HomeMy WebLinkAbout93-IDA-08
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Cl.TY OF LA PORTE
PHONE (7131 471.5020 . P. O. BOx I I 15 . LA PORTE. TEXAS 77572
January 27, 1994
Big Three Industries, Ine.
Attn: Mr. Arthur P. Slaughter, Attorney
P.O. Box 3047
Houston, TX 77253-3047
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Slaughter:
A fully executed Industrial District Agreement together with the approval ordinance are
enclosed. While reviewing the documents, we noticed 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.
Thank you for your assistance in completing these documents.
Sincerely,
Q~T,~
Robert T. Herrera
City Manager
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Enclosures
cc Jeff Litchfield, Finance Director
IDA File #IDA-93-08
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> PS Form 3811, December 1991
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SIEi\! !OIER:
o Complete items 1 and/or 2 for edditional services.
o Complete items 3. and 4a & b.
. Print your name and address on the reverse of this form so that we can
return this card to you.
o Attach this form to the front of the mailpiece. or on the back if space
does not permit.
o Write "Return Receipt Requested" on the mailpiece below the article number.
o The Return Receipt will show to whom the article was delivered and the date
delivered.
3. Article Addressed to:
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1. 0 Addressee's Address
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o Express Mail
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7. Date of Delivery 'I.S9~ ~
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DOMESTIC RETURN RECEIPT
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CITY OF LA PORTE
PHONE 17131 471.5020 . P. O. Box 1 115- . LA PORTE. TEXAS 77572
January 11, 1994
Big Three Industries, Inc.
P.O. Box 3047
Houston, TX 77253-3047
Attn: Mr. Arthur P. slaughter, Attorney
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Slaughter:
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: 6<J.~ T. ~
Robert T. Herrera
City Manager
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Enclosures
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NO. 9J-IDA-08 {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered in~o by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and Biq Three Industries, Inc.
, 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 wi thin 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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I.
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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 Qf land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
it is agreed that City shall have the right to institute or
intervene in any administrative and/or jUdicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were
not subject to the Agreement.
II.
In the event that any portion of the' Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined
by the Harris County Appraisal District. The parties hereto
recognize that said Appraisal District has no authority to appraise
the Land, improvements, and tangible personal property in the
un annexed area for the purpose' of computing the "in lieu" payments
hereunder. Therefore, the parties agree that the appraisal of the
Land, improvements, and tangible personal property in the unannexed
area shall be conducted by City, at city's expense, by an
independent appraiser of city's selection. The parties recognize
that in making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein 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 Distric~ rendition
form, or similar form. The properties which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property"). A
failure l:?Y 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 wh~ch 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 th_e Company's Land and improvements which existed
on January 1, 1997, January 1, 1998, January 1,
1999, and January 1, 2000, had been within the
corporate limits of City and appraised each year by
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City's independent appraiser; and
2.' (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new construction,
in excess of the appraised value of same on January
1, 1993, resulting from new construction (exclusive
of construction in progress, which shall be exempt
from taxation), for each Value Year following
completion of construction in progress, an amount
equal to Thirty 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
ipdependent appraiser.
(b) A Substantial Increase in value of the Land and
improvements as used in subparagraph 2(a) above, is
defined as an increase in value that is the lesser
of either:'
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 1993; 'or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing property values have depreciated below
the value established on January 1, 1993, an amount
eq~al to the amount of the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value; and
3. (a) Fifty-percent (50%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year .by the City'S independent
appraiser;
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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of leased e~uipment, . 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 Agr~ement shall extend for a period beginning on the 1st day
of January, 1994, and continuing thereafter until December 31,
2000, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods
of time on or before August 31, 2000, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement. .
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and the
rights of the parties shall be then determined in accordance with
the provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994. .
V.
