HomeMy WebLinkAbout93-IDA-33
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ORDINANCE NO. 93-IDA-33
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH PRIMECO, INC. D/B/A PRIME
EQUIPMENT, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING
DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. PRIMECO, INC. D/B/A PRIME EQUIPMENT has executed
an industrial district agreement with the City of La Porte, for the
term commencing January 1, 1994, and ending December 31, 2000, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil Statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subj ect matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 93-IDA-33
PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 10th day of January, 1994.
CITY OF LA PORTE
By:
vf. ~a-d
~tr~1::{6.o~PJU
Mayor
ATTEST:
S~~L
Sue Lenes,
City Secretary
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Knox W. Askins,
City Attorney
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CURRENT NAME
PREVIOUS NAME & DATE
Prime Equipment Company
Grace Equipment, 1987 - 1990
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-8 SENDER:
'iij 0 Complete items 1 and/or 2 for additional services.
III 0 Complete items 3, and 4a & b.
l!! . Print your name and address on the reverse of this form so that we can
W return this card to you.
~ . Attach this form to the front of the mailpiece, or on the back if space
.. does not permit.
.! . Write "Return Receipt Requested" on the mailpiece below the article number.
... 0 The Return Receipt will show to whom the article was delivered and the date
delivered. '~'\ Consult ostmaster for fee.
3. Article Addressed to: 4a rticle Number
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I also wish to receive the
following services (for an extra
fee):
1. 0 Addressee's Address
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CITY OF LA PORTE
PHONE (713) 471.5020 . P. O. Box 1 1 15 0 LA PORTE. TEXAS 77572
January 11, 1994
Prime Equipment Company
Attn: Ms. Patsy Casaretto
The Property Tax Company, Inc.
7815 Brushwood
Houston, TX 77088
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Ms. Casaretto:
I am pleased to enclose herewith fully executed duplicate original
copy of the industrial district agreement between your firm and the
City of La Porte, effective January 1, 1994, for the term expiring
December 31, 2000.
I also enclose certified copy of the City of La Porte's approval
ordinance, for your records.
Thank you for your cooperation in this matter. If my office can
ever be of assistance to your firm, please do not hesitate to call.
Yours very truly,
CITY OF LA PORTE
By: CX~ T. ~
Robert T. Herrera
City Manager
RTH:sw
Enclosures
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NO. 93-IDA-3.3 {
{
STATE OF TEXAS {
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COUNTY OF HARRI S {
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 PRIMECO, INC. d/b/a PRIME
EQUIPMENT , 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 wi thin 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: 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 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 annexeQ Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined
by the Harris County Appraisal District. The parties hereto
recognize that said Appraisal District has no authority to appraise
the Land, improvements, and tangible personal property in the
unannexed area for the purpose of computing the "in lieu" payments
hereunder. Therefore, the parties agree that the appraisal of the
Land, improvements, and tang ible 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, Company shall furnish to City a
written report of the names and addresses. of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 1994, or 30 days from
mailing of tax bill and in like manner on or before each D~cember
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 whicn 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 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 afte~ 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 least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of company's hereinabove described
property which would be due to 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
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
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 v.alue 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 landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs City of
La Porte, civil Action H-89-3969, United States District Court,
Southern District of Texas.
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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 pereto 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 terminate.
ENTERED INTO effective the 1st day of January, 1994.
~\W\tCo .t\'Sc. d,'oo.. ~\v<\t: t(j\j\D~~\
(COMPANY) \ \
By:
w. Askins
Attorney
of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
:cJ
CITY OF LA PORTE
BY:~~~Ucd~
man L. Malone. -
Mayor
ATTEST: ~
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city Secretary
By: Q~T. ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(713) 471-1886
(713) 471-2047
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OST-29-93 FRI 15:31 THE PROPERTY TA~ co.
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THE PROPERTY TAX COMPANY, INC.
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(7-r3) 446-ti26S
pJ'MJ ("-13) .f.f$-()1fJ1-9
O~Lober Z9, 1993
Mr. Robert T. Herrera
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".:' '"i -:'_ La : P-o r t,e. . Tx . '.'
