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HomeMy WebLinkAbout93-IDA-06 '. . ORDINANCE NO. 93-IDA-06 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT' AGREEMENT WITH ARISTECH CHEMCIAL CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; HAKING 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. ARISTECH CHEMCIAL CORPORATION 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 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. . ORDINANCE NO. 93-IDA-06 e 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 loth day of January, 1994. ATTEST: ~L~ Sue Lenes, City Secretary AP~~ Knox W. Askins, City Attorney CITY OF LA PORTE By: ~~e Mayor ~ . CURRENT NAME PREVIOUS NAME & DATE Aristech Chemical Corporation USS Novamont up to 1986 . . ~ . . CITY OF LA PORTE PHONE (7131 471.5020 . P. O. Box 1115 . LA PORTE. TEXAS 77572 January 11, 1994 Aristech 9hemical Corporation Attn: Mr. Michael J. Prendergast 600 Grant street, Room 1170 Pittsburgh, PA 15230-0250 Re: City of La Porte Industrial District Agreement, Effective January 1, 1994. Dear Mr. Prendergast: 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: G<o.l~ T, \~ Robert T. Herrera city Manager RTH:sw Enclosures e . ,... (-) '\J 'OJ (-) t) .. CD > l!! cg J:. ... C o 1:1 cg ... f) 'Ii E o u en en !,Y a: C Q <\ ~ 5. ::J ~ ~ 6. .. ~ o .-.~~~_ _. . ::. PS Form SiJl ii il. December 1 SS 1 ~ ~~~Li:~~~: o Complete items 1 and/or 2 for additional services. o Complete items 3, and 4a & b. o Print your name and address on the reverse of this form so that we can return this card to you. o Attaeh this form to the front of the mailpiece, or on the back if space does not permit. o Write "Return Receipt Requested" on the mailpieee below the erticle number. o The Return Receipt will show to whom the erticle was delivered and the date delivered. 3. Article Addressed to: fln'sk ch Chemica..l (grpor(Li/~1') f1#n! /vir. fl4,cho-e13 f?"ender1"'s (POI) C?ra,,-I:.S tree ( &<<1 1/7 D At'!::, bur!} h J PH /{-:J3 () -b:J)D 7. ._-- "-~-.".......=--....- -...-...,... - o Insured o COD "-oJ' ~ 'in [3-Aeturn Receipt for ::t Merchandise .. Date of Deliv~ ~ ~ ~r- ~ 8. Addressee's Address (Only if requested .ae and fee is paid) fa .J::. to- 2. 0 Restricted Delivery Consult ostmaster for fee. 4a. Article Number p 38() 'JIg cS-, 4b. Service Type o Registered D.Geffified o Express Mail I also wish to receive tb- following services (for an extra 8 fee): .; .. 1. 0 Addressee's Address : a. 'i u CD a: c .. ::l .. CD a: 1l-U.S. GPO: 1893-SS2-714 - DOMEST!C RETURN RECEIPT . . Aristech Chemical Corporation 600 Grant Street Pittsburgh. PA 15230-0250 412/433-7600 ARISTEC~IIIIII Michael J. Prendergast Director - Tax. Human Resources and Intemal Audit December 3, 1993 Mr. Robert T. Herrara City Manager City of LaPorte 604 West Fairmont Parkway P.o. Box 1115 LaPorte, TX 77572-1115 Dear Mr. Herrara: I have enclosed two signed copies of the Industrial District Agreement between the City and Aristech Chemical Corporation along with the requested exhibits. Please contact me if you have any concerns or questions. Sincerely, ?!!::::-;. t=:~ Director-Tax, Human Resources and Internal Audit MJP/irr Aristech Total Performance @ . e '. NO. 93-IDA-o<l { { STATE OF TEXAS { { 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 Aristech Chemical Corporation , a Delaware 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 si te layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the city Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: Revised: October 22, 1993 e e I. \ City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by c~ty during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and.subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene .in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal' or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any p'ortion 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 pr.operty .in the unannexed area f'or 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 contained shall ever be interpreted as lessening the authority of the Harris county Appraisal District to establish the appraised value of Land, improvements, and tangible personal 2 e e property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 1994, and on or before each April 15th thereafter, unless an extension is granted.in accordance with the Texas Property Tax Code, through and including April 15, 2000, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized. officer of the Company authorized to do so, or company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The propert'ies which the Company must render and upon'which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"). A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to- City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 1994, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2000, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to City and pay an amount "in lieu of taxes" on company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. (a) Fifty percent (50%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by