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HomeMy WebLinkAbout93-IDA-02 '.' .\ ORDINANCE NO. 93-IDA-02 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH AKZO CHEMICALS, INC., FOR THE - - TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000 ; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. AKZO CHEMICALS, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. 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, Article 6252-17, Texas Revised Civil statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect 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. . . ORDXNAHCE NO. 93-XDA-02 PAGE 2 section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 14th day of February, 1994. By: CITY OF LA PORTE !~h~ 'N rman L. Malon, -- Mayor ATTEST: ~~~ Sue Lenes, City Secretary ~~~ Knox W. Askins, City Attorney e . SENDER: . Complete items 1 end/or 2 for edditional services. . Complete items 3. end 4e & b. . Print your name and address on the ravarse of this form so that we can return this card to you. . Attach this form to tha front of the mailpiece, or on tha back if space does not permit. . Write "Return Receipt Requested" on the mailpiece below the article number. . The Return Receipt will show to whom the article was delivered end the date delivered. I also wish to receive the following services (for an extra feel: 1. 0 Addressee's Address " . u ~ . (I) a 'i u . II: c .. :::lI .. . II: at C 'jjj :::lI 2. .. o .... ttU.S. GPO: 1883-352-714 DOMESTIC RETURN RECEIPT CURRENT NAME Akzo Chemicals, Inc. . . PREVIOUS NAME & DATE . . . CITY OF L41 PORTE PHONE (7131 471-5020 . P. O. Box 1 1 15 . LA PORTE. TEXAS 77572 February 14, 1994 Akzo Chemicals, Inc. Mr. Hanson Gilan c/o American Property Tax Service, Inc. 10101 S.W. Freeway, Suite 540 Houston, TX 77074 Re: City of La Porte Industrial District Agreement, Effective January 1, 1994. Dear Mr. Gilan: I am pleased to enclose herewith fully executed duplicate original copy of the industrial district agreement between your firm and the City of La Porte, effective January 1, 1994, for the term expiring December 31, 2000. I also enclose certified copy of the City of La Porte's approval ordinance, for your records. Thank you for your cooperation in this matter. If my office can ever be of assistance to your firm, please do not hesitate to call. Yours very truly, CITY OF LA PORTE By: CK~ \0 ~ Robert T. Herrera City Manager RTH:sw Enclosures l. '"'./ .,,/, -1 NOV. 199_ e . \. NO. 93-IDA-O~ { { STATE OF TEXAS { { COUNTY OF HARRIS { :INDUSTR:IAL D:ISTR:ICT 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 i'CITY", and Akzo Chemicals Inc. , a Deleware corporation, hereinafter called "COMPANY",' WIT N E SSE T H: 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, pursuant to its policy, city has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being . in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a, designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts 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: Revised: October 22, 1993 .. ' ,. e e \ I. 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 to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land 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, shall be immune from annexation by c~ty during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, 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 administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In' the event that any portion of the Land has heretofore been annexed by City, Company agrees to"render and pay full city ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessi ty appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal 2 e e property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 1994, 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, 2000, 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 Rend~tion on a Harris County Appraisal District rendition form, or siniilar 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, 2, and 3 of subsection D, of this Paragraph III (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, 1994, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2000, 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) 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 existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by City's independent appraiser; and (b) Fifty-three percent (53%) 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, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City and appraised each year by 3 e e \" City's independent appr~iser; and '2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 1993, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to city if all of said new construction had been within the corporate limits of city and -appraised by City's i~dependent appraiser. (b) A Substantial Increase in value of the Land and improvements as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of eitheri . i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 1993; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing property values have depreciated below the value established on January 1, 1993, an amount equal to the amount of the depreciation will be removed from. this calculation to restore the value to the January 1, 1993, value; and 3. (a) 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, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by the City's independent appraiser; (b) Fifty-three percent (53%) 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 4 ,. e e of leased equipment, . railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City and appraised each year by the City's independent appraiser. wi th the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 1994, and continuing 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 the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2000, the agreement of City not to annex property of Company within the District shall terminate. In that event, ci ty 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. