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HomeMy WebLinkAbout93-IDA-20 .It II.' " ORDINANCE NO. 93-IDA-20 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH THE GOODYEAR TIRE & RUBBER COMPANY, FOR THE TERN COKKENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; !lAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING CO~PLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. THE GOODYEAR TIRE & RUBBER 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 ~nd 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 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. . - ORDINANCE NO. 93-IDA-20 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: ~.,/~ 'N man L. Malo e, Mayor ATTEST: ~~ Sue enes, City secretary . CITY OF L! PORTE PHONE (713) 471.5020 . p, 0, Box 1 1 15 . L.A PoRTE, TEXAS 77572 January 11, 1994 Goodyear Tire & Rubber Company Attn: J. Scott Scheiferstein Property Tax Manager Dep~rtment 616 Akron, OH 44316-0001 Re: City of La Porte Industrial District Agreement, Effective January 1, 1994. Dear Mr. Scheiferstein: 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: CX~~ T. ~ Robert T. Herrera City Manager RTH:sw Enclosures e . \ NO. 93-IDA- ~o { { 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, h,ereinafter called "'CITY", and The Goodyear Tire & Rubber Company ,an Ohio corpor~tion, hereinaf,ter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time-to time as are permitted by law and which will tend to enhance the economic stability and growth of the City' and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified' as section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land 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 descr-ibes the ownership boundary lines; a site layout, showing all improvements', including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: Revised: October 22, 1993 .' 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 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 "indtistr-ial' 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) prescr~bing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any 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 ta~es 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 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 "Renditipn"). 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, 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 a.s 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 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 I 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 e city's independent appr~iser; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 1993, resulting from new construction (exclusive of 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 i~dependent appraiser. (b) A Substantial Increase in value of the Land and improvements as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either:' i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 1993; or: ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing property,values have depreciated below the value established on January 1, 1993, an amount equal to the amount o,f 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 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 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 tQ pay to 5 e . . .. \ C1ty on or before the date therefor he~e1nabove prov1ded, at least the total of (a) the total amount qf 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 fi~al 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 ab~ve (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 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 the event of default in'payment of "in lieu of taxes" payments hereunder, which shall accrUe penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon ci ty and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. 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 J 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 s~ch words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent, of and separable from the remainder of this Agreement and the validity of the remaining 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: Knox City City P.o. Box 1218 La Porte, TX 77572-1218 Phone: (713) 471-1886 Fax: (713) 471-2047 The Goodyear Tire & Rubber Company (COMPANY) By: h~ Name: G E Strickler Title: V. P. Financial Operations & Comptroller Address: 1144 East Market St Akron, OH 44316-0001 CITY OF LA PORTE By: ~Ae-~/Hl<- rman L. Ma 0 Mayor By: Q~ T. ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 e . ft'; G~: ~.~. ~ '. iDI ..: ...' . . '.' . . :.......: .' ....,.. . . ; ~' .".. . . ".. . . ,'.. I." .. AlkTP<Il])lJIlll '>' ((())iW<IQ}J 4Io4la:B III em - <IQ}J <IQ}J <IQ}J]] p~ lol~ December 17, 1993 Mr. Robert T. Herrera City Manager City of La Porte 604 West Fairmont Parkway P.o. Box 1115 La Porte, Texas 77572-1115 RECEIVEQ' DEe 2 0 1993 CITY MANAGE OFFICE Rs Dear Mr. Herrera Enclosed are two executed copies of the La Porte Industrial District Agreement for The Goodyear Tire & Rubber Company. After full execution by the City please return Goodyear's copy to the undersigned. If there are any questions please call the undersigned at (216)796-3635. iJJj . Scott Scheife roperty Tax Man G 410 . . . . ~;'. G~: .