HomeMy WebLinkAbout93-IDA-19
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ORDINANCE NO. 93-IDA-19
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEKENT WITH FMC CORPORATION, FOR THE TERH
COMKENCING 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.
FMC CORPORATION has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 1994, and ending December 31, 2000, a copy
of which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the city of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the city Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
Civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subj ect matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 93-IDA-19
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 14th day of February, 1994.
CITY OF LA PORTE
By:
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"No man L. - a on ,
Mayor
ATTEST:
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Sue Lenes,
City Secretary
APPROVED:
f3:4uJ
Knox W. Askins,
City Attorney
CURRENT NAME
FMC Corporation
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PREVIOUS NAME & DATE
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CITY OF L" PORTE
PHONE (713) 471.5020 . p, 0, Box 1 115 . LA PORTE. TEXAS 77572
February 15, 1993
Mr. Stephen A. Kuntz
Fulbright & Jaworski
1301 McKinney, suite 5100
Houston, TX 77010-3095
Re: FMC corporation
City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Kuntz:
I am pleased to enclose herewith fully executed duplicate original
copy of the industrial district agreement between your firm and the,
City of La Porte, effective January 1, 1994, for the term expiring
December 31, 2000.
I also enclose certified copy of the City of La Porte's approval
ordinance, for your records.
Thank you for your cooperation in this matter. If my office can
ever be of assistance to your firm, please do not hesitate to call.
Yours very truly,
CITY OF LA PORTE
By: G?o.luAt 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 AGREEMENT
This AGREEMENT made and entered into by and between the CI~Y
OF LA PORTE, TEXAS, a municipal corporation of Harris'County,
Texas, hereinafter called "CITY", and . FMC Corporation
, ,a Delaware corporation, hereinafter
called "COMPANY"',
WIT N E SSE T H:
WHEREAS, it 1S the established policy of the City council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing.
industries' therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial 'District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") i
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed
by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and, ,for' such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby agree
with each other as follows:
Revised: October 22, 1993
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I.
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 a'nd not now
within the corporate limits of City, shall be immune from
annexation by City daring 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) p~escribing any building, electrical, plumbing or inspection
code or cod~s, 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 heretof'ore been
annexed by City, Company agrees to render and pay full City ad
valor~m taxes on such annexed Land and improvem~nts, 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 Lan~, improvements, and tangible personal property in the
un annexed area for ,the ,purpose of computing the "in lieu" payments
hereunder. Therefore, the parties agree that the appraisal of the
Land, improvements, and tangible personal property in the unannexed
area shall be conducted by City, at City'S expense, by an
independent appraiser of city's selection. The parties recognize
that in making such appraisal for "in lieu" payment purposes, such
appraiser must of 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
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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 fOl;m. 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, 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 addres~es 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
Prope,rty as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to city and pay an amount "in lieu
of taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. (a) Fifty percent (50%) of the amount of ad valorem
taxes which would be payable to city ,if all of the
Company's Land and ~mprovements 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 perce~t (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
i~dependent appraiser.
(b) A Substantial Increase in value, o~, t~e 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, 19,93; 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 valQe established on January 1, 1993, an amount
equal to the am~unt of the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value;' and
3. (a) Fifty-percent (50%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
inventory, ,oil, gas,. 'and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1994, January 1, 1995, and January, 1,
1996, had been within the corporate limits of City
and appraised each year by the city's,independent
appraiser;
(b) Fifty-three percent (53%) of, the amount of ad
valorem taxes which would be payable to City on all
of the Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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of leased 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.
with the sum of 1, 2 and 3 reduced by the amount of city's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
'IV.
This Agreement shall-extend for a period beginning on the 1st day
of January, 1994, and continuing thereafter until December 31,
2000, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods
of time on or before August 31, 2000, the agreement of city not to
annex property of 'Company within the District shall term~nate. 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 ariy 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 riqht 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 th~ right to take all legal steps desired' by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
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o 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 un annexed portions of company's hereinabove described
property which would be due to Ci ty 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 ~inal judgment of a court of
competent jurisdiction or as' the result of other final conclusion
of the 'controversy, ' then wi thin thirty (30) days thereaofter 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 wi th any appraisal made by the
independent appraiser selected by city pursuant to Articl~ 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
apprais~l made by said independent appraiser' shall be final and
controlling for. purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by city,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement 'by Company, Company agrees to pay to city on
or before December 31.of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitteg to City by Company hereunder. .