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, 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 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, 1994. . v. This Agreement may be extended for an additional period or periods by agreeIl).ent between City and Company and/or its assigns even tho~gh it is not extended by agreement between city and all of the ow~ers of all land within the District of which it is a part. 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 such protest by Company, Company agrees to pay to 5 #' e e City on or before, the date therefor he~einabove provided, at lea~t the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b), the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to ci ty in accordance wi th the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. 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 judqment 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 ~pplicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (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 appraisa~ 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 fai th 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 ~equest 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. The sole issue to be determined in the arbitration shall be resolution 6 '" e e \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 sha,ll then be final and binding upon the parties, subject only 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's successors and assigns, affiliates and sUbsidiaries, and 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. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other la~downer with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. This Paragraph shall not apply to any Court ordered extension of the term of the Agreement ordered in Southern Ionics, Inc. vs City of La Porte, civil Action H-89-3969, united States District Court, Southern District of Texas. 7 ,. e e X. The parties' agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly ,restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. 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 o~ 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. ' XI. 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 effective the 1st day of January, 1994. Akzo Chemicals Inc. By: N1~~~ Title: Site Manager Address: 13000 Bay Park Rd. Pasadena, -TX 77507 Ov. D~ Knox w. Ask~ns City Attorney City of La Porte P.o. Box 1218 La Porte, TX 77572-1218 Phone: Fax: (713) 471-1886 (713) 471-2047 By: '\LJ Akzo Chemicals Inc. (COMPANY) Name: Title: Prp~inpnr r~r~ly~r~ Address: 4 ~r~rinn~rlp;n 1Rnn ~R ~mpr~rnnrr The Netherlands CITY OF LA PORTE By: ,f'~~6~ ;" rman . Mal ne Mayor By: Go.l~ ,. ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 . . AMERICAN PROPERTY TAX SERVICE, INC. PROPERTY TAX CONSULTANTS 10101 SOUTHWEST FREEWAY, SUITE 540 HOUSTON, TEXAS 77074 PHONE: (713) 988-8050 FAX: (713) 988-8121 RECEIVEQ I DEe 2 8 lQ~J. ell r iVlANAGERS OFFICE ' December 27, 1993 ~- - Mr. Robert T. Herrera, City Manager City of La Porte Post Office Box 1115 La Porte, Texas 77052 Re: Industrial District Contract For Akzo Chemicals, Inc.(Bayport Site) Dear Bob: It is a pleasure to have the opportunity to submit the executed Industrial District Contract on behalf of Akzo Chemicals, Inc.(Baypark Site). On behalf of Akzo, I would like to express our gratitude and thank you for your patience and cooperation to make this task a realty. As a member of the negotiating team, I would like to acknowledge that this project would not have been possible without your courage and leadership during the tense and long hours of direct negotiations. We look forward to a long and continued working relationship and believe both the City and the industry will mutually benefit from this partnership. \ , .- , , Hanson A. Gilan, President American Property Tax Service, Inc. CC: Mr. Fred Cannon, Site Manager, Akzo Chemicals, Inc. Mr. AI D'Angelo, Manager, State & Local Taxes 10/29/93 13:36 NO.S51 1il02 r ;. . " '. " -,r~" .AKZO e Chemicals October 29, 1993 , Mr. Ro:bert T. Herrera city Hanaqsr ci'ty of LaPorte P.O. Box 1115 LaPorte, TX 77572-1115 RE: City of LaPorte Proposed Industrial District. Agreement, ....- ..;" . , ..' Dated October 23., -",199~ .~.. ...,. " M~. ...., . " :} . "~.:.. ~ :..: .c -=: Dear Mr. Herrera, Akzo Chemicals Ino. has reCeived and reviewed the Oity of LaPorte's proposed industrial district agreement dated October 22, 1993, for the term January 1, 1994, through OeceJ1lber 31, 2000. By this Letter of Intent, our firm expresses i1:8 agreement to oOJllplete, execute and deliver to 'the City,t.he City'S proposed form of industrial distriot agreement, with appropriate attachments as Exhibit "A" and ]:gchibit. "B", at t.he earliest possible date. This leiter of intent is given by our firm to the City of laPorte at this time, with the requel!t that the City of LaPorte not inolude our firm's land in any annexation proceedinq~. Our firm understands that the city of LaPorte, in reliance upon this letter, will no't inolude our firm'S land in the proposed emnexation proceedings. . YOur~~_ ~: Cannon site Manager Akzo Chemioals Inc. -- FC/cah fC-/hel'1"trll CC: 'Hr. Hanson A. Giian American Property ~ax Service lnc. 10101 s.w. Freeway, Suite 540 Hous'ton, TX 77074 Akzo ChemIcals Inc. 13000 Bay Park Road Pasadena, Texas 77501 Tel. (113) 47" 2864 Pax (713) 474 0351 '. ,. ' e e (Revised: 06/86) NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~ CITY OF LA PORTE ~ INDUSTRI~ 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 Akzona Incorporated (Akzo Chemie Division) , a Delaware 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 trac~(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to-wit: Bayport 1 TR 64 ABST 482 ''':..' Y;::' ..;:- .. WID Jones 8.176AC TR 65 AB 47 G B McKinstry 91.824AC e e Industrial District Agreement - 2 upon which ,.tract (s) Compan'y' 'has - either constructed an industrial . , __. M ... ........ .._...... .._".... ..... .- plant(s) or contemplates the construction of an industrial plant(s): and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, desi~nating portions of the area located in its extraterritorial jurisdiction as the, !