HomeMy WebLinkAbout93-IDA-27
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ORDINANCE NO. 93-IDA-27 .,...
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AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH NIPPON PIGMENT (USA), INC.,
FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31,
2000; MARING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
NIPPON PIGMENT (USA), INC. has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 1994, and ending December 31, 2000, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
section 3. The city Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof. :
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ORDINANCE NO. 93-27
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 27th day of June, 1994.
By:
CITY OF LA PORTE
~~~-
Mayor
ATTEST:
~~
Sue Lenes,
City Secretary
.
.
CURRENT NAME
PREVIOUS NAME & DATE
Nippon Pigment (USA), Inc.
Thiocal, up to 1986
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CITY OF L'PORTE
PHONE17131471-5020 .
p, O. BOX 1 1 15
.
LA PORTE. TEXAS 77572-1 1 1 5
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June 28, 1994
Mr. Masahiro Akiya, President
Nippon Pigment
10900 Strang Road
La Porte, TX 77571
RE: City of La Porte Industrial District Agreement, Effective January 1, 1994.
Dear Mr. Akiya:
I am pleased to enclose herewith a 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 a 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 finn, please do not hesitate to call.
Y OllIS very truly,
CITY OF LA PORTE
By: G~ T. ~
Robert T. Herrera
City Manager
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Enclosures
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NO. 93-IDA- ~'1 {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and Nippon Piiment (USA). Inc.
, a Texas 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
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: octo):)er 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 judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were
not subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full city ad
valorem taxes on such annexed Land and improvements, and tangible
perso~al property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined
by the Harris County Appraisal District. The parties hereto
recognize that said Appraisal District has no authority to appraise
the Land, improvements, and tangible personal property in the
unannexed area for the purpose of computing the "in lieu" payments
hereunder. Therefore, the parties agree that the appraisal of the
Land, improvements, and tangible personal property in the unannexed
area shall be conducted by City, at City's expense, by an
independent appraiser of City'S selection. The parties recognize
that in making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris county Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
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property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 1994, and on or before each April 15th
thereafter, unless an extension is granted, in accordance with the
Texas Property Tax Code, through and including April 15, 2000,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately, preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the company's "Rendition"). Company may
file such Rendition on a Harris county Appraisal District rendition
form, or similar form. The properties which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection 0, 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 ~ike 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 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'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 apprai~er; 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 appra~ser.
(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.
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 City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods
of time on or before August 31, 2000, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of- such land, Company will waive the right to "require City to
comply with any such additional restrictions or obligations and the
rights of the parties shall be then determined in accordance with
the provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994. .
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it' is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
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city on or before the date therefor hereinabove provided, at le~st
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together,with applicable penalties,
interests, and costs. ..
B. Should Company disagree wi th 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 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 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, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Articles 224-238, Vernon's
Annotated Revised civil statutes of Texas). Costs of the
arbitration shall be shared equally by the Company and
the city, provided that each party shall bear its own
attorneys fees.
VII.
city shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" 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
City and Company, and upon Company's successors and assigns,
affiliates and SUbsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particular~ as to property assigned and identity
of assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other la~downer with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs City of
La Porte, civil Action H-89-3969, United states District Court,
Southern District of Texas.
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X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the, application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be 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 termi~ate.
ENTERED INTO effective the 1st day of January, 1994.