~..'al.. ~~~ . Ie. ." 1lilIr.... '. ..... , : ': ' :, ;". . . .: . ". . . . . . '. . . . . .. .' . October 28, 1993 - RECEIVED NOV 1 '993 L Clry MANAGERS OFFICE . - A~IIllIt 9 ((())iIllmmem 44(,3 m em - (f(])J <m em IIi BY TELEFAX AND BY MAIL Mr. Robert T Herrera (Fax No. (713) 471 - 7168) City Manager City of La Porte POBox 1115 La Porte, TX 77572-1115 Re: City of La Porte Proposed Industrial District Agreement, Dated October 22, 1993 Dear Mr. Herrera: The Goodyear Tire & Rubber Company 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, in substantially the ,* same form as presented, the City's proposed form of industrial district agreement, with appropriate attachments as Exhibit "A" and Exhibit "B", at the earliest possible date. This Letter of Intent is given by our firm to the City of La Porte at this time, with the request that the City of La Porte not include our firm's land in any annexation 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, The Goodyear Tire & Rubber Company r\-L .~ G E Strickler v. P. Financial Operations & Comptroller By: C .'0 . e .. ~ ~, l , . e( _-r ( NOTICE: TillS COHTRACT IS SUBJECT TO ARBITRATION UNDER 'rilE TEXAS GI::NEHI\L AHlHTP..ATION AC'f, ART I CLl:': 224, ET. SEC., REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS S S COUNTY OF HARRIS S - - '.' . .... S CITY OF LA PORTE S INDUSTRIAL DISTRICT AGREENENT ?E.e ~l;20 \:2.. l S . This AGREE~1ENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation 'of Harris County, Texas, hereinafter called "CITY", and THE GOODYEAR TIRE & RUBBER COMPANY ( , an OHIO corporation, hereinafter called "COMPANY"~ - WIT N E SSE T H: That WHEREAS, it is the established policy of the City Commission 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 sta'bility' and growth of the City and its environs by attracting the location of new and the expansion .of existing- rndus..; - ( tries therein, and such policy is hereby reaffirmed and adopted by this City Conunission as being in the best interest of the City and its citizens~ and WHEREAS, Company is the owner of a certain tract of land more 'particularly described in the Deed Records of Harris County, Texas, at the following File and Film Code references, to-wit: That certain 75 acre tract of land located in the Richard Pearsall 1/3 League, Abstract 625, Harris County, ~exas, being described in that certain General Warranty Deed dated March 31, 1978 from Big Three ,Industries, Inc., to The Goodyear Tire & Rubber Company, recorded on April 3, 1978 at File No 'F-539980, Film Code No 191-07-2341, more particularly described on Exhibit "A" attached hereto and made a part hereof" (Revised: 8-79) " -,- e,. e,-r . ( Industrial District Agreement - 2 upon which tract Company owns and operates an industrial plant or contemplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," and Ordinance No. 842, designating portions of the area located In its extraterritorial jurisdictior. as the "Bayport Indus- trial District of La Porte, Texas," hereinafter collectively. called '''District",'' such' Ordinance's' being in . compl iance wi th the "hinicipal Annexation Act of Texas, Article 970a, Vernons Annotated Revised Civil Statutes of Texas; and WHEREAS, City desires to encourage the expansion and growth of industria'l"plants within said District and for such purpose desires to enter into this Agreement wi th . . Company pursuant to Resolution adopted by the ,'City Commission of said City and recorded in the . ~." '., ~.. ~ official' ~inut~s 6f said City: NON, THEREFORE, in consideration of the premi"ses and the mutual agreements of the parties contained herein and pursuant to the authori ty granted. under the .Municipal Annexation Act and the Ord i-- - nances of City referred to above, City and Company hereby agree with each other as follows: ,. -' I. Ci ty covenants, agrees and guarantees that during the term of this Agreement, prov ided below, and subj ect to the terms and prov i- sions 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 m&y be changed pursuant to the terms of this Agreement. Subject to -. ' .'r err . Industrial District Agreement - 3 ( the foregoing and 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 wi thin the corporate 1 imi ts of Ci ty, or to be annexed under the provisions of Article II hereof, shall be immune from annexation by city during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services .'. by City, and that all of said land, including that which has been heretofore or which may be ~~~exed pursuant to the later provisions "' ,..1,'..,." '=.' r;." ". ( of this Agreement, 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 ove~ the conduct of business thereon: provided, however, it is agreed that City ,s~~ll have the right to institute or intervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air' Act to the same extent and to the same intent and effect as if all land covered by this Agreement were located wi thin - the corporate limits of City. ( II. ' (A) A portion of the hereinabove described property has hereto- fore beEdi annexed by City. Company has filed with City, coincident with the execution hereof, its petition to City to annex an addi- tional portion of the hereinabove