HomeMy WebLinkAbout93-IDA-38
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ORDINANCE NO. 93-IDA-38
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH ROHM AND HAAS BAYPORT, 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.
ROHM AND HAAS BAYPORT, 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. 93-38
PAGE 2
section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 27th day of June, 1994.
CITY OF LA PORTE
By:
l~~
.rman L. al ne, -
Mayor
ATTEST:
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Sue Lenes,
City Secretary
Knox W. Askins,
City Attorney
APPROVED:
~d~
CURRENT NAME
Rohm & Haas Company
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PREVIOUS NAME & DATE
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CITY OF LA PORTE
PHONE (713) 471-5020 . P. O. Box 1115 0
LA PORTE. TEXAS 77572
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June 28, 1994
Mr. James E. Sweeney
Rohm & Haas Company
P.O. Box 672
Deer Park, TX 77536
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Sweeney:
I am pleased to enclose herewith fully executed duplicate original
copy of the industrial district agreement between your firm and the
City of La Porte, effective January 1, 1994, for the term expiring
December 31, 2000.
I also enclose certified copy of the city of La Porte's approval
ordinance, for your records.
Thank you for your cooperation in this matter. If my office can
ever be of assistance to your firm, please do not hesitate to call.
Yours very truly,
CITY OF LA PORTE
By: Q~ T ~
Robert T. Herrera
City Manager
RTH:sw
Enclosures
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NO. 93-IDA~~8{
{
STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corPRrat. ion of rris Cou ty,
Texas, hereinafter called "CITY", and Kokm cI- S cn.f e...
, a -rz-;,CA-S corporation,
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 ordinan~e
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
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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
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 1994, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2000, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") .
D. Company agrees to render to City and pay an amount "in lieu
of taxes" on company's Land, improvements and tangible personal
property in the 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.
3.
(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
(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;
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(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal' property which existed on ""
January 1, 1997, January 1, 1998, January 1, 1999,
and January 1, 2000, had been within the corporate
limits of City and appraised each year by the City's
independent appraiser.
with the sum of 1, 2 and 3 reduced by the amount of City'S ad
valorem taxes on the annexed portion thereof as. determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 1994, and continuing thereafter until December 31,
2000, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods
of time on or before August 31, 2000, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, city shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation
of such land, Company will waive the. right to require city to
comply with any such additional restrictions or obligations and the
rights of the parties shall be then determined in accordance with
the provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994. .
v.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between city and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
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City on or before the date therefor hereinabove provided, at ieast
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 dispqte to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" paYments which would be due
hereunder on the basis of Company's valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by city, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10.. days, the parties will join in a written
request that the Chief Judge of the U.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
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. of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
expert opinion, and shall render its written decision as
.promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Articles 224-238, Vernon's
Annotated Revised civil statutes of Texas). Costs of the
arbitration shall be shared equally by the Company and
the city, provided.that each party shall bear its own
attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, - all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
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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"EXHIBIT An
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
~Cl(,(M A-.vO (~S EA. <t f>Orr:r; 2?'"ve.
(Metes and Bounds Description of Land)
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f12.- s e I ""2.-U I -=t L A-, ~ < ~ D ~. A.(2_S 0-. J .
'-I ~ L "E: c..~ u.. E:. I .4- Cs. 2. S C Cs 0 ~ (oJ ~A-c(1.."C S )
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1.
"EXHIBIT Bit
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
-r? 6 '-f.M ~o L~ .""E'4 "ff"Clm:-; -r;1l~_
(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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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
previous~y existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st
LJ
ATTEST:
~
City secrz Lenes
APtlZ: r
. Vlk'
Knox W. As l.ns
City Attorney
city of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone:
Fax:
(713) 471-1886
(713) 471-2047
By:
By:
By:
1994.
~ OF LA PORTE
':J1A~
N rman L. al
Mayor .
G?~ 1: ~.
Robert T. Herrera
city Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
8
ROHM AND HAAS B.wPORT"'lNC.
13300 BAY AREA BLVD., LA PORTE, ~~
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MAIL TO:
P.O. BOX 1330
LA PORTE. TEXAS 77572-1330 .
(713) 474-4495
June 9, 1994
Askins & Armstrong, P.C.
Attorneys At Law
702 W. Fairmont Parkway
La Porte, Texas 77572-1218
Re: IDA - Rohm and Haas Bayport, Inc.
Dear Sir:
Attached are two signed copies of the industrial agreement
between the City and Rohm and Haas Bayport, Inc. When
completed, please send a copy to me at Rohm and Haas Texas,
PO Box 672, Deer Park, Texas, 77536. Thanks for your help.
