HomeMy WebLinkAbout93-IDA-22
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CITY OF LA PORTE
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PHONE 17131 471.5020 . P. O. Box 1115 0 LA PORTE, TEXAS 77572
January 11, 1994
Hercules, Inc.
Attn: Mr. J.G. Wooldridge, Jr.
Property Tax Administrator
Hercules Plaza
Wilmington, DE 19894-0001
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Wooldridge:
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<~ 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 {
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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 Hercules Incorporated
, a Delaware corporation, hereinafter
called "COMPANY",
WIT N ,E SSE T H:
WHEREAS, it is the established policy of the city council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
city and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is. the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed
by the City of La Porte; and
WHEREAS, 'ci ty desires to encourage the expansion and growth
of industrial plants within said Districts and for such purpose
desires to enter into this Agreement wi th 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 and not now,
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
it is agreed that City shall have the right to institute or
intervene in any administrative and/or judicia.! proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were
not subject to the Agreement.
II.
In the event that any portion of the Land has. heretofore been
annexed by city, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property. .
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined
by the Harris County Appraisal District. The parties hereto
recognize that said Appraisal District has no authority to apprais.e
the Land, improvements, and tangible personal property in the
~nannexed 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 un annexed
area shall be conducted by City, at City's expense, by an
independent appraiser of City's selection. The parties recognize
that in making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
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property in the annexed portion, for ad valorem tax purposes.
III,.
A. On or before April 15, 1994, and on or before each April 15th
thereafter, unless an extension is granted,in accordance with the
Texas Property Tax Code, through and including April 15, 2000,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or similar form. The properties which the Company must
render and upon which the "in lieu of" taxes' are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property"). A
failure by Company to file a Rendition as provided for in this
paragraph, 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, ~ompany shall furnish to city a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 1994, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2000, Company
shall pay to city an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year"). .
D. Company agrees to render to City and pay an amount "in lieu
of taxes" on Company's Land, improvements and tangible personal
property in the un annexed area equal to the sum of:
1. (a) Fifty percent (50%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by city's independent
appraiser; and
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City if all
of the Company's Land and improvements which existed
on January 1, 1997, January 1, 1998, January 1,
1999, and January 1, 2000, had been within the
corporate limits of City and appraised each year by
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city's independent appraiser; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new construction,
in excess of the appraised value of same on January
1, 1993, resulting from new construction (exclusive
of construction in progress, which shall be 'exempt
from taxation), for each Value Year following
completion of construction in progress, an amount
equal to Thirty percent (30%) of the amount of ad
valorem taxes which would be payable to city if all
of said new construction had been within the
corporate limits of City and appraised by city's
independent appraiser. .
(b) A Substantial Increase in value of the Land and
improvements as used in subparagraph 2(a) above, is
defined as an increase in value that is the lesser
of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 1993; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing property values have depreciated below
the value 'established on January 1, 1993, an amount
equal to the amount of the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value; and
3. (a) Fifty-percent (50%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by the City's independent
appraiser;
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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of leased 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 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 agreelI).ent between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take' all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
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City on or before the date the~efor 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 I s hereinabove described
property which would be due to City in accordance with the
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests,' and costs.'
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controll'ing for ,purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good fai th negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. . Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher. .
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10., days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
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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, subject only to
judicial review as' may be available under the Texas
General Arbitration Act (Articles 224-238, Vernon's
Annotated Revised civil statutes of Texas). Costs of the
arbitration shall be shared equally by the Company and
the city, provided that ,each party shall bear its own
attorneys fees.
VII.
City shall be entitled to a tax lien on company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity
of assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other la~downer with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc.' vs city of
La Porte, civil Action H-89-3969, United states District Court,
Southern District of Texas.
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X.
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The parties agr~e 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 dee~ed 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 termina~e.
ENTERED INTO effective the 1st day of January, 1994.