"in lieu of taxes" 1~a=, WhiChe~
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by city, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10, days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
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'of the difference between the parties as 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 ~axes" payments hereunder,. which shall accrue ,penalty and
interest in like manner as delinquent taxes, and which shall be
collectible ,by City in the same mann€:r as. provided by law for
delinquent ta~es.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon company's successors ,and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein .contained shall be held to be covenants running
'with the land owned by Company situated within said territory, for
so long as this Agreement" or any extension, thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity
of assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other la~downer with
respect to an industrial district or enters into a renewal of any'
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs city of
La Porte, civil Action H-89-3969, United states District Court,
Southern District of Texas.
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X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without, such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall, be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application,. invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the"Agreement shall be deemed to be indep~ndent
of and separable from the remainder of this Agreement ,and the
validity o( the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 1994.
ATTEST:
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City Secretary
W. As ins
Attorney
of La Porte
P.o. Box 1218
La Porte, TX 77572-1218
Phone: (713) 471-1886
Fax: (713) 471-2047
E'MC CORPORATICB
(COMPANY)
By: W c.,p~~
Name: W\l"'L'A~~ '
Title:~ ~ - ~
Address: 1735 S t ~
Philadelphia, Pennsylvan~a ,19l03
~ OF LA PORTE
By: Ll ?p~7~~
orman L. Mal~e ~
Mayor
By: QulwJ= \. ~
,Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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FULBRIGHT & JAWORSKI
L. L. P.
A REGISTERED L.IMITED L.IABILITY PARTNERSHIP
1301 MCKINNEY, SUITE 5100
HOUSTON, TEXAS 77010-3095
HOUSTON
WASHINGTON,D,C,
AU5TIN
SAN ANTONIO
DAL.LAS
NEW YORK
LOS ANGEL.ES
LONDON
ZURICH
HONG KONG
TEL.EPHONE: 713/651-5151
TELEX: 76-2829
f"ACSIMILE: 713/651-5246
WRITER'S DIRECT DIAL NUMBER:
713/651-5241
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r\-. .~_.1.: ~. A ;~~ ~ ~J ~~ ~; i ti
BY MESSENGER -
RETURN RECEIPT REQUESTED
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b lbbll U c.~ : ':"'..i,1,
February 4, 1994
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Re: FMC Corporation/lndustrial District Agreement with the City of La Porte,
Texas for the Period January 1, 1994 through December 31,2000
Mr. Knox W. Askins
Askins & Armstrong, P.C.
702 W. Fairmont Parkway
La Porte, Texas 77572-1218
Dear Knox:
Pursuant to our telephone conference today, enclosed please find two (2)
originals of the above-referenced agreement (the "Agreement"), which have been
executed by FMC Corporation.
As we previously discussed, the language after the word "hereunder" in the
last sentence of the second paragraph of Article VI, B on page 6 of the Agreement has
been crossed out and initialed by FMC Corporation in order to conform this sentence
to the second paragraph of Article VI, A on pages 5-6 of the Agreement. Please cause
City of La Porte to initial the struck-through language in connection with their
execution of the Agreement.
We understand from our telephone conference that the Agreement will be on
the City Council's agenda for the February 14, 1994 meeting. Mter the Agreement has
been executed by City of La Porte, please send me one fully executed original, together
with a certified copy of the approval ordinance.
0263478
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Mr. Knox W. Askins
Askins & Armstrong, P.C.
February 4, 1994
Page 2
If you have any questions, please call me at (713) 651-5241. Thank you for
your attention to this matter.
