HomeMy WebLinkAbout93-IDA-02
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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.
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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:
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Sue Lenes,
City Secretary
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Knox W. Askins,
City Attorney
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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
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ttU.S. GPO: 1883-352-714 DOMESTIC RETURN RECEIPT
CURRENT NAME
Akzo Chemicals, Inc.
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PREVIOUS NAME & DATE
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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
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NO. 93-IDA-O~ {
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STATE OF TEXAS {
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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
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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
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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
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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
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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
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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
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\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.
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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:
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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
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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
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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.
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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
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.AKZO
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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.
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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
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(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 ~
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COUNTY OF HARRIS ~
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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
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Industrial District Agreement - 2
upon which ,.tract (s) Compan'y' 'has - either constructed an industrial
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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
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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
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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
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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
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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
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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
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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
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Enclosures
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-02
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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~
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Carol Buttler
City Manager Secretary
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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
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"EXHIBIT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
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11 K-.2 0 c I-IE (Y} J cAL-!J ~ f:AiG.
(Metes and Bounds Description of Land)
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FRODUCTIO:I O!:?:.r.T; :f:NT
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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;,
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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.
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February 01, 1994
5:19 PM
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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
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SUBJECT: Field Notes aDd SUlVey of 100 Acres Owned by A.Iczo Chemicals, 1Dc.(BaypoIt Site)
Total Pages .Including Cover Page: Thrc:e
Messag.~
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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.
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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, .
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;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.
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"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.)
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