HomeMy WebLinkAbout93-IDA-04
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CITY OF LA PORTE
PHONE 17131 471.5020 . p, 0, Box 1 1 1 5 . LA PORTE. TEXAS 77572
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March 29, 1994
Mr. D.R. Mathera
Arco Chemicals Company
10801 Choate Road
Pasadena, TX 77505
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Mathera:
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:
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Robert T. Herrera
City Manager
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Enclosures
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NO. 93-IDA-~ {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and ARCO CHEMICAL COMPANY
, a Del aware corporation, hereinafter
called "COMPANY",
WIT N E SSE T n:
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 Di,strict 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 wi th 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:
Revise4: October 22, 1993
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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 ~istrict, 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 City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that 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
un annexed 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 necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein cqntained 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 ~nd tangible personal property located on the
Land as of the. immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties which the Company must
render and upon whi.ch 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 un annexed 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 appraiser; 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 perce~t (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
independent 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 either:
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, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
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 agreement between City and Company and/or its assigns even
though it' is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
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 hereinabove 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 unannexed portions of Company I s hereinabove described
property which would be due to City in accordance with 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 judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additio~al payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs. '
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B. Should Company disagree wi th 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
apprais~l 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 I s valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for'the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10,. days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. 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 shall then be
final and binding upon the parties, subj ect 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 penal ty 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 9ther 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 of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
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.
By:
ARCO CHEMICAL COMPANY
(COMPANY)
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Name: D. R. Mathera
Title: Pl ant Manaqer
Address: 10801 Choate Road
Pasadena. Texas 77507
ATTEST:
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CITY OF LA PORTE
By: ~~~~
p' orman . Malone
Mayor
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City Secretary
APiZ:D:J L
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By: Q~T. ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (713) 471-1886
Fax: (713) 471-2047
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CURRENT NAME
Arco Chemicals Company
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PREVIOUS NAME & DATE
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oaDXNANCE NO. 93-XDA-04
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 28th day of March, 1994.
By:
CITY OF LA PORTE
~~~~
1l .man L. 'Malon -
Mayor
ATTEST:
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Sue Lenes,
City Secretary
AP~:~
Knox W. Askins,
city Attorney
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ORDXNANCE NO. 93-XDA-04
AN ORDXNANCE AUTHORXZXNG THE EXECUTXON BY THE CXTY OF LA PORTE OF
AN XNDUSTRXAL DXSTRXCT AGREEMENT WXTH ARCO CHEMXCAL COMPANY, FOR
THE TERM COMKENCXNG JANUARY 1, 1994, AND ENDXNG DECEMBER 31, 2000;
HAKXNG VARXOUS FXNDXNGS AND PROVXSXONS RELATXNG TO THE SUBJECT;
FXNDXNG COMPLXANCE WXTH THE OPEN MEETINGS LAW; AND PROVXDXNG AN
EFFECTXVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. ARCO CHEMICAL COMPANY 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
City 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 subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ARCO Chemical .pany
Bayport Plant
10801 Choate Rd.
Pasadena, Texas 77507
Telephone (713) 474-4191
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October 27, 1993
RECEIVEQ -"
OCT 2 8 1993
,City MANAGERS
OFFICE .
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Douglas R. Mathera, Plant Manager
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Mr. Robert T. Herrera
City Manager
City of La Porte
P.O. Box 1115
La Porte, TX 77572-1115
[FAX No. (713) 471-71769]
RE: City of La Porte Proposed Industrial District Agreement,
Dated October 22, 1993.
Dear Mr. Herrera:
ARCO Chemical Company has received and reviewed the City of La
Porte's proposed Industrial district agreement dated October 22, 1993,
for the term January 1 1994, through December 31, 2000.
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By this Letter f Int~" our firm expresses its agreement to complete,
execute and deli~e'r to the City, the City's proposed form of Industrial
district agreement, with appropriate attachments as Exhibit "A" and
Exhibit "B", at the earliest possible date.
This letter of intent is given by our firm to the City of La Porte at this
time, with the request that the City of La Porte not include our firm's land
in any annexation proceedings, Our firm understands that the City of La
Porte, in reliance upon this letter, will not include our firm's land in the
proposed annexation proceedings.