ATT~ ~ /
City secretary
Knox W. .Askins
City Attorney
City of La Porte
P.O. Box 1218
'La Porte, TX 77572-1218
Phone: (713) 471-1886
Fax: (713) 471-2047
Hercules Incorporated
(COMPANY)
f?~
By:
9-2 {c~
N~,. J. D. Knox
Title: Assistant Treasurer
Address: Hercules Plaza
Wilmington. DE 19894-0001
~ ~ PORTE~
By: ..~
' rman L. Malo
Mayor
By: G<J~ T. ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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.@ HERCULES
Hercules Incorporated
Hercules Plaza
Wilmington, DE 19894-0001
(302) 594-5000
Telex: 4994538
November 4, 1993
RECEIVED
,
NDV 8 1993
CITY MANAGE
OFFICE RS
Mr. Robert T. Herrera
City Manager
City of La Porte
604 West Fairmont Parkway
P. O. Box 1115
La Porte, TX 77572-1115
Dear mr, Herrera:
Enclosed are two signed copies of the Industrial District Agreement between
Hercules Incorporated and the City of La Porte. Upon execution by the City and
formal approval by City Council and passage of an approved ordinance, please return
a certified coy of the approval ordinance and a fully signed copy of the agreement.
Ve truly yours,
~
J, G. Wooldridge, Jr.
Property Tax Administrator
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Enclosure
F
~ HERCULES
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Hercules Incorporated
Hercules Plaza
Wilmington, DE 19894-0001
(302) 594-5000
Telex: 4994538
October 28, 1993
RECEIVED
Mr. Robert T. Herrera
City Manager
City of La Porte
P. O. Box 1115
La Porte, TX 77572-1115
OCT 2 '9 1993
CITY MANAGER.S
OFFIC~ I
RE: City of La Porte Proposed Industrial District Agreement
Dated October 22, 1993
Dear Mr. Herrera:
Hercules Incorporated has received and reviewed the City of La Porte's
proposed industrial district agreement dated October 22, 1993, for the term January 1,
1994, through December 31, 2000.
By this Letter of Intent, our firm expresses its agreement to complete,
execute and deliver to the City, the city's proposed form of industrial district agreement,
with appropriate attachments as Exhibit "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.
mt?~
D. R'. Peirson
Manager, State & Local Taxes
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(Revised: 06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS ~
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COUNTY OF HARRIS ~
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CITY OF LA PORTE ~
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF
LA PORTE, TEXAS, a municipal corporation of Harris County, Texas,
hereinafter called "CITY", and
Hercules Incorporated
Delaware
, a
corporation, hereinafter called "COMPANY",
WIT N E SSE T H: That
WHEREAS, it is the established policy of the City Council of the
City of La Porte, Texas, to adopt such reasonable measures from time
to time as are permitted by law and which will tend to enhance the
economic stability and growth of the City and its environs by attracting
the location of new and the expansion of existing industries therein,
and such policy is hereby reaffirmed and adopted by this City Council
as being in the best interest of the City and i ts 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:
EXHIBIT "A"
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Industrial District Agreement - 2
upon which tract(s) Company 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, II and Ordinance No 0 842, designating portions of the area 10-
cated in its extraterri.torial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinafter collectively called "Dis-
o
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:
1.
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' 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 0
Subject to
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Industrial District Agreement - 2
upon which tract(s) Company 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 collec.tively 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:
1.
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 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 pursuan.t to the terms of this Agreement. Subject to
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Industrial Oistrict 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 Oistrict and
not now within t~e 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 City, coincident with
the execution hereof, its petition to City to annex a'n additional
portion of the hereinabove described property, to the end that twenty-
five percent (25%) of the total value of the land .and improvements
hereinabove described shall be annexed to City. Company agrees to
render and pay full City ad valorem taxes on such annexed land and
improvements, and tangible personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts
of the 65th Texas Legislature, Regular Session, 1979, as amended),
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Industrial District Agreement - 4
the appraised value for tax purposes of the annexed portion of land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said District has no authority to appraise the land, improvements,
and tangible 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 wi thin the
corporate limit~ of City and appraised each year by City's
independent appraiser; and
(2) 'fhirty percent (30%) of ~he 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
..
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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 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 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 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
wi th the provisions of said '{'exas Municipal Annexation Act as ;the
same existed January 1, 1980.
, .
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Industrial District Agreement - 6
IV.