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IDA
JES
SUBSIDIARY OF ROHM AND HAAS COMPANY
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t'IETES MID 130UtIDS DESCI1I PTIOtl
60.155 J\cl-es (2,620.365 Square Feet)
Ueing a tr~ct or parcel of land containing 60.155 acres (2.620.365 square feet)
.in thr. RichClrj Pearsall 1/3 League. A-625. Harris County, Texas. and being more
~art.ic\Jl()rly described as follows \'lith all beal"ings referred to the Texas
Coordinate System, South Central Zone:
COi-U.IEtlCIIIG at a coppen/eld rod stamped 113075" found at the southeast corner of the
intersection of Bay Area Boulevard (150 feet wide) and of record in Volume 7235,
Page 135 of Ilarris County Deed Records (H.C.D.I1.) and Fairmont Park\Vay (250.feet
Hide). same point being the northwest corner of a 17.466 acre tract O\'/rIed by Airco
Inc. and recorded in Film Code 115-99-2206, File Number F906432 of the Ilarris
County Official Public Records'of Real Property;
TI-IEtICE, South 00059'50.11 East, 831.10 feet (called S 01000'45" E, 831.10 feet)
along the line common to said Bay Area Boulevard and said Airco Inc. tract to a
coppen/eld rod reset and stamped "307611 and the IIPOlflT OF BEGHIIIINGII and the
northwest corner of the herein described tract; . .
TIIENCE, florth 86050'40" East 932.45 feet (called FI 86052'5411 E, 932.45 feet) along
the south line of said Airco Inc. tract to a coppen/eld rod reset and stamped 113077"
said point also being the southeast corner of said Airco tract; .
TIIErICE, florth 86047'30" East, 639.02 feet (called tl 86052154" East, 638.94 feet)
: to a copper\Veld rod found stamped "3097" and being in the southeast line of a
20 foot wide pipeline easement granted to Tennesse~ Products Pipeline Company and
}"ecorded in Volume 3340, Page 188, I/.C.D.R.;
.nIEIICE. South 3401112911 \'Iest. 341.32 feet (called S 34010110" 1-1, 341.36 feet) along
said southeast line to a copperweld rod found stamped 11309611;
TIIElICE, leaving said southeast line, North 86052154" East. 640.39 feet (called
II" 86052154" E, 640.48 feet) toa coppen/eld rod. found stamped "3086" and being in
the \./est 1 ine of a lIarris County Flood Control fee strip (185 feet \'lide) knm.m as
Drainage Ditch C, Truct 1 and being of record in Volume 8260, Page 124, II.C.D.R.;
. .
TJ-IEIICE, along said \-'/est line, South 030pO'OO" East (called S 03001129" E) at
752.14 feet pass a coppen/eld rod found stamped "-2956" in all a total distance of
1102~39 feet to a copperweld rod reset and. stamped "2957", and being in the north
line of an Houston Lighting and Po\Ver fee strip (120 feet wide) of record in
Volume 7146. Page 375. fl.C.O.R.;
HIEtlCE, along said north line, South 87026'21" Hest (called S 87026'12" 1-1) at
1516.02 feet pass a coppen'/eld rod found star.tped "2954". and being in the north-
west line of'a 20 foot wide pipeline easement granted to Tennessee Gas Transmfssion
Company and recorded in Volume 3007, Puge 706. and Volume 3135. Page 261. H.C.o.I1.,
all a total distance. of 2052.90 feet to a corren/eld rod reset and stamped "2951"
and bei nr! in the eas t I"i 9h t-of-\'Jay of sa i d Bay f\rea Oou 1 eva rd;
THEIlCE, along said east line of Bay AI-ea l3oulevard. rJorth 00059'50" t~est (called
H (1l000'45" \/) at 80.00 feet pass a coppen/eld rod found stamped "2952". in all
a total distance of 1353.34 feet to the POUlT OF l3EGIWIII1G and containing 60.155
~cres (2.620,365. square feet) of land.
Cor.lpi 1 ed uy:
SUHVCOII HIC.
Houston, Texas
Job #5059-031
February 1980
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BAYPORT. TEXAS
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PROPERTY & YARD PROJECT
BAYPORT PLANT
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(Revised: 06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE 'rEXAS GENERAL ARBITRATION ACT, ARTICl.E
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
~
CITY OF LA PORTE ~
INDUSTRIAL DISTRICT AGREEMENT
This AGREEf1ENT made and entered into by and between the CITY OF
LA PORTE, TEXAS, a municipal corporation of Harris County,.. Texas,
hereinafter called "CITY", and
ROHH AND HAAS BAYPORT INC.
, a TEXAS
corporation, hereinafter called "COMPANY",
WIT N E SSE T H: That
WHEREAS, it is the established policy of the City Council of the
City of La Porte, Texas, to adopt such reasonable measures from time
to time as are permitted by law and which will tend to enhance the
economic stability and growth of the City and its environs by attracting
the location of new and the expansion of existing industries therein,
and such policy is hereby reaffirmed and adopted by this City Council
as being in the best interest of the City and its citizens; and
WHEREAS, Company is the owner of a certain tract(s) of land more
particularly described in the Deed Records of Harris County, Texas,
in the following Volume and Page references, to-wit:
...
e
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Industrial District Agreement - 2
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s):
and
WHEREAS, pursuant to its policy, City has enacted Ordinance No.
729, designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte,
Texas," and Ordinance No. 842, designating portions of the area lo-
cated in its extraterritorial jurisdiction as the "Bayport Industrial
District of La Porte, Texas," hereinafter collectively cal"J..ed "Dis-
trict," such Ordinances being in compliance with the Municipal Annex-
ation Act of Texas, Article 970a, Vernons Annotated Revised civil
Statutes of Texas: and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose desires
to enter into this Agreement with Company pursuant to Resolution
adopted by the City Council of said City and recorded in the official
minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutual
agreements of the parties contained herein and pursuant to the
authority granted under the Municipal Annexation Act and the Ordinances
of City referred to above, City and Company hereby agree with each
other as follows:
I.
Ci ty covenants, agrees and guarantees that during the term of
this Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue and retain its
extraterritorial status as an industrial district, at least to the
extent that the ~ame covers the land described above and belonging to
Company and its assigns, and unless and until the status of said
land, or a portion or portions thereof, as an industrial district may
be changed pursuant to the terms of this Agreement. Subject to
e
e
Industrial District Agreement - 3
the foregoing and to the later provisions of this Agrement, City does
further covehant, agree and guarantee that such industrial district,
to the extent that it covers said land lying within said District and
not now within the corporate limits of: City, or to be annexed under
the provisions of Article II hereof, shall be immune from annexation
by City during the term hereof (except as hereinafter provided) and
shall have no right to have extended to it any services by City, and
that all of said land, including that which has been heretofore or
which may be annexed pursuant to the later provisions of this
Agreement, shall not have extended to it by ordinance any rules and
regulations (a) governing plats and subdivisions of land, (b) prescri-
bing any building, electrical, plumbing or inspection code or codes,
or (c) attempting to exercise in any manner whatever control over
the conduct of business thereon: provided, however, it is agreed
that City shall have the right to institute or intervene in any
judicial proceeding authorized by the Texas Water Code or the Texas
Clean Air Act to the same extent and to the same intent and effect as
if all land covered by this Agreement were located within the corporate
limits of City.
II.
A portion of the hereinabove described property has heretofore
been annexed by City. Company has filed with Ci ty, coincident with
the execution hereof, its petition to City to annex an additional
portion of the hereinabove described property, to the end that twenty-
five percent (25%) of the total value of the land and improvements
hereinabove described shall be annexed to City. Company agrees to
render and pay full City ad valorem taxes on such annexed land and
improvements, and tangible personal property.
Under the terms of the Texas Property Tax Code (S.B.
of the 65th Texas Legislature, Regular Session, 1979, as
621, Acts
amended) ,
e
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Industrial District Agreement - 4
the appraised value for tax purposes of the annexed portion of land,
improvements, and tangible personal property shall be determined by
the Harris Coun ty Appraisal District. The parties hereto recognize
that said District has no authority to appraise the land, improvements,
and tangible personal property in the unannexed area for the purpose
of computing the "in lieu" payments hereunder. Therefore, the parties
agree that the appraisal of the land, improvements, and tangible
personal property in the unannexed area shall be conducted by City,
at City's expense, by an independent appraiser of City's selection.
The parties recognize that in .making such appraisal for "in lieu"
payment purposes, such appraiser must of necessity appraise the entire
(annexed and unannexed) land, improvements, and tangible personal
property. Company agrees to render and pay full City ad valorem
taxes on such annexed land, improvements, and tangible personal pro-
perty.
Company also agrees to render to City and pay an amount "in lieu
of taxes" on company's land, improvements, and tangible personal
property in the unannexed area equal to the sum of:
(1) Fifty percent (50%) of the amount of ad valorem taxes which
would be payable to City if all of the hereinabove described
property which existed on January 1, 1986, had been wi thin the
corporate limits of City and appraised each year by City's
independent appraiser~ and
(2) Thirty percent (30%) of the amount of ad valorem taxes which
would be payable to City on any increase in value of the
hereinabove described property, in excess of the appraised. value
of same on January 1, 1986, resulting from new construction and
new acquisitions of tangible personal property, (exclusive of
Construction in Progress, which shall be exempt from taxation),
if all of said new construction and acquisitions had been within
the corporate limits of City and appraised by City's independent
e
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Industrial District Agreement - 5
appraiser~
with the sum of (1) and (2) reduced by the amount of City's ad valorem
taxes on the annexed portion thereof as determined by appraisal by
the Harris County Appraisal District.
Nothing herein contained shall ever be construed as in derogation
of the authority of the Harris County Appraisal District to establish
the appraised value of land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
This Agreement shall extend for a period beginning on the 1st
day of January, 1987, and continue thereafter until December 31, 1993,
unless extended for an additional period or periods of time upon
mutual consent of Company and City as provided by the Municipal
Annexation Act: provided, however, that in the event this Agreement
is not so extended for an additional period or periods of time On
or before August 31, 1993, the agreement of City not to annex property
of Company within the District shall terminate. In that event, City
shall have the right to commence immediate annexation proceedings as
to all of Company's property covered by this Agreement, notwithstanding
any of the terms and provisions of this agrement, and in such event
Company agrees that if the Texas Municipal Act, Article 970a (V.A.T.S.),
as amended after January 1, 1980, or any new legislation is thereafter
enacted by the Legislature of the State of Texas which imposes greater
restrictions on the right of City to annex land belonging to Company
or imposes further obligati.ons on City in connection therewith after
the annexation of such land, Company will waive the right to require
City to comply with any such additional restrictions or obligations
and the rights of the parties shall be then determined in accordance
wi th the provisions of said Texas Municipal Annexation Act as the
same existed January 1, 1980.
e
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Industrial District Agreement - 6
IV.