Yours very truly,
ARCO Chemical Company
By:
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D. R. Mathera, Plant Manager
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City of La Porte
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January 10, 1995
Mr. Charles E. Schneider, ill
Manager Public Affairs - Texas Operations
ARCO Chemical Company
P.O. Box 30
Channelview, Texas 77530
Dear Charles:
I am pleased to provide you with some pertinent information regarding my city's view on
tax abatement, and how it may impact a proposed expansion considered by your company.
'As I understand, ARCO is considering building a Propylene Oxide/Styrene Monomer facility
with related derivative plants with a construction value of somewhere between $750 million
and $1 billion. If built in the Bayport Industrial Complex, approximately 25% of the plant
would be in La Porte, and the difference would be within the City of Pasadena's.
jurisdiction.
As you may know, the City of La Porte is in partnership with industrial complexes within
the Bayport Industrial District and Battleground Industrial District. Since 1958 the City of
La Porte has afforded an abatement program to reduce the net tax liability for companies
'that locate their facilities within these two districts. ARCO Chemicals in La Porte has
benefited from such an agreement.
As you will read in the attached memorandum from Jeff Litchfield, Director of Finance a
proposed expansion valued at $1 billion with 25 percent of the improvements being in
La Porte would equate to an average annual savings of $1,100,500 in ad valorem taxes
following completions of the expansion and throughout the end of the current contract.
Savings under future contracts can be estimated at $834,250 annually. This difference in tax
abatement is important when comparing other abatement incentives.
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Mr. Charles Schneider, ill
January 10, 1995
Page 2
As you may know, most cities that offer an abatement of taxes do so only for a nominal
period of time, usually ten (10) years. The City of La Porte's program is an ongoing
program that is renewed every seven (7) years with participants. We now have corporations
who will have enjoyed 40 years of reduced tax benefits since executing an Industrial District
Agreement Contract.
I sincerely wish you well in your decision, and I hope La Porte is part of the equation. If
lor my Mayor can help you, please do not hesitate to contact us.
Sincerely,
Q~T~~
Robert T. Herrera
City Manager
R TH/ cjb
EnclosUre
cc Mr. Kyung-Don Yu, Senior Tax Attorney
Mr. Douglas J. Pike, Marketing Manager - Propylene Oxide
Mayor Norman Malone
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ARCO Chemical .any
Bayport Plant
10801 Choate Road
Pasadena, Texas 77507
Telephone (713) 474-4191
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May 6, 1994
Mr. Robert T. Herrera
City of La Porte
P.O. Box 1115
La Porte, Texas 77572
RE: Industrial District Agreement (IDA) Exhibit
Dear Mr. Herrera,
Arco Chemical Bayport is enclosing a legible copy of the Industrial District Agreement
Exhibit "B" as per your request. If we can be of any further assistance in the future let
us know.
Sincerely,
~~
Glenn K. Levengood
Financial Controls Manager
cc: 0, R. Mathera
J. F. Leahy
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J11Ema SanchaWense
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CITY OF L! PORTE
PHONE (713) 471.5020 . P. 0, Box 1115 . LA PoRTE. TEXAS 77572
. I
April 15, 1994
Mr. D.R. Mathera
Arco Chemical Company
10801 Choate Road
Pasadena, Texas 77505
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Mathera:
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.
Unfortunately, Exhibit liB" is not legible. We would appreciate it if you would please
furnish a legible copy of Exhibit "B."
~nk you for your assistance in completing these documents.
Sincerely,
6<~ T: ~
Robert T. Herrera
City Manager
RTIIjcjb
Enclosures
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-04
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Industrial District Agreements
Each company's packet sho~d contain the following:
A letter offering the a~t and certified copy of~nce
J letter requesting action / /'
, /' /.//v'
Agreement - signed by company. Mayor. RTH. Sue. Knox
/
vExhibit "A"
~bit "B" - some will not have this item since we kept the only one that was sent
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"EXBXBXT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
ARCO CHEMICAL COMPANY
(Metes and Bounds Description of Land)
9
.
.