This Agreement may be extended for an additional period or
periods by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part. In
this connection, City hereby expresses' its belief that industrial
district agreements of the kind made herein are conducive to the
development of existing and future industry and are to ,the best
interest of all citizens of City and encourage future City Councils
to enter into future industrial district agreements and to extend for
additional periods permitted by law this Industrial District Agreement
upon request of Company or its assigns~ provided, however, that
nothing herein contained shall be deemed to obligate either party
hereto to agree to an extension of this Agrement.
V.
Company agrees to pay all ad valorem taxes', and all "in lieu ,,'riY
...:7/1- ,,~V,}~ y' .f/
of taxes" payments hereunder, to City on or before Bcccmber 31 of j.:
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 tax" payments
hereunder, except as otherwise provided in Articles II and VI hereof.
VI.
(A) In the event Company elects to protest the valuation for
tax purposes set on its said properties by City or by the Harris
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Industrial District Agreement - 7
Coun'ty Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it to
reduce the same.
Nothwithstanding such protest by Company, Company agrees to pay
to City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on the
unannexed portions of Company's hereinabove-described property which
wou 1d be due by Company to City in accordance wi th the foregoing
provisions of this Agrement on the basis of renditions which shall be
filed by Company on or before March 31 of each year during the term
of this Agreement, with both the City and the Harris County Appraisal
District (as the case may be) for that year.
When the City or Harris County Appraisal District (as the case
may be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion of
the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penal ties,
interests, and costs.
(B) Should Company disagree with any appraisal made by the
independent apppraiser selected by City pursuant to Article II above
(WhiCh shall be given in wri.ting to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
Ci,ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the appraisal
made by said independent appraiser shall be final and controlling for
purposes of the determination of "in lieu of taxes" payments to be
made under this Agreement.
Should Company give such notice of disagreement, Company shall
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Industrial District Agreement - 8
also submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property.
Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agreement
as to the market value of Company'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
v.4,yt"/J/Z)I' ,Y!P
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 to'tal 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
Arbi.trator") 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 I s property for calculation of the "in lieu"
payment and total payment hereunder for the year in question.
The Board shall hear and consider all relevant and material
evidence on that issue including expert opinion, and shall
render its written decision as promptly as practicable.
That
decision shall then be final and binding upon the parties,
--
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Industrial District Agreement - 9
subject only to judicial review as may be available under the
Texas General Arbitration Act (Articles 224-238, Vernonls 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
unenforceabi1ity 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.
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Industrial District Agreement - 10
IX.
This Agreement ~hall inure to the benefit of and be binding
upon City and Company, and upon Company I s successors and ass igns,
affiliates and subsidiaries, and shall remain in force whether Company
sells, assigns, or in any other manner disposes of, either voluntarily
or by operation of law, all or any part of the property belonging to
it within the territory hereinabove described, and the 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 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 t,han those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement: provided,
however, City reserves the right to enter into such agreements or
renewal agreements with other landowners not covered by existing
agreements, containing a percentage of ad 'valorem taxes more favorable
to the landowner than that contained in Paragraph II, Subparagraph 3
(2) hereof, and Company and its assigns shall not have the right to
amend this agreement to embrace the more favorable percentage of ad
valorem taxes contained in such agreement or renewa'l 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.
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Industrial District Agreement - 12
ATTEST:
~~
Cherie Black, City Secretary
APP~3S~
KNOX W. ASKINS, City Attorney
702 West Fairmont Parkway
Post Office Box 1218
La Porte, Texas 77571
Telephone: (713) 471-1886
(Revised: 06/86)
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CITY OF LA PORTE
BY
BY
CITY OF LA PORTE
Post Office Box 1115
La Porte, Texas 77571
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EXHIBIT "A!'