~;
This Agreement may be extended for an additional period or
periods by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land wi thin the District of which it is a part. In
this connection, City hereby expresses its belief that industrial
district agreements of the kind made herein are conducive to the
development of existing and future industry and are to the best
interest of all citizens of City and encourage future City Councils
to enter into future industrial district agreements and to extend for
additional periods permitted by law this Industrial District Agreement
upon request of Company or i.ts ass igns; provided, however, that
nothing herein contained shall be deemed to obligate either party
hereto to agree to an extension of this Agrement.
, V.
Company agrees to pay all ad valorem taxes, and all "in lieu
of taxes" payments hereunder, to City on or before December 31 of
each year during the term hereof. It is agreed that presently the
ratio of ad valorem tax assessment used by City is one hundred percent
(100%) of the fair market value of property. Any change in such
ratio used by City shall be reflected in any subsequent computations
hereunder. This Agreement shall be subject to all provisions of law
relating to determination of value of land, improvements, and tangible
personal property, for tax purposes (e.g., rendition, assessment,
Harris County Appraisal District review and appeal procedures, court
appeals, etc.) for purposes of fixing and determining the amount of
ad valorem tax payments, and the amount of "in lieu of tax" payments
hereunder, except as otherwise provided in Articles II and VI hereof.
VI.
(A) In the event Company elects to protest the valuation for
tax purposes set on its said properties by City or by the Harris
e
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Industrial District Agreement - 7
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it to
reduce the same.
Nothwithstanding such protest by Company, Company agrees to pay
to City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b)
the total amount of the "in lieu of taxes" on the
unannexed portions of Company's hereinabove-described property which
would be due by Company to City in accordance with the foregoing
provisions of this Agrement on the basis of renditions which shall be
filed by Company on or before March 31 of each year during the term
of this Agreement, with both the City and the Harris County Appraisal
District (as the case may be) for that year.
When the City or Harris County Appraisal District (as the case
may be) valuation on said property of Company has been so finally
determined , either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion of
the controversy, then within thirty (30) days thereafter Company
shall make payment to ci ty of any additional payment due hereunder
based on such final valuation, together with applicable penal ties,
interests, and costs.
(B) Should Company disagree with any appraisal made by the
independent apppraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, ."ithin
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the appraisal
made by said independent appraiser shall be final and controlling for
purposes of the determination of "in lieu of taxes" payments to be
made under this Agreement.
Should Company give such notice of disagreement, Company shall
e
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Industrial District Agreement - 8
also submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company 's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agreement
as to the market value of Company I 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 t 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
render its written decision as promptly as
decision shall then be final and binding
opinion, and shall
practicable. That
upon the parties,
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Industrial District Agreement - 9
subject only to jUdicial review as may be available under the
Texas General Arbitration Act (Articles 224-238, Vernon's Annot-
ated Revised Civil Statutes of Texas). Costs of the arbitration
shall be shared equally by the Company and the City, provided
that each party shall bear its own attorneys fees.
(C) Should the provisions of Article II of this Agreement
become impossible of enforcement because of (l) the invalidity or
unenforceability of the, Texas Property Code (S.B. 621, Acts of the
65th Texas Legislature, Regular Session, 1979), or any relevant
provision thereof, or (2) because of any material delay or failure
to act on the part of the Harris County Appraisal District, then and
in any of such events, all payments under this Agreement shall be
governed by the provisions of Article II hereof; anything to the
contrary in this Agreement notwithstanding.
VII.
City shall be entitled to a tax lien on Company's above-described
property, all improvements thereon, and all tangible personal property
thereon, in the event of default in payment of "in lieu of taxes"
payments hereunder, which shall accrue penalty and interest in like
manner as delinquent taxes, and which shall be collectible by City in
the same manner as provided by law for delinquent taxes.
VIII.
Company agrees to provide to City at Company's expense, a survey
plat and field note description of the land and improvements which
Company petitions to be annexed in accordance with the provisions of
Article II above. Such annexation tract shall be contiguous to a
point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description,
City shall have the right by notice in writing to Company to cancel
and terminate this Agreement.
., ..,
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Industrial District Agreement - 10
IX.
This Agreement shall inure to the benefit of and be binding
upon City and Company, and upon Company I s successors and ass igns,
affiliates and subsidiaries, and shall remain in force whether Company
sells, assigns, or in any other manner disposes of, either voluntarily
or by operation of law, all or any part of the property belonging to
it within the territory hereinabove described, and the agreements
herein contained shall be held to be covenants running with the land
owned by Company situated within said territory, for so long as this
Agreement or any extension thereof remains in force.
X.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement; provided,
however, City reserves the right to enter into such agreements or
renewal agreements with other landowners not covered. by existing
agreements, containing a percentage of ad valorem taxes more favorable
to the landowner than that contained in Paragraph II, Subparagraph 3
(2) hereof, and Company and its assigns shall not have the right to
amend this agreement to embrace the more favorable percentage of ad
valorem taxes contained in. such agreement or renewal thereof, than
that contained in Paragraph II, Subparagraph 3 (2) hereof. City may
extend more favorable terms to landowners covered by existing contracts
only to the extent such favorable terms apply to any increase in
value of the hereinabove described property, in excess of the appraised
value of same on January 1, 1986, as described in Paragraph II, Sub-
paragraph 3 (2) hereof.
e
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Industrial District Agreement - 11
XI.
