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HomeMy WebLinkAbout93-IDA-14 .. . ORDINANCE NO. 93-IDA-14 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH EURECAT U.S. INCORPORATED, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING 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. EURECAT U.s. INCORPORATED 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 ci ty 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. - . ORDINANCE NO. 93-IDA-14 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: 1~4~~ IN man L. alo , Mayor ATTEST: LL~ - .- Sue Lenes, City Secretary Knox city CURRENT NAME Eurecat U.S., Inc. . e PREVIOUS NAME & DATE . CITY OF L" PORTE PHONE (7131 471.5020 . p, 0, Box 1 1 15 . LA PORTE. TEXAS 77572 January 27, 1994 AITN: Hanson Gllan Eurecat U.S., Inc. c/o American Property Tax Service, Inc. 10101 S.W. Freeway, Suite 540 Houston, TX 77074 RE: Industrial District Agreement (IDA) Exhibits Dear Mr. Gllan: 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 only one (1) copy of Exhibit "B" was furnished. The City has retained this exhibit for filing with its copy of the Industrial District Agreement. We trust that you will secure Exhibit "B" to complete your copy of the Industrial District Agreement. Also, if available, please forward a dimensioned site plan to complement the paving and drainage plan you furnished as Exhibit "B". 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 Joerns. Thank you for your assistance in completing these documents. Sincerely, Q~t"[. ~v Robert T. Herrera City Manager RTH/cjb Enclosures cc Jeff Litchfield, Finance Director IDA Flle #93-IDA-14 ' -, ~-' f(N ,- · ~ . -. ~.. . -'.. . 8 ... '. .. . _ ~ -' m'" ..... H. .." .. ':':"'0 + ~~_:.- mNDf--"'rhtld"y q.:~. ~ : '5 {J AI \ ;.......~- .' .'. .. . ;;,~ 1 'C;~') CDpf 7// ~ \} fI\ \\~~l~ Industrial District Agreements Each company's packet should contain the following: ./ V A letter offering the agreement and certified copy of ordinance A letter requesting action / L/"./ J ../'../ Agreement. sign, company. Mayor, RTH, Sue, Knox Exhibit "A II Exhibit "B" - some will not have this item since we kept the only one that was sent ~ D. 6,u-Jl. "I ~ ~~(j:!;:. ~~~ U/~ -~ Surveys-~-- A'I m~e~s ~ J V~S~~ - 0 k-{ V $,< t-€"'- p'~ / , r!' , ~, ./ ""'x' 'l}C" V J I \.t. ~ , -0 ! ' "/ u i i) QJLc ) <'i "~I r' , L " I ' ['11'" '- l..- - :", -;...-'-::::.". --:-: ;--... ".'"r-. ! .'.~ . ':"-:--.:~ ~....,...~. ...-- =:- -,: .....-..."-'!~'":"_........_~.......,......."'.. _. ~ - , . -.:.. > ~}:. :". ..:.... - -..: -::.........:- __,' '.. ..: n.....: ..:.::.:;..:~:,~.:. ~'.. .:..i.':.:" "." .......--.............-..... .....-.--..... ".- - City of La Porte, Texas John Joems - JT: ~- ?9f' !t.a-~ ,E~f- IDI1--11 - er~Li- ~~~ t, - X~c.{tUe LJJ~ ~ }~J l qA - ~) if <,UJ c fJ'~ ~ 11; ~ .Afi/h';~:,~ A;!, =c4~~7 th{-~~~~ ~~ () - ~UUkrd- ~ ~~ tJ;, gu.~ ~ 1fL~ ~ . . .l . e CITY OF LA PORTE PHONE 17131 471.5020 . p, 0, Box 1 1 15 . LA PORTE. TEXAS 77572 January 11, 1994 Eurecat U.S., Inc. c/o American Property Tax'Service, Inc. 10101 S.W. Freeway, $uite 540 Houston, TX 77074 ATTN: Hanson Gilan Re: City of La Porte Industrial District Agreement, Effective January 1, 1994. Dear Mr. Gilan: 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: ~~ T. ~ Robert T. Herrera City Manager RTH:sw Enclosures e e ".. l') "t1 '~1 Gl CIl .. Gl > ! Gl z:. .. c o "a 3. Article Addressed to: Gl I ~ lJ,.:J, ~. ~~~~ ! JOIO/ 5.W. f~I~;l5lt() (I) ~ ~,~ /J<rJD'7i1- Q Q c( ~ 5. Signature (Addressee) ::;:) ti a:: 6. e \.A,,_ >- PS Form 38411. !! SlEi\!OlE~: o Complete items 1 and/or 2 for additional services. o Complete items 3. and 4a & b. o Print your name and addrass on the reverse of this form so that wa can return this card to you. o Attach this form to the front of the mailpiace. or on the back if space does not permit. o Write "Return Receipt Requested" on the mailpiece below the article number. o The Return Ileceipt will show to whom the article was delivered and the date delivered. I I also wish to receive' the following services (for an extra fee): 1. 0 Addressee's Address 2. 0 Restricted Delivery Consult ostmaster for fee. 4a. Article Number y 0 - 71 -D53 4b. Service Type o ~istered ~,l'ertified o Express Mail \..J ai u '; .. CD (I) a .i' u .! c .. :I .. CD a:, Ql c '; :I .. .2 7. 8. DOMESTIC RETURN RECEIPT e . :v \ NO. 93-IDA-I4-- { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter,c{illed "CITY", ~nd b.