HomeMy WebLinkAbout93-IDA-18
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NSINDUSTRIAL
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March 26, 2001
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Mr, Robert T, Herrera
City Manager
City of La Porte
P. O. Box 1115
La Porte, TX 77572
Dear Mr. Herrera:
In compliance with the terms of the La Porte Industrial District contract, I am enclosing
the 2001 Rendition for A TOFINA Petrochemicals, Inc.
I am also enclosing a copy of the documentation for the name change from Fina Oil and
Chemical Company to ATOFINA.
If you have any questions, please contact me at (972) 487-9391.
Sincerely,
ff-~~
Joan E, Tulloch
Cc: Hugh Landrum and Associates
'~ IE lC IE B W IE ~
MAR 2 8 2001
I
catv MANAGER'S
OFFICE
P.O. BOX 92108, AUSTIN, TX 78709 . 512-858-2373.800-470-9555. fax 512-858-2369
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CONFIDENTIAL
INVENTORY OF PROPERTY
TO:
LAPORTE INDUSTRIAL DISTRICT
CITY OF LA PORTE
p, O. BOX 1115
LA PORTE. TEXAS 77572
REFER CORRESPONDENCE TO:
INDUSTRIAL VALUATION SERVICES, LLC
P. O. BOX 92108
AUSTIN, TX 78709
(972) 487-9391
PROPERTY LISTED BELOW [S OWNED AND RENDERED BY FIN A OIL AND CHEM[CAL COMPANY
(CHEM[CAL DlV[S[ON) AND [S RENDERED FOR THE ASSESSMENT OF TAXES FOR THE YEAR 2001.
IPROPERTY NUMBER.
DESCR[PTION
EST. OF VALUE
PERSONAL PROPERTY
42-201-21-0000 I 536-000 I
PLANT PERSONAL PROPERTY
@ 1802 BATTLEGROUND RD.
8.500,000
REAL ESTATE
42-201-21-00001614-0002
TRACTS 27A& 27B(87.79 AC)
ABST 46, A. MC CORMICK
LESS 8.55 ACRES CITY OF LAPORTE
79.24 ACRES [N [NDUSTR[AL DlSTR[CT.
202,5 11,690
I AFFIRM THAT THE [NFORMA T[ON CONTAINED [N TH[S REPORT IS ACCURATE AND
COMPLETE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND COMPLETE INFORMAT[ON
NECESSARY TO IDENTIFY THE PROPERTY, TO DETERM[NE ITS OWNERSHIP, T AXAB[LlTY
AND SITUS WILL BE MADE AVAILABLE FOR INSPECTION BY EMPLOYEES OF THE APPRAISAL
AlITHORITY ON REQUEST.
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JOtl E. TULLOCH
M:u-ch 26. 200 I
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CERTIFICATE REGARDING NAME CHANGE
I, Tammy Daley Walston, Assistant Secretary of ATOFINA Petrochemicals, Inc"
a Delaware corporation (the "Company"), do hereby certify that (l)the attached
document entitled "Certificate of Amendment to Certificate of Incorporation of
Fina Oil and Chemical Company" is a true and correct copy of the certificate
bearing the same heading filed in the Secretary of State of the State of
Delaware's office on June 6, 2000; (2) the attached document entitled
"Certificate of Correction Filed to Correct a Certain Error in the Certificate of
Amendment to Certificate of Incorporation of ATOFINA Petrochemicals, Inc.