City'S independent appraiser; and (b) Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to city if all of the Company's Land and improvements which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City and appraised each year by 3 e e City's independent appr~iser; and \ 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 1993, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City" s i~dependent appraiser. (b) A Substantial Increase in value of the Land and improvements as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of 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 Janu~ry 1, 1993, an amount equal to the amount of the depreciation will be removed from this calculation to restor.e 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 I s tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items 4 e e of leased equipment, . railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City and appraised each year by the City's independent appraiser. wi th the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. \ IV. This Agreement shall extend for a period beginning on the 1st day of January, 1994, and continuing thereafter until December 31, 2000, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2000, the agreement of City not to annex property of Company within the District shall terminate. In that event, 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 th~ District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to 5 e e City on or before the date therefor.he~einabove provided, at 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'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 judgment of a court of competent jurisdiction or as the result of other final conclusion of' the controversy, then within thirty. (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City 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 appraisal made by said, independent appraiser shall be final and controll'ing for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to' the city with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the,notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/ or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher.' 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10. days, the parties will join in'a written request that the Chief Ju~ge of the u.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution 6 . e . of the difference bet~'een 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, 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 penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. . This Agreement shall inure to the benefit of and be binding upon ci ty and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned. and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other la~downer with respect to an industrial district or enters'into a renewal of any existing industrial district agreements after the' effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. This Paragraph shall not apply to any Court ordered extension of the term of the Agreement ordered in Southern Ionics, Inc. vs City of La Porte, civil Action H-89-3969, United states District Court, Southern District of Texas. 7 . e 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, s~ntence, 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. ATTEST: ~ <> Ai) _ City Secretary ~/~ Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (713) 471-1886 Fax: (713) 471-2047 By: By: By: Aristech Chemical Corporation (COMPANY) CITY OF LA PORT~~ ~~~ Mayor G(ot~ T, ~ Robert T. Herrera city Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 . . -- - - - - - - ~ Letter of Intent . . ARISTECHJIIIIII Aristech Chemical Corporation 600 Grant Street Pittsburgh, PA 15230-0250 412/433-2747 Telex: 6503608865 Answer Back: 6503608865MCI UW October 28, 1993 RECEIVED NOV 3 1993 CITY MANAGERS OFFICE ' Mr. Robert T. Herrera [Fax No. (713) 471-7168] City Manager City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 Re: city of La Porte Proposed Industrial District Agreement, Dated October 22, 1993 Dear Mr. Herrera: Aristech Chemical Corporation has received and reviewed the City of La Porte's proposed industr ia 1 district agreement dated October 22, 1993, for the term January 1, 1994, through December 31, 2000. By this Letter of Intent, our firm expresses its agreement to complete, execute and deliver to the City, the City's proposed form of industrial district agreement, with appropriate attachments as Exhibit nAn 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, ARISTECH CHEMICAL CORPORATION lirr Aristech Total Performance Previous A2reement{ s) . e ... .~. . . \. ~~ a~ ,., f;".....:.~'" (Revised: 06/86) NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~ CITY OF LA PORTE ~ 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 UNITED STATES STEEL CORPORATION , 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 attrac.ting 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, Compa~y is the owner of a certain tract(s) of land more particularly described in the Deed Records of. Harris County, 'l'exas, in the following Volume and Page references, to-wit: See EXHIBIT "A" attached hereto. \.A s 5 . -\,- 1\\ 'o..