HomeMy WebLinkAbout93-IDA-35
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ORDINANCE NO. 93-IDA-35
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH TOM M.R. INC., 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. TOM M.R. 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-IDA-35
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 28th day of March, 1994.
By:
CITY OF LA PORTE
~41fA
.man L. Malone,
Mayor
ATTEST:
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Sue Lenes,
City Secretary
oz~d
Knox W. Askins,
City Attorney
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CURRENT NAME
PREVIOUS NAME & DATE
Ragsdale Development Corporation
~ \'Y\ tvt.~') T ~ (!. . - /'1tf1,3
eo RAGSDALE o.
DEVELOP1\vl ENT COI{ POI{ATION
RECEIVED
..3
MAR Jt 1994
March 1, 1994
CITY fvl!\NAGERS
OFFICE
Mr. Robert T. Herrera ~
City Manager
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
-'-/[o 0xt:t1
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Attn: Ms. Carol Buttler
Gentlemen:
Enclosed are two executed copies of the Industrial
District Agreement pertaining to the property owned by Tom M.
R., Inc.
Sorry about the delay in returning these agreements.
Please call me if you have any questions.
Yours very truly,
~~?n ~~
George M. Ragsdale
GMR:dr
Enclosures
6100 Hilkroft
Suite 630
Hal/stall, Texas 77081
7130779-7990
Facsimile 7130779-4250
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CITY OF LA PORTE
PHONE (713) 471-5020 . P. O. Box 1 1 15 . LA PORTE. TEXAS 77572
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March 29, 1994
Tom M.R., Inc.
c/o Mr. George Ragsdale
Ragsdale Development Corporation
6100 Hillcroft, suite 630
Houston, TX 77081
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Gentlemen:
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 hes~tate to call.
Yours very truly,
CITY OF LA PORTE
By: CX~ \. ~
Robert T. Herrera
City Manager
RTH:sw
Enclosures
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NO. 93-I'oA- 3~ {
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STATE OF TEXAS {
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COUNTY OF BARRI 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 Tom M. R. 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 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 annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined
by the Harris County Appraisal District. The parties hereto
recognize that said Appraisal District has no authority to appraise
the Land, improvements, and tangible personal property in the
unannexed area for the purpose of computing the "in lieu" payments
hereunder. Therefore, the parties agree that the appraisal of the
Land, improvements, and tangible personal property in the unannexed
area shall be conducted by City, at City'S expense, by an
independent appraiser of City's selection. The parties recognize
that in making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
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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
w-ritten report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 1994, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2000, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
D. Company agrees to render to city and pay an amount "in lieu
of taxes" on Company's Land, improvements and tangible personal
property in the 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 appraiser; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new construction,
in excess of the appraised value of same on January
1, 1993, resulting from new construction (exclusive
of construction in progress, which shall be exempt
from taxation), for each Value Year following
completion of construction in progress, an amount
equal to Thirty percent (30%) of the amount of ad
valorem taxes which would be payable to City if all
of said new construction had been within the
corporate limits of City and appraised by City's
independent appraiser.
(b) A Substantial Increase in value of the Land and
improvements as used in subparagraph 2(a) above, is
defined as an increase in value that is the lesser
of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 1993; or.
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing property values have depreciated below
the value established' on January 1, 1993, an amount
equal to the amount of the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value; and
3. (a) Fifty-percent (50%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by the City's independent
appraiser; .
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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of leased equipment, rail~oads, 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 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 isa 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 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 fait-
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 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 terminate.
ENTERED INTO effective the 1st day of January, 1994.
By:
Tom M. R. Inc.
(COMPANY)
A~~5v,~~
Name: George M. Ragsdale
Title: President
Address: 6100 Hillcroft, Suite 630
Houston, TX 77081
ATTEST: ~
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Knox W. Askins \
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
PORTE
By: (j(~ 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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"EXHIBI'T 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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SIGNED
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"EXHIBIT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
(Metes and Bounds Description of Land)
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EXHIBIT "A"
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Exhibit "A" to agreement dated day of , 1987,
between LA PORTE, TEXAS, a municipal corporation of Harris County, Texas
and RAGSDALE DEVELOPMENT CORPORATION, a Texas corporation.