~4:::CAf'\ 0. s. \.U~~ , a ~b..U ~~S~ 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", hereinafte:J; collectively called "District", such Ordinances being in compliance with the Municipal Annexation Ac of Texas, codified as Section 42.044, Texas Local Governme ode and J.e s,$ee.... ' WHEREAS i Company is the mJRQZ' of 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 A~nexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: Revised: October 22, 1993 e e " I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial distri9t 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 t~at such industrial district, to the extent that it covers said Land lying within said District and'not now within the corporate, limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical" plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institut~ 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 necessi ty appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal 2 e e \ property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 1994, and on or before each April 15th thereafter, unless an extension is granted. in accordance with the Texas Property Tax Code, through and including April 15, 2000, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized, officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or simila~ 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 Company to file a Rendition as provided fo~ in this paragraph, shall constitute a waiver by Company for the current tax year,' of all rights of protest and appeal under the terms of this Agreement. B. 'As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 1994, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2000, Company shall pay to city an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the un annexed area equal to the sum of: 1. (a) Fifty percent (50%) of the amount of ad valorem taxes which would be payable to City if all of the company's Land and improvements which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by City'S independent appraiser; and (b) Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the company's Land and improvements which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of city"and appraised each year by 3 e . \ 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 wi thin 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, 199,3, 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 4 e e of leased equipment, ,railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City and appraised each year by the City's independent appraiser. \. wi th the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal Distri~t. 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 ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agre~ment is not so extended for an additional period or periods of time on or before August 31, 2000, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the state of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between city and Company and/or its assigns even though it' is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by city or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to 5 e e \ City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company' s hereinabove described property which would be due 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 ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal maqe 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 fai th negotiations in an attempt to reach an 'agreement as to the market value of Company' s property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this'Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company'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 6 e e 'of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision sha,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 t~e 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 ~ompany 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 Co~rt ordered extension of the term of the Agreement ordered in Southern Ionics, Inc. vs City of La Porte, civil Action H-89-3969, United states District Court, Southern District of Texas. 7 e e \ 'x. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and sepa'rable 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. e:~o"" ~ ~. W, L..5o :t>e..e S \ 0 E'\.J " \~\ 00 '\5"'..../ p~c::. eD. PkSA~E:\..:)A TX' q-=l-SO"f , ATTE~ :t:. Ci~ Secretary CITY OF LA PORTE By: ~~~ , orman I;. Mal Mayor ' w. Askins Attorney of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: @J~ T: ~ Robert T. Herrera city Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: (713) 471-1886 Fax: (713) 471-2047 8 e e AMERICAN PROPERTY TAX SERVICE. INC. PROPERTY TAX CONSULTANTS 10101 SOUTHWEST FREEWAY. SUITE 540 HOUSTON. TEXAS 77074 PHONE: (7131 988-8050 FAX: (7131 988-8121 December 27, 1993 R€C€I\I €o' DEe 2 8 1993 C, fy MANAGE OFFICE Rs Mr. Robert T. Herrera, City Manager City of La Porte Post Office Box 1115 La Porte, Texas 77052 Re: Industrial District Contract For Eurecat U.S., Inc. Dear Bob: It is a pleasure to have the opportunity to submit the executed Industrial District Contract on behalf of Eurecat U.S., Inc. On behalf of Eurecat U.S., I would like to express our gratitude and thank you for your patience and cooperation to make this task a realty. As a member of the negotiating team, I would like to acknowledge that this project would not have been possible without your courage and leadership during the tense and long hours of direct negotiations . We look forward to a long and continued working relationship and believe both the City and the industry will mutually benefit from'this partnership. Very truly yours, Hanson A. Gilan, President American Property Tax Service, Inc. CC: Mr. Jerome H. Wilson, President Eurecat U.s., Inc. . e '.j ---. - - T _..." ..._ EURECAT U.