(formerly Fina Oil and Chemical Company)" is a true and correct copy of the
certificate filed in the Office of the Secretary of State of Delaware on June 29,
.000; and (3) the attached document entitled "Certificate of Correction Filed to
Correct a Certain Error in the Certificate of Amendment to Certificate of
Incorporation of ATOFINA.Petrochemicals, Inc." (to correct the spelling of the
Company's name) is a true and correct copy of the certificate bearing the same
heading filed in the Secretary of State of the State of Delaware's office on
October 10, 2000.
the
IN WITNESS WHE~I have executed this Certificate
Company, this~ day o~YI~'l 2001.
and affixed the seal of
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State of Delaware
Office of the Secretary of State
PAGE 1
J:, EDWAlU) J. FREEL, SECRE'1'ARY OF S'1'ATE OF '1'HE S'1'ATE OF
DELAWARE, DO HEREBY CER'1'J:FY '1'HA'1' '1'HE SAJ:D "FJ:NA OIL AND CBEHJ:CAL
COMPANY", FILED A CERTJ:FICATE OF AMENDMEln, CHANGING J:'1'S NAME '1'0
"ATOFJ:NA PETROCHEMICALS, :tNC.", THE S:tX'l'H DAY OF JONE, A.D.
2000, AT 4 O'CLOCK P.M.
AND I DO HEREBY FURTHER CERT:tFY THAT THE ANNUAL REPORTS HAVE
BEEN FJ:LED '1'0 DATE.
AND I DO HEREBY FURTHER CERTJ:FY THAT THE FRANCHISE TAXES
HAVE BEEN PAID '1'0 DATE.
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0524526 8320
~4M</
Edward J. FI"eel, Secretary of State
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001318944
AUTHENTICATION:
DATE:
0516190
06-22-00
.1l1/U",/UU DlUN.1.1:;J.L rAA l:CHlUlbDOllb
TU'l'AL r J.NA
141I 002
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State of Delaware
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Office of the Secretary of State
PAGE 1
I, ED~ J. FREEL, SECRETARY OF STATE OF ~BE STATE OF
DELA~, DO HEREBY CERTXFY THE ATTACHED XS A ~RUE AND CORRECT
COpy OF '.rBE CERTXFXCA'.rE OF CORRECTXON OF "ATOJrDIA
PETROCHEMICALS, XNC.", FXLED XN THIS OFFXCE ON THE 'l'WEN'l'Y-NXNTH
DAY OF JUNE, A.D. 2000, AT 5:30 O'CLOCK P.M.
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0524526 8100
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Edtuard " Freel, Secretary 01 Stllte
AUTHENTXCATXON: 0646565
001437884
DATE: 08-29-00
~U/U~/UU MUN 11:3~ ~^A ~al~aijija~ij
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CERTIFICATE OF CORRECTION FILED TO CORRECT
A CERTAIN ERROR IN 1l1E CERTIFICATE OF AMENDMENT
TO
CERTIFICATE OF fNCORPORATION
OF
ATOFINA PETROCHEMICALS, INC (formerly
FINA.. OIL AND CHEMICAL COMPANY)
FILED IN THe OFFICE OFTHE SECRETARY OF STATE
OF DELAWARE ON JUNE S. 2000,
ATOFINA PETROCHEMICALS. INC, a corporation organized and ex;~ting
under and b~' virtue of the General Corporation law of the State of Delaware,
DOES HEREBY CERTIFY:
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,. The name pf the corporal ion is ATOFINA PETROCHEMICALS. INC,
2. That a Certificate of Amendment was filed by the Secretary of State of
Delawara on June 6. 2000, and that said Certificate requires correction as
permitted by Section 103 of the General Corporation law of the State of
Delaware, .
3, The inaccuracy or defect at said Certificate to be correded is as
follows:
IN WITNESS WHEREOF, the Corporation has ca.used this certificate to be
signed by its duly autt'lorized SsC'atary the 8~ day of January, 1999.
4, The execution. sealing Dr acknowledgment at the Certificate is
corrected as follows: IN WITNESS WHEREOF. tt'le Corporation has caused this
certificate te be signed by its duly authorized Secretary the 2nd day of June, 2000.
IN WITNESS WHEREOF, said ATOFINA PETROCHEMICAlS, INC" has
caused tt'lis Certificate to be signed by Linda Middleton, its Secretary this 29lh
day of June. 2000,
~:CHEMICALS. INC.
