the event of default in payment of
"in lieu of taxes" payments hereunder, which shall accrue penalty
and interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding
upon City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and, with the prior written consent of
City, which consent shall not be unreasonably withheld, shall remain
in force in the event Company sells, assigns, or in any other manner
disposes of, either voluntarily or by operation of law, all or any
part of the property belonging to it within the territory
hereinabove described, and the agreements herein contained shall be
held to be covenants running with the land owned by Company situated
within said territory, for so long as this Agreement or any
extension thereof remains in force.
IX.
In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of competent
jurisdiction to be invalid or unconstitutional for any reason, then
the application, invalidity or unconstitutionality of such words,
e
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phrase, clause, sentence, paragraph, section, article or other part
of the Agreement shall be deemed to be independent of and separable
from the remainder of this Agreement and the validity of the
remaining parts of this Agreement shall not be affected thereby.
x.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said land shall terminate.
ENTERED INTO this 13th day of JUly, 1998, effective January 1,
1999.
:&
Secre ar ~
BAY SHORE INDUSTRIAL, INC.
BY:&~~' v
General Manager
1300 McCabe Road
La Porte, Texas 77571
APPROVED BY COUNSEL:
~~~~
Senior Vice President
operations and General
Counsel
ATTEST:
CITY OF LA PORTE
By:
Norman Malone
Mayor
Martha A. G11lett
City Secretary
By:
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Parkway
e
e
^ tJ1Sct or percd of latId ~ 4.069 ar:n:s" ~ (:It ~ oat of the W. P.
Hams Survey. AbsIract No. ~. in Hams CaGnty" Teus. said ..069 ~ bdna
more particularly desehDed by lDda Inf ~ as fbDOM:
^ tract of laud out at the W. P. Haz:ris Sarwy, Ahm-.:t 3O,.IJani$ Count)'. TCQS.
said b1Jd ~ing out at fWD ~ of IaDd c:aD~ to ~ R~ 9des
Compmy. one of SQCh ~ beina a 62.5t2~ u-..t &safbed In the ~
ttcarded. In Volume 4491. PaRt 2OS. of the f)p,aJ R~~ of Hmhr County.
TeMS. to which tef'~ee i! heft: D1IIdc tor aD JlU~. 8Dd dJfJ ~ ~
being a ~2.41cra aBet desc.n"bal in that Deed lecaded In V~ 4499, hp 156,
of ~ Deed R.ecat~ of Hanfs County. Teus. to .,bJ~ .-eA401k;(l Is here made far
all P~. aDd the IJ1Jd c:oftve~ herein beIDa mare patlcuJlUly tferaIbed as
follows:
~ginning at a OM-1Dch lft'In pipe INJIIdnI the SQuthftSt comer of the .d
62.512..ft(:1e tI'1Id. said Qln~ being in the cut rlgJu-af'..way of the OR & SA
RaJ1rcad~
,
THeNCB N. 7" 18" 32" W. with 88fd e.8Sl rlJhI-of-wa)', at SOl.83 feet pt." .
t.hn:e-lnch Inm pipe for the nonhwest comer of the said 6Z.51211Qe-trIct Bftd the
$OuthweSl eame.r of the Sl.4-acre In\~ in an'604.92 feella 1ft inm rod for the
northwest carner of the tnlct being described;
l'HENCB S. 89" 59' 45" B. 39U.86 feet to an iron rod for the northeast comer of
thr . '''let being described;
meN~ S. 10" 44' 58- W. 610.69 feet to an iran rod for IDe ~~ comel' C)r
the lract belnl described, said eOtner being in the south Ilne of the said
62.S 12-.acrc tract;
11iBNCE N. 89" S9' 4511 W. with said line a d.tsrance of 200.0 feet to the place
or beginning and containing 4.069 Beres of land,
EXHmIT "A"
Ordinance No. 98-2259
Tract 1
e
e
lal.. 1.3Z .c~. a' 1... aUC of t~. Va ,. K.~~l~
S.~W.J ~'.&r.ct 3D, la ".~~i. COUaCI, t...., .o~.