/'.,B,att:l.e,gr9und ;,::I.ndust~i~l District of La Porte, Texas," and Ordinance No. 842, designating portions of the area 10- ca ted . ~iA l.'f~~E:~~j{~i~~~~i-"to;~'r'~tlji~ris'd{;~-t'ion' ;~'as" 'the'-"'i'~'~'~~'ort: ~ industri~l . . ':' ,...", "-, '" .... ~.'\ r:.. ....1.- . .. .. 'District of" La Porte';'''Te~as-,'' 'hereinafter ~ol'iect'ivelY called "Dis- .. .., trict," such Ordinance~"beirig in'compliance with..the Municipal Annex- ation Act "of Texas, Article 970a, Vernons Annotated Revised civil .. ....~. ." I ,.... -,' I,' . :. Statutes of Texas: 'and :::' . 'r i\' ;; WHEREAS, City desires -..to.. encourage the expansion, and growth of industrial plants ,within. said Districts .and for such purpose desix:~s to enter into this Agre~men~... wi th . Company:. pursuant. to. Resolution adopted by the CitY,C~~~c~1 of said City and ~eco~ded ~n ~~~'offici~l minutes of said'Cit~: NOW, .THEREFORE, in consideration of the premises and the mutual : .' . I ~ . ~ ....,.. agreements of the parties contained herein and pursuant to the authority gra?ted under the Municipal Annexation Act and the Ordinances of c~ty.. r,~f~r~~:?,_~? above, City and Company hereby agree with each '. other as follows: \ .... .".':' I ("l' .::. . \':.". ~ ,i ":': :"', t'. I. .. ' Ci ty 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 e e ~~ ia~ Di~trict ~greement - 3 ,r cOqenant. agree and guarantee that such industria~ district. ,egoing and to the ~ater proqisiOnS of this ~grement. city does .001 within the corporate ~imits of city. or to be annexed under . extent that it coqers said ~and ~ying within said District and ?roqisionS of ~rtic~e 11 hereof. sha~~ be immune from annexation ity during the term hereof lexcept as hereinafter proqided) and .~ haqe nO right to haqe extended to it any serqices bY city. and t all of said ~and. inc~uding that which has been heretofore or ,eement. sha~~ not haqe extended to it bY ordinance anY ru~es and ,gu~ations la) goqerning p~ats and subdiqisionS of ~and. lb) prescri- .ch maY be annexed pursuant to the ~ater proqisiOnS 'of thiS lng any bui~ding. e~ectrica~. p~umbing or inspection code or codes. that CitY shall haqe the right to institute or interqene in any judicia~ proceeding authorized bY the Texas water Code or the Texas :he conduct of businesS thereon, proqided. hOOleqer. it is agreed r (c) attempting to exercise in any manner whateqer contro~ oqer c~ean ~ir ~ct to the same extent and ~o the same intent and effect as if all ~and cOqered bY this ~greement were ~ocated within the corporate limits of city. ~ portion of the hereinaboqe described property haS heretofore II. been annexed bY city. . the execution hereof. its petition to city to anneX an .additiona~ ,." companY haS fi~ed with city. coincident with portion of the hereinabOqe described propertY. to the end that twenty- fiqe percent l25\) of the tota~ qa~ue of the ~and and imprOqements hereinabOqe described shaH be annexed to city. companY agrees to render and pay full citY ad qa~orem taxes on such annexed ~and and imprOqements. and tangib~e persona~ property. Under the terms of thS TexaS property TaX Code lS.B. 62~. ~cts of the 65th Texas Legis~ature. Regu~ar Session. ~919. as "",ended), --- -- e e Industrial District Agreement - 4 ,the appraised value for tax purposes of the annexed portion of land, improvements, and tangible personal property shall be determined by the Harris' County Appraisal District. The parties hereto recognize that said District has no authority to appraise the land, improvements, . .... . .' . : and tangible perso~.~,~: :~~c.',P7rty. in the unannexed area for the purpose of cotnp'Ul:i'iig th~ :'" in lieu" paymerit.s: h'e"iE!Und~r. Therefore, :the parties " 1'. ~~ .!. .:-agree .that the appraisa~. o.~.\(,.the ,land~ '. improvements, and tangible .. ._," I'~' ~.:~r '.. . :\ "}{'\,-.. (-,',. ~ ", .' per-sonal::propefty in t1:te, unang~.xe.g. ate~ ;"siia:ll b~. .co.~,du<?t~.d by City, ... .. .." .. .'". ':; \: : . . at .Ci ty' s expense, by an i~,d~pendent',' appr~iser of City's selection. The parti"es' ':~~6'og~ize ,~~,~t i~, making s'uch appraisal for "in lieu" payment purposes, such appr~iser,must of necessity appraise the entire (annexeci":a'nd..0uri'i~'~~~~d) la~d~,...,:Jtnp'rov~ment;~" and tangible personal .....\. ,:.1"" ;'1.:.:'. . :. . ,.. ('.r" e- --....... ... . p'~operty/" Company agrees to . render and pay full City ad . valorem .: '\ ': .:" . : ~ .' .r ... ....... ". ',1- taxes on such annexed ~~~d, improvements, and tangibl~ personal pro- perty. '"::I. .~: ';, : I '.. . . 'I :. ;:'0 (:: " ;. , , .Comp'any' also agrees to I:ender t.o City and pay an amount "in lieu .' '.. , ... . , . of ,taxes" . on company's land, improvements, and tangible personal .. ".,. , '. --. ..pr.ope:r.ty.in the unannexed area equal to the sum of: (1) Fifty percent (50%) of the amount of ad valorem taxes which '. ..... :. would be payabl.e:, to City if all of the hereinabove described , . property which ",existed on January 1, 1986, had been within the .. corpora~~ limits of City and appraised each year by City's independ~~t. ~pprai'se'r: and . ~ ....... .', .~ ,', I' ' , ' Thirty, ,perc~~t . '''.~-. ... (2) .. . ." (30%) . of the amount of ad valorE!m ;::t:~ies which would be . payable, '" to ci'ty on any increase ":il'i" "~al'Ue' of the J".! . ........(.... :.... hereinabov~..described property, in excess of the appraised value ~..".: ..... 'C;f" same. ,op .'tanuary 1,.'-'1986, resulting from new construction and , new acquisitions' of tangible personal pr,operty, (exclusive of Construction in Progress, which shall be exempt from taxation), if all of said new construction and acquisitions had been within the corporate limits of City and appraised by City's independent e e Industrial District Agreement - 5 , . appraiser: , .with .the sum of (1) and (2) reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. ....: ,:Nothing ,herein ,contain:ed shall ever.. be construed as in derogation ...." . . ..-.. . . . pf ..-.t~e,}~.ut~,ori..ty. ~,f .1=.~,e Ha,r,ris,: :C.aunty.. :~ppraisal' Pistr.ict te establish :_~~,~..:a~J?,1~isf7!q,.:, vfl:,~,!-Je:.::.. 