TRACT I
(Description of 3.4018 Acre Tract)
TRACT II
(Description of 20.36156 Acre Tract)
OU3-83-0297
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"IELD IOTES oil '..018 ACRE !'!\ACT D 'J'H! . Me COJDaClC
SURVEY. DBTRAC'T .6. BARRIS courrrY, !'EXA.S
A tract of' Ilmd ccotainilll 3. "018 acres out of' 'l'ract I 4escribed as 118.63 acres
in a Deed from Celanese Corporation to Boltex Polymer Corporation dated lovember )
18, 191", recorded under "11m Code 10. 112-1S-11a90, File 10. E 305696 of' the Deed
Recor41 of' Burls County IIDd belnS a part of the Arthur NcCormic:k Survey, Abstrac::t
~, larris CoUDty, '1'exas. All 'bea.riIllS herein are related to the 'bea.rinSI on the
lorth lines of the Bouston LishtiDS . Pover Company 3.51a ac::re tract dated March
10, 1952, recorded in Vol'UlDl! 21,19, Paae 52" of' add Deed Recorda, which bearlns
VIlS aleo ahawn em Soltex Polymer aap of' add 118.63 acre tract dated December 19,
1917 by others, vhich 'borders aaid 3.51a acre trac::t.
!'be abOTe 3.1,018 acre trac::t of' land ia hereby described as tollovs:
COMMERCIRG at the intersection of the Centerline of' State Hisbvey 10. 131& vh1cl1
ts 120 teet vide and the Centerline of' Miller Cutof'f County Road vh1c:b i. 60
teet in width, tor the lortbvest corner of the above described 118.63 ac::re tract,
t.henee lorth 8f' 28' 30" Bast. alons the Center of Miller Cutoff Road, a 41stance
of' 1615.12 teet to 'a point. thence South 020 31' 30" East. at risht angles thereto,
a Aistanee of 11,7.05 teet to a cross cut in concrete at the base of a .tee1 fence
~t on the South line of Coastal Industrial Water Authority 7.72 acre tract dated
October 25, 1911, (not Tet recorded), tor the Jorthvest and BEGIJmDtG comer of' the
3."018 acre tract, sai4 corner 'being in a 6 toot hiah cl1ain link fence;
~CE Jorth 810 28' 30" East, alona the South l.ine of the above described 7.72
acre tract, and alons sald 6 foot tence, a distance of' 280.00 teet to a point
for the Jortheast corner of' the tract herein described, aaid corner being within
an 8" .teel fence post, trom which the Iforthvest corner of IL 39. 3~2l acre tract
also surveyed at this ti~, bears Borth 870 28' )0" East, ~ cUstlU1ce of' 15.0 feet
and which northvest corne!' is in the Center of a 28 foot vide conc!'ete drl ve i
!'HENCE South 020 27' 55" East, a 4lltance of 529.37 teet to a 5/8 inch iron rod
eet tor the Southeast corner of the tract herein described.
~CE South 810 32' 05" Vest. a distance of' 280.00 feet to a 5/8" iron rod set
tor the Southvest corner of' the tract herein described.
~:CE Rortb 020 27' 55" West, a distance of' 529.08 feet to the PLACE OF BEGINNING
and containing 3.1,018 acres of land.
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~glstered PUblic Surveyor 197
'l~P.OE.R'S IIU"ORA"DUM
ORD~'tIO". 'tHII
AT THI ,...1 Of AIC 10 U ,""DIOU~'t1
'N5'tAUMI"' WA5 fOUI~O"PHIC At PRODUCTlO"
fOR 'tH[ Bt 51 PI.010CR ON OR
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FIELD "OTES - SOLTEX POLYMER CORP.~~~6156 ACRES
A ~RACT OR PARCEL OF LAND CONTAINING 20.)6156 ACRES OR 886,949.7
SQ. Fr. OUT OF A CERTAI" 118.6) ACRE ~RACT I 1 CONVEYED-'J'O SOLTEX
BY CELMESE CORP. RECORDED IN PILE no. E-)o5696 OF !'HE REAL PROPERTY
RECORDS OF HARRIS COUNTY AND ORIGINALY fO CELANESE CORP. BY PHILLIPS
PET. CO. AS fRACT 1 IN INSTRUMENT DATED APRIL S. 1956 RECORDED IN
YOLo )1)) PAGE )61-)64 OF tHE HARRIS COUNTY DEED RECORDS BEING OUT
OF !HE .MTHUR MC CORMICK SURVEY. ABSTRACT 46 HARRIS COUNTY, tEXAS,
SAID 20.)6156 ACRE tRACT BEING MORE PARTICULARLY DESCRIBED BY ~ETES
AND BOUNDS AS POLLOWS, ~O-WITI
Commencing at a point marking the intersection of the center
line of Battle Ground Road (St. Hwy. 11)4 - 120.00 ft. right-of-way)
with the center line of Miller Cut Off Road (60.00 ft. County road)
said point also marking the Northwest corner of'Tract 1 described in
instrument in vol. )1)) page )61 et seq Harris County deed records
and the Northwest corner of said tract conveyed to Soltex described
in File No. E-)05696 or the real property records of Harris County,
fexas s'
Thence South 02 deg. 16 min. 4) sec. East with the center line
of Baid St. Hwy. 11)4 a distance of 147.05 ft. to a point .arking the
Northwest corner and PLACE OF BEGINNING of the herein described
20.)6156 acre tract coordinates of which are X-),240,918.16 and Y-
708,794.28 ~., .