In the event anyone or more words, phrases, clauses, sentences,
paragraphs, sections, artic les or other parts of this Agreement or
the applicaton thereof to any person, firm, corporation or circum-
stances shall be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, then the application,
invalidity or unconstitutionality of such words, phrase, clause,
sentence, paragraph, section, article or other part of the Agreement
shall be deemed to be independent of and separable from the remainder
of this Agreement and the validity of the remaining partes of this
Agreement shall not be affected thereby.
XII.
Upon the commencement of the term of this Agreement, all other
previous ly existing indus trial district agreements with respect to
said land shall terminate.
ENTERED INTO this 1st day of June, 1986.
ATTEST:
ROm! AND HAAS BAYPORT INC.
(COI1PANY)
?4;J;1:~1!Lv; /
/: .r .~ , (
/ /#.' ~
,,;' /:.,.'
Secretary
BY
~c:r~
"
N am e :
R. D. Gilbert
Name:
W. W. Stabell
Ti tle: President/Plant Manager
Address: 13300 Bay Area Blvd/P. 0, Box 1330
APPROVED BY COUNSEL:
LaPorte, Texas 77571
ATTORNEY FOR COMPANY
Name:
Address:
Telephone:
.
Industrial District Agreement - 12
ATTEST:
~Jt:~~
Cherie Black, City Secretary
"
,
.,
APPROVED BY COUNSEL:
O:di
KNOX W. ASKINS, City Attorney
702 West Fairmont Parkway
Post Office Box 1218
La Porte, Texas 77571
Telephone: (713) 471-1886
(Revised: 06/86)
e
CITY OF LA PORTE
BY
BY
Manager
CITY OF LA PORTE
Post Office Box 1115
La Porte, Texas 77571
'.
.
.
t.IETES MID BOWlDS DESCRIPTIOtl
60.155 Acres (2,620,36~ Square Feet)
Ueing a tr~~t or parcel of land containing 60.155 acres (2,620,365 square feet)
.in th~ Richar1 Pearsall 1/3 League, A-625, Harris County, Texas, and being more
:JarticultJrly described as follows \"lith all beal"ings referred to the Texas
Coordinate System, South Central Zone:
COi-!t.1EtlCIIJG at a coppen/eld rod stamped "3075" found at the southeast corner:- of the
intersection of Bay Area Boulevard (150 feet wide) and of record in Volume 7235,
Page 135 of Harris County Deed Records (H.C.D.R.) and Fairmont Parh/ay (250,feet
wide), same point being the northwest corner of a 17.466 acre tract owned by Airco
Inc. and recorded in Film Code 115-99-2206, File Number F906432 of the Harris
County Official Public Records.of Real Property;
THENCE, South 00059'50" East, 831.10 feet (called S 01000'45" E, 831.10 feet)
along the line common to said Bay Area Boulevard and said Airco Inc. tract to a
copperweld rod reset and stamped "3076" and the "POUlT OF BEGHHIING" and the
northwest corner of the herein described tract; -
THENCE, tlorth 86050'40" East 932.45 feet (called II 86"52'54" E, 932.45 feet) along
the south 1 ine of said Airco Inc. tract to a coppen-Jeld rod reset and stamped "3077"
said point also being the southeast corner of said Airco tract;
THEflCE, North 86047'30" East, 639.02 feet (called N 86052'54" East, 638.94 feet)
,to a copperweld rod found stamped "3097" and being in the southeast line of a
20 foot \1ide pipeline easement granted to Tennessee Products Pipeline Company and
recorded in Volume 3340, Page 188, H.C.D.R.;
THEflCE, South 34011'29" Hest, 341.32 feet (called S 34010'10" H, 341.36 feet) along
said southeast line to a copperHeld rod found stamped "3096";
THEIICE, leaving said southeast line, North 86052'54" East, 640.39 feet (called
II" 86052'54" E, 640.48 feet) to .a coppen/eld rod found stamped "3086" and being in
the \'/est 1 ine of a Harris County Flood Control fee strip (185 feet \-/ide) known as
Drainage Ditch C, Tract 1 and being of record in Volume 8260, Page 124, H.C.D.R.;
THElICE, along said \'/est line, South 03000'00" East (called S 03001'29" E) at
752.14 feet pass a coppen/eld rod found stamped "2956" in all a total distance of
1l02~39 feet to a coppen-Jeld rod reset and' stamped "2957", and being in the north
line of an Houston Lighting and Power fee strip (120 feet wide) of record in
Volume 7146, Page 375, H.C.D.R.;
.
