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Home My WebLink About93-IDA-37 I I ~' ~ , .r I l DA ,) ,'J.,. l"_e,,; ", ,.'- I , L' ,......' HUNTSMAN c CERTIFIED MAIL - Return Receipt Requested No. Z 497 787 921 , April 7, 2000 Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 LaPorte, Texas 77572-1115 Re: Huntsman Polymers Corporation (formerly Rexene Corporation) Industrial District Agreement - City of La Porte Dear Mr. Herrera: Huntsman Polymers Corporation (formerly Rexene Corporation) is in receipt of the proposed 2001 renewal agreement for the City of La Porte's Industrial District Agreement. 7 Huntsman Polymers Corporation ("Huntsman") would like to discuss the proposed agreement with the Ci!y. ~ ,~=--~- :;; ~- ....... :--~ In addition, Huntsman would like to discuss, the land values whicn are to be included in this new agreement as well as the values included in the City's prior payment calculations. It has come to our attention that the City of La Porte has been including the value of the entire tract of land (360.26 acres) in the calculated payments since the inception of the current contract (January 1, 1994). Survey maps of the subject property indicate that approximately 152.12 acres are within the City of Pasadena Industrial District and approximately 17.90 acres are within the City of Pasadena. According to calculationS( on the City of La Porte tax bills, approximately 12.39 acres lie within the City of La Porte.\ Therefore, only 177.85 acres fall within the City of La Porte's Industrial District. :.-J The attached worksheet details the overpayments to date in the amount of $177,630.04 to the City. of La Porte. The calculations are based on the value of the property as determined by the Harris County Appraisal District (per Section 2 of the Agreement) and the payment terms as described in Section 3, paragraph 0(1). Huntsman respectfully requests a refund of this overpaid amount. HUNTSMAN CORPORATION 3040 Post Oak Boulevard · Houston, Texas 77056 · 713-235-6000 · Fax 713-235-6416 April 7, 2000 Mr. Robert T. Herrera Page 2 Please address all future correspondence regarding this Industrial District Agreement to: Huntsman Polymers Corporation Attn: Jeffrey L. Morrison 3040 Post Oak Boulevard Houston, Texas 77056 Please call me at {713} 235-6971 to schedule a time to discuss this issue. Yours truly, A~/lf~OJ- ~ffrey L. Morrison Director - Excise and Ad Valorem Taxes Enclosures cc: Mr. John Joems - Assistant City Manager Mr. Jeff Litchfield - Director of Finance/ACM Mr. Knox W. Askins - City Attorney Mr. Kevin Hardman - Huntsman, Salt Lake City Mr. James Napier - Huntsman, Houston Calculation Overpayment Industrial District Agreement Huntsman Polymers Corporation (formerly Rexene Corporation) 01/01/1999 6,469,750 360.26 01/01/1998 6,469,750 360.26 01/01/1997 6,469,750 360.26 01/01/1996 4,097,510 360.26 01/01/1995 4,097,510 360.26 01/01/1994 4,097,510 360.26 Assessment Date Harris County Assessed Value Total Acres 17,959 190.24 17,959 190.24 17,959 190.24 11,374 190.24 11,374 190.24 11,374 190.24 Assessed Value per Acre Total Acres in La Porte 3,416,520 53% 3,416,520 53% 3,416,520 53% 2,163,790 50% 2,163,790 50% 2,163,790 50% Total Value in La Porte % Taxable per Agreement ))8)8I:Atl x~==- 1,810,756 0.71% 1,810,756 0.71% 1,810,756 0.71% 1,081,895 0.71% 1,081,895 0.71% 1,081,895 0.71% Taxable Value in La Porte Tax Rate 12,856.37 1,583.44 12,856.37 1!~83.44 12,856.37 1,583.44 7,681.45 1,583.44 7,681.45 1,583.44 7,681.45 1,583.44 Total Tax Due Tax Paid on Annexed Portion 11,272.93 11,272.93 11,272.93 44,351.78 51,004.55 44,351.78 L 8B\7o~. J;G ---.-J 6,098.01 30,575.23 ) 6,098.01 30,575.23 1\)7~~.C.'\ 6,098.01 30,575.23 Due Payment Total Industrial District Payments Remitted go T?3 ;:z~ - (33,078.85) O~OO (39,731.62) 1,690.94 (33,078.85) 0.00 (24,477.22) 0.00 (24,477.22) 0.00 (24,477.22) 0.00 Net Overpayment Penalty on Payment (177,630.04) (33,078.85) (38,040.68) (33,078.85) (24,477.22) (24,477.22) (24,477 .22) Due - 1998 Only at 15% - 1994 thru 1999 Total Overpayments ?~ Q, ~ 7 1 ~Lj- '1 3 G~ ~ ,) '0 + ) ~ 61 ~~tU-it~ ~(yt-oJ J \A.C r"/'7 7;;' .tt J? 'f,)~ 80 })8 BtD. bO :(0 F7'? ~ 066.7:3 ) ) LJb City of La Porte Estahlished lS92 October 1, 1999 Rexene Attn: Tax Department 5005 Lyndon B. Johnson Freeway Dallas, TX 75244-6100 Re:Renewal of City of La Porte Industrial District Agreement Dear Sir/Madam: The Industrial District Agreement between your firm and the City of La Porte expires on December 31, 2000. We believe this type of agreement has served both the city and Industry' well and we look forward to continuing this proactive relationship. I am pleased to advise you that the City council has approved the attached agreement. The agreement has several changes that I believe will benefit both parties: . No rate increase is proposed. . A change in term is proposed. We would like to increase the term from 7 years to a 10 year contract. . The proposed agreement contains a new Paragraph III E, which will establish a "Floor" on the rate the City may impose as a tax to Industry. . The proposed agreement contains language, in Paragraph III A, clarifying that pollution control equipment installed on the land pursuant to a mandate of a state or federal agency will be exempt from ad valorem taxation and "in lieu of taxes". The City will be hosting a meeting on this subject on October 27, 1999, at City Hall. During this meeting we will review the agreement with you or your designee. Attached to this letter is a "redlined" draft of the proposed 2001 renewal agreement. f',u.I\t1X IIJ,) · Ll['<lrIL',TL'Xa<;77~72.[[['j. (7In47J.'jOZO October 1, 1999 Page 2 Should you have any questions, please do not hesitate to contact me at 281-471-5020 or any of the staff whose names and phone numbers are noted below. I am looking forward to our meeting of October 27, 1999, at 10:30 a.m., here at City Hall. Yours very truly, CITY OF LA PORTE By: Q~\~~ Robert T. Herrera City Manager RTH:sw Enclosures cc: Mr. John Joerns Assistant city Manager 281-471-5020 Mr. Jeff Litchfield Director of Finance/ACM 281-471-5020 Mr. Knox W. Askins City Attorney 281-471-1886 STATE OF TEXAS { { { { { (RED-LINED DRAFT OF PROPOSED 2001 RENEWAL, REFLECTING CHANGES TO 1994 IDA AGREEMENT) NO. 9-3-00-IDA- 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 , a 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: Red-Lined Draft: September 20, 1999 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 annex~d 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 un annexed 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 property in the annexed portion, for ad valorem tax purposes. 