described property, to the end that twenty-five percent (25%) of the total value of the land and improvements hereinabove described shall be annexed to City. Com- pany agrees to render and pay full Ci ty ad valorem taxes on such apnexed land and improvements, and tan~ible personal property. (l) For tax years 1980 and 1981, Company also agrees to render ( and pay an additional amount "in lieu of taxes" on Company's land, improvements, and tang ible personal property in the un- ( l e (' _.'lJ( . ( Industrial District Agreement - 4 annexed area to the end that Company's payment of taxes on the annexed area, combined wi th its payment of "in lieu of taxes" on the unannexed area, will equal forty-five percent (45%) of the amount of ad valorem taxes wh ich would be payable to Ci ty by Company if all of the hereinabove described property had been within the corporate limits of City. (B) The Texas Property Tax Code (S. B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979) will be effective for 1982 and subsequent years hereunder. Under the terms of said Act, the appraised value for tax purposes of the annexed portion of land, improvements, and tang ible 'personal property shall be determined by the Harris 'county Appraisal District. The parties hereto recognize that said District has no authority to app'raise the land, improve- ments, and ,tang ible personal property in the unannexed area for the purpose of computing' the "in lieu" payments here,under. Therefore, for 1982 and ,subsequent years under this Agreement, the parties a~ree "i:'hat the appraisa'l of" 'the'la~d, improvements, and tang ible personal property in the" u~~nnexed area sha'11." be ,-'con"du'cte-d - by - cl ty ~ at City's expense, by an independent appraiser of City's selection. (, The parties for "in lieu" . - -- recognize that ,i'.:l .making such appraisal payment purposes, such appraiser must of necessity appraise the entire (anne~ed and unannexed). land, improvements, and tangible persona~ property. ~ompany agrees to render and pay full. Ci t~ ad valorem ~axes on such ilr1"nexed land, improvements, and tang ible per- sonal property. "(I) For tax year 1902 and thereafter, Company also agrees to render to City and pay an amount "in lieu of taxes" on Company's , land, improvements, and tang ible pe'rsonal property in the un- annexed area equal to forty-five percent (45%) of the amount of ad valorem taxes which would be payable to City if all of the hereinabove described property had been within the corporate e( e-r ( Industrial District Agreement - 5 1 imi ts of Ci ty and appra ised by Ci ty' s independcn t appraiser, reduced by thc amount of Ci ty' s ad valorem tax on the annexed portion thereof, as determined by appraisal by the Harris County Appra'is'al Distric,t. Nothing contained in Article' II(B)(l) shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establish the appraised value of land, improvements, and ~angible personal property in the annexed portion, for 'ad valorem tax pu,rposes. ' , ( III. This Agreement shall extend for a period beginning on the lst day of January, 1980, and continue therep.fter until December 3l, 1986, unless extended for an additional period or periods of time upon mutu- al consent of Company and City as provided by the Municipal Annexation Act;' provided, however,i..that in the eveht this Agreement is not so extended for an additional period or periods of time on or before August 31, of ' the final calendar year of the term hereof, the agree- ment of Ci ty not to annex property of C~mpany wi thin - the' Distric-t- terminate. . shall In ,that event, City shall have the right to com- e mence immediat-p annex.at.ion proceed ing s as to all of Company's property covered by this Ag reemen t, notwithstanding any of the terms and pro- visions of this agreement, and in such event Company agrees that if the Texas Municipal Act,-Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which. imposes greater restrictions on the right of Ci ty to annex land belong ing to Company or imposes further obI igations on City in cOhnection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be' then determined in accordance wi th the provisions of said' Texas Municipal Anncxation Act as the same exists' on the date of l .. , (' e, e-( '. ( Industrial District Agreement - 6 execution of this Agreement. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its' assigns even though it is not extended by agreement between City and' all of the owners of all land within the District of which it is a part. In this connection, Ci ty hereby expresses its belief that industrial district agreements of the kind made ( herein are conducive to the development of existing and future indus- try and are to the best interest of all citizens of City and encour- age future City Commissions to enter into future industrial district agreements and to' extend for additional periods permitted by law this Industrial District Agreement upon request of Company or its assigns: prov ided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreement. IV. Company agrees to pay all ad valorem taxes, and all "in lieu of taxes'! pa,yments .,hereunder ,'_ to City on or before December 31 of each year during the term hereof. It is agreed' that' pres'eritly- fhe -rat-ia of ad valorem tax assessment used by' City is eighty per. cent, (.80%) of ( the fair market value' of ,'pro,p~r~y. . Any._ cha.nge in such ratio used by _ Ci ty shall be ref lected in any subsequent compu ta tions hereunder. This Agreement '. shall. be subject. ,to all provisions of law relating to determination o~ value of land, improvements, and tang ible' personal property, for tax purposes (e.g., rendition, assessment, Board of Equalizatio!, 'procedure, court appeals, etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and the amount of "in lieu of tax" payments hereunder, except as otherwise provided in Articles II and V hereof. v. (, (1\) In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris " e (- .