Very truly yours,
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Stephen A. Kun z --
SAK/tik
Enclosures
cc: Mr. James M. Steinberg
Counsel
FMC Corporation
19th Floor
1735 Market Street
Philadelphia, Pennsylvania 19103
(w/o enclosures)
Mr. Jeff McRae
Comptroller
FMC Corporation
12000 Bay Area Boulevard
Pasadena, Texas 77507
(w/o enclosures)
0283478
SENT BY:
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;10-31-83 7:23PM;
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TELEPHONIf17I1l/"'.8151
TEL.EX: ".-IIeI!.
l""OSIM'L.EI "1~/e.I-IIl'Je
WFlITIDI'8 DIAsCf DIAL. NUMBa",:
7DASI.....
FUL19RIGHT & JAWORSKI
LLP.
" RIt018TIA..D LIMITtD UA81L.ITV ..ARTNEFlSHIJI'
1301 MCKINNEY. SUITE 8100
HOUSTON. TEXAs 77010-309&
HOUSTON
WASHINdlTON. D.C.
AUSTIN
lSAN ANTONIO
DALLAS
NIW VOIIK
a.oe ANOIli:Lq
L.ONDON
ZU"I~
HONG KONG
BY 'I'Ii!J .1U'!l\'P11i!R NO. 4'11-7188
. October 31. 1998
Be: FMC Corporation ("NC")
QV or La PO!1G Proposed Industrial District .Agreement :.
, tor.the Te,rm .r~:.1I,l994' throuJhJlecembet.-S1,..2OOO:.....;.;...;.:.
..~:.----.:..;......i.,_............"""'_____._~
["-.," ,
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Mr. Robert T. Herrera
Oity Manager
:I of La Poria
West Fairmont Parkway.
P.O. Box 1116
La Porte, Tau 7'7672-1111;1
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Dear Mr. Herrera: :,:' : -I'" .,
'I" ...':.: ,; : ',:'\ . We 'are writing to eonfirm the matters we cUscusled withyoorotftce in a telephone
", coiltliniilce last Wednesday, ' , '
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, LaBt week, NO reeeiftd the revised tbrm. Dr industrial district agreement.
However, the me .attorney in Philadelphia re8pomlble for reviewlnglDd obtaimn, execution
or tha Jetter of intent ad the industrial diatrlct agreement il out of town until tomotrow.
While we do Dot foresee at this time any problem with the Jetter of intent or the iadultrlal
district agreement. me needs a few additional cf.qI to allow the relponsible, comPIlD1'
p8~.1 the opporttmity to review the reviled doCum~Dte.
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We under$md from '!lor telephone oont'er~11CB with your Dmce that this br~
extensioD wiD, uot be a problem. , '. , " '. . '
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It you haw any questions, please call me at 651-6~. ' ' " '
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Thank you for your col28ideratioD and cooperation In response to this request.
, , .
Ver,y~ yours,
-~
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Stephen A.
~
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SAK/em
co: Mr. James M, Steinberg
BY 'I'RT.'I!tV\~1m_ ~1m ~)
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1301 McKINNb, SUITE B100
HOUSTON, T~S' 77010-308a
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CONFIDENTIALITY NOTICE: tInleu o~imiioated'~'obviOUl fmm the Ii~ otthe ~_,
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Industrial District Agreements
Each company's packet should contain the following:
~etter Offering the agree~ent and certified copy of ordinance
A letter requesting action - jV /~ ./ / I
v4-eement - signed by company. Mayor. RTH. Sue. Knox
Axhibit ,"A"
Axhibit "B" - some will not have this item since we kept the only one that was sent
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"EXHIBIT A" ' .