2 III. A. On or before April 15, ~2001, 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, ~2010, 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"); provided. however. pollution' control equipment installed on the Land pursuant to a mandate of the Texas Natural Resources Conservation commission is exempt from ad valorem taxation and" in lieu of taxes" hereunder. 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, ~2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31 i ~2010, Company shal,l 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 persona I property in the unannexed area equal to the sum of: 1. (a) Fifty percent (50~) of the amount of ad valorem taxe3 which would be payable to City if all of the Company' 3 Land and improvement3 which exi3ted on January 1, 1994, January 1, 1995, and January 1, 199G, had been ~ithin the corporate limit3 of City and appraiaed each year by CitY'3 independent apprai3er; and -f'l* 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, ~2001, January 1, 1990, January 1, 1999, and January 1, 2000, and each Januarv 1 thereafter durinq the term of this Aqreement, had been within the corporate limits of 3 City and appraised each year by 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, -i-9-9-3-2000, 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, -i-9-9-3-2000; or ii. a cumula,ti ve 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, ~2000, an amount equal to the amount of the depreciation will be removed from this calculation to restore the value to the January 1, -i-9-9-3-2000, value; and 3. (a) Fifty percent (50\) of the amount of ad valorem taxe3 yhich yould be payable to city on all of the Company's tangible per30nal property of every description, including, yithout limitation, , . ~ '''I "~ '~ 1nven~ory, 01., gas, and m1neral 1ntere3~3, 1~ems of leased equipment, railroad3, pipelineo, 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, 199C, had been within the corporate limits of City and appraised each year by the City'a independent appraiser; -fbt Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items 4 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, ~2001, 3anuary 1, 1998, 3anuary 1, 1999 , and 3anuary 1, 2000, and each January 1 thereafter during the term of this Agreement, 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. ~ Anythinq to the contrary in Paraqraph III D herein notwithstandinq. Company aqrees to render to city and pay an amount "in lieu of taxes" on Company's Land. improvements and tanqible personal property in the unannexed area equal to the minimum sum of: ~ When the calculation under Paragraph III D 1 results in a net rate of less than .37 per hundred dollar valuation. .the amount of "in lieu of taxes" shall be re-calculated to result in a net rate of .37 per hundred dollar valuation. 2. When the calculation under Paraqraph III D 2 results in a net rate of less than .21 per hundred dollar valuation. the amount of "in lieu of taxes" shall be re-calculated to result in a net rate of .21 per hundred dollar valuation. 3. When the calculation under Paraqraph III D 3 results in a net rate of less than .37 per hundred dollar valuation. the amount of "in lieu of taxes" shall be re-calculated to result in a net rate of .37 per hundred dollar valuation. 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, ~2001, and continuing thereafter until December 31, ~2010, 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, ~2010, 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. 5 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 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 controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. 6 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 proper~y. 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 of the difference between the parties as to the fair market value of Company's property for calculation of the II 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 (Chapter 171. "General Arbitration". Texas civil Practice and Remedies Code). (ArticlcD 224 238, Vernon's Annotatcd Rcvised civil ctatutc3 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. 7 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 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. 9?fti.s. raragraph shall not apply to any Court ordercd cxtcnsion of the tcrm of the Agrccmcnt ordered in Couthern Ionics, Inc. vs City of La rorte, civil Action II 09 39C9, united ctatcs District Court, Couthcrn District of Texas. X. The parties agree that tnis 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. 8 ENTERED INTO effective the 1st day of January, ~2001. ATTEST: City Secretary APPROVED: Knox W. Askins city Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 By: By: (COMPANY) By: Name: Title: Address: CITY OF LA PORTE Norman L. Malone Mayor Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 9 "EXHIBIT A" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND (Metes and Bounds Description of Land) 10 "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 railioads, and also showing areas of the Land previously annexed by the City of La Porte.) 11 CURRENT NAME Rexene .- -- PREVIOUS NAME & DATE I- \. .1 I I I, '. . ORDINANCE NO. 93-IDA-37 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH REXENE CORPORATION, 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. REXENE CORPORATION 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 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. 93-IDA-37 PAGE 2 section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 10th day of January, 1994. CITY OF LA PORTE By: ~~~ /N rman L. Mal e, Mayor ATTEST: ~ f-~~ Sue Lenes, city Secretary A~~~ Knox W. Askins, , City Attorney e e CITY OF LA PORTE PHONE (713) 471-5020 0 P. O. Box 1 1 15 0 LA PORTE. TEXAS 77572 January 11, 1994 Rexene Attn: Mr. Neil Devroy 5005 LBJ Freeway Dallas, TX 75244 Re: city of La Porte Industrial District Agreement, Effective January 1, 1994. Dear Mr. Devroy: 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 yourtirm, please do not hesitate to call. Yours very truly, CITY OF LA PORTE By: CXJ..~ \. ~ Robert T. Herrera City Manager RTH: sw Enclosures .. . e e 93-IDA- 31 { \ NO. { STATE OF TEXAS { { 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 Rexene Corporation , a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted.by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B"~ which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: Revised: October 22, 1993 e e I. city covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this. Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement.. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such 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 2 e e property in the annexed portion, for ad valor~m 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 II ), 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 II 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 3 e e 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 4 e e of leased equipment; . railroads, pipelines,\ and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1,'2000, had been within the corporate limits of City and appraised each year by the city's independent appraiser. wi th the sum of 1, 2 and 3 reduced by the amount of city's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 1994, and continuing thereafter until December 31, 2000, unless extended for an additional period or periods of time upon mutual consent. of Company and 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 5 e e 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 6 - e of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision 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 taxe~. VIII. This Agreement shall inure to the benefit of and be binding upon ci ty and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give city written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. This Paragraph shall not apply to any Court ordered extension of the term of the Agreement ordered in Southern Ionics, Inc. vs city of La Porte, civil Action H-89-3969, United states District Court, Southern District of Texas. 7 e e \. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article o~ 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: me: Jonathan-R. Wheeler itle: Sr.-Vice President Address: 5005 LBJ Freeway Dallas, TX 75244 .}ft- ATTEST: ~ .~ Clty Secretary / ~ ' APPROVED :& Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 ~F LA PORTE By: ~~~ man L. Malone Mayor By: G<~~ \, ~ 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 8 e -._~_..- n~"1: e 5005 LBJ FREEWA yo OCCIDENTAL TOWER 0 DALLAS. TEXAS 75244 RECEIVEQ DEe 2"7 1993 CI fY MANAGERS OFFICE December 20, 1993 Mr. Robert T. Herrera City Manager City of LaPorte P.O. Box 1115 LaPorte, TX 77572 Dear Mr. Herrera: Enclosed are two executed originals. Please return one original to me for our files. Yours Neil Dire or, communic ions & Public Affairs Attachments :m . e CRTY OF LA PORTE PHONE (713) 471-5020 0 P. O. Box I I 15 0 LA PORTE. TEXAS 77572 / ' ./ f' / \ ~ - / " October 22, 1993 ;:<:, (~~~ l~ ~ "I ~ n ;e ..~."~ ::.~ ,,~.;: r~~.~., .fi''i"#.:' Rexene Attn: Jim Fisher 5005 LBJ Freeway Dallas, TX 75244 OCT 26 RECt) If';'. #r""~ ~I":rJ ~~ I5""T;' M{ ~V~~ .\9 - Gentlemen: The City of La Porte and the committee representing industry have reached final agreement on a form of industrial district agreement for the seven year term commencing January 1, 1994. Copies of the agreement are attached to this letter. Please discard the agreements which were mailed to you by the city on October 14, 1993. The final revision of the industrial district agreement contains the following amendments: 1. Paragraph I is amended by deleting from the next to the last line, the phrase "located within the corporate limits of the city and". 2. The second line of Paragraph IIIA is amended by changing the word "exemption" to the word "extension". 3. Paragraphs IIID3 (a) and (b) are amended by inserting the word "Company's", before the words "tangible personal property". We again request that your Company mail or deliver to the city as soon as possible, and no later than Friday, October 29, 1993, the enclosed Letter of Intent to enter into an industrial district agreement with the city. Conversely, if your company does not desire to enter into the proposed agreement, we likewise request a letter from your company to that effect, by Friday, October 29, 1993. The city of La Porte then must complete annexation proceedings prior to December 31, 1993, to annex the property of any company which does not desire to enter into the enclosed proposed industrial district agreement. e . October 22, 1993 Page 2 Further, the City must reserve the right to withdraw its offer to your company, if necessary to accommodate annexation procedures of other land in the industrial district, if one or more companies elect not to enter into the City's offered agreement. Yours very truly, CITY OF LA PORTE By: G<~ T. ~ Robert T. Herrera City Manager RTH:sw Enclosures cc: Hon. Mayor & City Council City of La Porte City Hall P.O. Box 1115 La Porte, TX 77572 Mr. Knox W. Askins City Attorney city of La Porte P.O. Box 1218 La Porte, TX 77572 4 ~ ,- . ORDINANCE NO. 2000-).1-D(, ., / AN ORDINANCE AUTHORIZING TAX ROLL ASSESSMENT CORRECTIONS; AUTHORIZING A REFUND TO THE TAXPAYER; APPROPRIATING FUNDS FOR THE REFUND; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;,' AIm PROVIDING AN EFFECTIVE DATE HEREOF.! , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA POR~E: section 1. Certain real properties owned by the Huntsman Polymers Corporation, formerly Rexene Corporation, and situated in . the City'S Bayport Industrial District, were over assessed for tax years 1997, 1998, and 1999, as shown on a spread sheet attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. The over assessment resulted in an overpayment to the City of La Porte of $41,329.66. The taxpayer has requested refund of said overpayment. Section. 2. City Council appropriates the sum of $41,329.66, which shall be paid to Huntsman Polymers Corporation, formerly Rexene Corporation, as a refund of said overpayment. 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, Chapter 551, Texas Government Code; 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. .. . . ~ - . a ooo-a..'-fo(P Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 9th day of May, 2000. CITY OF LA PORTE By: )J/MA/.A~ Norman L: Malone Mayor ATTEST: 1!Jli~d, () J4diJJt Ma h A. Gillett city Secretary /,/ d/ APPRO '1_ /// - / //'/ ( e~~4)/'-a . a~~-r0Z. Knox W. Askins city Attorney -2- 'cr ...' I It e . City of La Porte Accounts Payable Check Requisition Vendor #: I Due Date: May 10. 