~CORPORATED 13100 BAY PAR~AD, PASADENA, TEXAS 77507 FAX (713) 474-7776 TELEX ITT - 4940900 EURE TELEPHONE (713) 474-2600 October 28, 1993 RECEIVED NDV 1 1993 CI ry MANAGE '" OFFICE RS Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 La Porte, TX 77572-11l5 Re: City of La Porte Proposed Industrial District Agreement, Dated October 22, 1993. Dear Mr. Herrera: Eurecat U.S. Incorporated 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 nAn and Exhibit nB", at the earliest possible date. This letter of intent is given by our firm to the City of La Porte at this time, with the request that the City of La Porte not include our firm's land in any annexation proceedings. Our firm understands that the City of La Porte, in reliance upon this letter, will not include our firm's land in the proposed annexation proceedings. Yours very truly, By: cc. Mr. Hanson A. Gilan AMERICAN PROPERTY TAX SERVICE, 10101 Southwest Freeway, Suite Houston, TX 77074 CATALYST SERVICES · OF~SITE REGENERATION · SULFICAT@ OF~SITE PRESULFIDING e e . ; ~ .\ . -.' . e (Revised: 06/86) NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS ~ ~ CITY OF LA PORTE ~ INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and EURECAT U.S. INCORPORATED , a New Jersey 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 Cit~ a~d 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 tra~~(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to-wit: See Exhibit "A" attached hereto. r' e . Industrial District Agreement - 2 upon which: ..,trace (-sr"':'Company "has either constructed an industrial plant (s) or;' cori,templates ,the construct'ion of. an industrial plant (s) : . ...... ., _.A, . "._ ... .... , .. and . WHEREAS" .pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the:,.~'~l313-tt~,egrou~d J-??ustrial",.o.istrict of La Porte, Texas," and Ordinance No. 842, designating portions of the area 10- ,', I...... ....'\,.. . .' . ...... ,.," cated'''in it:s"!:eit:r~t.~"tr'it.o'ii~l' 'jl;~i~'di~fi~n: as' the "Bayport indust~fal .' .~: ......:;f..-:- ._~....: ....:.0.: ". ...,_.......,...........-<1; ('". ,P" ." "!:........~ '" . . . 'Distrlct of La Porte; "Texas," hereina-fter 'collectively calied "Dis- ft~{ci't":"li' 'such Ordinances 'being in'''compliance-with..'the Municipal Annex- ation Act, of' Texas, Article 970a, Vernons Annotated Revised Civil StatutE!"~ '6f Te~~li' ;'ciri'a' , WHEREAS, City de~'i:tej'--EoL e''hd6~i~~~ t.he expansion, and growth of industrial plants within said:, D;i,str,i,~ts ,and for such purpc;>se desires to enter into this Agreement ,with Company pursuant to Resolution ~d~~~~p Py the Ci~y"Co~nci~ of said C~~X ~n~ Fecorded in the official minutes of s~~~..;~ity: ,::~:QW ':! ('i~E~E:E."P,~,. in .consideration of ....tpe..pJ;emises and the ,mutual agreements of the parties contained herein and pursuant to the autho~~ty, gr~~~ed under the Municipal Annexation Act and the Ordinances of City.,. referr,ed., t-q.. 8;pov.~k ~?-ty, and Company hereby agree with each .1" ' other as follows: I. this Agreement, provided below, and subject to the ter~s and provisions ..,.:~:Ci ty covenants, agrees and guarantees that during the term of .~~.t:;'.....:. . ,-. ',: " :" ......-.. . . ......... . of ,thIs 'Agreement, said District shall continue and retain its extraterritorial status as an industrial district, at least to the -- .. . . --. ... '. extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to \ e e Industrial District Agreement - 3 the foregoing' and to the later provisions of this Agrement, City does further covenant, agree and guarantee that such industrial distri.ct, 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 p:J;:,ov.isions~;,of, Art;i.cle II hereof, shall be ,immune from annexat;.ion by" ~c;.i,;ty ,::4.~+,;i.ng: th~.... ter:m: he:re,of,:-, ,( except ,:. .as: hereinafter, provi.ded) a~d shal:-,.1,:have ~no..:r,ight to have, .extended,to',,it any, services by. ,City, and i;:l)a.t::(?l~l" ()f:' s~'i~::'".l;~l1d,; ; incl.~,di,ng ,.; ;tl)~t'....:wl1-iG}l. n~s been;; heretof,ore, ,Q~ which', may , be".. annexed 'pursuant,...,-tO: .'.the : later pr.ovisionE! 