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Linda Middleton. Secretary
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State of Delaware
Office of the Secretary of State
PAGE 1
:I, EDWAlU) J. FREEL, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERT:IFY THE ATTACHED :IS A TRUE AND CORRECT
COpy OF THE CERT:IF:ICATE OF COlUU:CT:ION OF "ATOF:INA
PETROCBEKICALS, :INC.", J!':ILED :IN TB:IS OFli':ICE ON THE 'rENTH DAY OF
OCTOBER, A.D. 2000, AT 10 O'CLOCK A.M.
A F:ILED COPY OF TH:IS CERT:IF:ICATE BAS BEEN FORWARDED TO THE
NEW CASTLE COON'rY REC01U>ER OF DEEDS.
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0524526 8100
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Edward ], Freel, Secretary of State
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AOTHE~:ICAT:ION: 0726358
001508123
DATE: 10-11-00
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CERTIFICA TE OF CORRECTION FILED TO CORRECT
A CERTAIN ERROR IN THE CERTIFICATE OF AMENDMENT
TO
CERTIFICA TE OF INCORPORATION
OF
A TOFINA PETROCHEMICALS, INC.
(formerly FINA OIL AND CHEMICAL COMPANY)
FILED IN THE OFFICE OF THE SECRETARY OF STATE
OF DELAWARE ON JUNE 6, 2000
ATOFINA PETROCHEMICALS, INC" a corporation organized and existing
under and by virtue C?f the General Corporation Law of the State of Delaware,
DOES HEREBY CERTIFY THAT:
1, The name of the corporation is ,A TOFINA PETROCHEMICALS,
INC,
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2. A Certificate of Amendment was filed by the Secretary of State
of Delaware on June 6, 2000, and that said Certificate requires
correction as permitted by Section 103 of the General Corporation Law
of the State of Delaware,
3, The inaccuracy or defect of said Certificate to be corrected is as
follows:
First: The name of the Corporation is
ATOFINA PETROCHEMICALS, INC,
4, The name of the corporation if; corrected as follows:
A TOFINA Petrochemicals, Inc,
IN WITNESS WHEREOF, said ATOFINA Petrochemicals, Inc, has caused this
C~ificate to be signed by Tammy Daley Walston, its Assistant Secretary, this
~ day of October, 2000,
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A TOFINA Petrochemicals, Inc.,
a Delaware corporation
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Alan Kell, CMI ~ . Lcu.J V-u M.
Manager k J /'J ~
Ad Valorem Tax Group L , f.....A:;;;I---
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RECEIVED j
March 29, 1994
City of La Porte
P. O. Box 1115
La Porte, Texas 77572
'MAR 3 1 1994
CiTY IvJANAGERS
OFFICE
Gentlemen:
Attached is Fina Oil and Chemical Company~s 1994 Inventory of
Property as required by the La Porte Industrial District
Agreement.
No estimate of value is given as the values for 1994 have yet
to be finalized by Hugh Landrum and Associates.
Also attached is a list of vendor~s with property located at
1802 Battleground Road.
sincer,di Pf
~~~3 CM!
Ad Valorem Tax Manager
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Attachment
Fina Oil and Chemical Company
Ad Valorem Tax Group
P.O. Box 2159' Dallas, Texas 75221 · (214) 750-2638' Fax (214) 890-1886
- Certified Member of the Institute of Property Taxation -
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CITY OF LA PORTE
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PHONE (7131 471,5020 . P. O. Box 1 1 15 G LA PORTE. TEXAS 77572
January 27, 1994
Fina Oil & Chemical Co.
c/o Mr. Allen Kell, Tax Manager
P.O. Box 2159
Dallas, TX 75221-2159
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Kell:
A fully executed Industrial District Agreement together with the approval ordinance are
enclosed. While reviewing the documents, we noticed that only one (1) ;copy of Exhibit liB II
was furnished.