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DeRr Mr. Herrera:
P.82
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MEMBER
International Associaliotl
~ Assessing Offi<:cml
RECEIVEQ'
'. OCT 2'9 1993.
..C/.IY.,.;'MANAGERS.....' ,
.... OFFICE .
Please ex~end~~h~.d~ad lin~ for.the.return of the ind~strial
di f;t. T"ic't. agreements for Big Three Industries, ~lphagaz , and..
Pr'ime Equipment Company. We will get the signed 'copies to .
-;ou early next week.!'
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rhAnk you for your time and consideration in this matter. If
I can be of further assistance please call.
Very truly yours.
k#Wt1- ~.
PalHY M. Casaretto
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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
Grace EauiDrnent Co.
, a
Texas
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:
(See Exhibit "A")
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Industrial Oistrict Agreement - 2
upon which
plant{s} or
and
tract{s} Company has either constructed an industrial
contemplates the construction of an industrial plant{s}~
WHEREAS, pursuant to its policy, City has enacted Ordinance No.
729, designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte,
Texas," and Ordinance No. 842, designating portions of the area lo-
cated in its extraterritorial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinafter collectively called "Dis-
trict," such Ordinances being in compliance with the Municipal Annex-
ation Act of Texas, Article 970a, Vernons Annotated Revised civil
Statutes of Texas~ and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose desires
to enter into this Agreement with Company pursuant to Resolution
adopted by the City Council of said City and recorded in the official
minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual
agreements of the parties contained herein and pursuant to the
authority granted under the Municipal Annexation Act and the Ordinances
of city referred to above, City and Company hereby agree with each
other as follows:
1.
Ci ty covenants, agrees and guarantees that during the term of
this Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue and retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the land described above and belonging to
Company and its assigns, and unless and until the status of said
land, or a portion or portions thereof, as an industrial district may
be changed pursuant to the terms of this Agreement. Subject to
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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,
to the extent that it covers said land lying within said District and
not now within .the corporate limits of City, or to be annexed under
the provisions of Article II hereof, shall be immune from annexation
by City during the term hereof (except as hereinafter provided) and
shall have no right to have extended to it any services by City, and
that all of said land, including that which has been heretofore .or
which may be annexed pursuant to the later provisions 'of this
Agreement, shall not have extended to it by ordinance any rules and
regulations (a) governing plats and subdivisions of land, (b) prescri-
bing any building, electrical, plumbing or inspection code or codes,
or (c) attempting to exercise in any manner whatever control over
the conduct of business thereon; provided, however, it is agreed
that city shall have the right to institute or intervene in any
judicial proceeding authorized by the Texas Water Code or the Texas
Clean Air Act to the same extent and to the same intent and effect as
if all land covered by this Agreement were located within the corporate
limits of City.
II.
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Industrial District Agreement - 4
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Company also agrees to render to City and pay an amount "in lieu
of taxes II on company's land, improvements, and tangible personal
property in the unannexed area equal to the sum of:
(1) Fifty percent (50%) of the amount of ad valorem taxes which
would be payable to City if all of the hereinabove described
property which existed on January 1, 1986, had been within the
corporate limits of City and appraised each year by City's
independent appraiser~ and
(2) Thirty percent (30%) of the amount of ad valorem taxes which
would be payable to City on any increase in value of the
hereinabove described property, in excess of the appraised value
of same on January 1, 1986, resulting from new construction and
new acquisitions of tangible personal property, (exclusive of
Construction in Progress, which shall be exempt from taxation),
if all of said new construction and acquisitions had been within
the corporate limits of City and appraised by City's independent
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Industrial District Agreement - 5
appraiser;
with the sum of (1) arid (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 terminat'e. 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
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, tl1at
nothing herein contained shall be deemed to obligate either party
hereto to agree to an extension of this Ag~ement.
V.
Company agrees to pay all ad valorem taxes, 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
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
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
company shall have the right to take all legal steps desired by it to
reduce the same.
Nothwithstanding such protest by Company, Company agrees to pay
to City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total amount of the "in lieu of taxes" on the
unannexed portions of Company's hereinabove-described property which
would be due by Company to City in accordance with the foregoing
provisions of this Agrement on the basis of renditions which shall be
filed by Company on or before March 31 of each year during the term
of this Agreement, with both the City and the Harris County Appraisal
District (as the case may be) for that year.