\Y'of' \'-1 Q,U ~ . e Industrial District Agreement - 2 upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted 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. 842, designating portions of the area lo- cated in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas, II hereinafter collectively called IIDis- trict,1I such Ordinances being in compliance with the Municip~l Annex- ation Act of Texas, Article 970a, Vernons Annotated Revised Civil Statutes of Texas; 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 Resolution adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: I. 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 Industrial District Agreement - 3 the foregoing and to the later provisions of elis Agrement, 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 wi thin the corporate limits of City, or to be annexed under the provisions of Article II hereof, 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 of said land, including that which has been heretofore or which may be annexed pursuant to the later provisions 'of this Agreement, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescri- bing 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 judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the same extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate limits of City. II. A portion of the hereinabove described property has heretofore been annexed by City. Company has filed with City, coincident with the execution hereof, its petition to City t.O annex an additional portion of the hereinabove described property, to the end that twenty- five percent (25%) of the total value of the land and improvements hereinabove described shall be annexed to 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), e e Industrial Oistrict 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 Oistrict has no au.thority 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 necessity appraise the entire (annexed and unannexed) land, improvements, and tangible personal property. Company agrees to render and pay full City ad valorem taxes on such annexed land, improvements, and tangible personal pro- perty. Company also agrees to render to City and pay an amount "in lieu of taxes" on company I s land, improvements, and tangible personal property in the unannexed area equal to the sum of: (1) Fifty percent (50%) of the amount of ad valorem taxes which would be payable to City if all of the hereinabove described property which existed on January 1, 1986, had been within the corporate limits of City and appraised each year by City's independent appraiser: and (2) Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City on any increase in value of the hereinabove described property, in excess of the appraised value of same on January 1, 1986, resulting from new construction and new acquisitions of tangible personal property, (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 Industrial District Agreement - 5 e 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 contained shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establi.sh the appraised value of land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. This Agreement shall extend for a period beginning on the 1st day of January, 1987, and continue thereafter until December 31, 1993, 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, 1993, 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 I s property covered by this Agreement, notwithstanding any of the terms and provisions of this agrement, and in such event Company agrees that if the Texas Municipal Act, Article 970a (V. A. T. S. ) , as amended after January 1, 1980, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require ci ty to comply with any such addi.tional restrictions or obligations and the rights of the parties shall be then determined in accordance wi th the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1980. e e Industrial District Agreement - 6 IV. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land wi thin the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreements of the. kind made herein are conducive to the development of existing and future industry and are to .the best interest of all citizens of City and encourage future City Councils to enter into future industrial district agreements and to extend for additional periods permitted by law this Industrial District Agreement upon request of Company or its assigns; provided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agrement. V. of taxes" payments hereunder, to City on taxes, and all "in lieu~ltv -J/tvt(ARY V./ or before-n~~J:lmb&J;.. 