9f.. l~~d,.,,,, impr~:vements, " anQ. tangible personal l:R,;r:~J?)-r:~~~.Y jA~.?:.;~h:~' }~!1n~,~~d:.:.:-. P9:r1:-~:9!l' :; ;- for :;' ad.. va lor~m:':: ,tax,':- purposes. : ,.- ..." .: ':, ,..''),:'.' :J;,:P:., ..',.. . , -.:~ '" This Ag~'~~in~nt" shall' extend for a period beginning on the 1st d~y of January, i 987, a:~(i' cc)ntinue "therea'fter until December 31, 1993, :; , . ~. : - . ": . . , . :.. .. ~. . .: : '. . .' . . 0" . . . . . : .......: . unless extended for an add~ tl.onal per~od or periods of time upon \. '. . mutual consent of .~. ....... Company and City as provided by the Municipal :-~..........,...: ~..-..... ...........~.....~.!.. ..~... " Annexation Act':'" provided, however, that in the event this Agreement is not so extended for an additional period or periods, of time On or befor'e- A~g'U~t'-'3i': 'i993, th~L~g~e~~ent "of 'City not' to ann~'x prop~rty -, .' :"\" . ':. . . '. . 'i. "':'1 '" . . .,. . 'of Compa.ny within t.he 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 agrement, and in such ,event 1:.',...,.........,. ............ "... . ~. I . I Compariy"a.gr'e'es that if the 'texas Mun!cipai Act, Article'- 970a (V. A. T. S. ) , . . . . as amended after January' 1, 1980, or any new legislation is thereafter enact~'d: by' the "'Le~'islat"ur'e" of the State of Texas which imposes greater . , . restrictions on the right of City to annex land belonging to Company ,. -...._j..... :'i.,"I" ....'\,.I'..t'...:.~t....(.". "','" "';:\~!I" ('~J _"'"," or imposes further" obligations on Cit.y in conne'ction therewith after the ann:exa:tion of 's'uch fand, Company will waive the right to require City to 'd~~ply with' any such additional rest~ictions or obligations , ,. and the rights 'of the parties shall be then determined in accordance wi th t.he provisions' of \ .', ..;. :- .' I: .. . .. -,.. ~,' . said Texas Municipal Annexation Act as the same existed January 1, 1980. .1 e e Ind'ust':['ia'l Dis'trict Agreement - 6 IV. This Agreement m~r be extended for an additional period or periods by agreement between City and Company and/or its assigns even thoug~ it, ,is, n~t .ex~e~ded .by, a.greement be1::wee~",City and all of the own~rs of all land within the District of which it is a part.. In "'. -:i,'~. t~:..~'~_:'.\: .to.";'''!'', '..!-'.:" ."C .::: ~. \..:.:~'.:l ..... .. ." . \.. this connection, ~ity, .~ere?y expresses its belief that industrial district agreE1ments of :the kind made herein are conducive to the ":':..' '.~:~"- '," ":.... .' .......:....:... " :i:.J~...... -, . 0" .....i~ .;(:':.-....~.:.. \.:_" "..... 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 exten~ for addffional 'periods permitte'd by law th'is: Industrial Distri,ct Agreement upon requ'est of" Company :"'oi:-'-_: its assigns: provided, however, that ." ....,.,.. .' nothing herein contained" shall be....deemed' to' obligate' either party heretb. to "agree t.o" an . extens'ion' ::of this' Agrement~' V. : "Company 'agrees to pay all ad valorem' taxes'~' and all ;, in l'ieu of taxes", payments hereunder, to City on or before December 31' of ea'ch ye'ar 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 Agr'eement shall be subject to~ aii' provisions' of l"aw r'el~it.:ing to'-deterrid.nation'. of: value of land, ".improvements,'o and tangible pers'onal property, for tax purposes (e.g., rendition,' assessment; Harris"County:' Appraisal District review and appeal procedures, co~rt appeals, etc:~') for' 'purpo'se~ 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 Articles II and 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 e e Industrial District Agreement - 7 County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have th~,right to take all legal steps desired by it to reduce the ~ame. ~o1::~wi thst,anding ,~uch protest by Company, Company agrees to pay to .~~ty~n, ~r, before the.,datethe~efor herein~bove provided, at least , , . the total of (a) the total amount of ad valorem taxes on the annexed . .~. ,":. :..",:!:' .".. .:,., . :. . .. . , .. . " portions, plus (b) the total amount of the "in lieu of taxes" on the ':~:4':.'\"'1."=i.ct: ~'~::i:t-.:~<::j~'_:1'.;1':'S 0: 'l:1'1. ;:)_1:.,: l:!':,...:.:":. :..'. ,-.:; ~ ;:j) '.": ~:'. ... . .' :.. I' ..l.....~:... un~~.ne~~d ,p.o:r:~.io~l!!I . ~.f, ~.om~~~y' s he,r!!inabove-~!!s~ribe~ property whi~h , , wo~l.~ p~ due, by C~~p'a_ny to Ci ~y in accoJ;'~ance with the foregoing .... -.. - -"':" " '..... ...~.. ..... : provi~ions ,of thisAgr~men~ on the basis of renditions which shall be filed by Company on or before March 31 of each year du~ing the term '. ..:! ",.:.' . .':.' . . :. o. ~. .'- . . . . . : . . "'. _... . of 'this Agreement, with both the City and the Harris County Appraisal .~..-.~. :-~::..-.' .t",. '( . ...1........ .,", ", .. . . .~. . . D,is~rict Ja,s, :the ,c::ase ~ay b,~) ..~or tha~..!e~r. When the City or Harris, County App~aisal District (as the case '. -. .~'.'" rf:=~. :' ~'i.J. ... ::":-:';", .:... .:~.:: . :.'_.... .' may be) valuation on said property of Company has been so finally determined, either as the result of final j~qgment of a court of . .-~ . ", . '. "01. . . competent. jurisdiction or as the result of ~ther final con~lusion of u; i~>:-.-':...:;:'Io ~"):-,.q~,..... ,.,.::"r:_~'...:.'. . '.1.. '::. 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 penal ties, interests, and costs., (B) Should COI'!'pany disagree with any appraisal m~d.e by th~ independent ap~p:r:aiser ,sel~cted br City pursua~~, ~9... ~~tic~e II .aboy~: r . _:. P.... . . . ... . . . ..., . . . . . .. . (which' shall be given in writing to Company), ,Company shall, within .. .,.. -. . . . .0 _0 .~.. '.. . twenty (20). days. of receiY,ing, sucl) :~opy, giv~ written notice to the I~ -.. City ?f.. su.c::~ dis,a9.~e.e~.~nt. , Il,l t~!i! event. Compa,~Y, does not give suc.~, writ~en .noticeof disagreement within such time period, th~ appraisal ma~~~~y 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 e e Industrial District Agreement - 8 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 here'under~ If~' after the expiration -of thirty (30) days from the date' 'the notice of disagreement was received by City, the parties '.