ATTEST:
k~
City secr~etarY ,
AP~VY:
CA:t4' .r-
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone:
Fax:
(713) 471-1886
(713) 471-2047
By:
By:
By:
(USA). Inc
(COMPANY)
Name:
Title: Presi ent
Address: 10900 Strana Road
La Porte. Texas 77571
~ OF LA PORTE
#. ~ .--a/~
'N ma~ L.~~-
Mayor
Q~T~
Robert ~. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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"EXHIBIT A"
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TO INDUSTRIAL DISTRICT" AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
Nippon Pigment (USA), Inc
(Metes aQd Bounds Description of Land)
All that certain 20.2505 acres of land being all of Lots 13 and
14, Strang Subdivision, according to ~he plat thereof filed at
Volume 75, Page 22, Harris County Deed' Records, in the Enoch
Brinson Survey, A-95, Harris County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a found brass cap rod in concrete marking the south-
east corner of said Lot 13 and also being the southeast corner
of that certain 20.2505 acres save and except 0.4011 acre of
land described in a deed dates 6-17-1976 for Claud B. Hamill
to Southwest Specialty Chemicals, Inc. filed in the official
public records of real property of Harris County, Texas at Clerk
file No. E-796776, Film Code No. 143-04-0303;
THENCE S 870 05' 47" W- 1,031.89", along the south line -of said
Lots 13 and 14, to a set 5/8" iron rod for corner;
THENCE N 030 00' 55" W ~ 855.54', along the conunon line of Lots
14 and 15, same being the east line of that certain'parcel of
land described in a deed dates 11-16-1961 from Bank of the
Southwest National Association to Greif Bros. Cooperage ~9rp.
filed at Volume 4554, Page 28, Harris County Deed Records, to
a found 1/2" iron rod for corner;
THENCE N 870 04' 55" E - 1,029.91', along the south right-of-way
line o,f Strang Road (60' wide), to a set 5/8" rod for corner;
THENCE S 030 08' 53" E - 855.81', along the conunon line of Lots
12 and 13, to the POINT OF BEGINNING and containing 20.2505
acres (822.109 square feet) of land, more or less.
If
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"EXHIBIT B'~
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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4~igmenD
NIPPON PIGMENT {U.S.AJ INC.
COLOR CONCENTRATE. CUSTOM COMPOUND
10900 STRANG ROAD
LAPORTE, TEXAS 77571
PHONE: 17131 471.4777
FACS: 471.7243
November 1, 1993
RECEIVEO'
NOV 2 1995
CI TY MANAGER.S
I OFFICE
,
[Fax No. (713) 471-7168]
Mr. Robert T. Herrera
City Manager
City of La Porte
P. o. Box 11.15
La Porte, Texas 77572-1115
Re.: City of La Port.e Pro_po.s.e.d_Industrial District. Agreement,
Dated October 22, 1993.
Dear Mr. Herrera:
Nippon Pigment (USA), Inc. 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 i.nclude our firm's land in the
proposed annexation proceedings.
Yours very truly,
Nippon Pigment (USA). Inc.
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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 ~
~
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
Nippon Piqment CU.S.A.), Inc.
, a Texas
corpo:ration, hereinafter called "COMPANY",
WIT N E SSE J H: That
WHEREAS, it is the established policy of the City Council of the
City of La Porte, Texas, to adopt such feasonable 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:
A 20.2505 acre tract, more or less, out of the Enoch Brinson
Survey, Abstract No.5, Harris County, Texas, and being more
particularly described by metes and bounds on Exh~bit "A"
attached hereto.. Said tract being Lots 13 and 14 of STRANG
SUBDIVISION, according to the map or plat thereof recorded in
Volume 75, Page 22 of the Deed Records of Harris County, Texas.
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Industrial District Agreement - 2
upon which tract(s) Company has either constructed an industrial
plant (s) or contemplates the cons"truction 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 corhpany 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
~ther as follows:
1.
Ci ty covenants, agrees and guarantees that during the term of
this Agreement, provided below, and subject to the ter~s and provisions
of this Agreement, said District shall continue and retain its
'3xtraterritorial 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
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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,
1:0 the extent that it covers said land lying within said District and
no't now within the corporate limits of City, or to be annexed under
t:he 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
"..hich may be annexed pursuant to the later provisions . of this
l\greement, 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
1:he conduct of business thereon: provided, however, it is agreed
1:hat City shall have the right to inslti tute or intervene in any
:iudicial proceeding authorized by the 'l'exas 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 Ag.reement were located within the corporate
J.imits of City.