,.~tlcgla~l, 4e.c~i'G. ., ..~4. ..d 'au..... 'Ql~
low. :
JlctX,l.G .t . polae.. ~be E.8~e~1, tiDc of
SOU~HS.. .A~I~ZC aAt~aaAD CaftPA.~ ~l.h~ 01 v.r
vhe~8 ~he c.nte~ ll~. af RcC.'. ao.. (80 f..e wt~.)
l.le~..ct. 8.1. ~lcbt af _C, 'o~ ch. 'octh..at
eo~..~ of tb. b.~~i. d..e~l'*. t~.ct:
TIIZ.CI SlIIuth 7 cle.. 3' .In. aO ..~. I..t (at .a
fClall ....t.. Wozth".lt c:.o-e..'&' of 1'.1715 .el". t~.et
cODv.y.d c.-a., C.bl.%, ~~. 'y deed f~o. the q..c~.
.1.~.4 I~..to'&'. oa April '. 1"", eaa~lG~lal .10D.
the v..~ It.. of ..1. 14.7"S ac.. t~.ce ~. tbe
Southwc.t ~o'&'..~., ..14 ~I'.CI 'O'&' the S..tbee.e
CDC..~ o~'cb. he~.lB d..e~lb.. tr.~',
~HZ.~B WesCezl, aczo,. Soue.ara Veelfte _.tl'&'oed
Co.,..~ ~i&bt o~ way (laO '4et vlde) c. 5ouche..c
c.~~.r at a.676' .~x. ~~.GC &ouyeyad 10 I., C.l..~,
~~_ " 'd8~d frg. the ua..xai.... . &z..~o~. ..~..
.I'll.. 11,. ~"6.b$.I'IIlJ cl...~k.. f118 a.wk. "'65347
GS,-QO-lIJ3 ~a13'09'. to~ la. Souc~.e~' c.~..w .,
the ~.l'.l. ...CTlbcd ~l'.ctl
T~Z.C. ..I'~~Cl'lF al.al tb. I..'.'l~ LlG. of
a..'6~ .e~. _'&'.c~ &0 ._. .a~.....~ c.~.Cl' .r
~~.ct law ... .a~ch.ea~ coc..~ of ~~. ..~.l.
Ui__'1a.. ''I.~t;
~HZ.C. E.'I.~17 aeza.. ..1. Sauta.~* ~.elflc a.11-
~a._ Coa,.., ~&,ht.' .., Cloa ,.., vi..) ~o lb.
'~Ae. Dr IZGx..%wa. 60.&.'.lal 1.32 .e~.. .1 leG..
aaZ'. OK' 1....:
..14
..1..
ct.-
EXHIDIT "A"
Ordinance No. 98- 2259
Tract 2
e
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All th.~ c.~~&in ~~e~t Q~ p~~c.l of land ift H.~~i.
COWli:.y. Texa... QU'to Ql t.he 'f. fl. M.aaIS suavzy A-lei.
mer. pa~1~lar~y a~Gcribe. ~ ~e~Qa ana ~n~B .8
~Cll1.Q"'... to-wi 1:..
BaG%.~IMQ.a~ . polb~ aa ~. W.8~a~ly 11fte o~_
SOUTHBa. PAC~rI~ RA%LaOAD CO-.AWr r1fh~~~~-~~
SQu~h 19. 53. 5.- ta.~ 89.22 !~: f~~ . eoac~c~.
HQ_U~.~ m_.ke~ HUMBLE '18~. 4ai~ ~~9inhipg pa~
'beLhg .u:1ce4 by a SIB" iron rCld -C'Qr 'toile SOU1:.ho,B't.
eQrne~ o~ the bere1n ae8cr1~ea t.ract. .
.
TH2.~E 'a~~k 89- 53" 54- Wes~ 89.22 ~1:.. CO ~BLE
~.u~ no. 185 far SaQth...~'corD8r of 'tohi. ~rac1:.
an 1:he W.8t Una' o~ t.h. If" 1'. lIA..*us suaVJ:Y, '
'1'BbCZ Worth 0- 04' 03"" WEIst. with ~. "eel: 1.1a... a~
eai4 suavaY S'~.44 ~~. to . 5/'- iraq rCl4 fa~
~~thW8.~ eor~8r;
TH~e Sau~h 89. 53' 54- a.at 14.00 f~. to a 5/B-
troa ~c4 ~O~ .or~ea.~ CO~fter dft ~. West.erly
~l,bt-of-way line of sai4 SCUTHRaM ~C%PIC ~LRaAD,
TH8!IC:E So~~b ,. 35' 20- Eclat: vi"th t.h. NlJs"tel"ly
zoigbe.-c;t!-W8.l' J.:I."8 aE ...14 IlA.1L1lOAD C100 ~t:. w:l.doJ
~14.a-~ ft... ~o ~he PfAl:JI O. 8EaDnrXHC:;, c:o,,~.in.t.ag
0.67., .cr.. Q~ 21,389.93 .q_ !&. 0' laftd.