2000 Vendor Name: Huntsman Polymers Corporation 0/0 Jeffrey L Morrison 3040 Post Oak Boulevard Houston, TX 77056 You are reQuired to attach receipts with all check reQuisitions. Description: Lowered Land Value for 1997, 1998 & 1999 Account # Project # Invoice # Commodity Date Amount $$ Code 00100004040100 93-IDA-37/1997 9990999 5-10-00 13776.56 00100004040100 93-IDA-37/1998 9990999 5-10-00 13776.55 00100004040100 93-IDA-37/1999 9990999 5-10-00 13776.55 Total Amount Due: $ 41329.66 Remarks: Prepared By: Kathy Powell Approved By: Date: 5-10-00 Michael Dolby Date: May 10 2000 Revised 8/15/97 't~ }, e e City of La Porte Established 1892 April 24, 2000 Mr. Jeffrey L. Morrison Director - Excise and Ad Valorem Taxes Huntsman Polymers Corporation .'-'"3040 "Post Oak Boulevard Houston, TX 77056 Dear Mr. Morrison: This will acknowledge receipt of your letter of April 7, 2000, together with your firm's request for refund of overpayments to the City of La Porte, under an Industrial District Agreement with your predecessor company, Rexene corporation. Your letter was referred to Mr. Hugh L. Landrum, Sr., the City's valuation engineer, who has subsequently met with you to review this matter. As a result of that meeting, it is my understanding that agreement was reached between you and Mr. Landrum, and Mr. Landrum has recommended that the ci ty of La Porte refund to Huntsman polymers Corporation, formerly Rexene Corporation, the sum of $41,329.66, based on the calculations on the spread sheet attached to this letter. In addition, it was agreed that Huntsman Polymers corporation will correct its rendition for tax year 2000, to show the correct acreage in the city of La Porte's Bayport Industrial District. We would also wish to point out that Exhibit "A" to your current Industrial District Agreement describes the entire approximately 360 acre tract owned by Huntsman (Rexene). When you provide Exhibit "A" for the new Industrial District Agreement, please see that it reflects only the acreage within La Porte's jurisdiction. If this letter accurately states your understanding of the agreement between Huntsman polymers Corporation, fDrmerly Rexene corporation, and the city of La Porte, please note your firm's agreement by signing and returning to me the copy of this letter, retaining the original as your copy of the agreement. I will then place this matter on the City Council agenda of May 9, 2000, for Council approval of the refund payment to your firm. P.O.'BoxllI5. La Porte, Texas 77572-l115 · (713)471-5020 -d, J' e e Huntsman Polymers corporation April 24, 2000 Page 2 Thank you for your cooperation in this matter. Yours very truly, CITY OF LA PORTE Q~T.~ By: Robert T. Herrera city Manager ACCEPTED AND AGREED: HUNTSMAN POLYMERS CORPORATION By: ,. . Morrison Ad Valorem Taxes RTH: sw Attachment cc: Mr. John Joerns Assistant city Manager City of La Porte City Hall La Porte, Texas Ms. CYnthia Alexander Director of Finance City of La Porte City Hall La Porte, Texas Mr. Hugh L. Landrum, Sr. Valuation Engineer Hugh L. Landrum & Associates, Inc. 12000 Aerospace Avenue, suite 106 Houston, TX 77034-5567 Mr. Knox W. Askins City Attorney P.O. Box 1218 La Porte, T~ 77572 .1 i , , .. , e e Assessment Date 1/1/94 1/1/95 1/1/96 . 1/1/97 1/1198 111/99 City of La Porte's Value $4,529,390 $4,529,390 $4,529,390 $4,529,390 $4,529,390 $4,529,390 T etal Acres 199.59 199.59 199.59 199.59 199.59 199.59 Assessed Value Per Acre $22,693 $22,693 $22,693 $22,693 $22,693 $22,693 Total Acres in La Porte 199.59 199.59 199.59 199.59 199.59 199.59 Total Value in La Porte $4,529,390 $4,529,390 $4,529,390 $4,529,390 $4,529,390 $4,529.390 Annexed Value $223,020 $223,020 $223,020 $223,020 $223,020 $223,020 % Taxable per Agreement 100% 100% 100% 100% 100% 100% Taxable Value in La Porte Industrial District $4,306,370 $4,306,370 $4,306,370 $4,306,370 $4,306,370 $4,306,370 Tax Rate $0.71 $0.71 $0.71 $0.71 $0.71 $0.71 Total In-lieu Tax $30,575.23 $30.575.23 $30,575.23 $30,575.23 $30,575.23 $30,575.23 Total Tax on Annexed $1,583.44 $1 ,583.44 $1,583.44 $1,583.44 $1,583.44 $1,583.44 Total Tax Due $32,158.67 $32,158.67 $32,158.67 $32,158.67 $32,158.67 $32,158.67 Total Tax Paid $32,158.67 $32,158.67 $32,158.67 $45.935.22 $45,935.22 $45,935.22 TotalOverplllyments $0.00 $0.00 $0.00 $13,776.55 $13,776.55 $13,776.55 $41,329.66 HUNTSMAN ~'ic.o.s~ - .o."'~ tb c..~ Sc~, -~ "\0 \C.~ ~~...,~( _ I' ,\ C. ~~c;.. ,... , _ 'fa ~oc:.t"Y~ ~ ...... r-",\ ~ ~~ C)_I-Ob ." .; . ".. e CERTIFIED MAIL - Return Receipt Requested No. Z 497 787 930 April2B,2000 Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1.115 La Porte, Texas 77572-1115 Re: Huntsman Polymers Corporation (formerly Rexene Corporation) Industrial District Agreement - City of La Porte Dear Mr. Herrera: Enclosed is the signed copy of the agreement between Huntsman Polymers Corporation (fonnerly Rexene Corporation) and the City of La Porte regarding the refund of overpayments of industrial district payments in the amount of $41,329.66. It is Huntsman's understanding that this matter will be presented to the City Council on May 9, 2000 for approval. Thank you for your cooperation with this matter. Please call me at (713) 235-6971 if you have any questions. Yours truly, A MIlUtbcn- U"ffrey L. Morrison Director - Excise and Ad Valorem Taxes Enclosures :-1 lQ)llE Ii: IE ~ VI IE If\\\ lrli MAY - i 2000 lid) cc: Mr. Kevin Hardman - Huntsman, Salt Lake City Mr, James Napier - Huntsman, Houston CITY MANAGER'S OFfICE HUNTSMAN CORPORATION 3040 Post Oak Boulevard · Houston, Texas 77056 · 713-235-6000 · Fax 713-235-6416 r' l. ~". .. e e &QJ- ~p IrM c!J"Y' #;~ frSI/P. ~ -i'nOU:J!:7 CI y1~ UJ;r~ 5iAfft// ~fV ~ & 0 f)(~;vJ;fl ;11 J)ne QQ,~~ ~\lL ~o(~~ch a - "W""^ tb C..b~ ~~. ., ... ~ '\0 \(.~ ~<l",,-<.\t _ I' I , C. ~~c. ~ . HUNTSMAN ~ c..r~\ '\0 ~oc.~ C;_loOO CERTIFIED MAIL - Return Receipt Requested No. Z 497 787 930 April 28, 2000 Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 La Porte, Texas 77572-1115 Re: Huntsman Polymers Corporation (formerly Rexene Corporation) Industrial District Agreement - City of La Porte Dear Mr. Herrera: Enclosed is the signed copy of the agreement between Huntsman Polymers Corporation (formerly Rexene Corporation) and the City of La Porte regarding the refund of overpayments of industrial district payments in the amount of $41,329.66. It is Huntsman's understanding that this matter will be presented to the City Council on May 9, 2000 for approval. Thank you for your cooperation with this matter. Please call me at (713) 235-6971 if you have any questions. Yours truly, AM~cn-- Uttrey L. Morrison Director - Excise and Ad Valorem Taxes Enclosures caTY MANAGER'S OFFICE 10)1 ~ ~ ~~ . ~ lE lfU MAY - 1 2000 cc: Mr. Kevin Hardman - Huntsman, Salt Lake City Mr. James Napier - Huntsman, Houston HUNTSMAN CORPORATION 3040 Post Oak Boulevard. Houston, Texas 77056. 