-r .' , . ( Industrial District Agreement - 7 County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and .company shall have the ri9ht to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of; taxes" on the unannexed portions of Company's hereinabove- described property which would be due ,by Company to City in accord- ~ ance with the foregoing provisions of this Agreement on the basis of renditions \olhich shall be timely filed by Company with City's Tax Assessor-Collector or with both the City and the Harris County Appraisal Distri.ct ,(as the case may be) for that year. When the City or Harris County Appraisal District (as the case may be) valua- tion on said property of Company, has been so finally determined, either as the ~esult of final judgment of a court'of competent juris- diction or as the resu~t.of other final conclusion of the controversy, tl':1en within thirty (30) days thereafter Company. shall -make -p-aymen-t - to City of any additional payment due hereunder based on such final ( valuation. (B) 'Should Company disagree independent appraiser selected by with any appraisal made by the Ci ty pursuant. to Article II (),3,) above (which shall be given in writing to Company), Company shall, within sixty (60) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not 9 ive such wr i t ten notice of disagreement wi thin such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the de~ermination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall- l also submit to the City with such notice a written statement setting '. er .r c Industrial District Agreement - 8 ( forth what Company bel ieves the market value of Company's herein- above described property to be. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agree- ment as to the marke,t value of Company's property fO,r "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the da te the notice of d isagreemen twas rece i ved by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as pro- vided in subparagraph (1) of this Article V(B). Notwithstanding any such d i~'agreement by Company, Company agrees to pay to Ci ty on or before December 3l of', each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portionsi plus (b) the total amount. of the I' in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or 'submitted to City by Company hereunder. (l) A board of Arbi trators shall be created compo.sed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement- on' .th'is 'arbi t1:'ator- 1n- lO days, the parties. will join in a writtsn request that the Chie,f Judge of the U. S. District Court for the Southern Dis- trict of Texas appoint the third arbitrator who, (as the "Im- partial Arbitrator") shall preside over the arbitration pro- ceeding. ,',('he sole issue to be, determined in the arbi tration 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" payment and total payment hereunder for the year in, questi,on. The Board shall hear and consider all rele- vant 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, subject only to jud icial review as may be ( l l ........ " . "" e,-r '( e. ." ( Industrial District Agreement - 9 available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas). Costs of the arbi tration shall be shared equally by the Com- pany and the city, provided that each party shall bear its own attorneys fees. (C) Should the provisions of Article 11(8) of this Agreement become impossible of enforcement because of (l) the inval id i ty "or unenforccabi 1 i ty of the Texas Property Code (S. 8. 621, Acts of the 65th Texas Legislature, Regular Session,' 1979), or arty.. relevant ( provision thereof, or (2) because of ~lIlY ma terial delay or failure to act on the part of the Harris County Appraisal District, then and in any of such events ,. all payments under this Agreement shall be governed by the' provisions of Article II(A) hereof; anything to the contrary in'this Agreement notwithstanding. VI. City shall, be entitled to a tax lien on Company's above-described property, all improvements thereon, and all tang ible personal prop- (' erty thereon, in the event of default in payment of -"in Ifeu "o-f - taxes" paYments hereunder, which shall accrue penal ty and interest in like_ mann~12 _d~lj.nquent ta~es:,:' and 'whIch shall be collectible by City in the same manner as provided by law for delinquent taxes. VII. Company agrees'to provide to City at Company's expense, a survey plat and field note description of the land and improvements which Company pet~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 Company to file eithe~ such petition, or such description, City shall have the right by notice in writing to Company to cancel and terminate this Agreement. c .; 'e( .