EXHffiIT "A"
Ordinanc~ No. 98-2259
Tract 3
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EXllIBIT "A"
INDUSTRIAL DISTRICT AGREEMENT
WITH BAYSHORE INDUSTRIAL, INC.
All that certain tract or parcel of land, consisting of 32.9112 acres in the W.P.
IIarris Survey, A-30, Harris County, Texas:
BEGINNING AT THE intersection of the south right-of-way 1 ine of McCabe Road
and the west right-of-way line of State Highway 146;
THENCE in a southerly direction coincident with the west right-of-way line
State IIighway 146 to its intersection with the north boundary of the
former Bayshore Municipal District Sewage Disposal Plant a 4.069 acre
tract;
THENCE northerly and westerly coincident with the eastern and northern
boundaries of the former Bayshore Municipal District Sewage Disposal
Plant a 4.069 acre tract to its intersection with the east right-
of-way of the G.H.& S.A. Railroad;
TUENCE northerly coincident with the east right-of-way l1ne of G.H. & S.A.
Railroad to its intersection with the westerly projection of the
south right-of-way of McCabe Road;
TIIENCE easterly along the south right-of-way line of McCabe Road to the
POINT OF BEGINNING, said tract being 32.9112 acres.
Said 32.9112 acres being more particularly described in Exhibit "A", Tract I,
Tract 2, and Tract 3 Bayshore Industrial, Inc.
e e
EXIlIor'r "A"
'rnAC'l' 1
"AVSIIORE INUIIS'l'nIAf., INC.
8elng 14.6253 acres of land out of the C,I". McCabe 20 acre tract In
the ''l.P. lIarrls Survey, Abstract No, 30, lIards County, 'rexas, said
tract being described as followsl Bearings are hased on North 07G
35' 20" West as per record description.
BEGINNING at a poInt on the '-Iesterly dght-of-way line of re-Iocated
State IIlghway No, 146, where same Intel'sects the South rlght-of-way
line of McCabe Road (00 feet wide) saLd point being marked b~ a 4 x
4 concrete r ight-of-~'av marker (top now !.lrokon off) for the
Northeast COCller of the herein descrlbed tract,
'I'IIENCE SOllth 2]0 40' 36" '-lest, with the Hestec1y lLne of /laid State
IIlgh~'av 146, a distance of 507.21 feet to a 4 x 4 concrete clght-of-
way !Rarker for cornee, said polnt belng the Northeast corner of a
called 18.4205 aore tract now or formerly owned by tho Carla
Company, et aI,
'l'IIIH1CE South DOG 2]1 ]9" '-lest, along the North llne of said 10,4205
acre tract and generally along a fence (as shown on survey map) at
2511.40 feet paeslng the center line of lIarrl.s County Flood Control
Easement 1-10. AI04-09-00, at 110.25 f.eet and 0.32 feet South passing
a 2 Inch pipe, at 1009,00 feet passing a 1/2 Inch Iron pipe on Iln~
and continuing In all 1040.61 feet to an Iron "T" rail fence post
set In concrete (found broken off level with the ground and 1eanin9-
reset) for corner, said point helng in the I~ast r1ght-of-~'ay lIno of
the Southern l'aclflo nallroad 100 foot right-of-way (basel' on the
conter line location of tracts),
'1'lIlmcl~ North 07G 35' 20" Hest, along the I~ast line of said railroad,
530.60 feet to a 5/11 Inch Iron rod sel: for corner from which a 3/4
Inch Iron pipe Is found 1.60 feel: South and 1.10 feet I~ast, said
point helnt] In the South llne of said tlcCabe Hoad,
'l'III~NCg North OOG 35' 30" I~ast, along the South Une of McCahe Road
and generally parallel to and 1.IlO f.eet North of a fence at 31.07
f.eet and 2.50 feet South paSSing a 3/4 Inch Iron pipe at 103.10 feet
pasalng I:he center line of said drain easemellt and continuIng In all
1347.51 feet to the PLACE or BEGINNING and contalnln9 wltllln these
calls 14.6253 acres of land.
e e
EKIII B 1'1' "A"
'l'nl\c'r 2
nlWSllon8 IImus'rn t AI. r INC.