~-';"-':" 1 . _.1.. ,'.. ::,. ....:..~. .:)":: :,.":. .,' " have-not reached agreement as to such market value, the parties' agree .....~::.<....~ -...""':-....-:---..... ~-: '"" .. ~..:-:..:... ~.....:.......:..,... to submit the dispute to final arb~tration as provided in subparagraph ., .- (1)' 'of this Article VI(B). .. ,- .. . .. . Notwithstanding 'any such disagreement by Company,' Compan-y agrees to pay to City on or before December 31 of each year' 'du'ring the term hereof, at least the total of (a) the ad valorem taxes on 'the annexed p~rtio'ns~' 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 Comp'any hereunder, or the total assessment and "in lieu of taxe's" .t.hereon , 'I'" for the last preceding year, whiche'ver is higher. (I) 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 I 'ju'cfge 'of the U ~ S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial "Arbitrator") 'shall pr'eside over the arbitration proceeding. The sole issue to be d'etermined in the arbitration shall be resolution of the difference between the parties as to the fair market 'vafue of' 'Company' s prop~rty' f6~ cal'cul~tion' of the "in lieu" payment: and total payment hereunder' for the year in question. The Board shail 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, e e Industrial District Agreement - 9 subject only to jUdicial review as may be available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annot- ated 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. (C) Should the provisions of Article II of this Agreement become,. impossibl'e, of;' 'enfdrceme,rtt :.'becatis'e:.....df "-'(1'.) , the .. frl.~a1i'dity . or unenforceability of .the Texas Property ,Code (S~B. 621", Acts of the 65th "Texas Legislature, Regular ',Session, 1979), or any relevant provision thereof, or (2), because of any material delay or failure to act;.. on the part of the Ha~r'is' 'County Appraisal District" then and in any of 'such - events', all payments under' this Agreement shall be governed by' 'the" provisions of ':'Article ' II hereof: " I anyth~ng 'to 'the contrary ~n 'this Agreement notwithstanding. , VII. City' shall be entitled to a tax lien on Company's above-described property, all improvements thereon, and all 'tatigible'''perso'nai'' property' thereo~" 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 I .' the same manner'as provided 'by law for delinquent taxes. VIII. Company: agrees to'provide,to City at Company's 'expense;'a survey~ plat and, fie,ld note.descr.iption of the land, and .improvements which:" Company...petitions to be annexed' in' acdordan'ce with the' provIsions of Article II. abov.~ Such annexation tract shall be contiguous to a point on. the existing corporate limits of La Porte. 'In the event of failure of Company to'file either such petition, or such description, City shall have the ,right by notice in writing to Company to cancel and terminate this Agreement. e e Industrial District Agreement - 10 IX. 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 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. th~ property belonging to it within the' territory he~einabove 4escribed~ and the agreements ,heretn .'contai'ried. shall-":b.~>:,h.~l,<il;,!y'o i~e..(qq.venants' ~runrting ,with :th~ lan,d owned .by '.Company situa'ted. withip- said territory, for so long as this Agreement or any extension thereof remains in force. x. .. If City enters .int.o. a.l1 :.Agreement wi..th: ~ny other, ~.ar:tdowner with respect., to an industrial' district or ,:e.nter~," into, a renewal of any existing indus:trial' 'district:" agreements.. . aft,er.. ,the effective date -:hereof' and w'hile this, Agr~ement _ ~~, in effect, which contains terms and provisions more favorable' to. ,the landowner than those in this Agreement, Company" .ap.d.. its assigns ,:shal,l. have. the: right to amend this..Agreement and City agrees.. .tc> " am~~d ..:~.~m~ i: to ~,~1?~~c~ the more favorable terms of such agreement or renewal agreement: provided, however, ,City reserves the right to enter into such agreeme.nts or renewal agreements with other .landowners not covered by existing agreements, containing. a percentage of ad valorem t~xes more favorable to the landowner than that contained in Paragraph II, Subparagraph 3 (2) hereof, 'and Company:.,apd its a,ssigns ;~~a,ll. ,not }la~e ~he right to .amen'd .,this _ ,agreement,.'::;t;,o.... ~~1;>.~~~e "t.he._lro.9r~". ~avo.~~b!~,.,:p,,:q:q~~i::~ge of ad 'valorem taxes' contained' in:. s~ch. agreeme~t ox::, renewa.1 . :the~e?f,. t~an that contained in Paragrap~- II, Subparagraph 3 (2) hereof. City may extend more favorable terms t.o la,ndowners covered by exis~ing contracts only .to the ext,ent such favorable terms apply to any in,crease in value of the hereinabove described property, in excess of the appraised ....-vallie of same on January 1, 1986, as described in Paragraph I I, Sub- paragraph 3 (2) hereof. " . e Industrial District Agreement - II XI. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the. ,applicaton thereof ,to any person, firm, corporation or circum- stances' sha'll be held by"any court of competent jurisdiction to be invalid" or unconstitutional for any reason, then the application, invalidi ty '.OJ:: unconsti tutionali ty of such words;, phrase, clause, s'ent'ence:,r::paragraph,.. ,section'~..: article. or ,oth.er 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 partes of this Agreement shall not be affected thereby. XII. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to . ,: . a. ..,..... ... . . . . ,.".. .... ", . " said land shall terminate. ENTERED INTO this 1st day of June, 1986. ......:..:...:...;:......: "," :.: !;-:", ~~:;',"" Akzona Incorporated (Akzo Chemie America Division) (COMP NY) . , '), 'I' Secr,etaT.~~ ' \\ ',J Name: Mortimer Ryon BY Ti tle: '. Director of Taxes " ~: 'J ~. :.: :" _ . . .', Address: ',', ;Sand Hill Road . . . . ..: .... ....-1 _._. ~':'3- -.,:. _.:..~l..:.'