II.
A portion of the hereinabove described property has here'tofore
been annexed by City. Company has filed with City, coincident with
1~he 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),
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Industrial District Agreement - 4
1:.he 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
i:.hat said Dis"trict has no authority to appraise the land, improvements,
and tangible personal property in the unannexed area for the purpose
of computing the II in lieu II 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.
~rhe 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
1:.axes 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 I 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 acquis i tions 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 I 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
:::ompany 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
~estrictions 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.
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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 wi thin 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 fgrement.
V.
Company agrees to pay all ad valorem taxes i and all .. in lieu
of taxes" payments hereunder, to City on or before December 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
.celating to determination of value of land, improvements, and tangible
personal property, for tax purposes (e.g., rendition, assessment,
:~arris County Appraisal District review and appeal p~ocedures, 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
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
'....ould be due by Company to City in accordance with the foregoing
:?rovisions of this Agrement on the basis of renditions which shall be
:Eiled by Company on or before March 31 of each year during the term
(:>f 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
I
r:tay 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
t:he controversy, then wi thin thirty (30) days thereafter Company
e:hall 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 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
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 s~bmitted 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
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,
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Industrial District Agreement - 9
subject only to judicial review as may be available under the
Texas General Arbi"tration Act (Articles 224-238, Vernon I s Annot-
ated Revised Civil Statutes of Texas). Costs of the arbitration
shall be shared eq\,lally 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
unenforceabilityof 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
t,o 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 notwithstandin~.
VII.
City shall be entitled to a tax lien on Company's above-described
property, all improvements thereon, and all tangible personal property
t:hereon, in the event of default in payment of "in lieu of taxes"
p,9.yments hereunder, which shall accrue penalty and interest in like
m.~nner 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
an.d terminate this Agreement.
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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
1\greement 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
;:1ereof and while this Agreement is in yffect, which contains terms
.:lnd 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
:cavorable 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
1:0 the landowner than that contained in Paragraph II, Subparagraph 3
(2) hereof, and Company and its assigns shall not have the right to
clmend this agreement to embrace the more favorable percentage of ad
valorem taxes contained in such agreement or renewal thereof, than
t.ha t contained in Paragraph I I, Subparagraph 3 (2) hereof.
City may
extend more favorable ~erms 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 - 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,
invalidity or unconstitutionality of such words, phrase, clause,
sentence, paragraph, section, article or other part of the Agreement
shall be deemed to be independent of and separable from the remainder
of this Agreement and the validity of the remaining partes of this
~greement shall not be affected thereby.
XII.
Upon the commencement of the term of this Agreement, all other
:previous1y existing industrial district agreements with respect to
said land shall terminate.
ENTERED INTO this 1st day of June, 1986.
ATTEST:
Niooon Pioment (U.S.A. l. Inc.
(COMPANY)
BY ~~
Name: Masahiro Akiva
Name: Masahiro Akiva
Title: Executive Vice President
Address: 10900 Strang Road
APPROVED BY COUNSEL:
Ton Por'tp., Tp.xn~ 77~71
Name:
l,ddress:
']~e1ephone:
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Industrial District Agreement - 12
A'l'TEST:
._.~
Cherie Black, City Secretary
^PPROVRD BY COUNSEL:
t1ld 1/'~
KNOX W. ASKINS, City Attorney
702 W. Fairmont Parkway
P. O. Box 1218
La Porte, Texas 77571
'fe1ephone: (713) 471-1886
(Revised: 03/87)
.