\luillG II 11.1300 IIcre u:nct of 11111.1 )OllllLoel JII I:hu II. I'. \llIrrJ.. Survu)'. A-JlJ,
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1110d 10 lI,ore IIurt1cllllldy duscrlbe.1 by 11I1:1:011 1111<.1 blllll,,11I au fol10lluI
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'I'hullcn. \I 811" 23' 3!l" !ti coll1chlulIl: IIJch thu Ilullth buun.III!:)' 111\11 of I:ho
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nfu!:edllle1 I'..'IS ocrp l:rlloF"0f::11l1l1Ii II dlstllllCU Ill' 511.110 fnot 1:0 II 1/2 inch h'on
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iiI: I: fur tllIl liOlltlollllut .:lIrnor IIf .chlll fl. 13UII IIcrll I: nil: I: of 1/11111.
"'hUIICIl. 1\ 7" 35" 20" "I cnJllcJllllllt IIlth I:hl! 1!1I111:0rly rluht-Qf-III1Y lJ nil
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elf chI: ufurud/l,eI n.lI. 6- II.A.Il.Il. 111111 thr. \ledl:urly
11I.',211:i /I':"U u'lIcCI /I ,I'"I:/lIICI lie 1!J7.S5 f.wl: 1.&1 Lhu "/1'11"1' 01' 11I!11111111llr..
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';;" .. 21121 '.:~""
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. .
EX1I181'l' "A"
'rnAC'" 3
8AYSIIORE INDUB'I'RIAr" mc.
1:11::....,':1 IIt.I=.51 aCI."'tl':'" 1..11",11, lo,.:.,'U' ,:'1' Ir~nl!i, l.I,;,h'lI .1\ plll'l; .:". II
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p",,'1; 1\:',.11 a,'l y chuucl'l hu.d hy loIfJl;llIli ill',1I b'.:".ll',,:Ja ..Il 1'.:01 I.:.~n.l'
l)
I;IE131N'-III-II~ ill; a. 'I I"....:h Ity '. InGh c.:.(,t":I'ul;l! l'IIIIII;-.:.f-~lllY 1000II'I"e,'
f.:.'.ll.... I'.:." 1;11'" 1\(.;,,' I; II rl&,,3I: c.:.,",(,I' .::.1' I;hu hllll'ull" ,'I/!L\CI'lhllll 1;l'.acl; .1,r,1'I
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Ik.illll' .
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.
.
EXHIBIT "B"
INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE AND
BAYSRORE INDUSTRIAL,'INC.
Company agrees that it will not, during the term of this
Agreement, use the tract(s) of land described in Exhibit "A" to this
Agreement, for any purpose other than the purpose for which said
tract(s) of land are being used on the date of execution hereof,
which is a blending, mixing and plastics processing operation.
Company's raw materials are plastic pellets from major American
producers and mostly food grade additives that are mixed into the
plastic. The final products by downstream producers are films, wire
coatings, insulation, and moldings for many applications including
household appliances and automotive uses. The waste generated by
Company shall consist principally of paper bags, corrugated craft
and wooden palettes, plus some scrap plastic. All plant waste that
is not recycled shall be disposed of in an approved sanitary
landfill. City shall not be obligated to dispose of Company's
waste. Company shall not dispose of any matter on the tracts of
land described on Exhibit "A", by any method, including, but not
limited to, incineration, toxic emissions, disposal wells, burying,
or any other form of disposal.
Company further agrees that it will, during the term of this
Agreement, keep and maintain a "greenbelt" of trees and other
vegetation, in a minimum fifty foot strip of land, described as
follows:
A mJ.nJ.mum fifty foot "greenbelt" alon<1 Company's property
line abutting the state Highway 146 rJ.ght-of-way:
A minimum fifty foot "greenbelt" alon<1 Company's property
line abutting McCabe Road, and extendJ.ng from the state
Highway 146 right-of-way, approximately 650 feet east; and
A minimum fifty foot "greenbelt" along Company's south
property line, except for that portion of Company's south
property line required for rail track ingress and egress.
Company shall retain the right to create reasonable openings in
1)
2)
3)
such "greenbelts", for ingress and egress to its property.