-" r It ( Industrial District Agreement - 1'0 VIII. This Agreement shall inure to the benefit of and be binding upon City and Co~pany, and upon Company's successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntar- ily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein'~ontained shall be held to be co~enants running with the land owned by Company situated within said territory, for so long as this ( Agreement or any extension thereof remains in force. IX. If City enters into an Agreement with other landowner 'with respect ,to an industrial district or enters into a renewal of any existing industrial .district agreements after the effective date hereof and while this Agreement ,is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Com~any and.~ts assigns shall have the right to amend this Agreement and City agrees to amend ~ame to embrace-th~ mor~ favorabl~ terms of such agreement or renewal agreement. ( ENTERED INTO as of the 30th' day of November, '1979. THE GOODYEAR TIRE & RUBBER COMPANY Byd-.-L Ii L4 T H Barrett Executive Vice President ATTES'f: J Davies istant Secretary , , . . t- .' ~ l --( . ( Industrial District Agreement - II ATTEST: ~~~JLA.I Clt Cle k ( . .' ,', \....\., \" ", ., ",'"( , " I " ,; '~I, , \':') \ .., I ". /,\ " ..' \.' '"." .~ , .' " I. /. : ' ...... .,' \:\. ,.r 't', I '. : ," ; I I' .. . ., J ... I . ~ : ~-: (\ ", . , , . '. I '.j " 'I, ./.',' "1 ',,' " ". ')r" . -'\' \ "1 /., 1'1', I' I ~ l",\ .i1 s ,', ,\.- \'.\\" , " l APPROYEP BY CQ.!.lli.SJ:;L.:_ _ KNOX W. ASKINS, City Attorney 702 W. Fairmont Parkway P. O. Box l2l8 La Porte, Texas 7757l , Telephone: (7l3) 471-l086 f]/ J;1Y AJ-~ {j'TORNEY FOR CmlPJlNY e-r CITY OF LA PORTE By -==--- J. J. I~ / '- Me za, Mayor \ -- ell. J 'ffJf~ki{s Clty Comm ssioner / ., ~? , . , ,f.!., './' ,~ '/;~t..:/ ~ City Commissioner ~C~~ /L" ~~ City Commissioner (Revised: 8-79) 'I ---- .._--e,({- . ..1'(__, . ---'- . EXHIBIT A ( 75 acres of land in the Richard Pearsall 1/3 League, Abstract No. 625, Harris County, Texas, more particularly described as follows (All bearings being referred to north on The Texas Plane Coordinate System, South Central Zone): BEGINNING at an iron rod located at the intersection of the south line of Fairmont Parkway 250 feet in width with the west line of Bay Area Boulevard l50 feet in width; THENCE S. 10 00' 45" E. 2182.7 feet along the west line of Bay Area Boulevard to a~ iron rod in the north line of the Houston Lighting & Power Company right-of-way as described in deed recorded in Volume 7146, Page 375 of the Harris County Deed Records; ~HENCE S. 870 25' 45" W. ll59.l feet along the north line of said Houston Lighting &' Power Company right- of-way to an iron rod; THENCE S. 870 25' 15" w. 343.l9 feet along the north line of said Houston Lighting & Power Company right- of-way to an iron rod; ('" THENCE N. 10 00' 45" w. 2168.32 fee~ to an iron rod in the south line of Fairmont Parkway; THENCE N. 860 52' 45" E. 1502.75 feet along the south line of Fairmont Parkway to the PLACE OF BEGINNING. .' ',; ,.:-, ',' e..... . . (" .. .. .' :.;~,i,:}\::~Ti;:;;C!i; },:".'.;/,;:.t:,- ,:.' ,~: . :." '~':':""::.:" , '. ..' . .0 ;, ......', :.......... . "0' ....: :., ',' ..... ." , , , , ~ .~::~..:.: :.:.....:: :',,;'. :.:~ ", . ).: : ....::: '. ..:, ;;': '::::.~ . . .::.; : ." .", .... .' .', ,":'. . " '" ...: " ., ... ... _00.: .., ,- ';,;;;.f~~:~:':~~:~?L~.~'~:~>': .... . .., ~ '. . ., " , . '.. ..........:.. ",_,,,:. .. .... 4 . ',".. .. .' ,," ....... ": :":' ....:.:.. :~..," ..' ... .,' . '. .. ., . ,.,', ........ ',.., ... .... .... '".. .. . .. ....0.. . r.... . .... ...... f.~...'. . . l . , . ,....~;:Z~~:~;t2:~t~I::;:t;:;,t~;,~..:..;:~:.::.:~~-..~:~::;::'..:~:.'.:tl~~:;;;;~~i.;~::f~~:~:'/;~:f;(~~?t.~t:~ . . e e r-:::: FilE COpy (Revised: 06/86) NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER 'rHE 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 THE GOODYEAR TIRE & RUBBER COMPAN1' , an OHIO corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens: and WHEREAS, Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to-wit: AS DESCRIBED IN EXHIBIT A ATTACHED HERETO e e P"'.:: Industrial 'District Agreement - 2 upon which tract (s) Compa.ny. -has,... .either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s): and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," and Ordinance No. 842, designating portions of the area lo- cated in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas," hereinafter collectively called "Dis- trict," such Ordinances being in compliance with the Municipal Annex- ation Act of Texas, Article 970a, Vernons Annotated Revised Civil Statutes of Texas: and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to 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: I. Ci ty covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue and retain its extraterritorial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to . . e e P'"":':::... Industrial District Agreement - 3 the foregoing and to the later provisions of this Agrement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said