CITY OF LA PORTE
By. !h;1?tf~?- k~
Norman Malone, Mayor
By: G?M T, ~~
Robert T. Herrera, City Manager
CITY OF LA PORTE
P. O. Box 1115
La Porte, Texas 77571
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EXHIBIT "A"
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All that certaon 20.2505 acres of land being all of Lots 13 and 14,
Strang Subdivision according to the plat thereof filed .at Volume 75,
Page 22 Harris County Deed Records, in the Enoch Brinson Survey,
A-95, Harris County,' Texas and being more particularly described by
metes and bounds as follows:
BEGI~NING at a found brass cap rod in concrete marking the southeast
corner of said Lot 13 and also being the southeast corner of that
certain 20.2505 acres save and except 0.4011 acre bf lan~ described
in a deed dated 6-17-1976 from Claud B. Hamill to Southwest Specialty
Chemic:als, Inc. filed in the official public records of real property
o f H a r" r i s C 0 u n t y, T e x a sat C 1 e r k F i 1 e No. E - 7 96 7? 6, F i 1 m Cod e No.
143-0~,-0303 ;
THENCE S 870 051 47" W - 1,031.891, along thJ south line of said Lots
13 an~ 14, to a set 5/8" iron rod for corner;
THEflCE N 030 DO' 55" W - 855.54', along the comr.1on line of Lots 14
and 15, same being the east line of thet certain parcel of land
described in a,deed dated 11-16-1961 from Bank of the Southwest
National Association to Greif Bros. Cooperage Corp. filed et Volume
4554, Page 28 Harris County Deed Records, to a found 1/2" iron rod
for corner; , ' I,
THENCE N 87004' 55" E - 1,029.91', along the south right-of-\...ay line
of Strang Road ;(60' wide), to a set 5/8" iron rod for corner;
THENCE S 030 08' 53" E - 855.81', along the common line of Lots 12 and
13. to the POIHT OF BEGINNING and containing 20.2505 acres (882,109
square feet) of land, more or less.
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Honorable
P.O. Box
La Porte,
Norman Malone
115
TX 77572-1115
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10900 STRANG ROAD
LAPORTE. TEXAS 77571
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NIPPON PIGMENT~d.S.AJ INC
COLOR CONCENTRATE, CUstrOM COMPOUNi
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NIPPON PIGMENT (U.S.AJ INC.
COLOR CONCENTRATE, CUSTOM COMPOUND
10900 STRANG ROAD
LAPORTE. TEXAS 77571
PHONE: 171 31 471.4777
FACS: 471.7243
November 8, 1996
RE: Notice of Plant Closing
March 31, 1997
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foll.
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Honorable Norman Malone
P.O. Box 1115
LaPorte, Texas 77572-1115
Dear Mr. Malone:
In compliance with the Federal Worker Adjustment and Retraining Notification Act
("WARN"), 29 V.S.C. 2101, et seq., this is to notify you that beginning on February 8,
1997, approximately 79 individuals currently employed by Nippon Pigment, Inc. in its La
Porte, Texas facility will cease to be employed by Nippon Pigment. These employees will
receive 60 days notice of this employment loss,
Please accept this letter as official notice of a permanent plant closing by Nippon Pigment
which is given pursuant to WARN. All manufacturing and distribution activities at the La
Porte facility located at 10900 Strang Rd, La Porte, Texas will permanently discontinue
beginning February 8, 1997 and ending March 31, 1997.
A list of the job titles of positions affected and the number of affected employees in each
job position is attached. Bumping rights exist from bargaining unit employees. The Oil,
Chemical and Atomic Workers union, Local 4-367 represents certain company employees.
Should you need further information regarding this matter, you may contact me at (317)
398-7833, Shelbyville, Indiana.
QYvj~,
Ron Pitrelli
Director of Human Resources
Attachment
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NIPPON PIGMENT. INC.
Emplovees Affected bv Plant Closina
Administration 2
Clerks 6
Color Match Operators 3
Maintenance Technicians 2
Managers 4
Production Area Leads 10
Production Operator 35
Quality Control Area Lead 1
Quality Control Operators 5
Supervisors 5
Warehouse Area Lead 1
Warehouse Operators 3
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Citvof Lc1 Porte
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September 29, 1994
Nippon Pigment (USA), Inc.