.I.... Erika. NC 28728 APPROVED BY COUNSEL: ".. .,.. ~~ ATfORNEY FO~PANY Name:, Peter S. Gold. General Counsel Addres s : Sand H:lll Road Enka, NC ,?R7.?R Telephone: (704) 667-6472 , . ..... I ~.' : , , e Industrial District Agreement - 12 ATTEST: ~~~ Cherie Black; ~ity"Secretary . I I' III., .... I. , I I 'I I, , I, " I. "\\ , ',. I ' APPROVED BY COUNSEL: KNO W. ASKINS, City Attorney 702 West Fairmont Parkway Post Office Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 (Revised: 06/86) CITY OF LA PORTE BY BY . '~.. wen, City Manager CITY OF LA PORTE Post Office Box 1115 La Porte, Texas 77571 ". . AMERICAN PROPERTY TAX SERVICE, INC. PROPERTY TAX CONSULTANTS C t:. S J"" .3-i",,~J;~ 10101 SOUTHWEST FREEWAY, SUITE 540 HOUSTON, TEXAS 77074 PHONE: (713) 988.8050 FAX: (713) 988.8121 February 22, 1994 Ms. Carol Butler, Assistant to the City Manager City of La Porte Post Office Box 1115 La Porte, Texas 77572 Re: Akzo Chemicals, Inc. (Bayport Site) IDA Dear Ms. Butler: This letter will confirm our telephone conversation this date in which the above matter was discussed. Enclosed please find a field note and survey on Akzo's 100 acres in the City of La Porte. According to Azko, there are no other plot plans available to submit other than the one which were furnished to you earlier on both plants. As soon as updated plot plans become available, we will defiantly furnish you with some copies, Look forward to receive those contracts and should you have questions on this matter, please call me. Very truly yours, Hanson A. Gilan . \ , . CITY OF LA PORTE PHONE (713) 471.5020 . p, 0, Box 1115 . LA PORTE. TEXAS 77572 February 22, 1994 Akzo Chemicals, Ine. (Bayport Site) Attn: Mr. Hanson Gllan c/o American Property Tax Service, Ine. 10101 S.W. Freeway, Suite 540 Houston, TX 77074 RE: Industrial District Agreement (IDA) Exhibits Dear Mr. Gllan: A fully-executed Industrial District Agreement together with the approval ordinance are enclosed. As part of the document preparation, the City examined Exhibits "A" and "B" furnished by your firm. While reviewing the documents, we noticed only one (1) copy of Exhibit "A" was furnished. The City retained Exhibit "A" for filing with its copy of the Industrial District Agreement. We trust that you will secure Exhibit" A" to complete your copy of the Industrial District Agreement. Unfortunately, portions of Exhibit "A" retained by the City are not legible. We would appreciate it if you would please furnish a legible copy of Exhibit "A." Thank you for your assistance in completing these documents. Sincerely, CK~ T. ~ Robert T. Herrera City Manager ----. ~- RTH/cjb Enclosures cc Jeff Litchfield, Finance Director IDA File #93-IDA-02 (t~ ~ ~-~-91J ~ - ~ /J, ~4 ~". If[~t;;- ~~ ~n~411'~ 1T'^--02-N-9~. ~ . CITY OF L~ PORTE PHONE (713) 471.5020 . p, 0, Box 1 1 15 .. LA PORTE. TEXAS 77572 March 1, 1994 Mr. Hanson Gilan American Property Tax Service, Ine. 10101 Southwest Freeway, Suite 540 Houston, Texas 77074 Dear Mr. Gilan: The City of La Porte received your response to our request for additional information concerning Exhibits II A II and II B II for Akzo Chemical's Bayport site. As we discussed by phone on Monday, February 22, 1994, I am including the attached letter, as a formality, to file with Akzo' s copy of the agreement. I have noted that Akzo Chemicals will provide the City of La Porte copies of updated plot plans when they become available. Thank you for responding to our request so promptly. Sincerely, .J~4~ I Carol Buttler City Manager Secretary /cjb .. .' -' ,.'.- ~- '-- ':",'" '''-'-'-,~'''''''''''- ......':..... ""~ ~ .-... -. . ~.. .... - '. ~. ,-' .' .. . . - ......... "--.".. -' . . ._-_._~. . . . '.... ..... .:~..-:... .... ~'.>>o. ~ ~,......,. ~_.. ..._.....__...__ ....._........ _..._:~...._-:::- _ _"'___. . .... .__....... ._.._.... \. Industrial District Agreements Each company's packet should contain the following: ~letter offering the ~greement and certified copy of ordinance ~etter requesting action ./ vA 1<< , / /" /.~ v1\'greement - signed by company. Mayor. RTH. Sue. Knox Exhibit II A II hxhibit liB II - some will not have this item since we kept the only one that was sent -.--- ....._...........__....:_.__~J_~~.:...-~~..::-.:::-.:.:....r:~.r';:==.~.:_::;.:~;::::-.::._ ..:.:.~ . :.. =-_..__ __.. ._."_ ._.. " .: ~': . ,T-: "'-:-:-: - .:'''. ,.":,, ~-- ""-.- ".........~ ,-..~- ~,~7<'.....,.~_...-:-..~_._,-.,..?,..,...,..._.._-~_"';..~,,..._...._~,,.,.,~._~_.,. ,..~__~.~"',..."......,._...,r~_._~._~..~..,....~.__ .......~.. ..., .... .',' . . ..:...:.. ~"':. -....:..... _..:. -:-:-. .......: .:~' '. ..' "on..: ..:.;:...:-:.-;..j: .:' :...._. .:......: ',. ..' ...:~:~~ _.;. '" '.-... ._ . ..._~..'. ... ............. ............. : .' ...:.~l....:.:.....::.. . ., ~'. ..~. .... ...". . "'. . ..__.....-._...._.~.-..............- ...... ....... . r ~. . e i \ "EXHIBIT A" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND 11 K-.2 0 c I-IE (Y} J cAL-!J ~ f:AiG. (Metes and Bounds Description of Land) 9 ---- . I . RIC~ to -: ( 'A , .. ... -. .. . ... .. 1.&.-.-' I".., ------- -- i>. on ,- ~....... - _L- '1" ;i ':. ... S ---~;, , / ,.: ." J"..~ ~ . ~ --- i.ii~. --;::-=-- =-.. ,. ---;-- }". ",........ ,."" )/ ". : " / / ",'. :...... ...0- / '. J " - ..""'-.- ~ I -~ ~' ~ . ( I . - :; ,,_ U.', I r, ( - .. ' , I ..' ! . ~ GEO. 8, . Me KIN TRY ;:. " '~ .. A- 47 .. ; .. . ". . ...< i .. "". .~ .. .,; . < . ~J . .. J~ ~ " ~ A ".. . r .. ~ ~ :.. ! . r - :;:) ~ .' & r"l " 'r~I'J;."r,ID"DJ' ~- 1 " ... ,,,"- .. ..... . S', 1.- '"'' ..tI_.,,..II'...,,.iJ >- -;::::;::='DO",.., .. .. Ir '/I~" C ~ ..- e.....- tJ.". 6' JIIi. ,,'11'. ".tI&JJ.. t. ""'IS' 100. 000 .. C '.. .. . ! ~ ~ 0 k . .. . . ... 0 .. .. .. '.. .:. -: .. . . 0 c :. ~ . I It 4 i .. C a ! A'",ok CO"'I'a"1 ." ...-: ..--- ,N a .. . c. .. r.iwt.. G.I "'."L c... 1:0'-"., ..... r.u,.,.... Vel.-'OOT. ,.,.le, 001" 7IZ7'" (......eo4 IIn,:" II". VOl :'In, ro. UI.____ " 0.. II. ,.. .. h_ :.:~'~c;'') ~. ~;::f.~ " 10' .;.. "~c...-..."d~)..O........ . ,,;.';~,;""-...~-:. .~ 0.... '!"" , .. t;. 0;.-:::';;''''' ".. \ ~ J.' _ ot.'.....:'....... r.. .;.. . ~----c::.~~...!..!.0.::!..~~.:.'1- ~~__. ______ _.!.~~-:..-..::._______.:'l' ~ - _ ~'~O. ,:~'~::~:~ ')0. 1'.' -==-__ ~ =~~ / _ "1'1I.:Q....1."o._~, r-- 1'0' '1-" <<'0.. -.--....----- .,.- H06I1,C. ,. ",,__.t .~.... '- c. VoI,.,zr ~o.Z)l Ill. 0.... ., ZfJ'. 