HomeMy WebLinkAbout93-IDA-09
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ORDINANCE NO. 93-IDA-09
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH THE DOW CHEMICAL COMPANY, FOR
THE TERM CODENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJEqT;
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.
THE DOW CHEMICAL COMPANY has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 1994, and ending December 31, 2000, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and sUbject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the 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-09
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.
CITY OF LA PORTE
By:
/irn-~~
o an L. alon,
Mayor
ATTEST:
~,~
Sue enes,
City Secretary
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City
CURRENT NAME
Dow Chemical Company
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PREVIOUS NAME & DATE
Upjohn up to 1986
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CITY OF LA PORTE
PHONE (713) 471.5020 . p, 0, Box 1 1 15 . LA PORTE. TEXAS 77572
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January 11, 1994
Dow Chemical Company
A.P.B. Building
Freeport, TX 77541
Attn: Wendell Westlake, Tax Dep~rtment
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Westlake:
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<.~ T. ~
Robert T. Herrera
City Manager
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Enclosures
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'ii) . Complete items 1 and/or 2 for additional services.
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~ . Attach this form to the front of the mailpiece, or on the back if space
does not permit,
1! · Write "Return Receipt Requested" on the mailpiece below the article number,
... . The Return Receipt will show to whom the article was delivered and the date
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4a. Article Number a: ,
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NO. 93-IDA-~ {
{
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 THE DOW CHEMICAL COMPANY
, a Delaware corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of th~ 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, a'nd such policy is hereby reaffirmed and
adopted by this city Council as being in the best interest of the
city and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of .La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the city of La Porte, said land being
'legally described on the attached Exhibit "A" (hereinafter "Land");
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed
by the City of La Porte; and
WHEREAS, city desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
Revised: October 22, 1993
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city covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, city does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by c~ty during the term hereof (except as hereinafter
provided) and shall have no right to' have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes; or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
it is agreed that City shall have the right to institute or
intervene in', any administrative and/or jUdicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were
not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property'.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined
by the Harris County Appraisal District. The parties hereto
recognize that said Appraisal District has no authority to appraise
the Land, improvements, and tangible personal property in the
unannexed area for the purpose of computing the "in lieu" payments
hereunder. Therefore, the parties agree that the appraisal of the
Land, improvements, and tangible personal property in the unannexed
area shall be conducted by City, at city's expense, by an
independent appraiser of City's selection. The parties recognize
that in making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannex~d) 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 rend~tion
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 by Co~pany 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 wquld be payable to city if all of the
company's Lapd and improvements which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by city's independent
appraiser; and
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City if all
of the Company's Land and improvements which existed
on January 1, 1997, January 1, 1998, January 1,
1999, and January 1, 2000, had been within the
corporate limits of City and appraised each year by
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City's independent appr~iser; and
2. (a) .On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new construction,
in excess of the appraised value of same on January
1, 1993, resulting from new construction (exclusive
of qonstruction 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 January 1, 1993, an amount
equal to _ the amount of the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value; and
3. (a) Fifty-percent (50%) of the amount of. ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by the City's independent
appraiser;
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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of leased equipme~t, ,railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1997, January 1, 1998, January 1, 1999,
and January 1, 2000, had been within the corporate
limits of City and appraised each year by the City's
independent appraiser.
wi th the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement, shall extend for a period beginning on the 1st day
of January,. 1994, and continuing thereafter until December 31,
2000, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods
of time on or before August 31, 2000, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement. .
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is. amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
state of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on city in connection therewith after the annexation
of such land, Company will waive the right to require City to
comply with any such additional restrictions or obligations and the
rights of the parti~s 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 Ci ty and Company and/ or its assigns even
though it' is not extended by agreement betwe~n City and all of the
owners of. all land within the District of which it.is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by city or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
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City on or before the date therefor 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 City in acco~dance 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 ~f 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 ~as 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. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
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, . of the difference between the parties as tb 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 sh~ll then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Articles 224-238, Vernon's
Annotated Revised Civil statutes of Texas). Costs of the
arbitration shall be.shared equally by the Company.and
the city, provided that each party shall bear its own
attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as. this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity
of assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other la~downer with
respect to an industrial district or enters into a renewal of any'
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement,_ Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs City of
La Porte, civil Action H-89-3969, United states District Court,
Southern District of Texas.