This Agreement may be extended for an additional periOd or periods
by agreement between City and Company and/or its assigns even
though it' is not extended by agreement .between City and all of the
owners of all land within the District of wh~ch it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
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City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, pIus (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 City in accordance with the
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of CompanY has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any 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
controliing 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 disagre~ment 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 Judge of the u.s. D~strict Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
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. of the difference between the partie~ as to the fair
market value of Company's property for calculation of the
"i,n 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 a'nd subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to/be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity
of assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other la~downer with
respect to an industrial district or enters into a renewal 'of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and city agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs City of
La Porte, civil Action H-89-3969, United states District Court,
Southern District of Texas.
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X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
. Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, .then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part o~ the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 1994.
ATTEST: ~
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Knox W. AskJ.ns
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone:
Fax:
(713) 471-1886
(713) 471-2047
Big ThrF!F! Tnnll!':t-rip!,:,
In~
(COMPANY)
By:
~ -p'~~
Name: Arthur P. Slauqhter
Title: Secretary & General Counsel
Address: 3535 W. 12th Street
Hou~ton. TX 77008
CITY OF LA PORTE
By: 42:~~~
Mayor
By: ~ T. ~____
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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I BIG THREE I
~ AN AIR UOUIDE GROUP COMPANY
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ARTHUR P. SLAUGHTER
Secretary and General Counsel
BY MESSENGER
October 29, 1993
RECEIVED
NDV 4 1993
C/ Ty M
ANAGERS
OFFICE .
Mr. Robert T. Herrera
City Manager
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Re: City of La Porte Proposed Industrial District Agreement
Dated October 22, 1993
Dear Mr. Herrera:
Big Three Industries, Inc., a wholly-owned subsidiary of Air Liquide America
Corporation, and Alphagaz, by and through its authorized agent, Big Three Industries,
Inc., has received and reviewed the City of La Porte's proposed Industrial District
Agreement dated October 22, 1993, for the term January 1, 1994, through December
31, 2000.
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 "A" and Exhibit "B", at the earliest possible date.
This Letter of intent is given by our firm to the City of La Porte at this time, with the
request that the City of La Porte not include our firm's land In any annexation
proceedi ngs.
BIG THREE INDUSTRIES, INC.
3535 W. Twelfth 51., Houston, TX 77008 . P.O. Box 3047. Houston, TX 77253 . Phone (713) 868-0333. Telecopier (713) 868-0320
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Mr. Robert 1. Herrera
October 29, 1993
Page 2
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.
Very truly yours,
BIG THREE INDUSTRIES, INC.
a wholly-owned subsidiary of
Air Liquide America Corporation
for itself and Alphagaz, by and through
its authorized agent and attorney-in-fact
~
Arthur P. Slaughter
Secretary and General Counsel
APS:jh
Enclosures
aR01/Robert T. Herrera/La Porte
OST-29-9~ FRX 15=~1 THE PROPERTY TA~ co.
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THE PROPERTY TAX COMPANY, INC.
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(7.,8) "46-1iU6
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MEMBER
Interll8lionlll ~,~laJian
at Assessing Officers
R.ECEIVEQ'
. . . . . .' . . . '., .O~T 2 '9 1993
. JIIIr. Robert T.. Herrera . . . . C '. .
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~~Lober 29, 1993
DeRr Mr. Herrera:
Please ex.tend ..the.. dead line, for the. return of ~h. indtuJtrial
distl"'ic-t. asreements for Big Three Indus"tx-ies, Al~hasali!l, and.. 0'." _...
P~lme Kquipmen"t Company. We will set.the signed copies to' ,
"";0\1 earl)' next ",eek.!
rhftnk you tor your time and consideration in this mat.ter. If ..
I c:an be of furthflT assistance please call.
Vr.TY truly :rours.
!k;-~~~ =.
Patsy M. Casaretto
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
TO:
FROM:
Robert T. Herrera'~'ty Manager
r .
John Joerns, Assi~ - t City Manager
January 18, 1991 ~
Industrial District Agreement
Big Three Industrial Gas, Inc.