THEUCE, along said north line, South 87026'21" Hest (called S 87026'12" H) at
l516.fi2.feet pass a coppen'leld rod found star.tped "2954", and being in the north-
west line of.a 20 foot wide pipeline easement granted to Tennessee Gas Transmfssion
Company and recorded in Volume 3007, Page 706, and Volume 3135, Page 261, H.C.D.R.,
all a total distance of 2052.90 feet to a coppen/eld rod reset and stamped "2951"
and being in the east riqht-of-way of said Bay Area Boulevard;
THErICE, along said east line of Bay Area Boulevard, tlorth .00059'50" West (called
N 01000'45" U) at 80.00 feet pass a coppen/eld rod found stamped "2952", in all
a total di stance of 1353.34 feet to the POItn OF I3EG ImlIl~G and conta i ni ng 60.155
~cres (2,620,365 square feet) of land.
Cor.lpi 1 ed by:
SURVCOH WC.
Houston, Texas
Job #5059-031
February 19130
.
-
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
t~ ~ 'iT'\;f1 r,\ t:i l\ 1"\ 1 r, ~ r::> ~
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1b~.:-b::;C;DA-frh
NOTICE OF APPLICATION FOR WASTE DISCHARGE PERMIT RENEWAL q3-IDA -8 P
ROHM AND HAAS COMPANY, P,O. Box 1330, LaPorte, Texas 77572-1330 has applied to the Texas Natural
Resource Conservation Commission (TNRCC) for renewal of Permit No. 02500 which authorizes a discharge of
stormwater on an intermittent, flow variable basis via Outfall 001. The applicant operates a speciaity chemicals
manufacturing plant.
The plant site is located on the east side of Bay Area Boulevard, approximately 1/4 mile south of the intersection of
Bay Area Boulevard and Fairmont Parkway in the City of LaPorte, Harris County, Texas. The effluent is discharged
to a Harris County Flood Control Ditch; thence to Taylor Bayou; thence to Clear Lake in Segment No. 2425 of the
Bays and Estuaries. The designated uses for Segment No. 2425 are high aquatic life uses and contact recreation. The
unclassified receiving waters of the Harris County Flood Control Ditch are presumed to have no significant aquatic
life uses.
The Executive Director of the TNRCC has prepared a draft permit which, if approved, would establish the parameters
and limitations within which the facility must operate.
The Executive Director will issue the permit unless a written hearing request is filed within 30 days after newspaper
publication of this notice, To request a hearing, you must submit the following: (1) your name (or for a group or
association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name
of the applicant and the permit number; (3) the statement "I/we request a public hearing;" (4) a brief description
of how you would be adversely affected by the granting of the application in a way not common to the general public;
(5) the location of your property relative to the applicant's operations; and (6) your proposed adjustments to the
application/permit which would satisfy your concerns and cause you to withdraw your request for hearing.
If a hearing request is filed, the Executive Director will not issue the permit and will forward the application and
hearing request to the TNRCC Commissioners for their consideration at a scheduled Commission meeting. If a hearing
is held, it will be a legal proceeding similar to civil trials in state district court.
Requests for hearing on this application must be submitted in writing during the 30-day notice period to the Chief
Clerk's Office, M9il rode 105, TNRCC, P,O, Box 13087, Austin, TX 78711-3087, Written public comments may
also be submitted to the Chief Clerk's Office during the notice period. For information concerning technical aspects
of the permit, contact Cynthia Lee, M9il ("ooe 1~, the same address. For information concerning hearing procedures
or citizen participation, contact BIas Coy, Public Interest Counsel, M9i1 rode 10], the same address, Individual
members of the public who wish to inquire about the information contained in this notice, or to inquire about other
agency permit applications or permitting processes, should call the TNRCC Office of Public Assistance, Toll Free,
at 1-800-687-4040.
Issued this 15th day of August, 1997.
~~.~r(~
Eugenia K. Brum.th, Ph,D., Chief Clerk
Texas Natural Resource Conservation Commission
(Seal)
I
~
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,
e
- I I
- .. I
.' I
City of La Porte
. Established 1892
June 16, 1997
Mr. James Sweeney
100 Independence Mall West
Philadelphia, Pennsylvania 19106-2399
Dear Mr. Sweeney:
Thank you for advising me of the name change of Rohm and Haas Bayport, Inc. to Rohma and
Haas Company, Inc" Bayport Plant.
Your letter of notification is sufficient for our contract and our file documents. No other action
is necessary at this time,
Please call me when you have some free time. I would like to visit with you and discuss mutual
opportunities with the City and industry,
Sincerely,
CX~ T. ~~
Robert T, Herrera
City Manag~r
RTH:cjb
c Knox Askins
City Secretary's Office/
r.O.B(1xII15. Lar(1rfe.Texas7757Z-1115. (713)471-5020
100 INDEPENDENCE MALL WEST PHILAD_IA, PA 19106-2399 U.S.A. .
TELEPHONE (215J 592-3000 CABLE ADDRESS: ROHMHAAS C~NTRAL FAX (215) 592-3377
June 10, 1997
City of La Porte
Mr. R. Herrera, City Manager
PO 1115
La Porte, Texas 77572
Re: Industrial District Contract
Dear Mr. Herrera:
The current Industrial District Contract indicates that the two parties are Rohm and Haas Bayport, Inc.
and the City of La Porte. Rohm and Haas Bayport is no longer a legal entity and is now Rohma and Haas
Company, Inc., Bayport Plant. If you feel we need to amend this contract, let us know what we must
do. There really is no change and if this letter will slJffice that will be fine with us. Have not seen nor
talked with you for awhile, trust all is well. - .