713-235-6000. Fax 713-235-6416 \ e e Cite)' o~ 1Leal POILtee Established 1892 April 24, 2000 Mr. Jeffrey L. Morrison Director - Excise and Ad Valorem Taxes Huntsman Polymers Corporation "3040'Post Oak Boulevard Houston, TX 77056 Dear Mr. Morrison: This will acknowledge receipt of your letter of April 7, 2000, together with your firm's request for refund of overpayments to the city of La Porte, under an Industrial District Agreement with your predecessor company, Rexene Corporation. Your letter was referred to Mr. Hugh L. Landrum, Sr., the City's valuation engineer, who has subsequently met with you to review this matter. As a result of that meeting, it is my understanding that agreement was reached between you and Mr. Landrum, and Mr. Landrum has recommended that the City of La Porte refund to Huntsman polymers corporation, formerly Rexene corporation, the sum of $41,329.66, based on the calculations on the spread sheet attached to this letter. In addition, it was agreed that Huntsman polymers corporation will correct its rendition for tax year 2000, to show the correct acreage in the City of La Porte's Bayport Industrial District. We would also wish to point out that Exhibit "A" to your current Industrial District Agreement describes the entire approximately 360 acre tract owned by Huntsman (Rexene). When you provide Exhibit "A" for the new Industrial District Agreement, please see that it reflects only the acreage within La Porte's jurisdiction. If this letter accurately states your understanding of the agreement between Huntsman polymers Corporation, f.ormerly Rexene corporation, and the city of La Porte, please note your firm's agreement by signing and returning to me the copy of this letter, retaining the original as your copy of the agreement. I will then place this matter on the City Council agenda of May 9, 2900, for council approval of the refund payment to your firm. P.O. Box 1115 0 La Porte, Texas 77572-1115 0 (713) 471-5020 e e Huntsman Polymers Corporation April 24, 2000 Page 2 Thank you for your cooperation in this matter. Yours very truly, CITY OF LA PORTE Q~T.~ By: Robert T. Herrera city Manager ACCEPTED AND AGREED: HUNTSMAN POLYMERS CORPORATION By: Ad Valorem Taxes RTH:sw Attachment cc: Mr. John Joerns Assistant city Manager City of La Porte city Hall La Porte, Texas Ms. Cynthia Alexander Director of Finance City of La Porte City Hall La Porte, Texas Mr. Hugh L. Landrum, Sr. Valuation Engineer Hugh L. Landrum & Associates, Inc. 12000 Aerospace Avenue, suite 106 Houston, TX 77034-5567 Mr. Knox W. Askins City Attorney P.O. Box 1218 La Porte, TX 77572 e e Assessment Date 1/1/94 1/1/95 1/1/96 1/1/97 1/1/98 1/1/99 City of La Porte's Value $4.529,390 $4,529.390 $4,529,390 $4,529,390 $4,529,390 $4,529.390 Total Acres 199.59 199.59 199.59 199.59 199.59 199.59 Assessed Value Per Acre $22,693 $22,693 $22,693 $22,693 $22,693 $22,693 Total Acres in La Porte 199.59 199.59 199.59 199.59 199.59 199.59 Total Value in La Porte $4,529,390 $4,529.390 $4,529,390 $4,529,390 $4,529,390 $4.529,390 Annexed Value $223.020 $223,020 $223,020 $223,020 $223,020 $223.020 % Taxable per Agreement 100% 100% 100% 100% 100% 100% Taxable Value in La Porte Industrial District $4,306,370 $4,306,370 $4,306,370 $4,306,370 $4.306,370 $4,306.370 T ax Rate $0.71 $0.71 $0.71 $0.71 $0.71 $0.71 Total In-Lieu Tax $30,575.23 $30,575.23 $30,575.23 $30,575.23 $30,575.23 $30.575.23 Total Tax on Annexed $1.583.44 $1,583.44 $1,583.44 $1,583.44 $1.583.44 $1.583.44 Total Tax Due $32,158.67 $32.158.67 $32,158.67 $32,158.67 $32,158.67 $32,158.67 Total Tax Paid $32,1_58.67 $32,158.67 $32,158.67 $45,935.22 $45,935.22 $45,935.22 TotalOverp<;lyments $0.00 $0.00 $0.00 $13,776.55 $13.776.55 $13,776.55 $41,329.66 - - .~ ~ ~ ~ c..--'''r~ ~~ <9i~': """"" '\,. - G.F. 74936 '-:: H C,~GO TITLE co , " '" .... " 4.- ., --; ';.. ~~v-;.' t ;- t_ ~* ~. .... ... " . ~ ~ 717) I /'J.t ~ A cORTION ()F THe: SU3JECT SITE IS LOCA:ED WITrllN THE 100 YEAR SPECIAL FLOOD HL\ZAf~O AREA ACCORDING TO r HE MUST RECE~T OFFICIAL ;NSURANCE RATE MAP DATED 9'28-1990,COMMUNITY PAN~.L ~OS.480287HC'. 480';('.7 P,":'85487 L?, PANEL ~OS, 335G a 340G, PROMLJL.G':" TED BY THE AaMIN IS :RATOR OF THE DEPA.RTt~ENT OF ht.'US tNG AND uPBAN DEVELOPMENT OF TI-:E U!\ \TED STL.T~S. ZONE At I ZONE X (OTHER FLOOD l\REAS), ZONE. x (OT~ER AR([\S) DAfl:: GEORGE WILLIAM 3 o B 88 A AND Me KINSTRY SU R VEY HARRIS COUNTY, TEXAS OUT OF JONES SUR VEY SCALE = 200 JOB NO A A 45 47 ,I " 482 EXECUTED THIS REISSUED 10TH DAY OF KARCH MAR C H 27 992 988 PREJEAN survey lng 3-+7 REX' t. IV c.- LAND COMPANY, NC mapping / 676 A C T PRUDL/CIS LE 6 SURVEY 9324 WESTVIEW HOUSTON, TEXAS 713 467 9560AC C,i.:;/1;/P,a IV r OR 77055 6277 NO-rES. I. BEARINGS SHOWN SASEI.) ON SO~Jl H LINE OF TR.\ B2 TO BE S S8003' 59'W. 2. DiSTANCES IN PARENTHESIS ARE DEED DIS'TANCES, 3. FOR COMPLETE LISTING uF EASEMENTS AN D RESTRICTIONS AFFECTIN'; SUBJECT SITE sc:e: GF. NO. 17493/5 SHEET OF 2 8 REVISED 4 '''' '?~. ,.., 88 ~. .'" ,;.;.,. ~G'~. . ~.. '"'-'.,:-';>. \~ " I ~,-.,;-~_-;..o~ I:.. - ..... :.,~ -:-:. :-~..: . ~..... tt ~ . 4l-~ 1 < j.. " ~ ~...~....... ~ i '-,. ';1:' ,. ~.... 0 I f I ~ , " ...- j~ - ~" . ". .... \'- ~:t~~< ~~l' - .to , " ~'" '. N, -i '-1 "-l ~ .~ ' -~.; J ...,.... r::~ ~ "."'." { ......... ~~i ~....~~:-~ :(~.~-:~~ "'':;}.i: !.~."... . - '.....~r: f~.:'....: ... ~ ,;~~ - l"'~ ~;::;;~~~ llM.~ ;.... ~ tt;'~ ..~ .' !"'!" o. . ~..,. - ~ , . ~~~;J ~ ~ l:-t .. .." ':',. i~ . ~:~-; ...1lI',"\ ~~':.-:i. _:..'I!'.-A ~ ~'.~ ~~~ .):7~ '* ' r;~ ,t~:=; :~~ ._~. . ., r. .~ ;~~ . ~, ~ ;\ #{.:.~.. "u ,"'-"..;; , . ,.t: ...:: 'x;; 'C I ~ \ ~. , r - ~ .. ..~-~ - . A DR ., .. ..' 5 ? ;~ t" ,.- ~ "" f , . "" ~ ... ~ ~ ~~~ .~ " : ..., .5 7. '" '.. 4 ........' ~~, ~ Tl4f UNOCRSIGNED HEREBY CERTlF"lES UNTO RHENE PROOllCTS COM P A ~ 'Y . CITl8ANK. N.A.. AS AGEHT AND INDIVIDUAlLY. CHICAGO TIl1.E COMPANY. AND THAT (A) nus SURVEY DRAWING IS BASED UPON Alii OM-THE-GROUHD SURVEY MADE BY THE UfiD(RSIGNED ON MAFl~ 27 . 1992 . AND AS TO AAffiRS Ot RECORD. RELIES UPON THE CO/'91ITMEHT FOR nTl.E INSURANCE MO. 174~3 EO (THE .TITlE CO/'91I~NT.') DATED EFFECTIV( AS Of" to'!&.RCH 10, 19~~ . ISSUED BY CIiICAGO TITU GUARANTY ~ANY COVERING. IN PART. THE REAl PROPERTY (.PR01ISES.) OCSCRIBEO ON THIS DRAWING; (8) THIS SURVEY IS OVERLAYING A BLUE-PRINT COpy OF AN AERIAl PHOTOGRAPH Of THE PRD1ISES TAKEN ON FEBRUARY 12. 