DATE:
SUBJECT:
Attached are two originals of an Industrial District Agreement with
Big Three Industrial Gas, Inc. Apparently after execution by Big
Three it was returned without an Exhibit A. Ordinance 1508
approved Industrial District Agreements with Big Three' - Air
Separation and Big Three - Mixed Gas Labs. I assume that this is
the Big Three Mixed Gas Labs Industrial District Agreement and one
of the contracts that has been missing from the files. Knox
suggests execution and:
* filing one original in the vault,
* and Knox returning the other to Big Three again
asking for an Exhibit A. '
After execution, please return to Charlotte and she will see to
this appropriate routing.
xc: Knox Askins, City Attorney
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ASKINS &.ARMSTRONG, p, C.
ATTORNEYS AT LAW
KNOX W. ASKINS
.JOHN O. ARMSTRONG
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE, TEXAS 77572-1218
TELEPHONE 713 47'-'886
TELECOPIER 713 471-2047
January 11, 1991
'~~ijWlr~
JAN 11 1991
ASST. CITY MANAGER
OFFICE
Mr. .John Joerns
Assistant City Manager
City of La Porte
City Hall
La Porte, Texas
Dear John:
As requested, I enclose herewith two signed duplicate original
copies of Industrial District Agreement between the City of La Porte
and Big Three Industrial Gas, Inc., dated June 1, 1986.
I also enclose copies of my correspondence with Big Three dated
August 25, 1986, and October 16, 1986, and copy of letter from Big
Three to me, dated September 30, 1986, which I think is self
explanatory.
Please advise if I can be of any further assistance.
Yo~rs very truly,
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Knox W. Askins
City Attorney
City of La Porte
KWA:sw
Enclosures
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October 16, 1986
Mr. Arthur P. Slaughter
General Counsel
BIG THREE INDUSTRIES, INC.
P.O. Box 3liJ47
Houston, TX 77253
Dear Mr. Slaughter:
In connection with the City of LaPorte Industrial District Agreements, I have
recievcd the executed Agreements from you for Big Three Industries, Inc.
However, to complete these Agreements, I will need a legal description of your
conpany's plant site.
We can accomplish this either by you sen9ing me xerox. copies of your recorded
deeds, or a surveyor's legal description of the plant site, whichever is most
convenient.
Thank you for your prompt attention to this request.
Yours very truly,
Knox W. Askins
KWA:st
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BIG THREE INDUSTRIES, INC.
P.O. Box 3047
Houston, Texas 77253
Phone: (713) 868-0333
Telex: 77-5805
September 30, 1986
!\]r. Knox W. Askins
City Attorney
City of LaPorte
Post Office Box 1218
LaPorte, Texas 77571-1218
REF: Industrial District Contract
Dear Mr. Askins:
Enclosed are duplicate counterparts of the above referenced agreement
fully executed on behalf of Big Three. Upon execution by the City of
LaPorte, please return one counterpart to the undersigned for the file.
If you have any questions, please feel free to call me directly at
(713) 868-0540.
Very truly yours,
BIG THREE INDUSTRIES, INC.
~e--
Arthur P. Slaughter
General Counsel
APS Isfc
enclosures:
Industrial District Contracts (2)
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August 25, 1986
BIG THREE CORPORATION
c/o Art Slaughter
p.O. Box 3047
Houston, TX 77091
Dear ~~. Slaughter:
I have searched our files, and apparently we never received the Big Three
Industrial District Contracts which you indicated you sent us earlier.
I have enclosed two more blank forms, and I would appreciate your re-signing
these contracts, and forwarding to us as soon as possible. I have made a note in
the City's files that Big Three does wish to renew, so please do not be concerned
wi th the August 31, 1986 deadline date, although we would like to have the
contracts back from you just as soon as possible.
Best regards, I am,
Yours very truly,
Knox W. Askins
City Attorney
City of LaPorte
KWA:st
Enclosures
cc: Jack OWen
Hugh Landrum
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ASKINS &. ARMSTRONG, P. C.
ATTORNEYS AT LAW
702 W, FAIRMONT PARKWAY
P. O. BOX 121B
LA PORTE. TEXAS 77572-1216
TELEPHONE 713 0471-1880
TELECOPIER 713 0471-2047
KNOX W, ASKINS
..JOHN D. ARMSTRONG
January 31, 1991
Mr. Arthur P.