'of this Agr~ement, shall not have extended..to it by ordinance ~ny rules and r~gulations (a) governi~g plats and subdiv~sions of land, (b) prescri- bing'any building, electrical, plumbing or inspection code or codes, or (c) attemptin9 to exercise ,in any', manner whatever qontr()l over the conduct ",of, ,busines,s, ,thereon: ,pr,ovided, however" ,.' it-.., is ,agl;'~ed that City shall "nave the. right. to institute, Qr ,intervene in any: jq4,~,q;i.~1 'prC>.G~,edi.~g author~ze,Q' by: the:, '~ex~s: Water Cod~ or the Texa~. G~~~"A.,A,ir.'d\Q.::~ :J~o ~.t:lt~ ,same extent and to the same intent and effect as if alLtcla,nd:'cov,ered 'by "thi:s;J.\g,r~ement,..~er~ l'ocated ,within' the:.corporate, limits of City. II. A portion of the her~inabove 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 ~f ,the, hereinabove described,property, to the end that twenty~ fiv~ percent (25%) of the total yalue of the land and improvements hereinabove described shall 1;>e annexed, ,tc;> C,. ty. Company, agrees ,to render and, pay ,fuI,l City ad - valo~em _,~axes 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 I:-egisl~ture, Regular Session, 1979, as amended), e e Industrial District Agreement' - 4 the appraised value for tax purposes of the annexed portion of land, improvements, and ta~gibie' per~omll property shall be determined by , " the Harris County Appraisal District. The parties hereto recognize that ''said District has :'no authority 'to appraise tbe land, improvements, a~d- t"~"~g'ible personal property in the unannexed area for the purpose , . .'. - ... . .' . ~ of domputiiig,.;the":'i'fn -'li"~u"':p:iiyin'ents hereurider~ Therefore, the"parties .' . I ,. ", -. ....,.. ", ~ '.". .. .' - -.. .. ..... ... -. -.= 0" .... . agree that 'the" cippraisa'f' 'of '.'.'tilii'-"land, 'improvements, and tangible ~l~~o~~l p}bP~rtY ifr-:the j'UR~ffR'~ked ::~:re'a "':~hail ''be' 6onduct'~d "'~bY'('City:; a't.~Ci"t};"'i expens~ ~ by an '-fndependemt ~ppraiser of CIty" s seiection. The parties recognize' t.hat: 'in::r!rrtakirtg such'" appraisal - for .. in 'lieu II , . , paymertt'purposes, such appraiser must of necessity appraise the entire (a~nexed' and , ' unannexed), landi - : ". ", :. .. . .". 'intprovements, and": tangi"ble personal ....... ,.. '.,. . ... . .' . . . . property. Company agrees'" t.o - render' and 'pay full City 'ad valorem taxes' on such ::antiejc~'d'0iand(~":~iidptdveifients i': ahd ""t'a.ngible personal pro- ~e'tty:': " .' ': ~ :: -, , . .J.: . .i. . . . ," ."'Company also agrees to render to cH:.y'- and pay an 'amount ,iin li'eu of taxes" on company's land, improvements, and tangible personal prop~rty in the" unannexe'ci a~ea "'equ'ai to'tb'(i"'s:urn of: ..'...L ' (l) 'Fifty percent (50% ) of the amount of ad valorem taxes which '. would be payable to City if all of the hereinabove described .l?r~p~rty which existe9. on January 1, 1986, had.l. been within the corporate ,li~its of, ,~~~Y and ,apprais~d each year by City's _i~depende~t apprai~er: and, ....-:;.,-.\.,..... ......!....J..; ~ .....~ ....1.:.... .J.."",':" :.:....'-.l'....._....... ,"I... (2) Thirty percent (30% ) of the amount of ad valorem taxes wh:t~h would be payable to City on any increase. in ,value of the " hereinap9ve, d~scribed property, in excess of the appr~ised value I', , ....: of same on January 1, 1986, resulting from new ,~~nstruction and . "".' ,.. " ... ... .' .. new acquisitions of tangible personal property, (exclusive of , ' Construction.in Progress, wbich shall be exempt from taxation), if -all, of, ,said :_n~~, c,~m~~ruction and acquisitions had been within the corporate limits of City and appraised by City's independent e e Industrial District Agreement.- 5 .. appraiser: with, the sum of (1) and ( 2) reduced by the amount of City"s ad valorem t~xe:s on the ~nnexed portion, th,ereof as determined by appraisal by _~h~ Har~is C~~~~~ Appr~isal ,District. .No~h~ng,~~r~i~ ~ont~i~ep"s~all ever be construed as'in derogation .,of ,-t:}:l~",~':1,~~o~~ ty" o~ the,- Har-r.i,s-.,Count,~ ,-A-ppraisal, District to ,establ,ish :the .app,raised, va,lue~. - of land" impt:ovements,',- 'and tangible personal ::,1 ~;.. ...... ...... . . a - --. . '._ ~ -. . . . ,..p,rop_e~.t:y in ,- "the :~~m~,~;ed_'nP.Qrtion,.. ~:..for ;:',!"ad', valor,em:l) tax' purpos~'s. - ." -'..... . :.. ... -. .. .. , III. .. This Agreement shall extend for a period beginning on the 1st day of'January, 1987, and continue thereafter until December 31, 1993, . .. ......,,:,.,~ ..~. ..- \ ., . .' . . .. uriless extended 'for.'- an additional period or periods of time upon . -~... " mutual conse'nt of Company and City as provided by the Municipal Annexation Act: :. -::{ ) ,:'.:1:oJ .' ..:-~.~" (, r": ~"'. c :. . I.... ,"! t.. j, .... provided, however, that in the event this Agreement is not so extended for an additional period or periods of time On r.....