7 --~., ~ 8'C~I l-=- -. c........ c.,......~ 01 .-...... ".1. &'S). ".,. ,. .... t.r-ot' ..1..- .., .....-.. '. c.., ....,. 0. .... 1'.... c....-.. ",.- "-" 11:'.-_ 1_.... ....-. .. ....... ..,aa 10 " . c. . '.. 0'. ~ "" Ac. 'I. .., . I..... ., .....,. ..... I,f'.. c.-_. ... ~-. .II' ,.......c..... ..... ... .. d. ... c... ,...._ .. 1__. I.. . '00 - ... .oo 0000 ,n' "_1 I' '. ca....... ,." '1--4 ........'lIOlI .~.. .C"IC'- .t . ,.,,( .".C:U""W'I! " ,.c (o-:>I~' ".\'''' ... I., .'3,,-.2 '1......11I. ". It" ... ,..., '.r-I ..c _0 .~.. CDol'\,ICI'..... ,_4.Ic,4.C_._, d"...J,. .' ."~'. :':';'J" - ..;.c.. ... ,.", ,0 "- ..,~........ .-..,- ..~ .-- ....'" . ex \'"\ \ "B\T ..~ KCYlliION& 100 ..C:KC C[:), I ",C"'/fS TAY LeAGue A. 47 -,"'., co..r..., ,...cr I WI' I' JOH($ S\lIIYI:\' ....~n <<110", CowrhY.U S. FRODUCTIO:I O!:?:.r.T; :f:NT (.&11' ,(a.s :),v.:.o. . .- .. BEING ONE HUNDRED (100. 00) ACRES OF LAND, OUT OF THE GEORGE B. MCKINSTRY LEAGUE, A-47, AND THE WM. M. JONES SURVEY, A-4S2, HARRIS COUNTY, TEXAS, SAID 100 ACRES BE- ING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGI~~ING at Rod 2675 ~rking the intersection of the West line of a 50-foot-wide South- ern Pacific Transportation Company railroad spur right-of-way with the north line of a 100-foot-wide pipeliJ'le easement :known as Corridor "30", located in the George B. McKin- stry. League, P.-47, said Rod 2675 being N 2025'20" W 220.00 feet from the northeast cor- ner of a 963.850 acre tract described as Tract 1 in deed from Friendswood Development Corporation to Celanese Corporation of America dated February 6, 1967 and recorded in Volume ,6653, page 79, Harris County Deed Records~ Th"'ENCE 5 8703~' 40" W with the north line of said Corridor "30", a distance of 2045.02 feet to Rod 2680 in the east right-of-way line of a proposed 100~foot-wide road~ THENCE N 2028120" W with the east right-of-way line of said proposed road, at 1948.29 feet pass the north line of the said George McKinstry League, s~e being the south line ~~ the Wm. M. Jones Survey, A-482, and continuing on the same bearing with the .said east .d right-of-way line a total distance of 2118.29 feet to Rod 2679 for corner;, o ' . THENCE N 87 29'52" E, parallel with and 170.00 feet north of the common line.of the said McKinstry League and ~ones Survey, a distance of 2095.03 feet to Rod 2678 at the north- west corner of a 10.319-acre tr~ct described as Tract No. 3 in deed fram Friendswood Development Corporation, to Houston Lighting & Power Cornp~y dated ~~ch 7, 1968, and re- corded in Volume 7146, Page ,37, Harris County Deed Records'; THENCE 5 2028'20" E with the west l.i.ne of said ~act No.3, at 170.00 feet pass the south- west corne: of saId Tract No. 3,' s~e being the northwest corner of Tract No.2, described in said deed to Houston Lighting & Power Company, said corner being in the common line be- tween the sa!d Jones and McKinstry Surveys said point being S 87029'52" W 499.42 feet from the southeast corner of the said Jpnes Survey, and continuing on the same course with the west line of said Tract No. 2 a total'distance of 389.41 feet to Rod 2677 in the westerly line of said 50-foot~wlde railroad spur right~of-~~y, said rod being in the arc of a curve to the left, THENCE southerly with the ~esterly line of said ra.ilroad spur, along the arc of said curve having a central 8!lgle of 2601.7'05" and a"ra,dius of 483.59 feet, an arc distance of 221.85 feet to Rod 2676 at the P.T. of said ~veJ THENCE 5 2028'20" E with the west line of said railroad spur 1515.83 feet to the ,PLACE OF SF-GINNING and containing 100.00 acres of land. .-: t ',:", , " . , . f , J . February 01, 1994 5:19 PM ~: iji I FAX COVER AGE American Property Tax Service, Inc. 1010 Southwest Freeway. Suite S40 Houston, Texas nfJ14 Phone 713/ 988-8050 I ~ 713/98H1l i FROM: Hanson A Gilan TO: Ms. Carol Buttler, Assistant to City Manage P 91 . , I l ~ .' (, ri .., ,..... j-.. . . I. :~ '( t. ., :J :~ !~ SUBJECT: Field Notes aDd SUlVey of 100 Acres Owned by A.Iczo Chemicals, 1Dc.(BaypoIt Site) Total Pages .Including Cover Page: Thrc:e Messag.~ ...............********** : . : ~ : , ,', II : i ; d H . , Ms. Buttler, per your request, enclosed are the field notes 8Dd tile survey on AIczo's 100 8C1eS Iocaccd OIl Baypark Road in coonectiOD with the new Industrial Di5trict CoDttact. Should you have further guestioltS or c:ommencs, plc:ase call me. 1 'I' '\' ~':- . " .:". '. .' :. . . ",," , ., " . ~ . ~ ~ ( , . : ",: . . f. ~ . . , , i oj '. . . '.1 .' , i . ~ ; i" , :" ..' ! ',' i ; , ...:. . ; , ~ '. " t. . . ":. > , .~ , " , I, P 92".. . - e .~... 4 _.. NO. 2'73 J;JB2 i.- ! . BEING ONE Hl1NDRIm (~OO.OO) ACRES OP' L1\ND, OW OF me GEORGE 8. HCXINSi'Rl' LEAGUE, A-47, AND THE WH. H. JONES SURVEY, A-4S2, HARRIs COUNXY, TE:.XAs, SAID 100 ACRES BE- INQ MORE PARTICULARLY DESCRIBED AS POLLoWS: BEGlh"NING at Rod 2675 ~rkiog the interseotion of the West line of a 50-foot-wide South- ern Pacific Transportation Company railroad spur right-of-way wi~h the north line of 4 lOO-foot-wide pipeline easeraent known as Corridor "30", located in the George B. McKin- stry League, A-47. said Rod 2675 being N 202S-20" W 220.00 feet frOlll the northeaet =r- . ~er of a 963.850 acre tract describeii as Tract 1 in dead from Friondswood Development .__o.J__ , ....._ :Orporation. to.Celanese Corporation of ~erica dated February 6, 1967 and recorded in 101UJDe ,6653, Page 79, Harris County Deed Records, . . 