General Co e1
Big Thr Industries, Inc.
P.O. x 3047
Hou on, TX 77253
Re: City of La Porte Industrial District Contract
Dear Mr. Slaughter:
On September 30, 1986, you forwarded to the'City of La Porte,
executed industrial contracts on behalf of Big Three. On October
16, 1986, I wrote you a letter, acknowledging receipt of the
executed contracts, and asking for a legal description of your
company's plant site, to insert on page 1 of the contracts.
I never received the .lega1 description, and would again request that
you furnish us a legal description to complete the contracts.
However, so that each of our files may be complete, I am returning
to you herewith, one copy of the contract fully executed on behalf
of the City of La Porte.
fZj~';;lY~
Knox W. Askins
City Attorney
City of La Porte
Thank you for your cooperation in this matter.
KWA: sw
Enclosure
cc: Mr. John Joerns
~ssistant City Ma'nager
City of La Porte
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Mr. Hugh Landrum
1320 South Loop West, Suite lB
Houston, TX 77054
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(Revised: 06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARB~TRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF ~EXAS
COUNTY OF HARRIS
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THE STATE OF TEXAS
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
Big Three Industrial Gas, Inc.
, a Delaware
corporation, hereinafter called "COMPANY",
WIT N E S S E.T H: That
WHEREAS, it is the established policy of the City Council of the
City of La Porte, Texas, to adopt such reasonable measures from time
to time as are permitted by law and which will tend to enhance the
economic stability and growth of the City and its environs by attracting
the location of new and the expansion of existing industries therein,
and such policy is hereby reaffirmed and adopted by this City Council
as being in the best interest of the City and its citizens: and
WHEREAS, Company is the owner of a certain tract(s) of land more
particularly described in the Deed Records of Harris County, Texas,
in the following Volume and Page references, to-wit:
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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, 'designati'ng' portions of the area 10-
cated in its extraterritorial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinaf.ter collectively called "Dis-
trict," such Ordinances being in compliance with the Municipal 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 A:greement 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 tho
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:
1.
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 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 this Agrement, City does
further covenant, agree and guarantee that such indus.trial district,
to the extent that it covers said land lying w~thin said District and
not now within the corporate limits of City, or to be.. annexed under
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the provisions of Article II hereof, shall be immune fr.om annexation
by City during. the term here~f (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 pl~ts 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 to 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.a. 62l, Acts
of the 65th Texas Legislature, Regular Session, 1979, as amended),
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Industrial District Agreement - 4
the appraised value for tax purposes of the annexed' portion of land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District.
The p~rties hereto recognize
that said District has no authority to appraise ~h-::, 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' s land, improvements, and tangible personal
property in the unannexed area equal to the sum of:
(l) 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
appraiser;
with the sum of (1) and (2) reduced by the amount of City.s ad valorem
taxes on the annexed portion thereof as dete'rmined by appraisal by
the Harris County Appraisal District.
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Nothing herein contained shall ever be construed as in derogation
of the authority of the Harris County Appraisal District to establish
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 f,or 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. 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 I, 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
City to comply with any such additional 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 l, 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 betwe'en. City and all of the
owners of all land within 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.
Company agrees to pay all ad valorem taxes, and all "in lieu
of taxes" payments hereunder, to City on or before December 31 of
each year during the term hereof.
It is agreed that presently the
ratio of ad valorem tax assessment used by City is one hundred percent
(lOO%) 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, improvements, 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 otherwis~ 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
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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,>C'ompany' agrees to pay
to City on or before the date,., therefor hereinabove provi,ded, 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 with the foregoing
provisions of this Agrement on the basis of renditions which shall be
filed by Company on or before March 31 of each year during the term
of this Agreement, with both the City a~d 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 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 apppraiser 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 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 setting
forth what Company believes to be the market. value of Company IS
hereinabove described property.