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X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality'of
such words, phrase, clause, sentence, paragraph, section, article
or other part o~ the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
. ENTERED INTO effective the 1st day of January, 1994.
THE now CHm1ICAL COMPANY
~ (COMPANY)
<lit By: ~: E~n~
Title: Vice President, Texas Operations
Address:APB Building
2301 Brazosport Boulevard
Freeport, TX 77541
ATTEST: ~
S-- r; aJ
City Secretary
w. Askins
Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
~F LA PORTE
By: ~
rman L. al
Mayor
By: Q~ T: ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(713) 471-1886
(713) 471-2047
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Dow U.S.A.
November 24, 1993
The Dow Chemical Company
2301 N, Brazosport Blvd,
Freeport, Texas 77541-3257
Mr. Robert Herrera
City Manager
La Porte City Hall
604 W. Fairmont Parkway
La Porte, Texas
77571
RECEIVED
NOV 2 9 1993
c, f Y MANAGERS
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BATTLEGROUND INDUSTRIAL DISTRICT AGREEMENT
THE DOW CHEMICAL COMPANY
Attached are the referenced contracts signed by the
appropriate company representative. Please return our copy
of the completed contract directly to me.
On a personal note, although the negotiation process was at
times tumultuous, I commend you for your consistent and
level-headed behavior. The citizens of La Porte as well as
the Mayor and Council can be proud of your commitment. You
certainly represented their interests well.
I'm sure our paths will cross again and I truly look forward
to that opportunity. Until then, should you wish to discuss
this or any tax matter, I welcome your call.
e ell S.estlake
Manager, Property Taxes & SW Regional Office
The Dow Chemical Company
(409) 238-1759
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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. THE DOW CHEMICAL COMPANY
Delaware
, a
corporation; hereinafter called "COMPANY",
WIT N E SSE T H: That
WHEREAS, it is the established policy of the City Council of the
(
City of La Porte, Texas, to adopt such reasonable measures from time
to time as are permitted by law and which. will tend to enhance the
economic stability and growth of the City and its environs by attracting
the location of new and the expansion of existing in~ustries therein,
and such policy is hereby reaffirmed and adopted by this City Council
as being in the best interest of the City and its. ,ci tizens: and
WHEREAS, Company is the owner of a certain tract(s) of land more
particularly described in the Deed Records of Harris ~ounty, Texas,
in the following Volume and Page references, to-wit: '
Deed filed Augus~ 2, 1985, from the Upjohn Company
to The Dow Chemical Company, recorded as Document
Number K1390l2 in the Deed Records of Harris Co~nty,
Texas.
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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 industrial district,
to the extent that it covers said land lying within said District and
not now within 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 ,~anner 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.B. 621, 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 parties hereto recognize
that said District has no authority to appraise the land, improvements,
and tangible persona,l 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 hereinaqove described
property which existed on January l, 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
":-.~.he~einabove described property, in excess of the appraised value
of same on January l, 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 - 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 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 distr~ct 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 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
wou ld be due by Company to City in accordance wi th 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 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 within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penal ties,
interests, and costs.
(B) Should 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 '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 I s property for "in lieu" purposes
hereunder. If, after the expiration of thirty (30) days from the
date the notice of disagreement was received by City, the parties
have not reached agreement as to such market value, the parties agree
to submit the dispute to final arbitration as provided in subparagraph
(1) of this Article VI(B). Notwithstanding any such disagreement by
Company, Company agrees to pay to City on or before December 31 of
each year during the term hereof, at least the total of (a) the ad
valorem taxes on the annexed portions, plus (b) the total amount of
the "in lieu" payments which would be due hereunder on the basis of
Company I s valuations rendered and/or submitted to City by Company
hereunder, or the total assessment and "in lieu of taxes" thereon
for the last preceding year, whichever is higher.
(1) A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be named by
those two. In case of no agreement on this arbitrator in 10
days, the parties will join in a written request that the Chief
Judge of the U. S. District Court for the Southern District of
Texas appoint the third arbitrator who, (as .the "Impartial
Arbitrator") shall preside over the arbitration proceeding. 1~e
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 .. 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 (1) the invalidity or
unenforceability of the Texas Property Code (S.B. 62l, 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 Harri~ County Appraisal District, then and
in any of such events, all payments und.er 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 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.