31 of 'ftn is agreed that presently the Company agrees to pay all ad valorem each year during the term hereof. It ratio of ad valorem tax assessment used by City is one hundred percent (100%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement shall be subject to all provisions of law relating to determination of value of land, impr.ovements, and tangible personal property, for tax purposes (e.g., rendition, assessment, Harris County Appraisal District review and appeal procedures, court appeals, etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and the amount of "in lieu of tax" payments hereunder, except as otherwise provided in Articles II and VI hereof. VI. (A) In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris e e Industrial District Agreement - 7 County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Nothwithstanding such protest by Company, Company agrees to pay to 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's hereinabove-described property which would be due by Company to City in accordance wi th the foregoing provisions of this Agrement on the basis of renditions which shall be I L~ nAY Ir ~' . filed by Company on or before NarQQ ~l of each year during the term w~ r of this Agreement, with both the City and the Harris County Appraisal District (as the case may be) for that year. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then wi thin thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together wit'.h applicable penal ties, interests, and costs. (B) Should Company disagree with any appraisal made by the independent apppraiser selected by City pursualit 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 appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall e e Industrial District Agreement - 8 also submit to the City with such notice a written statement settin~ forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph (1) of this Article VI (B) . Notwi.thstanding 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 Ci.ty, 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 Sou.thern 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 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, e e Industrial District Agreement - 9 subject only to judicial review as may be available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annot- ated Revised Civil Statutes of Texas). Costs of the arbitration shall be shared equally by the Company and the City, provided that each party shall bear its own attorneys fees. (C) Should the provisions of Article II of this Agreement become impossible of enforcement because of (I) the invalidity 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 Harris 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: anything to the contrary in this Agreement notwithstanding. VII. Ci ty shall be enti.tled 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. Company agrees to provide to City at Company's expense, a survey plat and field note description of the land and improvements which Company petitions to be annexed in accordance with the' provisions of Article II above. Such annexa.tion 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 benefi.t of and be binding upon City and Company, and upon Company I 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 wi thin 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. x. If City enters into an Agreement with any other landowner 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: provideCl, however, City reserves the right to enter into such agreements or renewal agreements with other landowners not covered by existing agreements, containing a percentage of ad valorem taxes more favorable to the landowner than that contained in Paragraph II, Subparagraph 3 (2) hereof, and Company and its assigns shall not have the right to amend this agreement to embrace the more favorable percentage of ad valorem taxes contained in such agreement or renewal thereof, than that contained in Paragraph II, Subparagraph 3 (2) hereof. City may extend more favorable terms to landowners covered by existing contracts only to the extent such favorable terms apply to any increase in value of the hereinabove described property, in excess of the appraised value of same on January 1, 1986, as described in Paragraph II, Sub- paragraph 3 (2) hereof. e e Industrial District Agreement - 11 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 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 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 said land shall terminate. ENTERED INTO this 1st day of June, 1986. ATTEST: UNITED STATES STEEL CORPORATION (COMPANY) ::me~~a~ ~-IL~~ Asst. Secretary Name: Stuart C. Gaul Title: President. USS Chemicals Division Address: 600 Grant Street APPROVED BY COUNSEL: Pittsburgh. Pennsylvania 15230 ~~/--d~ A rORNEY FOR COMPA Name: Stuart C. Gaul. Address: 600 Grant Street Pittsburgh, Pennsylvania 15230 Telephone: LI12/433-2999 e Industrial District Agreement - 12 AT'rEs'r: ~!l,~J~~t&d:/ Cherie Bla6k, City Secretary APPROVED BY COUNSEL: KNOX W. A KINS, City Attorney 702'West Fairmont Parkway Post Office Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 (Revised: 06/86) e CITY OF LA PORTE BY BY )I, ?21!?, ?1~~~ Norman Malo e, Mayor CITY OF LA PORTE Post Office Box 1115 La Porte, Texas 77571 'e e USS CHEMICALS DIVISION LAPORTE PLANT ACRES DESCRIPTION RECORDED Schedule A 15.7528 Pt. Lots 36.37 & 38 Vol. 75, p.22 Strang Sub-Division Deeds Records Harris County, TX Schedule B Pt. Lots 33.3" & 35 Vol. 1196. p.725 Strang Sub-Division Pt. Lots 36,37 & 38 Vol. 75. p.22 Pt. TJO t s 9.10.11.12. 