TRACT NO. 1
25,000 square feet of land, more or less, out of the Enoch
Brinson League, A-5, IIarris County, Texas and being out of
the Westerly portion of a tract described as Tract No. I to
R. G. Florance, Sr. in deed recorded in Volume 5451, page
65 of the Harris County Deed Records and being more par-
ticularly described by metes and bounds as follows:
STARTING at a concrete mqnument marking the inter-
section of the Westerly right-of-way of state
Hi~hway 146 and the North line of the above men-
tioned Tract No.1, said monument being 2204.4
feet North of the North line of Block 30, Nebraska
Syndicate Tract and along the projected centerline
of 13th Street and 561.65 feet East along an old
fence marking the North line of the above mentioned
Tract No. 1 for PLACE OF BEGINNING;
THENCE, West, 310.86 feet to an iron rod for corner;
THENC~, South, 100.00 feet to an iron rod for corner;
,
THENCE, East, 189.14 feet to an iron rod for corner
in the Westerly right-of-way of State Highway 146;
THENCE, N50035140''E, 157.53 feet along the Westerly -_
right-of-way of State Highway 146 to the PLACE OF
BEGINNING and containing 25,000 square feet of land,
more or less.
.,..
TRACT NO. 2
22,079 square feet of land, more or less, out of the Enoch
Brinson League, A-S, Harris County, Texas and being out of the
Westerly portion of a tract described as Tract No. 1 to R.
G. Florance, Sr. in deed recorded in Volume 5451, page 65 of
the Harris County Deed Records and being more particularly
described by metes and bounds as follows:
STARTING at an iron pipe marking the Northwest cor-
ner of the tract herein described, said iron pipe
being 2204.4 feet North along the projected centerline
of 13th Street from the North line of Block 30, Ne-
braska Syndicate Tract and 30 feet, East of said
centerline; \
TIIENCE, East, 220.79 feet alorg an old fence marking
the North line of the above mentioned Tract No. 1 to
an iron rod for Northeast corner;
THENCE, Sou th, 100.0 fee t to an iron rod for Sou th-
east corner;
TlffiNCE, West, 220.79 feet to an iron rod in the East
Right-of-Way of 13th Street (also known as Strang
R03d) for Southwest corner;
THENCE, North, 100.0 'feet along the Eust Right-of-lv.1Y
line to the PL~CE OF BEGIN~ING and containing 22,079
squaro feet of lund, morc or lcss.,.."'........
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City of La Porte
Eswblished 1892
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September 27, 1994
Mr. George Ragsdale
Ragsdale Development Corporation
6100 Hillcroft, Suite 630
Houston, TX 77081
Re: Industrial District Agreement Exhibits
Dear Mr. Ragsdale:
Please find enclosed an "Exhibit B" to be included in your Industrial District Agreement.
As you were unable to furnish the City of La Porte with a copy of a survey of your property,
we took the liberty of producing an exhibit from Harris County Appraisal District Maps.
If you have any questions, please feel free to contact me at 471-5020 ext. 257.
Sin~Y' A
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Charles R. Harrington
Director of Planning
P,(I.P,,':dll~ 0 L,t!'.'nl'.Tc:\~1'~~112-ii:~ 0 (ll)H~1-502~'
CITY OF LA PORTE
911 No.
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April 15, 1994
Mr. George Ragsdale
Ragsdale Development Corporation
6100 Hillcroft, Suite 630
Houston, TX 77081 ,
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Ragsdale:
A fully-executed Industrial District Agreement together with the approval ordinance are
enclosed. While reviewing the documents, we found that Exhibit liB II had not been
furnished. To complete our documents please forward Exhibit II B. II On the site plan please
indicate any previously annexed property. If you do not have this information available,
please notify us. Ifnecessary, we will be able to research City records to identify previously
annexed areas.