The City has retained this exhibit for filing with its copy of the Industrial District
Agreement. We trust that you will secure a copy of Exhibit.' liB II to complete your copy of
the Industrial District Agreement.
Thank you for your assistance in completing these documents.
Sincerely,
Q~\,~
Robert T. Herrera
City Manager
RTH/cjb
Enclosures
cc Jeff Litchfield, Finance Director
IDA File #IDA-93-18
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Industrial District Agreements
Each company's packet should contain the following:
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A letter offering the agreement and certified copy of ordinance
A letter requesting action / . /
V'v ,/ vV
Agreement - signed by company. Mayor. RTII.- Sue. Knox
Exhibit II A II /'
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Exhibit II B II - some will not have this item since we kept the only one that was sent
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MARVIN L. ROE
Senior Tax Representative
(214) 750-2673
Flna 011 and Chemical
Company
AD VALOREM TAX DEPARTMENT
P,O. Box 2159
Dallas, Texas 75221
RECEIVED
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SEP t 1 1991
Ci r.t MANAGERS
OFFICE
September 09, 1991
Bob Herrera
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
RE: 1987 La Porte annexation
Dear Mr. Herrera,
As per the request of Mr. Hugh Landrum I enclose two plats
showing the 1987 annexation to the City of La Porte.
The information contained in these plats is privileged and
confidential information intended for the use of Fina Oil and
Chemical Company. Any dissemination. distribution or copying
of these plats is strictly prohibited.
If you should have any questions or ~td further please give
me a call.
Sincerely,
Suh\J r\~ll~c WV\.AlN~/I\~.J
;.\....~ ( c...)-'(~'() 0.... ~ c..v
h1~~,R~
Marvin L. Roe
Enclosure
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co: Alan Kell, CMI
MEMBER OF THE INSTITUTE OF PROPERTY TAXATION
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ORDINANCE NO. 93-IDA-18
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH FINA OIL AND CHEMICAL
COMPANY, 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.
FINA OIL AND 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
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.
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ORDINANCE NO. 93-IDA-18
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:~~
rman L. Ma one,
Mayor
ATTEST:
L
Sue Lenelr;-
City Secretary
L
AP~D:
O~ ,uJ
Knox W. ASkins,
City Attorney
CURRENT NAME
Fina Oil & Chemical Co.
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PREVIOUS NAME & DATE
Cosden Oil 1985 - 1986
Arco Chemicals up to 1984
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CITY OF L! PORTE
PHONE (713) 471.5020
. P._O. Box 1115
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L.A PORTE. TEXAS 77572
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January 11, 1994
Fina oil & Chemical Co.
c/o Mr. Allen Kell, Tax Manager
P.O. Box 2159
Dallas, TX 75221-2159
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Kell:
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
RTH:sw
Enclosures
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NO. 93-IDA-~ {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEKENT
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 FIIJA OxL hlJD CJljJ>1XI ilL ~bMMAl!J
, a DI:LJJJ,uARE. corporat10n, 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, and such' policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its pOlicy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La. Porte, said land being
legally'described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed
by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said city and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
Revised: October 22, 1993
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City covenants, agrees and guarantees'that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers.said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by c~ty during the term hereof' (except as hereinafter
provided) and shall have no right to have' extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
.(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
it is agreed that City shall have the right to institute or
intervene in any' administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were
not subject to the Agreement.
II.
In the event that any 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
unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris county Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
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property in 'the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 1994, and on or before each April 15th
thereafter, unless an extension is granted.in accordance with the
Texas Property Tax Code, through and including April 15, 2000,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or company's
duly authorized agent, ,(the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The 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 for in this
paragraph, shali 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
Yearn).