~..~..~':'.....-, :'-' :;..-'~ ~CT':.r.::..:-:.' .... . :.: '...'.(.' t.:i ...... i..\'IJ':; .' '. . ..... ,"..:...: .... or bet-ore August"3t~"1993, the 'agreement of City not to annex property .... r ............::- " .......... ~.." .;) ~. .. ...: :: " .., . ., . . . . :.. ;,:. ,-- "':" ~ . of Company 'with~n' the District shall terminate. In that event, City . . .. ,.. : 'shall have'the right fo'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 .' I Company agrees that if the 'texas Municipal Act, Articltf970a (V.A.T.S.), as am'ended after"January 1, 1980, or any new legislation is thereafter . . . .. -.' ... - ..' . enacted by the' Legisi~ture of' the State of Texas which imposes greater . .... .., ...........,..,......... i.., ~ ,......: :'rli. ~~.,...i...... .....~ ." . restrictions on 'the right of City to annex land belonging to Company or impose~ furth~r' "6'bli9~ti6~~'" on' Cit~' 'in:: l~~~~~~~ion th'~;~:;it~'i:af~I~~ the annexation of such "land, Company will waive the right to require .. .._-. '.- . City to comply with any such additionai restrictions or obligations and the rights of the parties shall be then determined in accordance wi th the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1980. ". e e Industrial District Agreement - 6 IV. This Agreement may be extended for an additional period or period~, ~y agreement between City and Company and/or its assigns even thougl) it is not extended by agreement between City and all of the ~. . . I'.... . . .. ~~n~.rs of all land wi thin the District of which it is a part. In .~.... l:..!~E-..~ '.#I,,~\..':..:':":; t"'.~' :J_.. "i..tl'=", to': .:..)..:~.: :''''~''.II.',' '.,::~':."'.::.' :;.~.:.:. .~his co~nect~on, Ci ty, )lereby e':Cpresses its belief that industrial . .. - " . .. .. .. distri~t i;lgree,ments of ~he kind mad!=! her~in ~re conducive to the '..::~""eJ..-"'-'" ~.~- .:..::'... ~.~:'Il'::'.~: -.:: r")~"....::, ~'::<"'. .... \. .)" .". . ," :.. . ':..!'..:f' ~ :-... 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 ~dditiona~'periods'permitt~d by 'law tnls Industrial District Agree~ent upon'request' of :"Company' 'or' ,its assi9ns7 'provided, however, that nothing' herein contained shall be ,deemed to' obligate' either party h~reto: to agree t'o :iin "'extension of t'hls' Agrement /," ; (" j ";,:,: "<..-" . V. , . - ::"-"compiny:"''.a'gre'e's' to '''pay'' 'all ad valorem- :ta'xefr,' and' 'atl "in lieu of taxes", payments -. hereunder, to City 'on" or" before December 31, o,f each yea'r' during the term hereof. It is' agreed that presently' the ratio of ad valorem tax assessment used by City is one hundred percent (100%) of the" fair' market value of property. Any change' in, such , . . .. ,'.' ratio used by City shall be reflected 'in any subsequent computations hereunder. ~'This Agreement shall be 'subject to all provisions-of' law reiating' to'.:aet~'rrnin~t:ibri')ofi:vatueiof' land, improvements {and' tangib~U! personal-- property; for tax purposes '.. .(e.g., 'rendition, assessment, Harris County Appraisal District review and appeal procedures, court , , appeats", ::et.c. ') for: purposes of fixing' and' determining the amount or ad '~aibrem" 't.ax paYments, and the 'amount of "in lieu of tax " payments hereunder, except as otherwise provided in Articles II and VI hereof. VI. ,"-,.,;'; (A)'" -- - In t.he' event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris " ". e e Industrial District Agreement - 7 County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and company ,~hall.h~ve the right to take all legal steps desired by it to reduce the same. ._..~othwithstanding such prot~st by ,Company, Company agrees to pay .' ,\" ".. . t<?",City ,~n or be~9re the dat,e th~,~efor _heI:~,inabove provided, at leas;~. the, .,~~~a.~: _~,~:' (.~) the total" amount!:?f.- ,ad v~lorem taxes on the annexe.~, ~~~.~~~.q.~~.! f:J,.~~: ",(:~',>'.~:, t~;~ t?lt~l ~,~~~unlt.:g! 1n~!:-c::I~~p ,!,~,eu O,t1::11~~Je,s,"" on t~~:,. unannexed portions of Company's ,h~reinabov~~qescribed prqper~y whi~~ . . . .:-. : ::;. '1.:";' i :':; -:. - ." '.. ... '. ~..,..:...., ~. . ... . ... . . . ". would be d~e by Company to City i,n a,~cordance with the foregoing . ..~ " :'. '.. . .. ". provisions of this Agrement on the basis of renditions which shall be fil,ed by Company on or before,)1arch,~;t of each year during the term : ":. :: :.... "':'- ~ .'.. . . .... . '.: . :. . ':.' .:;..'. ... ... . o~ .~~i:~ Agreement, wi~J:1., 't:>oth..the ,Cit;y .a~d "t:tte Harris Cou~ty_ !\pp~aisal ... .. .... .... '., '. ..- Distr~ct (as 1:;he..C?ase may ~e) for that year.. .. w:tten, the City or Harris ..County Apprais~l 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 ~" court" ,~f c_~~p,"~.:e,nt, j~f~sd~~~i<;>,n.. ~: I'~~ , 7h~ ._:re~~:; ?