13,14 &.15 Blackwell Sub-Division Vol. 83, p.343 135.6833 Vol.. 1322, p.350 151.4361 -- I, . (. , " EXHIBIT II A" ~ " \. \. e e SCHEDULE B Description of the Property The parcel of land referred to in the foregoing document is ituated in the State of Texas, County of Harris and is described 5 follows: That tract of land containing 135.6833 Acres being part of ,nd out of Lots 33, 34, 35, 36, 37 and 38, Strang Subdivision, as ler map or plat of said subdivision recorded in Volume 75, Page 2, and Volume 1196 and Page 725 of the Deed Records of Barris ounty, Texas and also part of and out of Lots 9, 10, 11, 12, 13, 4 and 15, Blackwell Subdivision of Perry's 307 Acres as per map ,r plat of said Subdivision recorded in Volume 83, Page 343 and 'olume 1322, Page 350 of the Deed Records of Harris County, Texas ind being more particularly described by metes and bounds as :ollows: --- Beginning at a 1/2 inch iron pipe on the northerly line of :trang Road, 60 feet wide at the southwest corner of the herein lescribed tract of land said point being S 890 58' 57" W, a ,istance of 114.80 feet from a Texas Highway Department concrete lounument at the intersection of the northerly line of Strang .oad, 60 feet wide, and the northeasterly line of State Highway 25, 370 feet wide; thence N 000 01' 18" W, along the east line if Lot 32 and the Nettie H. Moody tract of land described in deed 'ecorded in Volume 2217, Page 66 of the Deed Records pf Harris :ounty, Texas, on the westerly line of Lot 33, a distance of 1537.2q feet to a 5/8 inch iron rod marking an interior corner, ,aid point being on the northerly line of an abandoned 20 foot :ight-of-way per Document File No. E 621007 and Microfilm No. 132-01-0959 of the Real Property Records of Harris County, Texas; :hence N 890 58' 31" W, along the northerly line of said 20 foot ride abandoned right-of-way, a distance of 61.75 feet to a 1/2 .nch iron rod marking a corner; thence N 000 07' 00" W, a listance of 1187.32 feet to a 5/8 inch iron rod on the southerly .ine of the T. & N.O.R.R. right-of-way, 40 feet wide; thence S 190 58' 31" E, along the southerly line of the said T & N.O.R.R. "ight-of-way, and following a line parallel to and 40 feet south )f the north line of Enoch Brinson Survey, a dist~nce of 2335.36 :eet to a 5/8 inch iron rod marking the beginning of the curve to ~he right; thence in a southeasterly direction, along the said :urve right-of-way line of T & N.O.R.R., with a radius of 457.68 :eet, central angle of 890 52' 23"', an arc distance of 717.91 :eet to a 5/8 inch iron rod marking the end of the curve; thence ) 000' 06' 05" E, along the west line of the T. & N.. O.R. R. right- )f-way, passing the north line of the Strang Subdivision and the ;outh line of the Blackwell Subdivision at 750.64 feet, in all a iistance of 910.28 feet to a 5/8 inch iron rod marking a corner; 84 . t EXHffiIT "A" . I i . '. .' .-. ..-- ("'- ... '" ..:_....~ --_:.. '--'_"'. ~~':"_~~'~_.~('\:.~~:""'::~:.:i~ ~;~)~: ' . . e . 'r . ._.a__._.. '.'~:..~-J ..' .thence N 890 58' 31" W, a 'distance of 1147.66 feet to a 5/8 inch iron rod marking an interior corner; thence 5 000 07' 00" E, a distance of 1357.40 feet to a 5/8 inch iron rod on the northerly line of the aforementioned Strang Road; thence N 890 58' 57" W, along the northerly line of Strang Road, a distance of 1584.77 feet to the point of beginning of the tract-containing 135.6833 . I Acr'es, D..e"irig....~he..'-s.ame..:pro.pe.i:ty.i:."described~~':[n."l:two''t"d'eeds. from David M. Cummings, Jr. to the Company, .the'-first~ dated August. 14, 1975-, filed for record under Harris County Clerk's File Number E 514104 and eovering...'..1.0.0-acres.=-of.....!"an-d "'inore'-or- 'les~, and the. second dated MaY~10"'" 1977,' filed for record under Barris County Clerk's File Number F 138180 and coverin.g~..35-a.cre.s.of"""'lan.d.;'. more 'or' less. j J I I I I I I m I. m m [. 85 r .I .., EXHIBIT "A" ~...,,. ,,'23. "0457.68' L 0717.91' . to PROPOSED I" PIPELINE S.P. R.R. 1'-1-1-1-1--'- ....~. f H"'. 5.,' ".w=- 00.01' of " ' \\.. . . Jlif3 ar - - AIR PRODUCTS a CHEMICALS INC. ALLENTOWN , I'll. '8" NITROGEN a 2 ~2" HYDROGEN LOCATED ON EXIST. AReo PIPELINE 3' N8S.II'W 12..85 ' N .. ;z TRACT no . 0 35 At. I~ ~ HARRIS co. FILE NO. 'DII80 I: 2 Z 310 t!!! ,.; ~ NOVA MbNT (CC!lIBIN€O) , rll ~ o III l."ose':!I"t 11.74' U. S.S. - 3~ At. '" ... ....i ..I ': III 'b .0 ,.. o . ~ -e!!~5!!- ~ ~ H 8 ~ 4 t.69 .. E )1 " ~ ,. ~ ". .. ... .., N ,.. N :- TRACT ONE 100 M:. , HARRIS to: "U N~. EIl14'04 C ItJ ~ t- t- c.J1I'l:5 ItJco.. -1%0 IIICla: cn...Ja.. '. ~ .. . I o o "" o . o z .. N ,.; ... .. NOVAMONT INC PROPER TY MlPUlD " LINE TECHNOLOGISTS 1 INC. P.O. lOX 22141 HOUSTON, TEXAS 77027 ~H... .IC-1282- 5258- leaL' = 400 u.s.s. PIPE DATE - hm.. --I - t.;;; "J IOI':l~'6" DolT J .J 0'" . . eo4 U~~,T A I I I I o o '" 4".7 7 RD. E STRANG "-.' su III . !!! o . o .. ck.' FORM NO. T.eOI ,'OR USE: ~ITlI "~RIol T.' O\',INEn 0.111ol T-2 IolORTC"CEE: rOLlcr!:9 e ,. 