1988; (C) THIS SURVEY CORRECTl.Y SHOWS (i) TH( LOCATION CF All BUILDINGS. STRUCTURES ,fJ(D OTHER IMPROVEMENTS SITUATED ON OR WITHIN THE PR.EJ1ISES. (ii) THE FACTS FOUND BY THE UNOCRSICMED AT THE TIP*: CF SAID ON-THE-GROUND SURVEY ANO (1 i;) THE COURSES ANO I"IEASURED DISTANCES CF THE PERlMETtR BOUNDARIES a= mE PRfJ4ISES; (0) THE AREA CF THE PROHSES SHOWlC HEREON IS ACCURATE TO THE Mf.AAEST 1/10.DOOTH CF AI( ACRE AND TliERE:: ARE NO DISCREPANCIES. CONF1. ICTS ~ SHORTAG(S 1M AAD. ~ BOUNDARY LINES; (E) 11(( FIELD NOTES ATTACHED TO THIS SURVEY AAf. rRUE MO CORRECT; (F) EXCEPT AS S~ ON THE SURV(Y DRAWING. THERE:: ARE NO (i l VISIBLE ENCROACHP'EKTS ON ,fJ(Y ADJOINING PROPERTY. EASD'EKTS. S1R.fITS OR AlLEYS BY ANT OF THE BUILDING STRUCTURES OR OTHER I/'lPROv&EKTS. OR (11) VISIBLE ENCROACHM::MTS ON mE PR~ISES BY BUILDING STRUCTURES OR OTIlER I/'lPROVD'ENTS SITUATED ON ADJOINING PROPERTIES; (G) ALL STREETS ABUTIIHG THE PREMISES AND ALL I'EANS Of INGRESS AND [GRESS FOR SAID ?R01ISES ARE OCDICAITD PUBLIC RIGHTS4-WAY; ANO (Hl THIS PROFESSIONAL SERVICE COKFORMS iO THE CURREMT TEXAS SURVEYOR'S ASSOCIATION'S STANDARDS AND SPECIFICATIONS FOR A CATEGORY LA. CONDITION II LAHO TITl.E SURVEY. .. ". '.. ", "!; ... ~~_\ 10'-:' l '" . .~ . .., . _' '::::L; 1(....'..:.: ~ 4; , .. .' ~~( f . .J ()7fT. 03 , ~./~4.52 ... ....::... , ....4'. t '\ .y. t. C". r"1 'D '. ,lty- ,ell L,cl .i 'orte j t::.; Ldi 11 i'; /; l c.! i ,) \) .} September 29, 1994 Rexene Attention: Mr. Jim Fisher 5005 LBJ Freeway Dallas, TX 77572-1645 Re: Industrial District Agreement (IDA) Exhibit "B" Dear: Mr. Fisher: The City has received from your firm fully executed Industrial District Agreements. However, Exhibit "B" is still outstanding. As indicated in our previous request, Exhibit "B" is new to the Industrial District Agreements, In the past, the City has not had a complete and cohesive map of the extraterritorial jurisdiction (ET J) with participants in the Industrial District Agreements delineated. It is our intent to use this exhibit as a base for developing such a map. We also feel that these exhibits will assist in monitoring the faithful performance of the Industrial District Agreements as well as aiding long-range planning activities and in some instances responding to emergency situations within the ET J. Please forward Exhibit "B" at your earliest convenience. If your firm cannot provide Exhibit "B" as detailed in the IDA, we would entertain a site survey on some similar plat or drawing that delineates the property covered by the IDA. If no such documents are available please notify so other arrangements can be made. Thank you for your assistance. Sincere~, ~ Assistant City Manager JJ/jm ~\ !'.c""\.!~"\ IIIl · L_.i!',"T\'.T'."'.l'--~-_' ,;.~ · :'; :::.}~~,,-:~)'{C~,Y~'~~~.if,i~:~!~;~ ; . ~, . "'.' ~. ,'" "".' ". .;t.. . .~. ,"'.", ~~ ' :.,o"'~'''>,._ ~~. t'r-.,.:;.'}'~"",~ .: ~ .. ~~1;:' :~t\-~ .p." ! 4 ~~ ..- ~"'~ 'l~:q;C}.'!:"" " /. .' ,,- ~7"'." ~7;< ~:;:7)i:: ~~. <:i!~{~~~ I ' -"'"'~' ''''. :. ;,,"~;' ..z' ?-- ,"~: : I I~~:;";\< ,1" :':;";~'~l:'.;:~~~~~~~~~L' rl*"" . ,'l," . ;'. ~'\~~\',I ',;1 !~;;{i!;}~~ :;.:!~>/p)r~i;l:~;~ii~ S~ :. ,". I.,."~ ~, ~'" ,,~. '-, ..~.... {,. -':t~: :;>'.$-:.S' .';...~:;,\ , .. ". '~..i' ~ ';-~" '. '1;;",-..;,", -:nt,. ~"tfT ""'a~;~""..;. )' 'I 't'." .r-~ ',~ ... M''Iol ~~;.... .........c....!<.i..~i......~'0 ;..._tJ~~~~=t.~)i'f~~~J("~.~~';.,' ";l r " ..1.< "1 ''t, f~f' ~ ..J-:.....>r.~~-;,;;~.~!j;!t' ,~~ ..,...... e .. CITY OF LA PORTE PHONE (713) 471.5020 . P. O. Box 1115 . _ LA PORTE. TEXAS 77571 January 27, 1994 Rexene Attn: Neil Devroy 5005 LBJ Freeway Dallas, TX 75244 RE: Industrial District Agreement (IDA) Exhibits Dear Mr, Devroy: A fully executed Industrial District Agreement together with the approval ordinance are enclosed, While reviewing the documents, we found that Exhibit II B II had not been furnished, To complete our documents please forward Exhibit II B. II Exhibit II B II is new to the Industrial District Agreements, In the past, the City has not had a complete and cohesive map of the extraterritorial jurisdiction (ETJ) with participants in the Industrial District Agreements delineated, It is our intent to use this exhibit as a base for developing such a map, We also feel that these exhibits will assist in monitoring the faithful performance of the Industrial District Agreements as well as aiding long-range planning activities and in some instances responding to emergency situations within the ETJ, If you do not have this information, cannot readily develop it, or need to discuss this request, please contact my Assistant City Manager John Joerns, Thank you for your assistance in completing these documents. Sincerely, Q~ \. ~~ Robert T, Herrera City Manager RTHjcjb Enclosures cc Jeff Litchfield, Finance Director IDA File #93-IDA-37 '. - e ~<<~ ASKINS & ARMSTRONG, P. C. ATTORNEYS AT LAW 702 W. FAIRMONT PARKWAY P.O. BOX 1216 LA PORTE, TEXAS 77572-1218 KNOX W. ASKINS ..JOHN D. ARMSTRONG TELEPHONE 713 471-1666 TELECOPIER 713 471-2047 J. evroy ducts Company Freeway, suite TX 75224 ~l:CE;IVE;O Dee 2 1993 (;6 fr MAN. OFFcd:G€R$ December 1, 1993 Mr. Neil Rexene P 5005 Dal 500 / AND VIA FAX NO. (214) 450-9197 Re: City of La Porte Industrial District Agreement Dear Mr. Devroy: I am furnishing this letter to you at the request of Mr. B. Kelley Parker, III, of Cushman & Wakefield of Texas, Inc., concerning the City of La Porte's proposed industrial district agreement renewal with your firm. Rexene's property was developed by Friendswood Development Company, and is situated in the Bayport Industrial District. Rexene' s property is undeveloped land. Rexene is now attempting to market the land to various third parties. The restrictions of Bayport Industrial District, of which the subject property is a part, provide that Coastal Water Authority has jurisdiction to provide water, and Gulf Coast Waste Disposal Authority has jurisdiction to provide waste water treatment. Rexene inquired whether the City of La Porte could furnish potable domestic water and domestic waste water treatment, to the subject property. The City of La Porte purchases its potable domestic water from the City of Houston's Southeast Water Treatment Plant. The City of La Porte has a limited percentage interest in this plant, and the plant itself has never produced at 100% of its rated capacity. Therefore, the City of La Porte has limited potable water resources. The City of La Porte does not sell potable water and domestic waste water treatment services, for industrial process purposes, but only for domestic purposes. The City of La Porte would be open to discussing with Rexene