Both parti~s agree to thereupon
enter into good faith negotiations in an attempt to rea~h an agreement
as to the market value of Company I s property "f~~ II in lieu II 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). Notwithstand~ng any such disagreement by
Company, Company agrees to P?lY 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 lIin lieu II 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 taxesll 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 lO
days, the parties will join in a written request that the Chief
Judge of the U. S. District Court for the Southern District of
Texas appoint the third arbitrator who, (as the II Impartial
Arbitratorll) 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 I s property for calculation of the II in lieu II
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 2~4-238, Vernon's Annot-
ated Revised Civil Statutes of Texas).
Costs of "the arbitration
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shall be shared equally by the Company and, the City, provided
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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 (1) 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.
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 II in lieu of taxes II
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 annexation tract shall be contiguous to a
point on the existing corporate limits of La Parte.
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.
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Industrial District Agreement - 10
IX.
This Agreement shall inure to the benefit: of, and be binding
upon City and Company, and upon Company's successors and assigns,
affiliates and sUbsidiaries, and shall remain in force whether Company
'''\. '.
sells, assigns, or in any other manner disposes .of, either voluntarily
'.
or by operation of law, all or any part of 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.
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; provided,
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 th~s Agreement or
the applicaton thereof to any person, firm, corporat,ion or circum-
'"
stances shall be held by any court of competent juris,diction to be
invalid or un9onstitutional "'for any reason, then the' application,
invalidity or unconstitutionality of sucn 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 lst day of June, 1986.
ATTEST:
Biq Three Industrial Gas, Inc.
(COMPANY)
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Secretary
BY
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Name:
C.H. Glasier
Name: Thomas E. Sands
Title:
Vice President
Address: P.O. Box 3047
APPROVED BY COUNSEL:
Houston, Texas 77253
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ATTORNEY FOR CO PANY
Name: Arthur P ~l ;!l1ght-Ar
Address: P O. Rnx 1047
Hnll~t:nn, Tp-xa~ 772111
Telephone: (71'~) Rf\R...0!:14Cl
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Industrial District Agreement - 12
ATTEST:
Secretary
6~uJ
KNOX W. ASKINS,
702 W. Fairmont
P. o. Box 1218
La.Porte, Texas 77571
Telephone: (713) 471-1886
(Revised: 03/87)
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PORTJ!:
By:
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By: cYl~~ T. \~
Robert T. Herrera" City Manager
CITY OF LA PORTE
P. O. Box '1115
La Porte, Texas 77571
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ORDINANCE NO. 93-IDA-08
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BIG THREE INDUSTRIES, INC.,
FOR THE TERM COMHENCING JANUARY 1, 1994, AND ENDING DECEMBER 31,
200'0; 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.
BIG THREE INDUSTRIES, INC. has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 1994, and ending December 31, 2000, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the' City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 93-IDA-08
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 10th day of January, 1994.
By:
CITY OF LA PORTE
4~
rman L. Malone,
Mayor
ATTEST:
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Sue ie;'es.
City Secretary
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Knox W. Askins,
City Attorney
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CURRENT NAME
PREVIOUS NAME & DATE
Big Three Industries, Inc.
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Industrial District Agreements
Each company I s packet should contain the following:
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A letter offering the agreement and certified copy of ordinance
A letter requesting action / /VO! 5IJ,fer/ h r tm
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Agreement - signed by company. Mayor. RTH. Sue. Knox
Exhibit II A II ,/'
Exhibit II B II - some will not have this item since we kept the only one that was sent-----
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,"EXHIBIT A"
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TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
Qi~ ~hrQQ IRaYE~rie8, IRS.