!HENCE North 87 deg. 28 min. )0 sec. East parallel to the North
line of said 118.6) acre tract passing a S/8 inch iron rod in the East
right-or-way line of St. Hwy. 11)4 at 60.00 .ft. in all a total dis-
tance of 1675.54 ft. to a 578 inch iron rod at the Northeast corner
of the herein described 20.)6156 acre tract and marking the Northwest
corner of a certain ).4018 acre tracts
THENCE South 02 deg. 27 min. 55 sec. East with the West line of
said ).4018 acre tract a distance of 529.08 ft. to an X mark in con-
crete at the Southeast corner of the herein described tract marking
the Southwest corner of said ).4018 acre tracts
!HENCE South 87 ~eg. 28 min. )0 Bec. West parallel to the North
right-of-way line of the herein described tract passing a S/8 inch
iron rod at the East right-of-way line of St. Hwy 11)4 at 1617.26
ft. in all a distance of 1677.26 ft. to a point at the Southwest
corner in the center line of St. Hwy. 11)4s
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!HENCE north 02 ~eg. 16 m1n. ~) Bee. West with the center line
of .a10 Hwy. anO w1th the West 11ne of 8a10 118.6) acre tract a Oi8-
tance of 529.08 ft. to the PLACE OF BEGINNING and containing 20.)6156
acres of which the West 60.00 ft. of 8aiO tract lies in the right-
of-way line of.St. Hwy. 11)4 said parcel containing )1,'44.80 sq. ft.
~~
BY I t, L4' ,"
C. A. MC Kl,NLEY
JANUARY 27, 198
PRES.
THE MC KINLEY COMPANY, INC.
PfCOP-DU'S MlMORANOUM
AT T,U TIM( 0' "
IHS111uMrHl w re""OATION. THIS
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8(CAU~l( 8;,5' PH"'OCI4APHIC8~ll::DlQUAU
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City of La Porte
Establishedl 892
November 1, 1994
Metton America, Inc.
Attention: Mr. James A Brown, Jr.
1051 Clark Street
Abingdon, VA 24210
Re: No. 93-IDA-22
Industrial District Agreement - Exhibit B
Dear Mr. Brown:
The City received notification from Hercules that the plant site covered by this Industrial
District Agreement has been sold to your firm. Although the agreement was executed by
both parties the City was not furnished with an Exhibit "B". The last correspondence from
Hercules suggested we obtain Exhibit liB II from Metton America, Inc.
I realize this is a new request th~t some records may not be readily available. If your firm
cannot provide Exhibit "B" as detailed in the IDA, we would entertain a site survey, plat or
drawing that delineates the property covered by the Industrial District Agreement and the
major buildings and/or facilities.
Please advise if you are unable to provide Exhibit liB" or if we need to make other
arrangements.
Sincerely,
JJ/jm
Enclosures
cc:
Jeff Litchfield
Hugh Landrum
~ "
P,O.J),)X III) · LaPllrre,Tt'X,I,.://5/2-1115 . (il)1471.5021..~
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{R HERClA.ES
Hercules Incorporate
Hercules Plaza
Wilmington. DE 19 94-0001
(302) 594-5000
Telex: 4994538
October 11, 1994
~JR. Yi' --
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"::~"':!"'J'~(I~,ltrir!