~, ~~her final :.:c:~~lusion ~f the contrC?versy, then wi thin thirty (30) days thereafter Company shall m~ke payme~t to City of any additional payment due hereunder . '. ",; based on such final ~aluation, together with applicable penal ties, interests, and costs. " (B) Should Company disagree wi t~ any appraisal made ,by th,e independent apppraiser selected by City ,pur~~ant to Artic~e II above . .' . ",. ., ,::'. ..... .'. .:. . .:.-.. - . (Which shal,l, be . given ,in writing :to Company), Company shall, within . ....:.. I. _ __.... .:.:_ _ '-'..:' .......:. twent,~: (.~?J ,._.da~~~:.:,:p~~, receivin~,_ ~uch. copy, give written notice to the Ci.ty of. such disa,greerne~t. In, th~ event Company does not. give such wrj.t,~?n,. ~~,~i~e of, disag~ee~ent witl1,i~ ,such time pe,riod" th~, appraisal, made by said independent appraiser shall be final and controlling for purposes of the determination of II in lieu of taxes II payments to be made under this Agreement. Should Company give such notice ,of disagreement, Company shall ". e e Industrial District Agreement - 8 .. , .. - also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree 'to thereupon 'e~t~~"into good faith negotiations in an attempt to reach an agreement as to the 'market value of Company's property for "in lieu" purposes {~r'eUrid~i~ If, after" the "ex~i'fafi6n: 'of thirty' (30) days from 'the date the' notice ot disagreement" was recEd ved by' Ci ty, " the parties "1~;i:;;~:' 'ri'~t r~'~ched agreeme:~{"'::ak ;t'<i;"~"'(i~l-r':ma:'rket ~alue,':' the '~cit:ties-- ag'i"ee ~".~j-:~j'..""',: ....-....:........ ..,~ -.... .:-.:........ .11..'....;..:....... ..............~.: .....,- '. to" Eiubinft 'the .'dispute to firial arb"itration 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 ;"'1" ,',.. ... ..' , company"s valuations' r'endered and/or submitted t.o City by Company hereunder, or' the total assessment and "in 'lieu of taxes" thereon .. '," -.,' ': ." '. . .'.." .. '.' . ," _ r ....;:. . .. 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 .: ,..,..,.:' Arbltrat6i'i) "shalt" pre'~ide over the arbit.~ati~m proceeding. The sole issue to be de'termiried in the arbitration shall be resolution of the difference between the parties as to the fair market value' of Company' s property for calculation of the "in lieu" , , . I' : paymerit and total payment 'hereunder for the" year in question. The Board shall hear arid 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' 'fiiial and binding upon the parties, ", e e Industrial District Agreement - 9 ,subject only to' judicial review as may' be available under the 'Texas General 'Arbitration Act (Articles 224-238, Vernon's Annot- :ated Revised, Civil Statutes of Texas). Costs of the arbitration " "sha'll 'be" 'shared "equally"'by 'the Company and the City, provided ." ,;::that "each :party: shall bear"1 ts own 'attorn'eys fees. ' .- (C) Should the, prchfisions' of" ArtIcle' II . .~. ,. of this Agreement bec:,omeioimp()ss'ib:le :, of"""errforceme"rit l::},ecauSe"'''of ',.,,:( 11) ;.' 'tli'e': ihvi:lilcH ty..:::":C;t unenforceabi:lity ,of: the, Texas Pibperty: -COde '(S';B~' 621-;: Acts of the 65,th'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'~ ::':8.1'1" ':payments' under this Agreement shall be governed by ,the provisions of Article "'it hersof:' - anythirtg to the contrary in this Agreement 'notwithst'a.nding. ,..',..:.', .. - ". .- ....... '.' -..~ , VI I. '.. d : C.ity.. shal,l' be ',entitled -to a 'tax ,lien on Company's above-described property~ all:improv,ements"thereon, and'all tarigibl'e personal property thereon, in. the event of default in payment of "in lieu of taxes" payments hereunder, 'which shall accrue penalty and inte'rest in like manner,'.'as: delinquent: taxes, , and ,which shall be collecti1;>le by City in the same manner as provided.by law for delinquent taxes. 0..,.1 . VI,I!. Company agrees, to ..provide, to" Ci ty at Company's expense, a survey' plat and..fi,eld, note.. description' of ,the land' and improvements which Company "peti tions 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 ..C,ompany 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.'~i :' :",' .' e e 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 assigns, affiliates and subsidiaries, and shall remain in force whether Company sells,' 'assigns,' or in ~~y, ,.o1;.her maI?-ner disposes of, either voluntarily or by, operation, of, laW" .all ,qJ;' ~ny part, of the J?r?perty belonging to it within .