(Metes and Bounds Description of Land)
9
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METES AND BOUNDS
49.719 acres of land, being located in the Richard Pearsall 1/3 League,
Abstract 625, Harris County, Texas, said 49.719 acres being part of the 154.145
acre tract sold to Big Three Industries, Inc. by General Warranty Deed, dated
February 15, 1973, recorded in File No. D806510, Film Code No. 157-29-0284,
Official Public Records, Harris County, Texas, and being more particularly
described by metes and bound as follows:
BEGINNING at a 5/8 inch iron rod found in the North line of Fairmont Parkway,
being located North 86 deg. 52 min. 45 sec. East a distance of 594.0 feet from
a cooperweld found at the intersection of the East line of Exxon corridor with
the South line of Fairmont Parkway;
THENCE North 86 deg. 52 min. 45 sec. East along and with the South line of
Fairmont Parkway, a distance of 996.82 feet to a 5/8 inch iron rod found set in
concrete for the Northeast corner of the herein described tract, also being the
Northwest corner of a 75.0 acre tract;
THENCE South 01 deg. 00 min. 45 sec. East along and 'iith the West line of said
75.0 acre tract, a distance of 2168.93 feet to a 2 inch iron pipe found for the
Southeast corner of the herein described tract, also being the Southwest corner
of said 75.0 acre tract, in the North line of H. L. & P. Co. 120 foot wide
right-of-way;
THENCE South 87 deg. 25 min. 15 sec. West along and with the North line of said
H. L. & P. Co. right-of-way, a distance of 1005.67 feet to a 5/8 inch iron rod
set for the Southwest corner of the herein described tract;
THENCE North 00 deg. 46 min. 11 sec. West a distance of 2159.77 feet to the
PLACE OF BEGINNING and containing 49.719 acres (2,165,747.80 square feet).
~4c2~
Terry L. Ouellette
Registered Public Surveyor No. 4589
Date: December 12, 1988
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That certain parcel or tract of land containing 6.4312 acres located in the
Richard, Pearsall 1/3 league, Abstract 625, Harris County, Texas; said 6.4312
acres being part of the 154.145 acre tract sold to Big Three Industries, Inc.
by General Warranty Deed, dated February 15,1973, recorded in File No. D8065l0,
Film Code No. 157-29-0284, Deed Records of Harris County, Texas; and more
particularly described by metes and bounds as follows:
Beginning at a copperweld found at the intersection of the South right of
way line of Fairmont Parkway (250.0 feet wide) and the East line of a 200.0 foot
wide Exxon pipeline corridor;
o
Thence North 86 5214511 East, along the South right of way line of Fairmont
Parkway 594.00 feet to an Iron Rod Found for the Northeast Corner of this tract;
o '
Thence South 00 4611111 East 472.02 feet to a Iron Rod Found for the South-
east Corner of this tract;
o
Thence South 86 5214511 West 594.00 feet to a Iron Rod Found for the South-
west Corner of this tract, said point also being on the East line of a 200.0
foot Exxon pipeline corridor;
o
Thence North 00 4611111 West along the East line of said 200.0 Wide Exxon
pipeline corridor a distance of 472.02 to the place of Beginning and contain-
ing within these calls 280,142 Square feet, more or less (6.4312 acres).
Bearings derived from Big Three Industries, Inc. Drawing No. l57-DM-lOOO.
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BEING ONE HUNDRED FIFTY FOUR,AND ONE HUNDRED FORTY
FIVE THOUSANDTHS (154.145) ACRES OF LAND, MORE OR
LESS, OUT OF THE RICHARD PEARSALL 1/3 LEAGUE, ABSTRACT
625, HARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING at Rod 2356 marking the intersection of the
south right-of-way line of Fairmont Parkway, 250 feet
wide, and the west right-of-way line of Bay Area
Boulevard, 150 feet wide;
THENCE S 1 deg. 00' 45' E with the said west right-
of-way line of Bay Area Boulevard 2183.25 feet to Rod
2357 set at the northeast corner of a lO.319-acre
tract described as Tract 3 in Deed from Friendswood
Development Company to Houston Lighting & Power Company
dated March 7, 1968, and recorded in Volume 7146 Page
3750f the Deed Records of Harris County, Texas, said
Rod 2357 replacing a 3/4" reinforcing rod previously
marking said corner;
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THENCE S 87 deg. 26~ 12" W with the north line of said
Tract 3, 1159.10 feet to Rod 2358, replacing a 5/8"
reinforcing rod, said Rod being N 2 deg. 31' 55" W,
170.00 feet from Monument 361 in the common line between
the said Richard Pearsall 1/3 League and the George G.