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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 I s successors and ass igns,
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 a9reements
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 renew.al 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.
.
.
Industrial District Agreement - II
XI.
In the event anyone or more words, phrases, clauses, sentences,
paragraphs, sections, articles or other parts of this Agreement or
the applicaton thereof to any person, firm, corporation or circum-
stances 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 th~ 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.
#j;(
{;"'""
The Dow Chemical Company (COMPANY)
BY ~ / J/l-f ,;d'~.
I ,.7
Name: L, F. Wright
Title: Vice President. Texas Operations
Address: APB Building
Freeport, Texas 77541
APPROVED BY COUNSEL:
~:t j ~~
ATTORNEY FOR COMPANY
Name: David A. Duran
Address: APB Building
Freeport, Texas 77541
Telephone:
(409) 238-5596
.
Industrial District Agreement - l2
ATTEST:
~~
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Cher~e Black, C~ty Secretary
APPROVED BY COUNSEL:
SKINS, City Attorne
702 West Fairmont Parkway
Post Office Box 1218
La Porte, Texas 7757l
Telephone: (713) 47l-1886
(Revised: 06/86)
.
BY
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CITY OF LA PORTE
BY
~..~
CITY OF LA PORTE
Post Office Box lllS
La Porte, Texas 7757l
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CITY OF LA PORTE.
PHONE (7131 471.5020 . P. O. Box 1 115 . LA PORTE. TEXAS 77572
January 27, 1994
Dow Chemical Company
Attn: Wendell Westlake
Tax Department
A.P .B. Building
Freeport, TX 77541
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Westlake:
A fully executed Industrial District Agreement together with the approval ordinance are
enclosed. As part of the document preparation, the City examined Exhibit "B" furnished by
your firm. While reviewing the documents, we found that Exhibit "B" does not indicate
previously annexed property. 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 us.
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
performance of the Industrial District Agreements as well as aiding long-range planning 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 Joems.
Thank you for your assistance in completing these documents.
Sincerely,
Q~~ T. ~
Robert T. Herrera
City Manager
RTH/cjb
Enclosures
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-09
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Industrial District Agreements
Each company's packet should contain the following:
j /
A letter offering the agreement and certified copy of ordinance
A letter requesting action I~ t/ J V vi
Agreement - signed by company. Mayor. R TIt Sue. Knox
Exhibit "A"
Exhibit liB" - 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
THE DOW CHEMICAL COMPANY
(Metes and Bounds Description of Land)
9
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tit
TRACT I:
52.9251 acres of land in the Arthur ~lcCormick Survey, Abstract No. 46, being that part
or portion of Tract Two described in that certain Deed dated July 23, 1956, from W. W.
Kemmerer, et a1 to Ben G. Sewell, recorded in Volume 3192, Page 431. of the Deed
Records of Harris County, Texas (herein after called the "Kemmerer Deed"), lying South
of a line beginning at a point at A pgiRt in the East line of said Tract Two which
point is the Northwest corner of that certain tract of 52.809' acres of land described
in Exhibit A to that certain conveyance dated as of October 23, 1962, from the Carwin
Company to The Upjohn Company, recorded in Volume 4908, Page 59 of the Deed Records of
Harris County, Texas (said 52.809 acres of land being hereinafter called the "Carw1n
Tract"), and running in a Westerly direction as an extension of the North line of the
Carwin Tract to the West line of the aforesaid Tract Two, described in the Kemmerer
Deed, said West line also being the East line of that certain 31.058 acres of land
described in that certain Deed dated April 28, 1952, from J. Waldene Hine to Houston
Lighting & Power Company, recorded in Volume 2440, Page 455, of the Deed Records of
Harris County, Texas (said 31.058 acres of land being hereinafter called. the "Houston
Lighting & Power Company Tractll); the land hereby granted, bargained, sold and.