\.
,y.
-';2<-
l:".
ROHM
~HAAS
COMPANY
10L~9PIENdENCE MALL WEST PHILADlaA, PA 19106-2399 U.S.A. _
T'TEPH,oNE (2r 5J 592-3000 CABLE AOO~ ROHMHAAS CENTRAL FAX [215J 592-3377 -
.' ,. I
.. ~.
I
June 10, 1997
City of La Porte
Mr. R. Herrera, City Manager
PO 1115
La Porte, Texas 77572
Re: Industrial District Contract
Dear Mr. Herrera:
The current Industrial District Contract indicates that the two parties are Rohm and Haas Bayport, Inc.
and the City of La Porte. Rohm and Haas Bayport is no longer a legal entity and is now Rohma and Haas
Company, Inc., Bayport Plant. If you feel we need to amend this contract, let us know what we must
do. There really is no change and if this letter will s1,lfTice that will be fine with us. Have not seen nor
talked with you for awhile, trust all is well. -
\~
ROHM
~HAAS
COMPANY
e
e
City of LaPorte
Established 1892
June 16, 1997
Mr. James Sweeney
100 Independence Mall West
Philadelphia, Pennsylvania 19106-2399
Dear Mr, Sweeney:
Thank you for advising me of the name change of Rohm and Haas Bayport, Inc. to Rohma and
Haas Company, Inc" Bayport Plant.
Your letter of notification is sufficient for our contract and our file documents. No other action
is necessary at this time.
Please call me when you have some free time. I would like to visit with you and discuss mutual
opportunities with the City and industry,
Sincerely,
CX~ T. ~
Robert T. Herrera
Ci ty Manager
RTH:cjb
c Knox Askins
City Secretary's Office
r.o. 1)11X 1115 · La rl1rte, Texas 77572-1115 · (713) 471-5020
JAN 31 '95 15:38
,
I
RDHM~
IHAAS~
TEXAS INCORPORATED
FROM ROHM AND HAAS - TX
e'
TO 94'168
PAGE. 001
.
I. ACSIMILE COyeR SHEET
Cj:ommunity Relations Department
P. O. Box 672, Deer Park, Texas 77536
I
Facsimile No.: 13-476-8159
If trouble with transmission, pl~se call 713-478-1814
.~,....J . _...:..._...~._~..~..:._
FROM:' g~a/. ~ · " "
PAGES (+ COver Sheet): ~
MESSAGE:
RECE~VED,
FEB 1 190~
CI fY MANAGERS
OFFICE
TJ-f .2-3-~S
FROM ROHM AND HAAS - TX TO 94.1 168
JAN 31 '95 15:38
"\ 01-31-19SS l~:a _5S2 680B AVCOI't1S. ~ .
""'-Innd 1u tlWlImIaI memo 7111 ,....... ot..
PAGE. 002
P.01
':Y-#
-.. '
OHM AND HAAS COMPANY
~
.
, .
JEPeNCSNCE MAU.. W8T T___ ca,~ l592-atJDc
IlLADEUlHIA. ~VANA lli1(lS
PReSS CONTACT:
FOR AELJ:ASe
Lara.L. .:::
~I.O" DIl
~..-
110.. AIm lfA... 'TO IIIJJLD OW' BlOCIDBIt P.LAlft'
IK UI'POIlT. TaA8
. .
. .
PldIaclelphta. itA.. Mar., ch 8.11994 -~ .Ro~,..~.Haaa Compa,IIY ..., ,.. ~"",,.,._
..-......1 ..:. .nA...p.:..ft~.wm~bUUdo.:a--bloetd_"'-ftt.n.fM"""""""'''''"f'e''''''4fv'''''at"1tii __.......,_.
.. . ..._-_._..&m1ow.&~ ~. ---......&1-16 ~
Bayport. Texaa. 1Ilte. .. . . .. ,".,., ,. _. ..
.::;::::.: .... :.:: :'.. .' I .. ..
The new plant Is needed to meet ongoing' demand for l80tbJaolone
hfOdda \Wed In induatrJal applic:auons and to make a new antIfouJant
for martne pamte.. _
"We arc conunttted to rcma1lltQg a world leader m blocides," says
HoWard C. Lavy, v1cc presklent and bualneu unit director for btocldc:a.
The new Bayport Bite Ie .tr&teelalllY ~ bccauee of its locaUon
$ng the U.S. OulfCout and &ca1iac it has Jl workforee that fa ~Ued
In handling IIpIICdalW chemfea1l,"' .
The Bayport fadlit;y wU1 produce ~ 15 mWIoI1 pounds of
l$oth1azolone b10cldee a ymr. Conatnl<<ion wilt begin late in 1994 8Dd
will be cOIbpleted early In 1996. 1hc coat of bu:J1cJms the plant wtJ1 be
$40 to $50 million.