KNOX W, ASKINS
JOHN D. ARMSTRONG
ASKINS & ARMSTRONG, P. C.
AlTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P. 0, BOX 121B
LA PORTE. TEXAS 77572-1218
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
November l4, 1991
Mr. Bill
ARCO Pi Line Company
ARCO ilding
In pendence, Kansas 6730l
Re: ARCO Pipe Line Company
City of La Porte Industrial District
Dear Mr. Heard:
I am pleased to enclose herewith fully executed copy of City of La
Porte Industrial District Agreement with ARCO Pipe Line Company,
together with certified copy of City of La Porte ordinance approving
execution of this Agreement on behalf of the City of La Porte.
Thank you for your kind cooperation in
this matter. .. ~
Y~;;2l(
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosures
cc: Mr. Hugh Landrum
1320 South Loop West, Suite lB
Houston, TX 77054
Mr. Robert T. Herrera
City Manager
City of La Porte
~John Joerns
~~~~stant City Manager
City of La Porte
, ."
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.
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METES AND BOUNDS DESCRIPTION
23.8225 ACRES (1,037,707 SQUARE FEET)
PART OF THE ARCO CHEMICAL COMPANY 100 ACRE TRACT
WITHIN THE LA PORTE INDUSTRIAL DISTRICT
Being 23.8225 acres (1,037.707 square feet) of land situated in
the G~orge B. Mckinstry League, Abstract 47. Harris County,
Tp.x~s, and being out of that certain 100.0000 acre tract of land
~onv~y~d to ARCO Chemical Company by instrument recorded under
File Number M728181 and Film Code 182-70-1786 of the Harris
County Official Public Records of Real Property: said 23.8225
~cres (1.037,707 square feet) of land being more particularly
d~scribed by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found for the northwest corner
of said 100.0000 acre tract. same being the northwest corner of
the herein described tract of land. and being in the east
right-of-way line of Bay Area Boulevard. based on 150 feet in
width:
THENCE N 87-26-12 E 2286.50 feet to a 5/8 inch iron rod found for
the northeast corner of said 100.0000 acre tract, same being the
northeast corner of this tract, and being in the west line of a
Harris County Flood Control District Fee Strip; called Ditch "C..,
Tract 2, recorded und~r File Number 0239800 and Film Code
123-38-0888 of the Harris County Official Public Records of Real
Property:
THENCE S 10-08-23 E 450.79 feet. with the east line of said
100.0000 acre tract. same being the west line of said Ditch "C",
Tract 2. to a S/8 ,inch iron rod set for the southeast corner of
this tract:
THENCE S 87-26-12 W 2358.03 feet to a 5/8 inch iron rod found for
the southwest corner of this tract and being in the west line of
said 100.0000 acre tract. same being the east right-oi-way line
of said Bay Area Boulevard:
THENCE N 01-00-45 W 447.02 feet to the PLACE OF BEGINNING and
containing 23.8225 acres (1.037,707 square feet) of land.
Peter L. Willms
Registered Professional Land Surveyor
Texas Registration No. 1742
Texas Land Surveying Company
P.O. Box 5825 Pasadena. Texas 77508
Job No. 0108-004C-l October 8, 1990
EXHmIT "B"
Page I of 2
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FMC CORPORATION
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EXHmIT "B"
Page 2 of 2
PLAT OF S'JRVEY
100??oo ACRES (4,356,000 SQUARE FEET!
GE~GE B McKINSTRY LEAGlE, A-47
HARRIS COUNTY, TEXAS
TI.'S ~""D 'U.'I('t._' co......"
PO lOa "1$ MSADIIlIA, run ,,_
"toe 110 0101 ' ONA .. '7. ..0
"EXHIBIT A "
.' .TO I~DUSTRIAL DISTRICT AGREE~IEX.
BETWEE~ THE CITY OF LA PORTE
A.~D .