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Ocr 1.~ 199~'~
ASS'r. CITy M.
OFFlctNAGER
Mr. John Joems
Assistant City Manager
City of La Porte
P. O. Box 1115
La Porte, TX 77572-1115
RE: Industrial District Agreement, Exhibit liB II
Dear Mr. Joems:
Reference your September 29, 1994, request to our agent L. B. Walker &
Associates, Inc. regarding Exhibit liB II of the Industrial District Agreement. Please be advised
that our DeerPark facility located at 2727 Miller Cut-off Road was sold on October 5, 1994 to:
Metton America, Inc.
Mr. James A. Brown, Jr.
1051 Clark Street
Abingdon, VA 24210
Please direct this and all future inquiries to the above.
H I can be of further assistance, please let me know.
Ve truly youry , 4
v'~~~ '--L
J. G. Wooldridge, Jr.
Property Tax Administrator
IGWlsmb
leUec,jlw
cc: Mr. J. A. Brown, Jr.
LAW DEPARTMENT
Legal Section
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OCT 14 1994 '
ASST. ~TY MANAGER
OFFICE
-
~ HERCUlES
Hercules Incorporated
Hercules Plaza
Wilmington, DE 19894-0001
(302) 594-5000
Telex: 4994538
Writer's Direct Dial:
(302) 594-7007
(302) 594-7038 (fax)
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
City of La Porte
P.O. Box 111 5
La Porte, TX 77572
RECE/\i
vEQ'
,
OCT 1 J 1994
CITy M
OF~ci:GERS
Attn: Mr. Robert T. Herrera
City Manager
Re: Industrial District Agreement, Effective January 1, 1994 between City
of La Porte and Hercules Incorporated - Ordinance No. 93-IDA-22
Dear Mr. Herrera:
Notice is hereby given that Hercules Incorporated ("Hercules") and Metton
America, Inc., having an office at 1051 Clark St., Abingdon, VA 24210 ("MAl"),
entered into an agreement for the sale by Hercules to MAl of its entire interest in
certain real estate and assets, including a plant facility located at 2727 Miller Cut-Off
Rd., La Porte, TX, on October 5, 1994 (the "Closing Date").
As required under Section VIII of the Agreement, this notification serves
to inform you that all of Hercules' rights and obligations under the above-referenced
agreement were assigned to MAl as of the Closing Date.
If you have any questions concerning this matter, please contact me,
Very truly yours,
t~~~J~
Etta Ryan Clark
Counsel
cc: G. D. Burch - Deer Park
C. M. Kelleher 8 - Plaza
G. E. Meyer 8 - Plaza
A. Spizzo 12 - Plaza
J. A. Brown, Jr.
II
"City- or L,a Porte
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~
September 29, 1994
Hercules, Inc.
Attention: Mr. Ken Herndon
L.B. Walker & Associates, Inc.
P. O. Box 16290
Houston, TX 77222
Re: Industrial District Agreement (IDA)
Exhibit "B"
Dear: Mr. Herndon:
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 "8" 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,
~'~
John Joerns
Assistant City Manager
JJ/jm
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e e
CITY OF LA PORTE
PHONE (7131 471.5020 -. p, 0, Box 1115 . LA PORTE. TEXAS 77572
January 27, 1994
Hercules, Ine.
Attn: J.G. Wooldridge, Jr.
Hercules Plaza
Wilmington, DE 19894-0001
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Wooldridge:
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 performance of the Industrial District Agreements as well as aiding long-~nge
planning activities and in some instances responding to emergency situations within the ETJ.
If you do not have this information, cannot readily develop it, or need to discuss this
request, please contact my Assistant City Manager John Joerns.
Thank you for your assistance in completing these documents.
Sincerely,
G<~ \. ~.l\i\.ei"-c-
Robert T. Herrera
City Manager
RTH/cjb
Enclosures
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-22
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Industrial District Agreements
Each company's packet should contain the following:
V ~
A letter offering the agreement and certified copy of ordinance
A letter requesting action
~
Agreement - sigp.ed by company. Mayor. RTH. Sue. Knox
~
Exhibit II A II
v
Exhibit "B" - some will not have this item since we kept the only one that was sent AJOA/~
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"EXHIBIT AI!