5 CH EDU LE A-Continued Delcd plion of land: The land referred 10 in aJli. policy i. described 85 f oJJow.: '. . Part of Lots 36, 37 and 38 out of the S~lG SUBDIVISION, according to the !~p or Plat thereof, recorded in Vol~e 75, Page 22, Deed Records, Barris Coun~, Texas, described by l-Jetes and Bounds as follows: cmn-lENCING at a 5/8 inch iron rod found marking the nortlu.rest corner of the u.~OCR BRINSO~ SURVEY A-5 and being in the east line of 150 foot H L & P FEE SmI.t'; THENCE, South 000 01' 18" East along the west line of s'aid EKOCR BRINSON' SURVEY and the east line of said H L & P fee strip, at 94.41 feet passing-a 5/8 inch iron rod, in all a distance of 1231.1i'feet to a 5/8 inch iron rod set in the centerline of a 20 foot wide road as abandoned under County Clerk's File ~umber E-621001. to a point for corner; THENCE, South 890 58' 31" East along said centerline of abandoned road a distance of 1130.58 feet to 5/8 inch iron rod for corner; THENCE, South 000 01' 18" East a distance of 10.00 feet to a 5/8 inch rod said rod marking the coomon north corner of Lots 31 and 32 of the aforementioned STRANG t ;UBDIVISION; THENCE, South 890 58' 31" East along the north line of said STRANG SUBDIVISION and the south line of previously said 20 foot wide abandoned road, a distance of 2088_85 feet to point for corner; THENCE, South 000 07' 12" East a distance of 160.14 feet to a S/8 inch :tron rod set marking the northwest corner and PLACE OF BEGINNING of the herein described tract; . THENCE, Continuing south 000 07' 12" East a distance of 1356.65 feet to a 5/8 inch iron rod set for corner in the north right-Of-way line of S'IRA.."'\G ROAD (based on a vidth of' 60 feet); . . THENCE, South 890 58' 51" East along ~he north line of STR.-\..~G ROAD a distance of 60 feet to a 5/8 inch ~r~n rod set for ~rner; THENCE, North 000 07' 12" West a distance of 800.59 feet to a 5/8 inch hon rod set for interior corner of herein described tract; I, THENCE, East a distance of 1087.51 feet to a 5/8 inch .iron rod set for corner in the west line of a T. & N. o. R. 'R. CO}~ANY 40 feet right-of-~ay; THENCE, North 000 06' 05" West, along the west line of the said T. & N. O. R. R. COMPA.LW. right- of-way a distance of 556.08 feet to a 5/8 inch iron rod set marking the northeast ~orner of the herein described tract; THENCE. West a distanc:e of 1147.69 feet to the PLACE OF BEGI~"XING of the herein described t ra c: t ~~X\I;"a:~~;'~~I}?-~~~.~~:a,~_~t~~~ of ~ :~and t (<& . " EXHIBIT "A" .. ". .. -' CITY OF LA PORTE PHONE (7131 471-5020 . P. O. Box I I 15 . LA PORTE. TEXAS 77572 January 27, 1994 Aristech Chemical Corporation Attn: . Mr. Keith Woerner 600 Grant Street, Room 1170 Pittsburgh, P A 15230-0250 RE: Industrial District Agreement (IDA) Exhibits Dear Mr. Woerner: 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 found that only one (1) complete set of Exhibits "A" and "B" was furnished. The City has retained these exhibits for filing with its copy.of the Industrial District Agreement. We trust that you will secure Exhibits "A" and "B" to complete your copy of the Industrial District Agreement Also, Exhibit "B" does not indicate previously annexed property, if any. If you have available to you a plat that depicts previously annexed property, please forward to complement the submitted site plan. If you do not, please notify me. If necessary, we will be able to research City records to identify previously annexed areas. Exhibit "B" is new to the Industrial District Agreements. In the past, the City has not had a complete and cohesive map of the extraterritorial jurisdiction (ETJ) with participants in the Industrial District Agreements delineated. It is our intent to use this exhibit as a base for developing such a map. We also feel that these exhibits will assist in monitoring the faithful perfonnance of the Industrial District Agreements as well as aiding long-range p~anning activities and in some instances responding to emergency situations within the ETJ. If you do not have this information, cannot readily develop it, or need to discuss this request, please contact my Assistant City Manager John Joerns. Thank you for your assistance in completing these documents. Sincerely, G{~ T. ~ Robert T. Herrera City Manager RTH/cjb Enclosures cc Jeff Litchfield, Finance Director IDA File #93-IDA-06 ... . . . ... ....OJ.... -'. -J~"C- . '" .... . -... -..,. ........-.-... . -. ()IV . . . .~, .. co>> :.t.. ..:......... . .-'-->. ". . - .... . ..... -.... . .... -. " '.~'-~ .:......._.~.":..........~,. .~.......-.~......._. ...-....- ---~.... ::--. ...... ...................-:..._...._._..~~-~.... Industrial District Agreements Each company's packet should contain the following: /" ~ A letter offering the agreement and certified copy of ordinance A letter requesting action ,t/ I -;J 1 /I- r'.8 . ;'I 0. ,. V -../ .........- L./ t...-/ Agreement - signed by company. Mayor. RTH. Sue. Knox Exhibit II A II . V- Exhibit II B II - some will not have this item since we kept the only one that was sent L- o~ (fY'J- ~ +~~ (;~~ ~ ~.,~) . --_.._......._.....