ARCO CHE:-UCAL CO~IPA..\"Y
METES AND BOUNDS DE5CRIP,TION
23.B225 ACRES (1.037.707 SQUARE FEET)
PART OF THE ARCO CHEMICAL COMPANY 100 ACRE TRACT
WITHIN THE LA PORTE INDUSTRIAL DISTRICT
Being 23.8225 acres (1.037.707 square feet) of land situated in
the G~orge B. Mckinstry L~a9ue. Abstract 47. Harris County.
ip.x~s. and being out of th~t certain 100.0000 acre tract of l~nd
~~ny~y~d to ARea Che~ical Co~pany by instrument recorded under
rile Number M728181 and Film Code 182-70-1786 of the Harris
County Official Public Records of Real Property: said 23.8225
~cres (1,037,707 square feet) of land being more particularly
d~scribed by ~etes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found for the northwest corner
~f said 100.0000 acre tract, same being the northwest corner of
the herein described tract of land. and being in the east
right-of-way lin.. of Bay Area Boulevard. based on 150 feet in
width:
THENCE N 87-26-12 E 2286.50 feet to a 5/8 inch iron rod found for
the northeast corner of said 100.0000 acre tract. same being the
northeast corner of this tract, and being in the west line of a
Harr i & County Flood Control Di str ict. Fee St.ri p. ca lied Oi tch "C'..
Tract 2. recorded und~r file Numbe~ 0239800 and film Code
123-38-0888 of the Harris Count.y Official Public Records of Real
Propert.y;
THENCE S 10-08-23 E 450.79 feet.. with the east line of said
100.0000 acre t.ract.. same being t.he west. line of said Dit.ch "C",
TrBct. 2. t.o . S/8 inch iron rod .et for th. southea.t corner of
t.his t.ract:
THENCE 5 87-26-12 W 2358.03 feet. t.o a 5/8 inch iron rod found for
t.he sout.hwest corner of this tract. and being in the west line of
s~id 100.0000 acre t.ract., same being the east. right-of-way line
of said Bay Area Boulevard:
THENCE N 01-00-45 W 447.02 feet. t.o t.he PLACE Of BEGINNING and
containing 23.8225 acres (1.037,707 square feet.> of land.
--------------------------------
~~~
$t~J A~f
po r)eA'L-
Peter L. Willms
Registered Professional Land Surveyor
Texas Registration No. 1742
Texas Land Surveying Company
P.O. Box 5825 Pasadena. Texas 77508
Job No. 0108-004C-1 October 8, 1990
.
.
"EXHIBIT A-l"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
ARCO CHEMICAL COMPANY
City and Company agree that the real property of Company, more
particularly described on Exhibit "A" of this Industrial District
Agreement, is presently unimproved, and unannexed to City, except
for existing "strip" annexations, if any. City and Company further
agree that Paragraph II hereof is hereby amended, to provide that
during the term of this Industrial District Agreement, and for such
period of time that said real property remains unimproved, that
City will not annex said property; provided, however, City reserves
the right to conduct "strip" annexations as may be required by law
in connection with annexation of land other than that owned by
Company. Company agrees to render to City and to pay as "in lieu
of taxes" on Company's said unimproved land, an amount equal to the
sum of 100% of the amount of ad valorem taxes which would be
payable to City if all the herei"nabove described property of
Company had been within the corporate limits of City and appraised
each year by City's independent appraiser.
The provisions of the preceding paragraph hereof shall remain in
full force and effect during the term of this Industrial District
Agreement; provided, however, at such time as Company commences
improvements to Company's hereinabove described real property,
Company shall be entitled to pay an amount "in lieu of taxes" on
Company's land, improvements, and tangible personal property on the
above described property, in accordance with Paragraph II of this
Industrial District Agreeme~t.
Except as amended by the terms and provisions of this Exhibit "A-
1", the terms and provisions of the Industrial District Agreement,
to which this Exhibit "A-1" is attached, shall remain in full force
and effect for the term of this Agreement, expiring on December 31,
2000.
9-1
.
.
"EXHXBXT B"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
ARCO CHEMICAL COMPANY
(Attach P!at 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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.o' TO INDUSTRIAL DISTRICT AGREE~
BETWEE~ THE CITY OF LA PORT~
AXD
ARCO CHE~ICAL COXP~\~
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PLAT OF !'JRVEY
100??oo ACRES I~OOO $QUARE FEET J
GECJtGE B McKINSTRY LE~ A-47
HAARIS COUNTY. TEXAS
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