and .its prospective purchasers, a contractual arrangement, without the necessity of annexation, for the provision of potable domestic water and domestic waste water treatment services, to the subject .. - AS~S & ARMSTRONG. P. c. ,. ATTORNEYS AT LAW Mr. Neil J. Devroy December 1, 1993 Page 2 property. As stated, the provision of these services would be subject to availability of water, and would contain maximum daily and monthly limitations on water usage. Allowed usage would be strictly domestic purposes, such as drinking water, water for sanitation purposes, and treatment of such water, to offices, and office-warehouse type facilities. Rexene or its customers would have to obtain waivers from CWA and Gulf Coast Waste Disposal Authority, as to their franchise rights on the subject property prior to the city of La Porte providing services. In addition, extension of water and sewer mains to the subject property would be at the expense of the property owner. I trust this letter furnishes the information which you If I can be of any further assistance, please advise. KWA:sw cc: Mr. B. Kelley Parker, III Cushman & Wakefield of Texas, Inc. 1300 Post Oak Blvd., suite 1300 Houston, TX 77056 M~ Robert T. Herrera e,.City Manager City of La Porte Mr. John Joerns Assistant city Manager City of La Porte ..-.-. .. .".:..........-..~....... - 'C' . ....._..,.._-,.......,...,,_. ..,_...... '.- . . . . . . . . . . . '. . .' . - . . .._....~... :,..., '~"', "~.....h-.;.:..:....,_. :.".__...,..~.. __....._..:..._.~.!._~. .~": ," '. :",-:-"" ,"-'~7' ~.,,~,-_.~.~........'., "-,'- ...........-.....~. .-' .. . .--...- , ...." ......r..~...-<:.....,-._.-:'_._ . .~.....~ . ." ,.:-.~._-;....... ::. ._...,,-~- .-, -, . .,--- . \-. Industrial District Agreements Each company's packet should contain the following: ~ c-/ A letter offering the agreement and certified copy of ordinance A letter requesting action V Agreement - signed by company. Mayor. R TH. Sue. Knox ./ .~ Exhibit II A II L,/ / Exhibit II B II - some will not have this item since we kept the only one that was sent 12 -\; k,'I''-i--- Ii... s ...... Ll .~ I T-/ _ -c.G .<3 _ '0 . '- . - .-....- .~..._...--~.....-.....=...:. ._......_''".,;,;,.:.;;.::,.2.:.:.:.:.;..'>;.=.:::-..~~ .:::":':t:::.::'..:>'.::'..::~ :::.....~:,~,:~_-- :,~~.,,_. - _.: .:...;.....h_ :""_" _0.'." . '.__ _ ~'..:;"(..-:-~' -;-. '1": 7':... :: '";'.~ ';" -:-;''''":":'. ';-:-. '!'7'''.~'''''''-''' ..- _.~:.-~ '-':'.":...~-,,"""~.r.--::~_~..~. o".~~"'''''''''''~''':_''!:::l::''~':"''~~~'o;...I,. ,:.-~ ~;1.'-_'''':'~:'''''''' ~.~..,..... ~~._~...:.:~;.v.-_"'~""';""~~""".""_"'.'~"';;":"~~""~''.:::.'''''''''' ~_~..-..........",: ~".'~'''.':"''~'.:-''''~''''.'._'''''''"'''''''"",'' ....-'; :'. ......_. '. " ... .:;~:::~:~.."~._':.,. ;._~...~:'--'__:~,.__i,~":' . . '. . ..; - ::. ...: ..::,:,:,:,,:--'::'-::~:. .:':: ,:--,. ~:..>~. - ,.' .,. . . .~.~,... . .....:. ..,.~~,.,:. .' . - . . ~ ." . ....... ._~ . -- .~.. ..~ .. ...;'. .... ..'...:..~--... ::..:;.:..;::.. '. . . - '..- -.. . .. ~....~ . ~ '..~'; . . ,., 'r.. .__..... ......... ~, . .._ . .. ..... __ . _. ~._._. ....... . . "EXHIBIT A" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND . REXENE CORPORATION TRACT 3 METES AND BOUNDS DESCRIPTION 16.9560 ACRES OUT OF THE GEORGE B. MCKINSTRY SURVEY, A-47 HARRIS COUNTY, TEXAS All that certain 16.9560 acres of land out of the George B. McKinstry Survey, A-47, Harris County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found 5/8" iron rod marked No. 2764 located in the most westerly line of a 230' Harris County Flood Control District Fee Strip as recorded in Volume 8260, Page 124 Harris County Deed Records at its intersection with the south right-of-way line of Fairmont Parkway (250' wide); Thence S 070 IS' 29" E - 1,125.31' to a found 5/8" iron rod marked No. 2765; Thence S 340 58' 10" E- 1,267.11' to a found 5/8" iron rod marked No. 2766; Then S 340 55' 38" E - 436.38' to a found 5/8" iron rod; Thence S 350 19' 52" E - 130.16' to a found 5/8" iron rod marked No. 2775 marking the northwest corner of that certain Tract 3 as described in a deed dated 3-14-1974 from Friendswood Development Company to Dart Industries, Inc. and El Paso Products Co. filed in the official public records of real property of Harris County, Texas at Clerk File No. E-150575, Film Code No. 103-11-0868 and being the POINT OF BEGINNING of the herein described tract; THENCE S 340 54' 13" E - 330.83', with the west line of said 230' Harris County Flood Control District Fee Strip, to a found 5/8" iron rod marked No. 2776 for corner; THENCE S 020 23' 41" E - 1,426.49', with the east line of said Tract 3, to a found 5/8" iron rod for corner. THENCE S 870 31' 44" W - 717.34', with the south line of said Tract 3, to a found 1" cap in concrete for corner. THENCE N 150 09' 04" E - 1,789.70'., with the west line of said Tract 3, to the POINT OF BEGINNING and containing 16.9560 acres of land, more or less. l 1791. rIs . "EXHIBIT A" - Cont irlueci e TRACT 1B METES AND BOUNDS DESCRIPTION 347.1676 ACRES OUT OF THE WILLIAM A. JONES SURVEY, A-482 AND THE GEORGE B. MCKINSTRY SURVEY, A-47 HOUSTON, HARRIS COUNTY, TEXAS All that certain 347.1676 acres of land out of the William A. Jones Survey, A-482 and the George B. McKinstry Survey, A-47, Harris County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8" iron rod with cap marked No. 2764 located in the most westerly line of a 230' Harris County Flood Control District Fee Strip as recorded in Volume 8260, Page 124 Harris County Deed Records at its intersection with the south right-of-way line of Fairmont Parkway (250' wide); THENCE, S 070 IS' 29" E - 1,125.31', with the west line of said 230' Harris County Flood Control District Fee Strip, to a found 5/8" iron rod with cap marked No. 2765 for angle point; THENCE S 340 58' 10" E - 1,267.11', continuing with the west line of said 230' Harris County Flood Control District Fee Strip, to a found 5/8" iron rod with cap marked No. 2766 for corner; THENCE S 550 01' 27" W - 299.99' to a found 5/8" iron rod for corner; THENCE S 340 56' 41" E - 687.25', with the east line of that certain Tract 1 as described in a deed dated 3-14-1974 from Friendswood Development Company to Dart Industries, Inc. and El Paso Products Co. filed in the Official Public Records of Real Property of Harris County, Texas at Clerk File No. E-150575, Film Code No. 103-11-0868, to a found 5/8" iron rod for corner. THENCE S 15007' 08" W - 1,266.28', continuing with the east line of said Tract 1, to a set 5/8" iron rod with cap