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 wpich would be payable to City if all of the
company's Land and improvements which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by City's independent
appraiser; and
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City if all
of the Company's Land and improvements which existed
on January 1, 1997, January 1, 1998, January 1,
1999, and January 1, 2000, had been within the
corporate limits of City and appraised each year by
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City's independent appraiser; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new construction,
in excess of the appraised value of same on January
1, 1993, resulting from new construction (exclusive
of construction in progress, which shall be exempt
from taxation), for each Value Year following
completion of 'construction in progress, an amount
equal to Thirty percent (30%) of the amount of ad
valorem taxes which would be payable to City if all
of said new construction had been within the
corporate limits of City and appraised by city's
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 t.he 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
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of leased equipment, ,railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1997, January 1, 1998, January 1, 1999,
and January 1, 2000, had been within the corporate
limits of city and appraised each year by the City's
independent appraiser.
wi th the sum of 1, 2 and 3 reduced by the amount of ci ty '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 ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods
of time on or before August 31, 2000,' the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
city to annex land belonging to Company or imposes further
obligations on City in connection ,therewith after the annexation
of such land, Company will waive the right to require, City to
comply with any such additional restrictions or obligations and the
rights of the parties shall be then determined in accordance with
the provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994. .
V.
This Agreement may be extended for an additional period or periods
by agree~ent 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
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City on or before the date therefor hereinabov~provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions,' plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to ci ty in accordance wi th the
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to ~ticle 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 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 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
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\'
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Articles 224-238, vernon's
Annotated Revised civil statutes of Texas). Costs of the
arbitration shall be shared equally by the Company and
the city, provided that each party shall bear its own
attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes It payments hereunder, which shall accrue penal ty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, ,and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity
of assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other la~downer with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs City of
La Porte, civil Action H-89-3969, United States District Court,
Southern District of Texas.
7
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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 applic~tion, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be ~ndependent,
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.'
ENTERED INTO effective the 1st day of January, 1994.
ATTEST: ~~ ~
~~~~
City Secretary
AP~:tJ.
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (713) 471-1886
Fax: (713) 471-2047
By:
JJ
- Chemicals
CITY OF LA PORTE
By: ll~~~
' rmanL. M lo
Mayor
By: Ql~~~ T. ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
8
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Alan Ken, CMI
Manager
Ad Valorem Tax Group
RECEIVEO'
October 28, 1993
Mr. Robert T. Herrera
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77572
OCT 2'9 1993
CITY MANAGERS
OFFICE
Dear Mr. Herrera:
Enclosed please find two executed copies of the Industrial District Agreement
between the City of La Porte and Fina Oil and Chemical Company.
Attached to the original is a complete plot plan of Fina's facility and a complete
metes and bounds description of the land.
Should you require further information, please let me know.
~;:~
Alan Kell, CMI
AK/hls
Attachments
Fina 011 and Chemical Company
Ad Valorem Tax Group
P,O, Box 2159. Dallas, Texas 75221 · (214) 750-2638. Fax (214) 890-1886
- Certified Member of the Institute of Property Taxation -
.
.
\
"EXHIBIT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
(Metes and Bounds Description of Land)
9
.