land lying within said District and not now within the corporate limits of City, or to be annexed under the provisions of Article II hereof, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which may be annexed pursuant to the later provisions . of this Agreement, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescri- bing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon: provided, however, it is agreed that City shall have the right to institute or intervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the same extent and to the same intent and effect as if all land covered by this Agreement were located within 'the corporate limits of City. II. A portion of the hereinabove described property has heretofore been annexed by City. Company has filed with Ci~y, coincident with the execution hereof, its petition to City to annex an additional portion of the hereinabove described property, to the end that twenty- five percent (25%) of the total value of the land and improvements hereinabove described shall be annexed to City. Company agrees to render and pay full City ad valorem taxes on such annexed land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), e e ...-:: Industria~ District Agreement - 4 the appraised value for tax purposes of the annexed portion of land, improvements, and tangible personal property shall be determined by . the Harris County Appraisal District. The parties hereto recognize that said District has no authori ty 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. Company agrees to render and pay full City ad valorem taxes on such annexed land, improvements, and tangible personal pro- perty. Company also agrees to render to City and pay an amount "in lieu of taxes" on company' s land, improvements, and tangible personal property in the unannexed area equal to the sum of: (1) Fifty percent (50%) of the amount of ad valorem taxes which would be payable to City if all of the hereinabove described property which existed on January 1, 1986, had been within the corporate limits of City and appraised each year by City's independent appraiser: 'and (2) Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City on any increase in value of the hereinabove described property, in excess of the appraised value of same on January 1, 1986, resulting from new construction and new acquisitions of tangible personal property, (exclusive of Construction in Progress, which shall be exempt from taxation), if all of said new construction and acquisitions had been within the corporate limits of City and appraised by City's independent e e ...-:::.. Industrial District Agreement - 5 appraiser: with the sum of (1) and (2) reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. Nothing herein contained shall ever be construed as in derogation of the authority of the Harris County Appraisal District to 'establish . " the appraised value of land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. This Agreement shall extend for a period beginning on the 1st day of January, 1987, and continue thereafter until December 31, 1993, unless extended 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, 1993, the agreement of City not to annex property of Company within the District shall terminate. In tha~ event, City shall have the right to commence immediate annexation proceedings as to all of Company' s property covered by this Agreement, notwi thstanding any of the terms and provisions of this agrement, and in such event Company agrees that if the Texas Municipal Act, Article 970a (V.A.T.S.), as amended after January 1, ,1980, or any new 1egi~lation 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, 1980. - e e ~- Industrial District Agreement - 6 IV. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and i;lll of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreements of the kind made herein are conducive to the development of existing and future industry and are to ,the best interest of all citizens of City and encourage future City Councils to enter into future industrial district agreements and to extend for additional periods permitted by law this Industrial District Agreement upon request of Company or its assigns7 provided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agrement. V. Company agrees to pay all ad valorem taxes, and all .. in lieu of taxes" payments hereunder, to City on or before De,cember 31 of each year during the term hereof. It is agreed that presently the ratio of ad valorem tax assessment used by City is one hundred percent (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 relating to determination of value of land, improvements, and tangible personal property, for tax purposes (e.g., rendition, assessment, Harris County Appraisal District review and appeal procedures, court appeals, etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and the amount of "in lieu of Lax" payments hereunder, except as otherwise provided in Articles II and VI hereof. VI. (A) In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris e e r-::: Industrial District Agreement - 7 County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Nothwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove-described property which would be due by Company to City in accordance with the foregoing provisions of this Agrement on the basis of renditions which shall be filed by Company on or before March 31 of each year during the term of this Agreement, with both the City and the Harris County Appraisal District (as the case may be) for that year. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penal ties, interests, and costs. (B) Should Company disagree with any appraisal made by the independent apppraiser selected by City pursuant to Article II above (Which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disag~eement, 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 IS 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 submitted to City by Company hereunder, or the total assessment and "in lieu of taxe's" 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 thi,rd arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company' 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, 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 shall be shared equally by the Company and the City, provided that each party shall bear its own attorneys fees. (C) Should the provisions of Article II of this Agreement become impossible of enforcement because of (1) the invalidity or unenforceability of the Texas Property Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979), or any relevant provision thereof, or (2) because of any material delay or failure to act on the part of the Harris County Appraisal District, then and in any of such events, all payments under this Agreement shall be governed by the provisions of Article II hereof: anything to the contrary in this Agreement notwithstanding. VII. City shall be entitled to a tax lien on Company's above-described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "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. Company agrees to provide to City at Company's expense, a survey plat and field note description of the land and improvements which Company petitions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to a point on the existing corporate limits of La Porte. In the event of failure of Company to file either such petition, or such description, City shall have the right by notice in writing to Company to cancel and terminate this Agreement. e e P'"":::: Industrial District Agreement - 10 IX. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and sUbsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. X. If City enters into an Agreement with ~ny other landowner with respect to an industrial district or enters into a renewal of any existing industrial dist~ict agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement: provided, however, City reserves the right to enter into such agreements or renewal agreements with other landowners not covered by existing agreements, containing a percentage of ad valorem taxes more favorable to the landowner than that ~ontained in Paragraph II, Subparagraph 3 (2) hereof, and Company and its assigns shall not have the right to amend'. this agreement to embrace the more favorable percentage of ad valorem taxes contained in such agreement or renewal thereof, than - "~.' that. contained in Paragraph II, Subparagraph 3 (2) hereof. City may extend more favorable terms to landowners covered by existing contracts only to the extent such favorable terms apply to any increase in value of the hereinabove described property, in excess of the appraised value of same on January 1, 1986, as described in Paragraph II, Sub- paragraph 3 (2) hereof. "e . .-::: Industrial District Agreement - 11 XI. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the applicaton thereof to any person, firm, corporation or circum- stances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invali~ity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining partes of this Agreement shall not be affected thereby. XII. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said land shall terminate. ENTERED INTO this 1st day of June, 1986. ATTEST: THE GOODYEAR TIRE & RUBBER COMPANY \ (COMPANY) Asst. BY ,./"" Name: -..- Title: President Address: 1144 East Market Street APPROVED BY COUNSEL: Akron, Ohio 44316-0001 (/j ;j;k. ATTORNEY FOR COMPANY Name: A S Totten Address: 1144 East Market Street Akron, Ohio 44316-0001 Telephone: (216) 796-4305 . . . Industrial District Agreement - 12 ATTEST: u~~v Cherie Black, City Secretary '\ I , .. .' , /\ I . , / ( \ <: " \ , , " , ; , : I , I , , '/ 'II I ' , ,. I; I . , I . 'j., . \' I: I ' , ' , ' ' 0': \ I ~~B~02- KNOX W., ASKINS, City Attorney 702 We$t Fairmont Parkway Post Office Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 (Revised: 06/86) . ....-:: CITY OF LA PORTE BY City Manager CITY OF LA PORTE Post Office Box 1115 La Porte, Texas 77571 .. ,o't . . ...