~....:;_.._..~~~' ..-.~...::-.:::._~...~..:~~~_.:...::~;!-:.~:..;,-..:.:"" ":;:... ....: .:...-.---- -......:........--.- . ': -;.: "~"" -:. -', :;"'.~-.:.: .- '--"'''''. '-'--. -.-......., '..", .':.,- ~.,_.,,-.,..~--:...-.--:-'.~._.~;..''':....,.;.t"''_.-....~.':-~.-....._....""~~......~"...-f-'-.......~,.,,...,,...... ,'-~:r,....--~~--:-""""-:-____,,,,__,,, .. '. _,., .. ....".: "- : ......:. :-"}........-.......-....:........::....t .......J' .::..-....'- .:...:.:.::-:.~..:...~;;;.....;",..._.~~:.::~.:.~;::~.;. .-.._. . h . . . ,....:...-C-I.;-.~ ~.;.~..._.:'"... _.....:... ...~:. .: 1.......:,..:.;..:-: .. . .. ~...... p.. .......... . ~ ;.. ~. ......~".~..-- ..... .......-.......-.-- .....- --', ".' '-.' ..~_... .. , . . -.----- . e "EXHIBIT A" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND Aristech Chemical Corporation (Metes and Bounds Description of Land) (See Attached) 9 ! ; ~ 11 \ EXHIBIT A .' . . DEED WITHOUT WARRANTY - LaPORTE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY KNOW ALL MEN BY THESE PRESENTS: That USX Corporation, a Delaware corporation (hereafter sometimes called "USX"), having an office at 600 Grant Street, Pittsburgh, Pennsylvania 15230, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration paid to USX by ARISTECH CHEMICAL CORPORATION, also a Delaware corporation (hereafter sometimes called "Grantee"), having a place of business on the 28th Floor, 600 Grant Street, Pittsburgh, Pennsylvania 15219, the receipt of which is hereby acknowledged, has granted, sold and conveyed and by these presents does grant, sell and convey to Grantee, its successors and assigns, the following two parcels of land in Harris County, Texas: PARCEL A Part of Lots 36, 37 and 38 out of the STRANG SUBDIVISION, according to the Map or Plat thereof, recorded in Volume 75, Page 22, Deed Records, Harris County, Texas, described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found marking the northwest corner of the ENOCH BRINSON SURVEY A-5 and being in the east line of 150 foot H L & P FEE STRIP; THENCE South 000 Ol' 18" East along the west line of said ENOCH BRINSON SURVEY and the east line of said H L & P fee strip, at 94.47 feet passing a 5/8 inch iron rod, in all a distance of 1237.17 feet to a 5/8 inch iron rod set in the centerline of a 20 foot wide road as abandoned under County Clerk's File Number E-62l007, to a point for corner; THENCE South 890 58' 31" East along said centerline of abandoned road a distance of 1130.58 feet to 5/8 inch iron rod for corner; THENCE South 000 Ol' 18" East a distance of 10.00 feet to a 5/8 inch rod said rod marking the common north corner of Lots 31 and 32 of the aforementioned STRANG SUBDIVISION; THENCE South 890 58' 31" East along the north line of said STRANG SUBDIVISION and the south line of previously said 20 foot wide abandoned road, a distance of 2088.85 feet to point for corner; THENCE S'''Jth 000 07' 12" E.st a distance of 160.14 feet to a 5/8 inch iron rod set marking the northwest corner and PLACE OF BEGINNING of the herein described tract; THENCE continuing south 000'07' 12" East a distance of 1356.65 feet to a 5/8 inch iron rod set for corner in the north right-of-way line of STRANG ROAD (based on a width of 60 feet); THENCE South 890 58' 57" East along the north line of STRANG ROAD a distance of 60 feet to a 5/8 inch iron rod set for corner; 330li CLS/b1s 12/2/86 " . e THENCE North 000 07' 12" West a distance of 800.59 feet to a 5/8 inch iron rod set for interior corner of herein described tract; THENCE East a distance of 1087.51 feet to a 5/8 inch iron rod set for corner in the west line of a T. & N. O. R. R. COMPANY 40 feet right-of-way; THENCE North 00. 06' OS" West along the west line of said T. & N. O. R. R. COMPANY right-of-way a distance of 556.08 feet to a 5/8 inch iron rod set marking the northeast corner of the herein described tract; THENCE West a distance of 1147.69 feet to the PLACE OF BEGINNING. Containing 15.7528 acres of land. PARCEL B Field notes covering a tract of land containing 100 acres, more or less, being part of and out of Lots 33, 34, 35, and 36, Strang Subdivision, as per map or plat of said Subdivision recorded in Vol. 75, Page 22, and Volume 1196, Page 725 of the Deed Records of Harris County, Texas and being also part of 'and out of Lots 12, 13, 14, and 15, Blackwell's Subdivision of Perry's 307 Acres, as per map or plat of said subdivision recorded in Volume 83, Page 343, and Volume 1322, Page 350, of the Deed Records of Harris County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 3/4 inch iron rod on the northerly line of Strang Road at the southwest corner of the herein described tract of land, said point being S 890 58' 57" E a distance of 114.80 feet from a Texas Highway Department concrete monument at the intersection of the northerly line of Strang Road, 60 feet wide, and the northeasterly line of State Highway 225, 370 feet wide; THENCE S 890 57' 59" E along the northerly line of Strang Rd. a distance of 1384.77 