-:the,~ territOl;Y' ,~ere~nabove described, and the agreeme~~~ herein contain,ed.. sha,ll,:!j~,e ,~h~l~" ,1::0 R~,:"p~:v:en~nts, l,un~iIJ.g ,~i 7h ~~~. land owrted'~by..Comp,any situated,:;,~~thin sa~~ terri~ory" for so long as this Agreement or any exten~ion thereof remains in force. x. , ~ .1 f', City enters into an: :Agree~e~t, with.. any other landowner with respect to an industrial ',~is.tr~c:t.., or..:e~,t.ers'!"int? a renewal of, any existing industrial, distric~' agre~m~nts: ~after the effective date hereof and while', th~s "Agre~me~t is in effect, which contains terms and provisions more favorable" to", the landowner than those in this Agreement, Company. and its assigns shall have t.h~, right to amend . '.' '" . - p" . . this ,.Agreement and City agrees to" amend same to embrace the more 'favorable terms of such agreement or renewal, agreement: provided, ":however, '..City' reserves, th~' ,right ',to enter into such agreements or : renewal agreements wi i;:.h other landowners not covered by exi,s,ting agreements, ,:containing, a "pe.rcentage of a~ valorem taxes more favorable to the landowner than that contained in Paragraph II, Subparagraph 3 (2) hereo'fi and' .,Company ',and its ~ssigns shall not ,have the right to . ..". - ,'J,.' .: J amend.. thi's '_ agre.ement, to eIJlQra.ce, the, .more, favorable,. ,p~r!==~ntage of ad .. . -. . I. . . ... . - _ I ... .... .... .. . . .~ ".' . . .". .L', '. .~. '=.' : It.. :. "., ... .. j" 1 .... 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 lqndowners covered by existing contracts only to the extent such favorable terms apply to any increase in ,value of the hereinab~ve 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 - 12 ATTEST: ~.~ Cher1e:Black, City Secretary . 1 ~ '" : v'I' I, ...., . , J1. ,,', I :, '," Il, . ":..' ,;' '..: . , ,,!: " .. I, ~I . I I . I . . I . '\ ' II,' ,', " 1 \ '" :'. '_:. :" ;\,'\, ,~;': ~ ~...~: :::. .. e CITY OF LA PORTE BY ~~-1,d7;r~ Norman Malone, Mayor ,BY . , , 11C......-.::. ~'1 C~:"'':.:' ~ ,. :1". :.. '. ~ ,~. iil::,::,... ::_(CI~,Y ..9;F-,.~} ;:ppRTE ,<' .... Post Office Box IllS L~..:~.9rte,: ,:r;r,~xas 77-5,71 :-'\.,-: ~~. ..: '~.o. :..; :: :. . :.:. .. . ~ . APPROVED BY'COUNSEL: D. . . ~tJ KNOX W. ~SKINS,. rei ty. .Attorney '" .'.. 702 West Fairmont parkway' . Post .Office .Box",!21~. }'" c: ",' ., ::, -La Porte, Texas 77571 ' _Tel~p~one:,' '(7.1~).. 471~1886, '::.a" ':":~.. (~ := -".-. ~-. J '::'~.'-~:'J:\.::' .. .~~.~ . ",. ,.,. , . ....l. .. ....' , '.' ~ .... C~ ., . .':. . .' ... . C'.: ... W' ," ~-::..: ~ :. . ~ (=; -=. .;..1 ~":.r.'-I": ~,... f~:':"i~:' ~~.i". !!.:., Ci"".1'E-'~..:: '. .. :,'.-; ~ ......... '. ... . .M!~~: . .' .' .' . .. .." .,',. c....... ...t,.'_~ily. '-.:'i"J..L ~.~:"'(;t.;;..ai..__.~.~. .._: , ' ....._1..., _. 0" . -. . ,... " (REi,,'ts'ed: '06/86) , , . . : . ::. ": p' I:' ~ F. ~t!,. :::. ,-.. _. ..- .. .-. .J l:_: ! _;.: ., : _ -:'::. "'!: 'I ~: -=.: ~.~... ( .', .1 . I '_~ I G~:.:' :;1' .... . , , . .' . . " I ',' . . . .. 83-8991 SHANC<S SURVEYORS Blllv L. Shlnk. REGISTERED PUBLIC SURVEYOR eco Oemlnl, Suit. 204 HOUlton, Te... 77082 caa.8305 SEJ'THIIIER 1'1, 19R) A 3,O~ ACRE TRACT OUT OF THE GEORGE 1\. HcKINSTRY LEAGUE, ARSTRACT 47, AND THE',WH..N. ,JONES SURVEY, ABSTRACT 482, IIARRIS COUNTY; TEXAS: .' BEGINNING AT- AN""IRON ROD SET IN THE EAST RIGIIT-OF-'.fAY LINE OF BAYl'ARJ..: ROAlJ (100) FEET WIDE), SAID IRON ROlJ REING N 02 DEGS. 28 NINS. 20 SEes. W 92.00 FF.ET ALONG THE EAST LINE Of BAYPARK ROAD FRON TilE COt-\1'ION LINE nET'o/EEN TilE ~N. H. JONES SURVEY AND THE GEORGE McKINSTRY LEAGI!E, SAID IRON ROD ALSO REING S 02 DEGS. 28 MINS. 20 SECS. '" 7R.OO FEET ALONG THE EAST LINE OF BAYPARK ROAD FROr-CROD NO.' 2679: ~'ARKING TilE N9RTllhEST CORNER Of ^ 100 ACRE TRACT; THENCE N 87 DEGS., 29 ,NINS. 52 SECS. E 381.00 FEET TO A 1 INCH IRON ROD; :z THENCE S 02 DEGS. ,28 NINS. 20 SECS. E 349.00 'FEET TO A ~ INCH IRON ROD; TRENCE S 87 DEGS. 29 NINS. 52 SECS. ,~ 381. 00 FEET TO A ~ INCH IRON ROD IN THE EAST RIGHT-Of-WAY LINE Of BAYPARIi: ROAD; THENCE N 02 DEGS. 2H mNS. 20 SECS. W 349.00 FEET ALONG THE EAST RIGHT-OF-'''AY LINE OF BAYPARIi: ROAlJ TO TilE I'OINT Of BEGINNING AND CONTAINING 132, 9b9 SQl'ARE FEET OR 3.05 ACRES OF LAND, I, ~~ 4:..9.~..r.~.J- : ,~.,. ~ .,~.. J. ~".. ,. ..U. ,.. " ":... J . .. ~. ...... . " . .. ...... ..... . I BII.L Y L. Si1ANKS .... \ .......'.' ........... .... '2'11 : , . .. .A, .~. . .~ . ~'. of (0..0 ~--:'$:'~'CI" ,t~;:t:.4.: <. .. _ .. ... ..,..... "V ,;. S'J r- 17 cf.JL-L EXHffiIT flAil . ..~ American Property Tax Service, Inc. Property Tax Consultants 10101 Southwest Freeway, Suite 540 Houston, Texas 77074 , Telephone 713/988-8050 November 01, 1994 Ijp~ :;:f$41f ':---- ~ iit L ".~ '. ...... fJJ <0-..- J -'~')If L~~ A /110/10 ~'~"" , ' .S'S.,. 2 In ",Vi . ell' . .194 v OPht"lIV-4G 'l: f:1? Mr. John Joerns, Assistant City Manager City of La Porte Post Office Box 1115 La Porte, Texas 77572-1115 Re: Eurecat US, Inc. Industrial District Agreement Exhibit "B" 93-IDA-14 Dear Mr. Joerns: Pursuant to your letter of September 29, 1994 on the referenced matter, enclosed please find an updated site layout supplied to us by Eurecat US, Inc. We trust this will meet your requirements and if you have questions or comments on this matter, please call me. Very truly yours, Hanson A. Gilan ,~ . City~ of La Porte J 1_' " !,I .,/, . i J 't) 1 [.,\1.1. ;1.