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
FMC CORPORATICiiI
(Metes and Bounds Description of Land)
See Attachment
9
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''EXlllBIT An
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
FMC CORPORATION
That certain 44 acres of land, more or less, out of the George B. McKinstry
League, A-47 in Harris County Texas, being 168.7945 acres of land in the La Porte
Industrial District out of that certain 203.713 acres of land conveyed to FMC
Corporation by deed dated June 11, 1970, recorded under Clerk's File No. D-123161 in
the Official Public Records of Real Property of Harris County, Texas, SAVE, LESS and
EXCEPT (i) 80.972 acres of land conveyed to the City of LaPorte by deed dated
July 24, 1989, recorded under Clerk's File No. M-253982 in the Official Public Records
of Real Property of Harris County, Texas, (ii) 23.8225 acres of land out of that certain
100 acres ofland conveyed to ARCO Chemical Corporation by deed dated July 16, 1990,
recorded under Clerk's File No. M-728181 in the Official Public Records of Real
Property of Harris County, Texas, leaving 64 acres of land remaining from said
168.7945 acres of land, which 64 acres is more more particularly described by metes and
bounds as follows:
BEGINNING at 5/8 inch iron rod found for the southwest corner of that certain
80.972 acre tract of land conveyed to the City of LaPorte, Texas by instrument
recorded'under Clerk's File No. M-253982 in the Official Public Records of Real
Property of Harris County, Texas, being in the East right-of-way line of Bay
Area Boulevard based on 150 feet in width, and being the northwest comer of
the herein described 64 acres of land;
THENCE South 010 00' 45" E, 1,274.37 feet with the East right-of-way line of
said Bay Area Boulevard to a 5/8 inch iron rod set for the southwest corner for
the herein described 64 acres of land;
THENCE North 870 26' 12" East, 2,286.50 feet to a 5/8 inch iron rod set for the
southeast corner of this 64 acre tract and being in the West line of a Harris
County Flood Control District Fee Strip called Ditch "C", Tract 2, described in
instrument recorded under Clerk's File No. D-239800 in the Official Public
Records of Real Property of Harris County, Texas;
THENCE North 100 08' 23" West, 1000.80 feet along the West line of said Ditch
to Copperweld Rod 2383 found for angle point in the East line of this 64 acre
tract;
THENCE North 030 01' 51" West, 281.85 feet to a 5/8 inch iron rod found in the
West right-of-way line of said Ditch for the northeast comer of this 64 acre tract;
THENCE South 870 26' 12" West, .2,117.76 feet to the PLACE OF BEGINNING
and containing 64 acres of land, more or less;
SAVE, LESS and EXCEPT from said 64 acres that certain 20 acres of land conveyed
by FMC Foundation to CHUSEI (U.S.A.) INC. by deed dated August 26, 1991, and
recorded under Clerk's File No. N-291863 in the Official Public Records of Real
Property of Harris County, Texas.
0077188
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"EXHIBIT A-111
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
FMC CORPORATION
City and Company agree that the real property of Company, more
particularly described on Exhibit IlAIl of this Industrial District
Agreement, is presently unimproved, and unannexed to City, exc~pt
for existing "strip" annexations, if any. City and Company further
agree that Paragraph II hereof is hereby amended, to provide that
during the 'term of this Industrial District Agreement, and for such
period of time that said real property remains unimproved, that
City will not annex said property; provided, however, City reserves
the right 'to conduct "stripll annexations as may be required by law
in connection with annexation of land other than that owned by
Company. Company agrees to render to City and to pay as "in lieu
of taxes" on Company's said un;i.mproved land, an amount equal to the
sum of 100% of the amount of ad valorem taxes which would be
payable to City if all the hereinabove described property of
Company had been within the corporate limits of City and appraised
each year by city's independent appraiser.
The provisions of the preceding paragraph hereof shall remain in
full force and effect during the term of this Industrial District
Agreement; provided, howev.er, at such time as Company commences
improvements to Company's hereinabove described real property,
Company shall be entitled to pay an amount "in lieu of taxes" on
Company's land, improvements, and tangible personal property on the
above described property, in accordance with Paragraph II of this
Industrial District Agreement.
Except as amended by the terms and provisions of this Exhibit "A-
1", the terms and provisions of the Industrial District Agreement,
to which this Exhibit "A-1" is ,attached, shall remain in full force
and effect for the term of this Agreement, expiring on December 31,
2000.
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'''EXHIBIT B'~
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
FMC CORPQRATICIil
(Atta~h Plat,reflecting the'ownership boundary lin~s; a
site layout,. showing -al'l improvements, including
pipelines 'and railroads, and also showing areas of'the
Land previously annexed by the city of La Porte.)
See Attachment
10