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
Hercules Incorporated
(Metes and Bounds Description of Land)
See Attached
9
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OU3-93-0298
FIEl,.D 10'.l'BS OF A ,. .018 ACRE !'MeT D DE AM'HUR MC COJIMIClC
8URVEJ. AB8TRAC'.l' .6, BARRIS COUln'Y. !'EXAS
A tract of llU'ld cCDtalniD& 3.1,018 acre8 out of Tract I aeacribed as 118.63 acre8
In a Deed tr01il Celane8e Corporation to 801 tex Polymer Corporation 4at.ed lovember j
18, 1911" recorded under Fila Code 10. 112-18-11,90, File 10. E 305696 of the Deed
Becor4a of Barrl8 Count)P _d 'beinl a pan of the Arthur McCormick Survey, Abstract
1a6, Barri8 CO'UDty, !rex... All 'beariDgl herein are related t.o the 'bearilll8 on the
.orth lines of the BOUlton Lishtinl . Power COIIIpIU'lY 3.51, acre tract 4ated Karch
10, 1952, recorded In Vol'U111e 21,19, Paae 521, of aldd Deed Recor4s, which bearinl
vas al80 ahown CD Soltex P011mer _p of aal4 118.63 acre tract 4&ted December 19,
1971 'by others, Which 'border8 ald4 3.51, acre tract.
!'he .O'ft 3.1,018 acre tract of land Is hereby de8cribed as tollova:
CCl4MERCDG at the Intersection of the CenterUne of State JI1.&bv~ 10. 1316 vbich
18 120 teet vi4e and the Centerline of Miller Cutoff CO'UDty Road vh1ch 18 60
teet in v1dth, tor the 10rthYest corner of the above 4escribed 118.63 acre tract,
thence lorth 8'r 28' ]0" East, alonl the Center of MiUer Cutoff Road, a 41stance
of 1615.12 teet to a point. thence South 020 31' 30" Bast, at npt angles thereto,
a 4istance of 11,1.05 teet to a Cro8S cut in concrete at the base of a steel tence
post on the South line of Coastal Industrial Water Authorl ty 1.12 acre tract 4ated
OctOber 25, 1911, (not yet recor4ed), tor the Rorthvest and BEGIRNDlG corner of the
3.1,018 acre tract, s&14 corner 'beina in a 6 foot hiah chain link tence;
!"HERCE Worth 870 28' 30" East, alons the South line of the above 4escribed 1.12
acre 'tract, and alonl 8ldd 6 toot fence, a c1istance of 280.00 feet to a point
tor the lortheast corner of the tract herein 4escribed, said corner 'beinl within
en 8" steel fence post, trom which the lforthvest corner of a 39.3~21 acre tract
also surve1ec1 at this time, 'bears lorth 870 28' 30" East, a,41stance of 15.0 feet
and which Borthvest corner Is In the Center of a 28 foot vide concrete 4ri 'Ye.
!'HERCE South 020 21' 55" East, a aistance of 529.37 teet t.o a 5/8 inch iron rod
set tor the Southeast corner of the tract herein described.
!'HERa South 810 32' 05" Vest, a aistance of 280.00 teet to a 5/8" iron rod set
tor the Southwest corner of the tract herein 4escribed.
!l'HE::CE Borth 020 27' 55" West, a c1istance of 529.08 teet to the PLACE OF ~:nmIBG
end containinl 3.1,018 acres of land.
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. '. Paul V. Wi se:aan
~g18tered Public Surveyor 197
PI'AJP.DIR'S MEMORANDUM
OR DATION, THII
AT THE TIME OF REC TO BE INAOEQUATI
INSTRUMENT WAS fOUG~~PtIlC REPRODUCTlorl
rOR THE BEST PHOTO N OR
, UECAUSE OF ILLEGIBILln. CAR:E~ lTC.