When the City or Harris County Appraisal District (as the case
may be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion of
the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penal ties,
interests, and costs.
(B) Should Company disagree with any appraisal made by the
independent apppraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the appraisal
made by said independent appraiser shall be final and controlling for
purposes of the determination of "in lieu of taxes" payments to be
made under this Agreement.
Should Company give such notice of 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 IS
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agreement
as to the market value of Company I s property for "in lieu II 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 II in lieu II payments which would be due hereunder on the basis of
Company I s valuations rendered and/or submitted to City by Company
hereunder, or the total assessment and II in lieu of taxes II 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 II in lieu II
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
decision shall then be final and binding
practicable. That
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, Vernon's Annot-
ated Revised Civil Statutes of Texas). Costs of the arbitration
shall be shared equally by the Company and the City, provided
that each party shall bear its own attorneys fees.
(C) Should the provisions of Article II of this Agreement
become impossible of enforcement because of (1) the invalidity or
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
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.
'rhis 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.
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 than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement; provided,
however, City reserves the right to enter into such agreements or
renewal agreements with other landowners not covered by' existing
agreements, containing a percentage of ad valorem taxes more favorable
to the landowner than that 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 renewal thereof, than
that contained in Paragraph II, Subparagraph 3 (2) hereof. City may
extend more favorable terms to landowners covered by existing contracts
only to the extent such favorable terms apply to any increase in
value of the hereinabove described property, in excess of the appraised
value of same on January 1, 1986, as described in Paragraph II, Sub-
paragraph 3 (2) hereof.
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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
Agreement shall not be affected thereby.
XII.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said land shall terminate.
ENTERED INTO this 1st day of June, 1986.
ATTEST:
Grace Equipment Co.
(COMPANY)
Asst.
BY
Name:
Name
John D. Latimer
Title:
Vice President, Finance
Address:
3200 Wilcrest #500
Houston. TX 77042
APPROVED BY COUNSEL:
Name: ~/i::p;;e/1 ~~ S;.--h//1....
.
Address: 13~S_<;, Me-I s;.,/~ /5"00
001/c-..s , l;'x V.$ 75 ~ '1"0
Telephone: (;2./4') '770 -0:2 tiC
"
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Industrial District Agreement - 12
ATTEST:
-is? .
f!-J;A~~/ ~&~/~
Cherie B1ack~ City Secretary
APPROVED BY COUNSEL:
/ /
?,t-.11'/ {J/
KNOX W. ASKINS, city Attorney
702 W. Fairmont Parkway
P. O. Box 1218
La Porte, Texas 77571
Telephone: (713) 471-1886
(Revised: 03/87)
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CITY
A PORTE
1
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1'1 .rman Malone, M yot
By:
By: 0?~ -r: ~
Robert T. Herrera, City Manager
CITY OF LA PORTE
P. O. Box 1115
La Porte, Texas 77571
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/73-=92-1755
4.80 ACRES
Field note deBcription of a tract of land containing 4.80 acree being
part of and out of Strang Subdivision. as' per map or plat of said subdivision
recorded in Volume ]5. Page 22 of the Deed Records of llarris County. Texas,
.and being part of and out of that certain 15.6585 acre tract per instrument
recorded in ~8rriB County Clerk's File ~o. F-041752, .in the Enoch Brinson
Survey. Abstract 5, in Harris County. Texa8 Bnd being more particuarly de8cribed
by metes and boundo A8 follows:
COMMENCING at " point belng the intersection of the Bouth rIght-of-way
line of Strang Road, 60 feet wlde, nnd the northerly right-of-way line of
State IUghway 225. 370 feet ",ide. n t the moat weat corner of the said 15.6585
Here tract:
THENCE S 690 55' 03" E, along the northeasterly right-of-way line of State
llighway 225, 370 feet wide. for a dlstnn~c of 1,714.78 feet to a 5/8 inch iron
rod set for clbrner and the PLACE OF nt-:<:1NNING;
THENCE S 690 55' 03" E, continuing ulong the northeasterly right-or-way
line of State Highway 225. 370 feel wide for a distance of 343.65 feet to a
1/2 inch iron rod found for corner ul lhe southeast corner of aforesaid 15.6585
acre tract:
TIIENCE N 0" 07'56" W. along the ca9t .llne of the 15.65H~ acre tract, for
a distance of 706.22 feet to a 3/B inch iron rod found for corner on the south
right-of-way line of said Strang HO:Jd. 60 feet wide. at the northea8t corner
of the Baid 15.6585 acre tract;
TIIENCE N 89" 58' 57" W. along the Routh right-of -way line of Strang Road.
