HomeMy WebLinkAbout93-IDA-06
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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.
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ORDINANCE NO. 93-IDA-06
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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:
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Sue Lenes,
City Secretary
AP~~
Knox W. Askins,
City Attorney
CITY OF LA PORTE
By: ~~e
Mayor
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CURRENT NAME
PREVIOUS NAME & DATE
Aristech Chemical Corporation
USS Novamont up to 1986
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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
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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:
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DOMEST!C RETURN RECEIPT
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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
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NO. 93-IDA-o<l {
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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 Aristech Chemical Corporation
, a Delaware corporation, hereinafter
called "COMPANY"
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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
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City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by c~ty during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and.subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
it is agreed that City shall have the right to institute or
intervene .in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal' or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were
not subject to the Agreement.
II.
In the event that any 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
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property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 1994, and on or before each April 15th
thereafter, unless an extension is granted.in accordance with the
Texas Property Tax Code, through and including April 15, 2000,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized. officer of the Company authorized to do so, or company's
duly authorized agent, (the Company's "Rendition"). Company may
file such 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
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City's independent appr~iser; and
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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
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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.
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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
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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
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. 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.
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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, 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: ~
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City Secretary
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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~~
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Mayor
G(ot~ T, ~
Robert T. Herrera
city Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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Letter of Intent
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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)
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(Revised: 06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
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CITY OF LA PORTE ~
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.
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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
.
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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),
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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
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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.
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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
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Industrial District Agreement - 7
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have 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
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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,
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Industrial District Agreement - 9
subject only to judicial review as may be available under the
Texas General Arbitration Act (Articles 224-238, Vernon's Annot-
ated Revised Civil Statutes of Texas). Costs of the arbitration
shall be shared equally by the Company and the City, provided
that each party shall bear its own attorneys fees.
(C) Should the provisions of Article II of this Agreement
become 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
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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.
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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
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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
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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
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EXHIBIT II A"
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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
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EXHffiIT "A"
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.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.
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EXHIBIT "A"
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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
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FORM NO. T.eOI
,'OR USE: ~ITlI "~RIol T.' O\',INEn 0.111ol T-2 IolORTC"CEE: rOLlcr!:9
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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
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EXHIBIT "A"
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-'
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
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Industrial District Agreements
Each company's packet should contain the following:
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A letter offering the agreement and certified copy of ordinance
A letter requesting action ,t/ I -;J 1 /I- r'.8 . ;'I 0. ,.
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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-
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"EXHIBIT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
Aristech Chemical Corporation
(Metes and Bounds Description of Land)
(See Attached)
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EXHIBIT A
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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
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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
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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~:
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Assistant Secretary
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By /.'.
Senior Vice President-Finance
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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.
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Notary Public in and for Allegheny
County, Pennsylvania
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3301i CLS/bls 12/2/86 LaPORTE
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"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)
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LAPORTE, TEXAS
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93-IDA-Q6
Exhibit B
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