conveyed being more particularly described as follows, to-wit: :
BEGI~NIXG at a point in the East line of the aforesaid Tract Two described
Kemmerer Deed, which point is the ~orthwest corner of the Car~in Tract, and is
by a 3/4ths inch iron rod;
~
in the
marked
TIIENCE South 10 deg. 07 min. West, along the East line of said Tract T~o described in
the Kemmerer Deed and the West line of the Carwin Tract, 1078.93 feet to the Southeast
corner of said Tract Two, which point is in the North line of that certain tract of
land described as Tract One in that certain Deed dated June 28, 1963, from Philips
Petroleum Company to The Upjohn Company, recorded in Volume 5185, Page 102, of the
Deed Records of Harris County, Texas (said Tract One being hereinafter called the
"Philips Tract") and which point is marked by a 1/2 inch iron pipe;
THENCE South 88 deg. 56 min. West, along the South line of Tract ~o described in the
~cmmcr~= ~~~d, ~~d the North line of the Philips Tract, 2307.65 feet to the Southwest
corner of said Tract Two described in the Kemmerer Deed in the East line of the
l~oustCln Lighting; & rower CClmpanj Tract, ....hich point is the :'orthwest corner of the
Philips Tract and is marked by a 5/8ths inch iron rod;
THENCE North 22 deg. 48 min. East, along the West line of said Tract Two described in
the Kemmerer Deed and the East line of the Houston Lighting & Power Company tract,
1157.41 feet to the Korthwest corner of the tract of land described herein, which
point is marked by a 5/8ths inch iron rod;
TIIE~CE ~orth 88 deg. 56 min. East, 2048.61 feet to the Pon~T OF BEGn"XI~G.
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TRACT II:
Fifty-Two and Eight Hundred and Nine/One Thousandths (52.809) acres of land, more or
less, in the Arthur McCormick Survey, Abstract No. 46, Harris'County, Texas, described.
by metes and bounds as follows:
BEGINNING at a point in the South line of said Arthur McCormick Survey, said line
being the Southwest corner of that 14.156 acre tract of land described in that certain
Deed from J. Waldene Hine to Houston Lighting & Power Compar.)., recorded in Volume
2643, Page 145 of the Deed Records of Harris County, Texas;
THENCE South 88 deg. 57 min. 41 sec. West, along the South line of said Survey,
1051.17 feet to the Southeast corner of a 30-acre tract of land described in that:
certain Correction Deed from Merrill I. Richardson to Ben Richards, recorded in Volume
2728, 'Page 230 of the Deed Records of Harris County, Texas, from which point a 3/4
inch rod is set South 01.deg. 04 min. East, a distance of 0.47 feet;
THENCE North 01 deg. 04 min. along the East line of said Richards 3D-acre tract 405.03 ::'.
feet to the Northeast corner of said Richards 30-acre tract, marked by a 1-1/4th inch'-
iron pipe;
THENCE South 88 deg. 56 min. West, along the North line of said Richards 30-acre tract:
828.26 feet to the Southeast ,corner of the 149.86 acre or Second Tract, described in
that certain Correction Deed from Merrill I. Richardson to H. L. Muse, Trustee,
recorded in Volume 2717, Page 513 of the Deed Records of Harris County, Texas;
THENCE North 10 deg. 09 min. East, along the East line of said Muse Trustee 149.86 ~
acre tract, at 518.25 feet passing a 1/2 inch iron pipe, a total distance of 1,d78.55
feet to a point for corner marked by a 3/4 inch rod;
"
THENCE North 88 deg. 57 min. 41 sec. East, 1666.41 feet to a point in the West line of ~1
the aforementioned Houston Lighting & Power Company, 14.156 acre tract, a 3/4 inch rodj~l
set for corner., :;,:,,1
. ~~~~""
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'THENCE South 01 deg. 11 min. 34 sec. East, along the West line of said Houston~it~
\.~i
Lighting & Power Company, 14.156 acre tract, 1462.69 feet to the PLACE OF BEGI~~ING. . ~;~,
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TRACT 111-'\:
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Thnt certnin Lot. Trnct or Parcel of land situated in the Arthur ~!cCort:lick Survey,
Abstrnct ~o. 46. cont:1ining 29.992 acres of land. more or less, ~nd being more pnrti-