PHOTO COPY, DISCOLORED PA . ,
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.XHIBIT A - TRACT 11
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FInD ftOTES - SOLTEX POLYMER CORP. ';..:~6156 ACRES
A !'RAC! OR PARCEL OP LAND CONTAINING 20.,6156 ACRES. OR 886.949.7
SQ. PT. OUT OF A CERTAIN 118.63 ACRE 'RACT 1 1 CONVEYED-rO SOLTEX
BY CELMESE CORP. RECORDED IN PILE NO. 2-)05696 OF !HE REAL PROPERTY
RECORDS OP HARRIS COUNTY AND ORIGINALY '0 CELANESE CORP. BY PHILLIPS
PEr. CO. AS 'RACT 1 IN INSTRUMENT DATED APRIL 5. 1956 RECORDED IN
YOL. )1)3 PAGE )61-)64 OF 'HE HARRIS COUNTY DEED RECORDS BEING OUT
OF lJ'HE ARTHUR ISC CORNICK SURVEY, ABSTRACT 46 HARRIS COUNTY, 'EXAS,
SAID 20.36156 ACRE 'RACT BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS POLLOWS. !'O-WIT I
Commencing at a point marking the intersection of the center
line of Battle Ground Road (St. Hwy. 11)4 - 120.00 ft. right-of-way)
with the center line of Miller Cut Off Road (60.00 ft. County road)
said point also marking the Northwest corner of"ract 1 described in
instrument in vol.. )1)) page )61 et Beq Harris County deed records
and the Northwest corner of said tract conveyed to Soltex described
in Pile No. E-)OS696 of the real property records of Harris County.
!'exas ,.
!hence South 02 deg. 16 min. 4) sec. East with the center line
of said St. Hwy. 11)4 a distance of 147.05 ft. to a point marking the
Northwest corner and PLACE OF BEGINNING of the herein described
20.)6156 acre tract coordinates of which are X-),240,918.16 and Y-
708.794.28 ft., .
!HENCE North 87 deg. 28 min. )0 sec. East parallel to the North
line of said 118.6) acre tract passing a 5/8 inch iron rod in the East
right-of-way line of St. Hwy. 11)4 at 60.00 "ft. in all a total dis-
tance of 1675.54 ft. to a 518 inch iron rod at the Northeast corner
of the herein described 20.)6156 acre tract and marking the Northwest
corner of a certain ).4018 acre tract,
!HENCE South 02 deg. 27 min. S5 sec. East with the West line of
said ).4018 acre tract a,distance of 529.08 ft. to an X mark in con-
crete at the Southeast corner of the herein described tract marking
the Southwest corner of said ).4018 acre tract,
!HENCE South 87 deg. 28 min. 30 Bec. West parallel to the North
right-of-way line of the herein described tract passing a 5/8 inch
iron rod at the East right-of-way line of St. Hwy 11)4 at 1617.26
ft. in all a distance of 1677.26 ft. to a point at the Southwest
corner in the center line of St. Hwy. 11)4,
,
-
.
003-93-03CO
.,
!HENCE north 02 deg. 16 min. _) Bec. West with the center line
of said Hwy. and with the West line of said 118.6) acre tract a dis-
tance of 529.08 ft. to the PLACE OF BEGINNING and containing 20.)6156
acres of which the West 60.00 ft. of said tract lies in the right-
of-way line of.St. Hwy. 11)4 said parcel containing 31,'44.80 sq. ft.
!HE MC KINLEY COMPANY. INC.
~~
BY 0,....
I lA-" ,
C.A. MC KI.NLEY
JANUARY 27, 198
PRES.
PCCOP.DER'S MEMORANDUM
AT TH[ liME or R
INST"lIMrNT w ,[CORD"TOON. THIS
rQR lHE AS fOUNO TO
BECAUSE ~E ST PHOTOCIlAPH'CB~ INAD[QUATE
PHOTO C r ILUCISIL"" CAR EPRODUCTION
Opy. DISCOLORED P BON OR
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SOLTEX Paymer Corporation ..... SIC
BouNOAR~S~flVEY OF ~0.36I56 A.C.
:uTa:-f1S AA:.ltn1lE~,M$C'OR~/CJ(. .......
)UJMY. A.- HARRIS L'OLIN'n': TEXAS;
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"BXHIBIT B'~
\
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
Hercules Incorporated
(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.)
To be furnished at a later date.
10