Attention: Mr. Howard Heard
c/o Clarke & Company
13201 Northwest Freeway, Suite 503
Houston, TX 77040-6023
Re: Industrial District Agreement (IDA)
Exhibit nBn
Dear: Mr. Heard:
The City has received from your firm fully executed Industrial District Agreements.
However, Exhibit nBn is still outstanding.
As indicated in our previous request, Exhibit "Bn 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 "Bn at your earliest convenience. If your firm cannot provide
Exhibit nBn 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
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PHONE(7131471-5020
P. O. Box 1115 . LA PORTE. TEXAS 77572-1115
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June 28, 1994
Mr. Masahiro Akiya, President
Nippon Pigment
10900 Strang Road
La Porte, TX 77571
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Akiya:
A fully executed Industrial District Agreement together with the approval ordinance are
enclosed. While reviewing the documents, we noted that Exhibit II B II had not been
furnished. To complete our documents please forward Exhibit II B. II
Exhibit II B II is new to the Industrial District Agreements. In the past, the City has not had
a complete and cohesive map of the extraterritorial jurisdiction (ETJ) with participants in
the Industrial District Agreements delineated. It is our intent to use this exhibit as a base
for developing such a map. We also feel that these exhibits will assist in monitoring the
faithful performance of the Industrial District Agreements as well as aiding long-range
planning activities and in some instances responding to emergency situations within the ETJ.
If you do not have this information, cannot readily develop it, or need to discuss this
request, please contact my Assistant City Manager John Joerns.
Thank you for your assistance in completing these documents.
Sincerely,
G~T~
Robert T. Herrera
City Manager
RTH/CJo
Enclosures
cc J eft' litchfield, Finance Director
IDA File #93-IDA-27
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ASKINS & ARMS-rRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O, BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W. ASKINS
~OHN 0, ARMSTRONG
TELEPHONE 713 471-1886
TELECOPIER 713 471-2047
June 13, 1994
Mr. John Joerns
Assistant city Manager
City of La Porte
City Hall
La Porte, Texas
Re: Nippon Pigment (USA), Inc.
Industrial District Agreement
Dear John:
I have prepared approval ordinance and cover letter for Bob, on
this file.
You will note that the agreement has an Exhibit "A", but no Exhibit
"B". When we tried to pull the previous file on this contract, to
see if it had a plat, we realized that our files had been
subpoenaed for the HCS lawsuit, and that we do not have them.
I know that Council is anxious to wind up these contracts, and you
may wish to go ahead and put this contract on the June 27th agenda.
~Please note that I have
~to ask for the plat.
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changed the standard cover letter for Bob,
yQUIS) very truly,
a
Knof!J:. Askins
City Attorney
city of La Porte
KWA: sw
Enclosures
KWA:sw
Dear Mr. Sweeney:
The City of La Porte received Rohm & Ha~' 1993 IDA contracts. Each contract included
a site plan for Exhibit II B II . However, for Exhibit II A ", each contract included only a
reference to the metes and bounds description from the 1986 IDA contract, indicating tha-
information is ~for the 1993 IDA contract. ~
"\I' A..l.Ul
Enclosed for your~ review, is the metes and bounds description provided by
Rohm & Haas with their 1~ contract. The /City requests verification by Rohm &
Haas~that ~\fie.QS etes and boundS description is indeed Clln'e!lt ~ ~
n..<o-c.~.::-;? Y"___ v~'+"~T ~ ........ --:.l\. ~ -- -''1 +e e.-cL ..-~.;..:-...L ~ c..A:>~
If you need to discuss this request, please co,~ Assistant City Manager John Joerns. r
Thank you for your assistance in comple,nng these documents. 1
S~re~ ~ '0/
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June 28, 1994
Mr. Jim Sweeney
Rohm & Haas Company
P.O. Box 672
Deer Park, TX 77536
RE: Industrial District Agreement (IDA) Exhibits
Robert T. Herrera
City Manager
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