cu1arly d~scribed as follows:
BEGI~~ING at a 3/4-inch iron rod at the intersection of the South line of said Arthur
~IcCormick Survey and the East line of a tract of land described in Deed dated April
28, 1952. from J. Waldene Hine to Houston Lighting & Power Company, recorded in
Volume 2440, Page 455 of the Deed Records of Harris County, Texas;
THE~CE North 88 deg. 56 min. East, along the South line of said Arthur ~'~cCormic~
Survey, a dista~ce of 3315.31 feet to the Southeast corner of this tra~t, which corner
is also the Southernmost Southwest corner of a 52.809-acre tract of land described in
that certain Deed dated as of October 23, 1962. froo the Carwin Company to The Upjohn
Company, recorded in Volume 4908, at Page 59 of the Deed Records of Harris County,
Texas, from which corner a 3/4-inch iron rod is set South 00 deg. 04 win. East, a
distance of 0.47 feet;
THE~CE ~orth 01 deg. 04 min. West, along the Southernmost West line of said ~pjohn
52.809-acre tract, a distance of 405.03 feet to a point marked by a 1-1/4-inch iron
pipe;
THE::CE South 88 deg. 56 min. \.Jest, along the t.Jesternmost South line of said Upjohn
52.809-acre tract a distance of 828.26 feet to the Northernmost Southwest corner of
said Upjohn 52.B09-acre tract, and continuing a total distance of 3136.11 feet to a
point for corner in the East line of the aforesaid Houston Lighting & Power Company
Tract;
THENCE South 22 deg. 48 min. West along the East line of the aforesaid Houston
Lighting & Power Company Tract, a distance of 442.90 feet to the PLACE OF BEGI~~ING.
SAVE AND EXC~PT fro~ said 29.992 acres 0: la~d t~e
foll~~ing eescri~ecl t~ac~ of land, to-wit:
From 3/4-inch rod at southwest co~ner o~ ~=~c~ One,
Volume 5185, Page 102, of the Deed Reccrds c: ~ar=i3
County, Texas, 1963 July 11;
THENCE north 8ao 56' East a distance of 23~S.51 feet;
THENCE North 10 4' West a distance of 35.83 fe.t to the
sou~hwest corner 0: f~nce sur~ounding dru~ buiia1 pit
fo~ point of beginning;
THZ~CE Nor~h 8ao 55' East with said fence a distance~f
106 feet.:
TH:::~lC::: 110~i;h 10 ...' Hest '.,Ji'::h tha east line of said fence
a distance of 40 feet:
THENCE. Sout.h 880 55' ~'~c!:)t with t.he nort.h line of said
fence a dis~ance c: 106 feet;
TH~::CE Sout.h 10 4' East a distance of 40 feet to the
point of beginr.ing, 50 ~s to include said d=u~ burial
pit ~nd the surro~ndinq fence.
. .
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TR.\CT III-B:
Th3t certain Lot, Tract or P3rcel of land situated p3rtly in the George Ross Survey,
Abstract No. 646, and partly in the Arthur McCormick Survey, Abstr3ct 46, containing
3.525 acres of land. more or less, and being more particularly described 3S follows,
to-wit:
BEGI~~I~G at the point of intersection of the East line or said George Ross Survey
w1.th the South line of said Arthu:.,. HcCormic!< Survey;
THE~;CE ~orth 88 deg. 56 min. East, along the South line of said Arthur McCormick
Survey, a distance or 352.4 feet to a point in the West line or the Houston Lighting &
Power Company Tract rererred to above in Tract No. III-A;
TII~CE ~lorth :!:! deg. 48 min. East, along the West line of s3id Houston Lighting &
Power Company Tract, a distance of 183.03 feet to a point ror corner;
TIlE~CE West and parallel to the South line of said Arthur McCormick Survey, a distance
of 773.38 feet to a point in the East line of State Highway No. 134 (Battleground
Road)
J.,
THENCE South 19 deg. 05 min. West, along the East line of said road, a distance of
239.00 feet to a point for corner;
THENCE North 89 deg. 30.min. East, a distance of 428.6 feet to a point for corner in
the East line of said George Ross Survey;
THENCE North 00 deg. 35 min. West,. along the East line of said George Ross Survey, a
distance of 54.8 feet to the PLACE OF BEGI~~ING.
.
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"EXHIBIT B"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE '
AND
THE now CHEMICAL COMPANY
(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.)
10
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