McKinstry League, A-47;
THENCE S 87 deg. 25' 45" W with the north line of said
'Tract 3, 1943.50 feet to Rod 2359 and a bent 3/4"
reinforcing rod in the east line of a 200-foot wide
pipeline easement;
THENCE N 0 deg. 45' 24" W with the said pipeline ease-
ment 2153.81 feet to a Rod marked "HPL 8" in the
south right-of-way line of Fairmont Parkway;
THENCE N 86 deg. 52' 54" E with the said. south right-
of-way line of Fairmont Parkway 3093.93 feet to the
place of beginning and containing 154.145 acres of
land, more or less;
The herein described 154.145-acre Tract being subject
to the following easement:
BEING A 10-FOOT WIDE POWER EASEMENT, THE WEST
LINE OF WHICH IS COMMON TO AND EXTENDS THE
FULL LENGTH OF THE WEST LINE OF THE HEREIN
DESCRIBED TRACT.
Bearings are referred to North on the Lambert State
Plane Coordinate System, South Central Zone of Texas.
Corner rods are 5/8" x 36" copper coated steel with
1-1/2" bronze caps stamped as designated. Monument
is 4" round concrete with a 3" brass disc marked
"H 361".
The above described land is subject to the following:
(1) That certain Easement created by deed dated
May 18, 1970, from Signal Chemical Company
to Houston Lighting and Power Company,
recorded in Volume 8046 at Page 380 of the
Deed Records of Harris County, Texas.
(2) The terms, provisions., reservations and
conditions of the following described deeds
(the "Prior Deeds") :
(a) General Warranty Deed dated June 26,
1969, from McDonnell Douglas
Corporation to The Sigria1 Companies,
Inc., recorded in Volume 7666 at
Page 559 of the Deed Records of
Harris County, Texas.
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(b)
Gener~Warranty Deed dated June ~,
1969, "om Tauber Oil Company to ~
Signal Companies, Inc., recorded in '
Volume 7664 at Page 272 of the Deed
Records of Harris County, Texas.
(c) General Warranty Deed dated June 18,
1969, from Dunn Properties Corporation
~o The Signal Companies, Inc., recorded
1n Volume 7664 at Page 267 of the Deed
Records of Harris County, Texas.
LESS AND EXCEPT:
75 acres ,of land in the Richard'pearsall
1/3 League, 'Abstract No. 625, Harris Gounty,
Texas, more particularly described as follows
(All' bearings being referred to north on The
Texas Plane Coordinate System" South Central
Zone): '
BEGINNING at an iron .rod' located at
the intersection,of the south line of Fairmont
Parkway 250 ieetin ~idtb with the west line'
of Bay Area Boulevard 150 feet in width;
THENCE S. 1.0' 00' 4511 E. 2182.7 feet
. along the west 'lin~ of Bay Area Boule~ard to
"an iron rod in the north line of the Houston
Lighting " Power Comp~ny right-of-way as
described in deed recorded in Volume 7146,
Page 375 of the Harris C~unty D~ed Recbrds;,
, THENCE S. ,870 i51 45" W. 1159.1
feet: along the north line of said Houston
Lighting & Power Company right-of-way to an
iron rod;
THENCE S. 87025' 1511 W. 343.19
feet along the north line of said Houston
Lighting & Power Company right-of~way to an
iron rod;
THENCE N. 100'0' 4511 W. 2168.32
feet to an iron rQd in the'south line of
Fairmont Parkway;
'l'HENCE N. 86052' 4511 E. .1502.75 feet
along the south line of Fairmont Parkway to the
.PLACE OF BEGINNING.
Being the same property sold by Big Three Industries, Inc. to Goodyear Tire
and Rubber Company, on March 31, 1978, recorded in Folio 191-07-2341
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"EXHIBIT B"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
Big Three Industries, Inc.
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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LUBRIZOL CORP.
237,103 AC, TRACT
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