60 feet wide. for n distance of JZ).03 feet to 8 5/8 inch iron rod set for
corner:
nmNCF. S 00 07' 56" E. for n diytance of 588.32 feet to the PLACE OF
BEGINNING, of 8 tract con~8inlng ~.80 acres of land.
8T~TE 0' TEXAS
f;OUNTY or !lARRIS
I 'h.raby narmy th.' thl. In."uman' wee tilED 'n
r f. Numbar S'Qu.ne. on th. da.. and It tha tlmo .tamped
':.roon by mo; and wn dilly RECOROED, 'n 'h. Ollie'.'
, ublle R.co.d. 01 Reaf Proparty of 11.",. County, T.... 01t
DEe 111980
EXHIBIT "A"
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f!l oft I (t--i (Cf4 Industrial District Agreements
Each company's packet should contain the following:
~ ~
A letter offering the agreement and certified copy of ordinance
A letter requesting action / . ./ ~ ~
/ ~V/
Agreement - signed by company. Mayor: RTH. Sue. Knox
Exhibit II A II /"
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Exhibit II B II - some will not have this item since we kept the only one that was sent
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:173-=92-.1753
GENERAL WARRANTY DEED
THE STATE OF TEXAS
~
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KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THAT THOMAS H. NATION, TRUSTEE, 'of the County of Harris,
State of Texas, hereinafter called "Grantor", for and in consid-
eration of the sum of TEN AND NO/IOO ($IO.OO) DOLLARS and other
good and valuable considerations to him in hand paid in cash by
!
~
KINCO, INC., a Texas corporation, hereinafter called "Grantee",
the receipt and sufficiency of which is hereby acknowledged, has
j] GRANTED, SOLD AND CONVEYED and by these presents does GRANT,
1. ,AND CONVEY unto the said Grantee, 4.80 acres of land out of the
17~ Strang Subdivision, per map or plat thereof recorded in Volume
~ 75, Page 22 of the Deed Records of Harris County, Texas, more
particularly described by metes and bounds on Exhibit "A" here-
unto attached and made a part hereof for all purposes.
This conveyance is made and accepted subject to:
a. A 1/16 nonparticipating royalty interest in and to
all oil, gas and other minerals which may be produced from the
above described property, as reserved in Deed recorded under
County Clerk's File No. D-876837 in the Real Property Records
of Harris County, Texas.
b. Reservation of all oil, gas and other minerals on,
in, under or that may be produced from the above described
property as set out in instrument filed under County Clerk's
,.f~'-"
File No. D-912391. in the Real Property Records of Harris County,
Texas.
F~ ETlJ R ~"'~ TC~:
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TO HAVE AND TO HOLD the above described premises together
with all and singular the rights and appurtenances thereto in any-
wise belonging unto the said Grantee, its successors and assigns,
forever, and Grantor does hereby bind himself, his successors and
assigns, to WARRANT AND FOREVER DEFEND all and singular the said
premises unto the said Grantee, its successors and assigns, against
every person whomsoever lawfully claiming or to claim the same or
any part thereof..
EXECUTED this ~ay of December, A.D., 1980.
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'rHO} TNATI ,TRUSTEE 15V
THE STATE OF TEXAS
~
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COUNTY OF HARRIS
BEFORE ME, the undersigned authority, on this day
personally appeared THOMAS H. NATION, TRUSTEE, known to me to
be the person whose name is subscribed to the foregoing in-
strument,and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1L--
day of December, A.D., 19~9.