-::::- I - . , EXHIBIT A 75 acres of land in the Richard Pearsall 1/3 League, Abstract No. 625, Harris County, Texas, more particularly described as follows (All bearings being referred to north on The Texas Plane Coordinate System, South Central Zone): . , BEGINNING at an iron rod located at the intersection of the south line of Fairmont Park\vay 2~0 feet in width with the west line of Bay Area Boulevard l50 feet in width; , THENCE S. 10 00' 45" E. 2182.7 feet along the west line of Bay Area Boulevard to an iron rod in the north line of the Houston Lighting & Power Company right-of-way as described in deed recorded in Volume 7146, Page 375 of the Harris County Deed Records; ,THENCE S. 870 25' 45" l'l. 1l59.1 feet along the north line of said Houston Lighting & Power Company right- of-way to an iron rod; THENCE s. 870 25' 15" W. 343.l9 feet along the north line of said Houston Lighting & Power Company right- of-way to an iron rod; THENCE N. 10 00' 45" W. 2168.32 feet to an iron rod in the south line of Fairmont Parkway; THENCE N. 860 52' 45" E. l502.75 feet along the south line of Fairmont Parkway to the PLACE OF BEGINNING. . . .. I..r. . '.. .;.-....... .....:..: '.,.-.. .' . ...J~ . . .. .' ..... ._,'O. - .. :- ::f::~:;..:.I..~ :......:..:~:.::::.~,.~:.z>; :.. " .... '. . .1... '::'-';'. -: .'. :. ....... :....... ... .- -~-.- ... . .--.. .....=--~ ....-..- .. ...- ~. . ~ G~ ~ (Q..lmrn,,~(f"~mmmJI\'I,~'lI1I!IIIW Al1lime . ~3~CIIliIIr i1ll1~~lmWJUJl1JlIIfJ\mllc-~~c1 P. 0, BOX 669 LA PORTE, TX 77572-0669 PHONE (7131474."'441 December 13, 1994 City of La Porte P. O. Box 1115 La Porte, TX 77572-1115 Attn: Mr. John Joerns Dear Mr. Joerns: I hope this plot plan will suit the requirements of Exhibit "B". Sorry I have not been able to get over to your offices to meet in person. (i2Jl)vL P. E. Miller Manager Engineering & Maintenance em enclosure ~~~;.~'l~~m ~.... ~ \ 5'eC 1:' 19Q4 t-\SST. Cf'iV MANAGER , OFFICE B1-3 . City elf L,a P:orte r . I' J I 1 ." C'ld:1ll:; lL'd ,)'1": September 29, 1994 Goodyear Tire & Rubber Company Attention: Mr. Gary R. Osan 13441 Bay Area Blvd. Pasadena, TX 77507 Re: Industrial District Agreement (IDA) Exhibit "B" Dear: Mr. Osan: 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, JJ/jm r. (1. h\ \\: I , 1 -=i . ~..,!..,.,1"' I' -. - - ::; -" : . . ~ a . . 'mh<mG~'IlMirrrtme&~~ A'I'krP<m:mm 9 OM<D 41041.3 III <IS - <Doom F?ecelveQ' FE8 It! ~ C ~ jry MANAG/,;:On. OFFICE: oo.q~ Mr. Robert T. Herrera City Manager - City of La Porte P.O. Box 1115 La Porte, Texas 77572 Re: Exhibit 'B' City of Laporte Industrial District Agreement Attached is Exhibit 'B' to our Laporte Industrial District Agreement per your request in your January 27th letter. If I can be of any further assistan~e, please give me a call at 216-796-4443. Sincerely, Scott Nickel, D/616 G 4'0 . . CITY OF LA PORTE PHONE (713) 471.5020 '. p, 0, Box 1115 . LA PORTE, TEXAS 77572 January 27, 1994 Goodyear Tire & Rubber Company Attn: J. Scott Scheiferstein Department 616 Akron, Ohio 44316-0001 RE: Industrial District Agreement (IDA) Exhibits Dear Mr. Scheiferstein: A fully executed Industrial District Agreement together with the approval ordinance are enclosed. While reviewing the documents, we found that Exhibit ";B" had not been furnished. To complete our documents please forward 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 p.erfonnance 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 infonnation, 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.~ Robert T. Herrera City Manager RTH/cjb Enclosures cc Jeff Litchfield, Finance Director IDA File #93-IDA-20 . _ -H ~oW _H:__ - .^:--- ----eoo- -, --- - -..-- -- -,-,-.,_.-: -. ..' ..'.. h' .,',. ,_ ' " ~.."".s- -~!,-._,._... .__.........._. ...._...._ '_,_ ~... ~:"'" ~...._...~ "'~...""""_' .__....._. _. _ _ _...~ .. \. Industrial District Agreements Each company's packet should contain the following: A letter offering the agreement and certified copy of ordinance A letter requesting action /' Agreement - signed by company. Mayor. RTH. Sue. Knox V Exhibit "A" t/ Exhibit "B" - some will not have this item since we kept the only one that was sent IfL q ;f/D D )JD t'lIotIG.-r II () .. - ... ...... _...___.....;_.0 _...&h.o;~~-.Lc...7.:::....._..:""S" :~,,':',-:;".:::;::'::'~:::...:::-_:;::'.: :...= ...-___~;.....__4._. '. "''-:'. --... . ,-::. ...... -:-:--~--.-....."":.. . '-.-. -""'.............__....-'lP..._..-.....-.--:~...t..;..""!"~'--..::.._~.l.......;:....,...._.,.'\":"""'Ib.""".::-.~"....~.........~]"K'~~~~---=--~~_____.._........~,.... ...."0. . ..._~ ".. '0. .." -:....... "., . __ -_c. _............. ......._.. .. , . . ",.;.. '1'..' i.o ........ .' . '\-" .." . ~. :.. _'; f.. .-... " ........" ...... -" . . 'Ill .. ," .. -' "EXHIBIT, A", TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND (Metes and Bounds Description of Land) 9 . . . . "EXHIBIT B'~ TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND 7J* ~~ 7i~ ~ ~~ (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.) 9123 ~X.a:t '~'f ~q/~ ~fl/~~~ - . ~.~ ;,; At-~ /V~ ~ tv/ ~~~ /~ 10 e - " '~'-"'--~ ~J'~! . , I'.. ('1 '" : ...1 ~1' .. -" .. J . . I :.....::.:~5>.1":~J< ;:;:;1:.' ...~~~.::" ~';,':",~\:;::'''.;< . . .y. ....l.......t;r ..t f'''' .' r t.... pO"f .... \ t " :~~i~~~~i;J.ti:i;'-.:;~:~, :".:::' : ;t~~~.:.,: ',i ", '. ';' ,i;i~/' .. ..,.!......"':'f! ". :.';~..J .,~(. j~,>! _"~'J~""'''' - ',i:~...:~. '.~l .... 41,." ...;. n. . .~,~':.:i::.;".)l.~'~' ..:'!.,'" . . ~"')~;~~ ;'.-::,".\.:: '~. "'~: ", "", .... .,." '. ".~ (1.I.rtl..~ '''~ ~":'.lf"'.,,~'.,~.<' 'h.~."" .~~;~;If\l...,..;.':~''. ",'. ..~;....' .... ~ ,,;,'l,,..;+.:"., ,. _.~ ~.J;..',.,:~.'~ ,;.:~~:i;.:''' .. 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