0 ;H'ENCE.S 87 3~'40" W with the north line of said Corridor "3011, a distMce of 2045.02 'eet to Red 26BO in the east right-of...'Way line 9f a proposed 100-foot-wide road, H.!NCE N 2028 '20" W with the east right-of-way line of said proposed road, at 1948.29 eet pass the north line of the said George McKinstry League, same being the south line " the WID. M. Jones SUrvey, A-482, and continuing on the same bearing with the .saic:r east .d ri9ht~f-way line a total d1stance of 2118.29 feet to Rod 2679 for cornerJ. o . - ~NCE N 87 29'S2" E, parallel with ana 170.00 feet north of the common line,of the said :X1nstry League and Jones Survey, a distance of 2095.03 feet to RcQ'2678 at the,north- :st corner of a 10.319-acre tr~ct descri~ as ~act No. 3 in deed fram Friendswood velopment Corporation. to Houston Lighting &; Power Comp~y dated March 7, 1968, and re- rd~ :tn Volume '146, Page 37~ Harr!s County Deed Records, ENCE S 202~'20. E with the west line of said Tract No.3, at ~70.00 feet pass tb~ south- st corner of sala Tract No.3,' same being the northwest corner of Tract: No.2, described said deed to Houston 'Lf:gbt:i.ng I: Power Cumpany, said Corner being in t:he common line ]:)e- aen the satd Jones ana. .McKinstr}~ Surveys sa1a point being S 97029'52" W 499.42 teet from ~ southeast corner of the said J.ones Survey, and continuing on t:he same course w;tth the st line of said ~act No.2 a total" distance of 389.41 feet to Rod 2677 in the westerly 18 of said SO-foot.wide railroad spur ~ight~f-~~y, said rod being in the arc of a :-ve to tlle left, NeE southerly 'With the westerlYoline of said railroad spur, ~long the arc of :said 1e having a central 8:I'191e of 26 ~7'os" and a,radius of 483.59 feet, an a.rc distance '21.85 feet to Rea 2676 at the P.~. of said curve, :B S 2028' 20" E with the west line of said railroad spur 1515.83 feet to- the .P~CE OF' 1N:ING and 'conta1ni:"J9' 100.00 acres of land. .. I , ~ 4. ~ , :~ ~~ ~ ~ ..~ f ,.~ I . . ; l'~ l.i I ~ ... ! .. . . . . ; = ". ~ I ~ . ~ I I (', I I " r, !: . , . ! " t : , ", , '. i. . ~ . I j" '. f.'." '. ~' , r : ~i. .'. . ,'t,.,' ,'. E' , r.'o . :f ~.: ~,::" i' j,,:::. ~ ,~~ ,%.. . .:'~ . l\:~" . I:,:' .' f '.,', ;~i '. ;~~:.. --.--~---------~-~---~-----------~-.----~---~-.--.-------------~-~------------------------~--_____kF P 03 .B2/121i/94 .... .'., . l2l9;39 NO. 273 Jill2l3 - r'w I --- ,....-"... ........r . . .- - , Riel- ,~ .,...,.,tI....,~MI' '-..c.. ~ I ., I ( 'A "'-1. 'N -".11"3" .. \. ' ~ ....... ."WM. M. JONES .. 4'.. .. A- 48Z . .. .. " .,.I"J,,"', ID'J 11.1. - ~- 1 '. ... .~ . ..'~ .. -..- - s,.. ... ~"" ..~".,..., 1fI.""F >-==- c.,~ -: ::'='011"." ." .r. I'-~' C -.... . . }1' ;i t.... a -/.,...c...'.., . ... .., J'. .. , . i;;;;:'~ =- , --:-- 1. ,- "..' I ,. ",.,-0.. .' f'- Y /' '" .: ,......... ",........ .-0" . /' . . I . R."",- ~' I ~~ .1.' i'" . l r ... "'" "r6 -I - r.l. :- f -:. . ;:. ,'. ~- ~. 6..,..- 1""$- ""U4.' t. UI/IS' " -r, loti. DO() Ac .. .. . ! ... ~ 0 i .' f .. . . .. 0 .. ... .. .. ~ ] .. . . ID .. ~ . 1 . ;. I . .. ~ ; "'",ok c....p.~y . .. . GEO. B. . Me 'KIN TRY .. . .. A-4T ~ . ~ . .. .. , ::.< i .. , t .~ \0 .- .. :.s . t :t r J~ . . .. . . P. ... .. . ... .. .' . .. ~ I::) ~I - ... ,,., .- ......: .. -- _ -" ,.......-..-....--- ""_ IN 0 .. Il C. .. r...... G.. T"~L Ct.. . zo...... "" r......'" Y.,.")OOl. .... '10' Do..4 7/2T/lIlI (......11I... I/z./sa _.c.. Vel 10.1,. PI. 151. " ~.~.'- . 0.' II.', Ie to... .......,. '00' c... :'., . SO- "0" ,..._ ..0'. -' c.._... c..,....."'-" or a_..;... - D/. ~ ~ Ac. ',..t , .., ............ ,..- .., .......... ,. e... ..... 0. '" ..... 1'......... I...... S-" c.-. ,._... ....-. .. ....... UCIIO_. . .. Co . ... Viii. 1&15J. .....,. 1.._ ... .....,. .... ....... C..... ...""'..". c........c...... ........ . d.... C... 'I."" III 1._. -.------ ,.~'. ., I. cc..t..y ,... ... .......UOll .__. .c..c~ II . '.111 ....C:U..IlI'.... f1I ,.c C..,..... c...,.... .. '.1 .-:"1ll.1 .e.'...."" ". .". ... ...., '''I- Me ./....,.. _C-:~'tC'l c. .......~c-.. r~~."'. '.... -'*." . _L:..-:. _ ..a-.. .. ..., .- .... __.... 1_..._..-,. I.. . I" - ... .. ..... ,n' ....",. ex\i\~'T "'~ ~ e 'DO - ... .. ~'n' - P;.~I. . ....~.. ~'~._-j ....,. .. .... 77''' ..,......... .....,~..~ I.. .c.....- E><.M\~'T ..~ --a<:---------------;:;~;-:~~:~::::~~;::0~~-~:~~-~~~~~~:-_~~~:~~~~;;:~~l_~~~~~~~~~~~~~~~~ , , .~_ ._....... _ __ ......._ ._._.0_.... ._........... .._~.___~.'""___.. . ," (' , . . e '\ "EXHIBIT B" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND !1tZo c2 !fG'n1JC/fb~ ~NG' (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 10 ---- " i ,........ ,",,,-, ---- t. ... . o .. - ... . ... .. A- .8Z ,- . ,,. ~I's."r. IDII DJ. - ,........ '1 ii ( :'. , / . -.JJ....# i-; i;;~'~-=-" - I'~- I - ,- I r~' "."'": ' .' )I' ~ ". -,n' o:'~... ..0- I / / ..""~ -.c!1v'j , lJ ~ ~ .." ~f'f -I P. r . I ':. e" :i ~- 1 " ... ,~ .. -- . s,c. L. ,_" ""~"-' l\...,.. >-- ~'~ ~ t. ,_.'DO',..., "II.r~I~.IC ~ ~ ~-.I tJ..,. 6. J(;- ,,' ill. ".4UI'. t. a,u. - .. .' . .. 100. 000 "'c '.. .. . l! :; "0 0 Ii ... . .. . . .. .. .. .. ,- '.. .:. . . .. . . . 0 . .. :- a ! .. ~ 1 .. ~ 0, ~ A, "'0 k c....p.., . ~ : GEO. 8. . Me KIN TRY . .... .., A- "1 .. .. : ... ~ i .. ....:< '"". .~ .. .. . :-' . - J~ ~ ~ : . r -. .! .. :.. ~ . . - l :;) ;;I & rl .- ......: ---- /.. 0 .. a c. .. J... G.I T'."L c... ~O'''''. "'" r.......... V.I."3001. ~,.l'C. 0...4 7IZ"5' l-...~ "''''6 ..C. va' )1):5' "0, %61. --r ,,-.-....- ~~ __. _t':-' .O....'..'-h..,.,.~II'.".~CL) .... ..:::..:""'.:r~~ 10' .:.. po", C...-... ".'-1)..0, ".... ,to: "';'''''''',-'' ,-..,.. ,0 .' .(.~-;,,,,-:,- '\. ~ " O...~ S~.," .,. .... ...".' .. ~.. ,J. .. ..9'..... .:- "':,~ ,.. r":t 1 . :,. ____....r~::!.:....!~a.:'.!:~:..~4_ ~~__. ______ _"::'~-;'::::"'-'_________~' t . _ '-- S ,,. 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U , . r .~CDUG:O:: O~?'.r:i:: ::~rr ,. . ..' ~ - - - - ~- - - - - ~ lllcclJ IC. .1:10#1o;lo t.... ~Doo_ 0003 loa ..~.:.:..... " . h ,.;,...:... ..110 ~ .. II WAll) '" . '-? ....:-0 .~, .~ ..."- ""loa' ";00 ..I) -... ~...c -.0 >.; at.I, ..,.., " If....) Do ",pC,' , AY.ZO CHnUCAL INC. ~- ""'.-0 - [x/STWC LAIIO US[ KITH BLOCK PLAN :Jr;Ii;"" Ii;"" ;.-:;;;;- -, SK'IOOI )OHIo' NQWW ...,... I,..,. I . : c....o:... _llts1!k. ' . , , - I I I:JS.'':: 'J' , ~i ~ I I ! ..~ '-T" .. .. - .. .. . , .. --!.-----.J. ---r.._..... II ILL' :', I r--. l J-J-~{-r-- 1- --F -~ --__ ~;-_L__~__~._._ ~ 'L._~-__t__ I ' , I I I' I : 8L'j 61 (4.& ~/- Aq) I.,~:, :~.~ ,- -- -I . t:-~.t~:'r':--:--I.- · ",'I'~ :. .. I I"" f~ ' "\ . ....- ~_..-...-.-...----------.....-_! ..,;- - -! r---r--r-r-l-l--- :r.--r--- -- " -i~~ 5-1(1.1 ~;j-t--!f-r8tQ J : -:Lr-.I-.-1-rl.---!I-r~ . I lL1 . I I , . . "T -q--r-l-rl~-T-.i! -1- "'-r -I r-.+---t..-...-'t----r-----r--.-...: t._-,- ; .I! BLOCK" ~ (".J "'C) ! 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