for corner; THENCE S 880 03' 07" W - 3,727.54' to a set 5/8" iron rod with cap for corner; THENCE NOlo 56' 03" W - 4,002~28' to a set 5/8" iron rod with cap for point on the south right-of-way line of said Fairmont Parkway; THENCE NOlo 56' 03" W - 103.18' to a point for corner; THENCE N 860 48' 05" E - 3,177.67' to a point for corner; THENCE S 070 15' 29" E - 41.65' to the POINT OF BEGINNING and containing 347.1676 acres of land, more or less. e e "EXHIBIT A-1" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND REXENE City and Company agree that the real property of Company, more particularly described on Exhibit "A" of this Industrial District Agreement, is presently unimproved, and un annexed to City, except for existing "strip" annexations, if any. City and Company further agree that Paragraph II hereof is hereby amended, to provide that during the term of this Industrial District Agreement, and for such period of time that said real property remains unimproved, that City will not annex said property; provided, however, City reserves the right to conduct "strip" annexations as may be required by law in connection with annexation of land other than that owned by Company. Company agrees to render to city and to pay as "in lieu of taxes" on Company's said unimproved land, an amount equal to the sum of 100% of the amount of ad valorem taxes which would be payable to City if all the hereinabove described property of Company had been within the corporate limits of City and appraised each year by City's independent appraiser. The provisions of the preceding paragraph hereof shall remain in full force and effect during the term of this Industrial District Agreement; provided, however, at such time as Company commences improvements to Company's hereinabove described real property, Company shall be entitled to pay an amount "in lieu of taxes" on Company's land, improvements, and tangible personal property on the above described property, in accordance with Paragraph II of this Industrial District Agreement. Except as amended by the terms and provisions of this Exhibit "A- I", the terms and provisions of the Industrial District Agreement, to which this Exhibit "A-I" is attached, shall remain in full force and effect for the term of this Agreement, expiring on December 31, 2000. 9-1 .' . . TRACT 3 METES AND BOUNDS DESCRIPTION 16.9560 ACRES OUT OF THE GEORGE B. MCKINSTRY SURVEY, A-47 HARRIS COUNTY, TEXAS ~ " All that certain 16.9560 acres of land out of the George B. McKinstry Survey, A-47, Harris County, Texas and being more particularly described by metes and bounds as follows: Commencing at a found 5/8" iron rod marked No. 2764 located in the most westerly line of a 230' Harris County Flood Control District Fee Strip as recorded in Volume 8260, Page 124 Harris County Deed Records at its intersection with the south right-of-way line of Fairmont Parkway (250' wide); Thence S 070 IS' 29" E - 1,125.31' to a found 5/8" iron rod marked No. 2765; Thence S 340 58' 10" E - 1,267.11' to a found 5/8" iron rod marked No. 2766; Thence S 340 551 38" E- 436.38' to a found 5/8" iron rod; Thence S 350 19' 52" E - 130.16' to a found 5/8" iron rod marked No. 2775 marking the northwest corner of that certain Tract 3 as described in a deed dated 3-14-1974 from Friendswood Development Company to Dart Industries, Inc. and El Paso Products Co. filed in the official public records of real property of Harris County, Texas at Clerk File No. E-150575, Film Code No. 103-11-0868 and being the POINT OF BEGINNING of the herein described tract; THENCE S 340 54' 13" E - 330.83', with the west line of said 230' Harris County Flood Control District Fee Strip, to a found 5/8" iron rod marked No. 2776 for corner; THENCE S 020 23' 41" E -.1,426.49', with the east line of said Tract 3, to a found 5/8" iron rod for corner; THENCE S 8r 31' 44" W - 717.34 I, wi th the south 1 i ne of sai d Tract 3, to a found I" cap in concrete for corner; THENCE N 150 09' 04" E - 1,789.70', with the west line of said Tract 3, to the POINT OF BEGINNING and containing 16.9560 acres of land, more or less. Compiled by: PREJEAN & COMPANY, INC. surveying/mapping Job #11-1145 March 10, 1988 Reissued January 9, 1990 Reissued March 27~ 1992 .71('0~ TRACT IB METES AND BOUNDS DESCRIPTION 347,1676 ACRES OUT OF THE WILLIAM A. JONES SURVEY, A-482 AND THE GEORGE B. MCKINSTRY SURVEY, A-47 HOUSTON, HARRIS COUNTY, TEXAS [ All that certain 347.1676 acres of land out of the William A, Jones Survey, A-482 and the George B, McKinstry Survey, A-47, Harris County, ,Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8" iron rod with cap marked No. 2764 located in the most westerly line of a 230' Harris County Flood Control District Fee Strip as recorded in Volume 8260, Page 124 Harris County Deed Records at its intersection with the south right-of-way line of Fairmont Parkway (250' wide); THENCE S 070 IS' 29". E - 1,125.31', with the west line of said 230' Harris County Flood Control District Fee Strip, to a found 5/8" iron rod with cap marked No. 2765 for angle point; THENCE S 340 58' 10" E - 1,267.11', continuing with the west line of said 230' Harris County Flood Control District Fee Strip, to a found 5/8" iron r'vd i:i th r.ap marked No. 2766 for corner; THENCE S 550 01' 27" W - 299.99' to .3 found 5/8" iron rod for corner; THENCE S 340 56' 41" E - 687.25', with the east line of that certain Tract 1 as described in a deed dated 3-14-1974 from Friendswood Development Company to Dart Industries, Inc, and El Paso Products Co. filed in the Official Public Records of Real Property of Harris COUllty, Texas at Clerk File No. E-150575, Fil m Code No. 103-11-0868, to a found 5/8" iron rod for corner; THENCE S 150 07' 08" W - 1,266.28', continuin9 with the east line of said Tract 1, to a found 5/8" iron rod with cap for corner; .' THENCE S 880 03' 07" W - 3,727.54' to a found 5/8" iron rod with cap for corner; THENCE N 010 56' 03" W - 4,002.28' to a found 5/8" iron rod with cap for point on the south right-of-way line of Fairmont Parkway; THENCE N 010 56' 03" W - 103.18' to a point for corner; THENCE N 860 48' OS" E - 3,177.67' to a point for corner; THENCE S 070 IS' 29" E - 41.65' to the POINT OF BEGINNING and containing 347.1676 acres of land, more or less. Compil ed by: PREJEAN & COMPANY, INC. surveying/mapping Job#1l-1145 October 13, 1989 Revised October 17, 1989 Revised November 1, 1989 Revised December 15, 1989 Reissued January 9, 1990 Revised March 27~ 1992 / ---..I , . "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.-) 10 ~