feet to a 1/2 line iron rod for corner; THENCE N 00 07' 00" W, at 1517.04 feet pass the southerly line of a 20-foot wide dedicated road, in all a total distance of 2,724.36 feet to a 1/2 inch iron rod for corner; THENCE N 890 58' 31" W, along the south line of the T. & N. O. R. R. right-of-way, 40 feet wide, and following a line parallel to and 40 feet south of the north line of the Enoch Brinson Survey a distance of 1644.00 feet to a 1/2 inch iron rod for corner; THENCE S O. 07' 00" E a distance of 1,187.32 feet to a 1/2 inch iron rod for corner in said 20-foot wide dediCwtec! rO!ld; THENCE S 890 58' 31" E along the northerly line of said 20-foot wide dedicated road a distance of 61.74 feet to a point for corner; THENCE S 00 01' 18" E along the Nettie N. Moody tract of land described in deed recorded in Volume 2217, P.ge 5 of the Deed Records of Barris County, Texas, on the westerly line of Lot 33, on the easterly line of Lot 32. a distance of 1537.24 feet to the PLACE OF BEGINNING. 330li CLS/bls 12/2/86 LaPORTE - 2 - . e , \ SUBJECT, with respect to Parcels A and B, to all restrictions, covenants, conditions, rights, interests and estates of record and easements, rights of way and utility easements w~ether or not of record to which USX's rights are subject. The source of title to PARCEL A is the deed from Selected Land, Ltd. to USS Novamont, Inc. dated July 3, 1980 filed for record in the Official Public Records of Real Property of Harris County, Texas under County Clerk's File No. G592578 and recorded under Film Code No. 161-89-0604 of the Official Public Records of Real Property of Harris County, Texas. The source of title to PARCEL B is the deed from David M. Cummings Jr. to Novamont, Inc., a Delaware corporation, dated August 14, 1975 and filed for record in said records under County Clerk's File No. E5l4l04 and recorded under Film Code No. 125-11-2297 of said records. By Restated Certificate of Incorporation filed in the office of the Secretary of State of the State of Delaware on July 19, 1979 Novamont Corporation changed its name to USS Novamont, Inc. By Certificate of Ownership effective December 31, 1981 filed in the office of the Secretary of State of the State of Delaware, USS Novamont, Inc. merged into United States Steel Corporation, a Delaware corporation. By Certificate of Ownership and Merger dated July 9, 1986 between United States Steel Corporation (a Delaware corporation), and USX Corporation (also a Delaware corporation and a wholly-owned subisidiary of said United States Steel Corporation) and filed on July 9, 1986 in the office of the Secretary of State of the State of Delaware, USX Corporation was merged into United States Steel Corporation, which in the process changed its name to USX Corporation. This merger and change of name were evidenced by an amended Certificate of Authority issued to USX Corporation on July 14, 1986 by the Secretary of State of the State of Texas. To have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging, unto said Grantee, its successors and assigns forever. USX Corporation conveys the foregoing to Grantee of title of any kind, express, implied or other and shall Grantee, its successors and assi~ns, for any title defect encumbrances on the title to, the foregoing. Witness the due execution on this '::jib day of iJ...... ~(f. 19.(. USX CORPORATION without warranty not be liable to in, or lien or ATTES~: ~~ Assistant Secretary / . /,., (., .' I ~ ~ '" By /.'. Senior Vice President-Finance ,.- .' ,.f . . , . . . .... ..., ." I , _.ftl......_ ..,,'''Jo.~ T..PORTE - 3 - .-I" .. . . e . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF ALLEGHENY This instrument was acknowledged before me on December 4 1986, by W. E. Iewellen , Senior Vice President-Finance of USX Corporation, a Delaware corporation, on behalf of said corporation. Given under my hand and seal of office. ~/ I . ....... .. I oJ. I Notary Public in and for Allegheny County, Pennsylvania '... :".:01:". :....~o: ..:........ t.11~iL /::'P~~" :~:-::o o"~~i~.I::.~."~:~~.~I:' "'y t..:~ -.:' . E:, .r~;'~.: . : !. ,....: 3301i CLS/bls 12/2/86 LaPORTE - 4 - . . e . 1! \ "EXHIBIT B" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND Aristech Chemical Corporation (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.) (See Attached) 10 t:r::l >< ::c H txl H 1-3 txl N USI OiEIIIC:AL - - - - "-A a1DllCAUl - - - ::- ~sr~~ - LAPORTE, TEXAS GENERAL PLANT LAYOUT c :SCALE, 1.=400' 0 .. .., I ... o o OJ .. I ... ~ "-'IN SUBSlAlIlII I.I!DUIRED I'RlIPEIm 'IN .All,. 11110 .. POWER 5-118'-IlIl'-31"E E!&!m!I.C" _SIIIISTAnllN .I.1I'JI '-+PRDPEATY L1Nf: ~""'IllI'-.31"W I:UU' INTlRSlAl"f: co. o ~ .. I ... "'-! .....-t- PRllPDlTY UNE '- FENCf: .~ ~I~ Ii !I!. ells fll fl t...... """ . ~ j- SlRNlC ROAD o o o .. I ... . B < ~ C-. a ...--:. - 3 -. -s :c '" ....J FIRE WA TiR . BQ1SIS D o IG i ... o o .. i ... co. THf: UPJOHIl o o OJ I D o . I ... Of" COORDINAm - ~ OJ J Ii .1 D I z w z :l ~ Ci ~ '" L \ =N D o .. o "-3200 N-2I00 N-240!) N-llioo 200 N-IIOO N-~OO lHOO 5-400 o ~ I ~ N- Aristech Chemical Corporation 93-IDA-Q6 Exhibit B e e