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,
Q~ 'T ~
Robert T. Herrera
City Manager
RTHjcjb
Enclosures
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-35
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Industrial District Agreements
Each company's packet should contain the following:
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A letter offering the agreement and certified copy of ordinance
h letter requesting action / / / J /
Agreement - signed by company. Mayor. RTH. Sue. Knox
~bit "A"
Exhibit "B" - some will not have this item since we kept the only one that was sent
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~ SENDER:
'w . Complete items 1 and/or 2 for additional services.
CD . Complete items 3. and 4a & b.
l!? . Print your name and address on the reverse of this form so that we can
CD return this card to you.
i; . Attach this form to the front of the mailpiece. or on the back if space
.. does not permit.
1 . Write "Return Receipt Requested" on the mailpiece below the article number.
... . The Return Receipt will show to whom the article was delivered and the date
S delivered,
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""'U.S. GPO: 1993-352-714
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DOMESTIC RETURN RECEIPT
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M.R.
IN~.
October 26, 1993
RECEIVEQ:
OCT 2 8 1993
?'TY MANAGERS
OFFICE
Mr. Robert T. Herrera [Fax No. (713) 471-7168]
City Manager
City of La Porte
P. o. Box 1115
La Porte, TX 77572-1115
Re: City of La Porte Proposed Industrial D~strict Agreement,
dated October 22, 1993.
Dear Mr. Herrera:
Tom M.R., 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 give by our firm to the City of La Porte
at this time, with the request that the City of La Porte not
include our firm's land in any annexation proceedings. Our firm
understands that the City of La Porte, in reliance upon this
letter, will not include our firm's land in the proposed
annexation proceedings.
Yours very truly,
TOM M. R ., I NC .
~~-~~
George M. Ragsdale
Vice President
6100 HILLCROFT, SUITE 630 HOUSTON, TX 77081
(713) 779 -7990
779-4250 FAX
.
.
ORDINANCE NO.
1539
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE
OF AN INDUSTRIAL DISTRICT AGREEMENT WITH RAGSDALE DEVELOPMENT
CORPORATION, WITHIN THE BATTLEGROUND INDUSTRIA,L DISTRICT FOR
'rHE TERM COMMENCING JANUARY 1, 1987, AND ENDING DECEMBER 31,
1993.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The City Council of the City of La Porte hereby
finds, determines and declares that Ragsdale Development Corpora-
tion has executed an industrial distri.ct agreement with the
city of La Porte, for the term commencing January 1, 1987, and
ending December 31, 1993, a copy of proposed i.ndustrial dis-
trict agreement being attached hereto, incorporated by reference
herein, and made a part hereof for all purposes.
Section 2.
The Mayor, the City Council, and the City
Secretary of the City of La Porte, Texas, be, and they are
hereby, authorized and empowered to execute and deliver on
behalf of the City of La Porte, Texas, the industrial district
agreement wi th the corporation named in Section I hereof, a
copy of which is attached hereto.
Section 3.
The City Council officially finds,
deter-
mines, recites and declares that a sufficient written notice
of the date, hour, place and sub ject of this meeting of the
ci ty 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.
e
.
Ordinance No.
1539
, Page 2.
Section 4. This Ordinance shall be in effect immediately
upon its passage and approval.
PASSED AND APPROVED this the 27th
day of April, 1987.
CITY OF LA PORTE
By
A. 4 ~1.Lr<:t/~/LkL'--'
B. Don Skelton, Mayor Pro Tern
ATTEST:
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(!,Ai.U~/ :t,.c/c/
Cherie Black, City Secretary
APPROVED: I
(/_y .~.I /"" il. I
.~C'l'c ,;'X 'It/. 4:...~:,..;.~
Knox W. Askins, City Attorney