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Nota Public in and or
Harris County, Texas
My commission expires:
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~ie1d note description ~f a tract of land containing 4.80 acres being
part of and out of Strang Subdivision, as' per map or plat of said subdivision
recorded in Volume 75,Page 22 of the Deed Records oJ Harris County,Texas,
.and being part of and out of that certain 15.6585 acre tract per instrument
. recorded in Barris County Clerk's File lio. F-041752, .in the Enoch Brinson
.Survey, Abstract 5, in Harris County, Texas and being more particuar1y described
by metes and bounds as follows:
COMMENCING at a point being the intersection of the south right-of-way
line of Strang Road, 60 feet wide, und the northerly right-of-way line of
State Highway 225, 370 feet wide, at the most west corner of the said 15.6585
acre tract;
THENCE S 690 55' 03" E, along the northeasterly right-of-way line of State
Highway 225, 370 feet wide, for a distance of 1,714.78 feet to a 5/8 inch iron
rod set for corner and the PLACE O}-' BEGINNING;
THENCE S 690 55' 03" E, continuing along the northeasterly right-of-way
line of State Highway 225, 370 feel wide for a distance of 343.65 feet to a,
1/2 inch iron rod found for corn~r at lh~ southeast corner of aforesaid 15.6585
acre tract;
THENCE N 00 07' 56" W, along tllc cast .line of the 15. 658S acre trae l, for
a distance of 706.22 feet to a 3/'d i.neh iron rod found for corner on the south
right-of-way line of said Strang Hoad, 60 feet wide, at the northeast ,corner
of the said 15.6585 acre tract;
THENCE N 890 58' 57" W, along the south right-of-way line of Strang Road,
60 feet wide, for a distance of Jl).03 feet to a 5/8 inch iron rod set for
corner;
TIiENCE S 00 07 t 56" E. for a dis'tance of 588.32 feet to the PLACE OF
BEGINNING, of a tract con~aining 4.80 acres of land.
STATE OF TEXAS l
COUNTY OF HARRIS f
I hereby cenlly that this InatfUm~nt wea FILED In
rile Number Sequence on the dete and at the lime stamped
'lueon by me; and was duiy RECORDED, In the OfficIal
Public Racores of Real Property of Ha,,'s County, Texas OR
DEe 111980
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COUNTY CLERK,
HARRIS COUNTY~ TEXAS
EXHIBIT "A"
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"EXHIBIT An
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
PRIMECO, INC. d/b/a PRIME EQUIPMENT
(Metes and Bounds Description of Land)
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"EXHIBIT Bn
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
PRIMECO, INC. d/b/a PRIME EQUIPMENT
(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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d.b.a. Prime Equipment Co.
93-IDA-33
Exhibit B
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ei'sURVEY~
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4.80 Acres
IN THE ENOCH SRI NSON SURVEY I A-5
NEAR HOUSTON, HARRIS COUNTY, TEXAS
SCALE' I" . 200'
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MOLDOVAN AND ASSOCIATES
CONSUl.TlNG .E:NGINEERS' LAND SURVEYORS
HOWARD DR.. HOUSTON 77017 64 !S-3726, 643-858!S
FILE Nil 6005.24
SURVEYED BY'.,
DRAWN BY;
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Tho und~r9lgned doe. hereby certify thot this survey was thl. da\"
lIl.:1dc on th" gronnd "f the property legally described her~on nnd .
is correct and that there tlrp no discrcpo'lnclefl, conflfrts.
~lwrt~SQB in area blJllndary lines conflicts, visible encroachment~.
ovcrl~pplng of imporvement~, vJsiblc eaRements, or 8ppnrent
right-of-ways except os shown hPreon and thaf sold.property has
access to and from n dedtr.atcd roadwRY, except AA shown hereon.
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Von Denson
I, DON DENSON. HEREBY CERTIFY THAT THIS PLAT REPRESENTS
A SURVEY MADE ON. THE GROUND BY ME ON NOV. 5 a. 6, 1380 AND
AT THIS DATE. THE FACTS AS SHOWN HEREON WERE TRUE AND
CORREC~ ;J~~~~~
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. Don Denson; ~ .
Reg. Pub. Surv. N2 2068; ~... ~ "".8"h~/
STATE OF TEXAS ('l' 5'~
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Primeco, Inc.
d.b.a. Prime Equipment Co.
93-IDA-33
Exhibit B