- l'-lL ''"\'_ September 29, 1994 Eurecat U.S., Inc. Attention: Mr. Hanson Gilan c/o American Property Tax Service, Inc. 10101 S.W. Freeway, Suite 540 Houston, TX 77074 Re: Industrial District Agreement (IDA) Exhibit "B" Dear: Mr. Gilan: The City has received from your firm fully executed Industrial District Agreements. However, Exhibit "B" is still outstanding. ,. As indicated in our previous request, 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 (ET J.) 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 ET J. Please forward Exhibit "B" at your earliest convenience. If your firm cannot provide Exhibit "B" as detailed in the IDA, we would entertain a site survey on some similar plat or drawing that delineates the property covered by the IDA. If no such documents are available please notify so other arrangements can be made. Thank you for your assistance. Sincerely, R!1!. ~ 30hn Joerns. ~ ,...., Assistant City Manager JJ/jm I' :' r: " . i ..:: !Ii I . I' t-' I." . . .. tSJ-t\~~l -t, - .- SHANKS SURVEYORS Billy L Shri. REGISTERED PUBLIC SURVEYOR MO GemInI., lulte 204 Houlton. T .... 77012 411. I_ SHTHII\ER 11., 19f\) A 3.0~ ACRE TRACT OUT OF THE GEORGE B. ~lcI\INSTRY .~... 11I..,....... ..~U .........'1:)_.... 1.:"'" I ~..-A.."'"T.'_III:.Ur I ft.. ... I t\'t\!_~c:_<:I.1D.11..r,J,. ~'V '~ "EXHIBIT A", TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND E0~ l).~. \\J~~ (Metes and Bounds Description of Land) 9 . . . . "EXHIBIT B" \ TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND Gu~ \J. S. l \o...)c.eva-P~ Je'35e-t.../L (\, 1 (Attach Plat reflecting the '''''''ersllil' bound~ines; 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 .. . '. . . :!'. <:.'~" . ~~~. .:; ':". ;..... . ... .. ::. . ~ . . .' .. .1 . ~ . . '. -. ,= . :;...... "." . . . . ~~ J NOTE: ALL ELEVATIONS ARE ASSUMED AND R HOT ON ANY DATUJ\. /' ~~ N 87- Z9' 5Z" E ..~ r tL OF DITCH ~ \t..4 )(- - -X N 87.Z9' 5Z.E ') ~o.,1 17.8 tI,\ '" t\I + I8.Z a- WEST LI-..E OF 100 ACRES + 17.8 ....... ~ d ci ~ Gl ,,,. t\I - o I ~ 0 Q NO - ~bJ ~ -i-.~-.'I '0 '" ~., -.. 1\1. '7.t . 1\1 o :z 174 + 174 ~-~.--.. ~---".-o::?J'\~-:~ + 17.5 ~ a:: ~ _to ~J-~ ~ m '7.5 + 174 ~:tS ~ 17.3 ~\.., ", - .! .00 r~'i' fB."'{ . + 18.~ WM. M. JONES SURVEY ABST~!4CT 482 .,' I~"" ., :~ 17.8 "'~. GEORGE McKINSTRY LEAGUE ABSTRACT 47 ~; ((. ~ f~' f\~~ 6 .. ~ Q_.~ S_,,.-!Z.!.. . " ~f' .- ::. ~ ~~ , ... _:. 17.4 ,~. S .87- Z9' SZ"W en l\I . - en ~ t .f>.. .,..o-r~~ ~"iP ~OUTH LINE Q~ 100 ACRES ". +.17,". r. . ';1.:.,"," '7.3 381.00 .. .' ::~ ~\ ""~ x lEU. + \8.(. I : ~.\~ ct:" . 18.0 + 18.4 \lI'. '. f . ,," 17.5 . .: + 174 o '.. o ". ~ \fI-~.': ~.~ ,7." l") : .' ~ . I . a' . &.. O. ... k 7'.. · l~. .~Q . j~ ~~. .1..,....--.- . '. :'::~~ :': '.~ . .: ., . tn ,t. 1 11l>..p rr.7 * --:-:- "'l:';;'-~~~~~?'.-/" .::~, ~f;." .:. .: :-:'.'lli::;T.r.~:J<: :~...I'" + 174 .+ I7.Z . I ",.' 17.8 I7.S "'~ SURVEY Of A 3.0S ACRE TRACT OUT OF THE (;EORGE B. McKINSTRY LEAGUE1 AND' THE tm. M. JONES SURVEY I HARRIS COUNTY1 TEXAS SCALE: 111.40" DATE: 9~14-83 SURVEY BY: R.L. DRAWN 8Y:' J.E.B. FOR: EURECAT '. PURCHASER: . .;~ ~. JO NO. 83-89'1' I HEREBY CERTifY THAT THIS SURVEY CONFORMS TO. THE CURRENT TEXAS : SURVEYORS ASSOCIATION STANDARDS. AND SPEcaFICATJONI FOR A CATEGOII'f 18, CONDITION. 5 IURYh. , SHANKS SURVEYORS ~ . '. ..l. . .,. . "0 GEMINI 488-8 . ... . i '; .-- -.-- -- -- -- -.- ----- EURECAT U.S., INC. 93-IDA-14 Exhibit B -- -- ---- - -.-- .--.... --.... .I!JS SCN.l: 1"-:nr --- "'" --- 2 - I - D -- A...... A _.... ..... "''11 ~.& ~tCI .. ..,.... ...,.. I.MnI .. nu. IllIG ,. CDC'IallIC1'DI a.. Nt -'PM. ..c...' ..... ...... .. - - . U.S. INC. .BAYPORT. TEX GRADING. PAVING AND DRAINAGE PLAN - 2 ,> ( ~ " i ~ N ---3: DOl JtT4 P&VW: n. --_:~~~._C B4~"~ ~ - . 1/ . ROIoD (--I) J- --- ----- i ~ r(1'rP.) - Cll&10lG _ I/O llUISIDt. -- .,SA CII-' ICc.u urnJr CIIlIlI. WUI'IICN:, Cld' 'IP 0. '- 'IP 0.11.11" 001-2 J~l"" lICE. /~; ~~=' -l r C\lNC. o- r 'IP 0..11.11" 11.111' k ! :! .z '0-.,," .slffitE 'IP 0. ..) -- I!.~ ~iillC ;t.. -a ~i /If " ~ , 2 1/ ~ 2 b ! - -, i-, L '.40.ocr )lC. [1lP. RJ(I (1'rP.) ...J 15llU>'1ClN ..... '--- TIP nil.... ...J ...J .. 3 : iii L o.a:UIlI' Toe rL n 'OlIO' /(1'Il'.AU.I'UIllI-> ./(' Sl.e-~ , rCOlC.I'UIllI_ 'IP 0. ...... k ~ .z 'IP 0.11.11' ,0-.,20' PROOuCTION w:2 o S1CCC .... .z ~ :Ii = i ~ \w -~ i IS ~ L 2-_ iiiiiii"N'ii. 1.4. T. I I I I I I~ 'IP 0. ..,>>' '..'10" Ji6ii"H(lU';f PAD - -------- ._'""uc ~ ~.... u..oo.z'" .. ..~...:.. r .~:J-----~~~~~~__- -- r-- ~o ~~~ ----l . - - I m:JX[ - [. So2D." : . ~en ,.... SS-DI - .sI4fll:6I _...."SllIlI[. CA-OI 1Xl00 r,Oor 'OC. ....,011.1$'1. e e INC. - BURBCAT U.S., 93-IDA-14 BXHIBlT B .