EXHIBIT A
e
PARCEL 1
. All of that lot or parcel of land, containing 76.50 acres, more or less, in the
Arthur McCormick Survey, Abstract No. 46, Harris County, Texas, being a part
of that certain 736.37 acre tract conveyed to Phillips Petroleum Company and
designated "Tract A" in the deed dated April 4, 1956, and recorded in Volume
3132. Daoe 541, of the Deed Records of Harris County, Texas, and being a part
of that certain 75.57 acre tract conveyed to Diamond Shamrock Corporation
by Phillips Petroleum Company in deed dated September 30, 1970, and
recorded in Volume 8175. Daoe 159, of the Deed Records of Harris County,
Texas and being all of that certain 41 .11 acre tract conveyed to Diamond Alkali
Company (now or formerly the Diamond Shamrock Corporation) by Alamo
Industries by deed dated August 1, 1967, and recorded in Volume 6866. Daoe
303, of the Deed Records of Harris County, Texas; and being the same
premises conveyed to ARCO Polymers, Inc. by Diamond Shamrock Corporation
by deed ("Deed") dated April 22, 1977, filed and recorded under County Clerk's
File No. F118266, Harris County, Texas; and being more particularly described
by metes and bounds as follows using grid bearings referred to in the Lambert
Projection of Texas, South Central Zone with "0" being equal to 1 degree 55'
13" at San Jacinto Monument, to wit:
BEGINNING at the point of intersection of the
centerline of State Highway No. 134 (Battleground
Road) and the centerline of a 60 foot road known
as Miller Cut-Off Road, said point also being the
southwest corner of said 41 .11 acre tract;
THENCE North 20 29' West with the centerline of
State Highway No. 134 and the west line of said
41 .11 acre tract and the said 75.57 acre tract, at
650.00 feet the northwest corner of said 41 .11
acre tract, at 1300.00 feet in all, to point for the
northwest corner of this tract;
THENCE North 870 28' East 2179.7 feet to a
point for the northeast corner of this tract, in the
northeast line of said 75.57 acre tract;
THENCE South 330 02' East with the northeast
line of said 75.57 acre tract and the northeast line
of said 41.11 acre tract, at 754.4 feet the
northeast corner of said 41.11 acre tract, at
1508.8 feet, in all, to a point for the southeast
corner of said 41.11 acre tract, and this tract, i
the centerline of said Miller Cut-Off Road:
THENCE South 870 28' West with the centerline
of said Miller Cut-Off Road 2946.6 feet to the
PLACE OF BEGINNING, containing 76.50 acres of
land, more or less.
.
.
PARCEL 2
11.29 acres, more or less, in the Arthur McCormick Survey, Abstract No. 46,
Harris County, Texas, being a part of that certain 220.28 acre tract conveyed
to Diamond Shamrock Corporation by Phillips Petroleum Company in Deed
dated May 30, 1972, and recorded in the Deed Records of Harris County,
Texas, under County Clerk's File No. 0-605635 and Film Code 145-26-2538,
and being that certain parcel of land conveyed to ARCO Polymers, Inc., by
Diamond Shamrock Corporation in deed ("Second Deed") dated August 24,
1977, filed and recorded under County Clerk's File No. F270795, Harris
County, Texas, and being more particularly described by metes and bounds as
following using grid bearings referred to in the Lambert Projection of Texas,
South Central Zone with "0" being equal to 10 55' 13" at San Jacinto
Monument, to wit:
COMMENCING at a point in the centerline of a
sixty foot (60') road known as Miller Cut-Off Road
for the most southerly southwest corner of the
said 220.28 acre tract and the southeast corner of
that certain 41.11 acre tract conveyed by
Diamond Alkali Company (presently the Diamond
Shamrock Corporation) by Alamo Industries, Inc.,
by deed dated August 1, 1967, and recorded in
Volume 6866. Dace 303, of the Deed Records of
Harris County, Texas, THENCE North 330 02'
West along the northeast line of said 41.11 acre
tract 338.71 feet to the beginning point of the
herein described 11.29 acre tract;
THENCE North 330 02' West along the northeast
line of said 41.11 acre tract and a 76.50 acre
tract 1170.09 feet to a point for the northeast
corner of said 76.50 acre tract;
THENCE North 870 28' East 615.00 feet to a
point for corner;
THENCE South 530 07' East 458.55 feet to a
point for corner;
THENCE South 250 06' West 809.34 feet to the
PLACE OF BEGINNING, containing 11.29 acres of
land, more or less.
, , .
~
.
.
"EXHIBIT B'~
TO INDUSTRIAL DISTRICT AGREEMENT
, BETWEEN THE CITY OF LA PORTE
AND
FINA OIL AND CHEHICAL 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.)
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