B1octde8 wm continue to be prodUced at tJ1c company's ~
facmtJ In Janow, E'Qllud. ~ Jarraw plant bas been crtUca1 to our
aucoes& during the past clecade." I&y8 Levy. "It wm continue to be a
mainstay of production. u evidenced by a nearly eotnpletcd 20
percent production capaclW increase there. .
orhc emnhinlltson of Baypozt. Janow and expandfog operattom to the
Pad1k: region pve us the tiextb1l1ty we need to respond qu1ckly to
c:uatomera aro\llld the world. H Levy adda.
H
#I
,
JPAIbuoI. ~at.: Rohm and Haas bas been 1Uak,ing Iant-h~kme b10cldes
alnoe the IlUd-197o.. 1beae products control thebutldup of bacteria.
UloId, fungi lWei aJaa,e in tnduatr:tal procU$e8. paiDta. dc:t:ergeuta,
C08JUet1ca and toDetrles. In 1991, Robm and Haas fOImcd a venture
tOW t5IIIN4.", .. .
J'AN 31 · 95 15: 32 .
. .215 592 6SBS
PAE.0B1
.;;;..""--.--- ..",
~
JAN 31 '95 15:39
01-31-1995 18:~
~.~OM ROHM AND HAAS - TX TO 94~168
. 5S2 6808 PR.ICCfflS. CEPNtIII'.~
;.
-.2-
W1tb 1'bc Dead Sea Bromtne Group to market and 'aen blnmlDM>aeed
b1od.dea for use :fn water tm1t.IDmt, SWfIn1'l1mg poola and apa8.
InttJally, the Bayport plant wm make the KathOD 1me of Jsot:htazoJone
proclucta and Sea-Nine 211 ID8.l'ine antlfoulant. Sea-Nine 18 uecd by
commen:1al pajDt manufactu.rers to make CftAtfngl for .hip bottom8
wbicb resist the buDdup ofbamacles, sIDDe and algae.
. . ~ . .
_,.,.._.=-,-_~.".....~~..~~,~,_~.,,,,.,,~~.: '.~'~:':~.;...'",""-",.A_u'.,.-,:' :"..~d.,.,,~~ ,.~.,;<:,~,'L'''':~..,:;:; ..", ,.~,'.,
PAGE. 003
P.0a
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'1 ,"- t" 1'- ....
. . " .
,'J...J.1.. -' --...ll..,.........~:J.~;;.;..:;;.:.":.....-."".....;.,. ~""~
".-' ..",....,
.JAN 31 '95 15:32
215 592 6808 REE. BB2
** TOTAL PAGE.003 **
ROHM AND HAAS .PORT INC.
13300 BAY AREA BLVD., LA PORTE, TEXAS
--
MAIL TO:
P.O. BOX 1330
LA PORTE. TEXAS 77572-1330 .
(713) 474-4495
City Of La Porte
PO Box 1115
La Porte, Texas
July 26, 1994
Re: Industrial District Agreement (IDA) Exhibits
Attn: Mr. Robert T. Herrera, City Manager
Dear Sir:
Please be advised that the attached metes and bounds
description for our location is current. Thank you
for your help in this matter.
Sincerely,
(l~ u.)~ ~~~
~f-~ ~~~~
<g tP ~ r 06 ,,*uJ
M /4t: ~ l>o~ Boc- ~
?e-~ ~;!#~CV
SUBSIDIARY OF ROHM AND HAAS COMPANY
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'.;~.,::~~~;;.~~~~. ";,: ~:'.:., ~~:~~5~:: ~~ ":S' ~~(;(~~..-:~:.. :~"1:~~f~~\t:~~\~:~~"~~~:::~:;--~ :;~J.-F/r-{~~~
CITY OF L~ POR TE
.
LA PORTE. TEXAS 77572-' 1 15
."_.f:~~,~~~~t~~
'\.c;":';', f~#-'~;: 1'.. .~-h. '~~'1~"~" --""~w.- <:.~ ~tc.:t\"'1'::!: 1..,1-_:':1;(..,<\. '~ ..~..:.~.: "l
'.':1 ;1~1:J0~":4'.':.:t~~,>.:TJ:~,~~e;.t...l~~.~~i~. 'if!.~>.;.J.~~~;{r;.
June 28, 1994
Mr. Jim Sweeney
Rohm & Haas Company
P,Q. Box 672
Deer Park, TX 77536
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Sweeney:
The City of La Porte received Rohm & Haas' 1993 IDA contracts. Each contract included
a site plan for Exhibit II B ". However, for Exhibit "A" I each contract included only a
reference to the metes and bounds description from the 1986 IDA contract, indicating that
information is valid for the 1993 IDA contract. While I am sure this is correct, we have
found it in our best interest to maintain precise and complete docwnents for each new IDA.
Enclosed for your review, is the metes and bounds description provided by Rohm & Haas
with their 1986 IDA contract. The City requests verification by Rohm & Haas that this
metes and bounds description is indeed current. Upon receiving you verification, we will
attach a copy to each original and circulate fully executed copies,
If you need to discuss this request, please contact Assistant City Manager John Joerns.
Thank you for your assistance in completing these documents.
Sincerely,
Q~T~
Robert T. Herrera
City Manager
RTH/cjb
Enclosure
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-38
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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
Mr. Jim
Rohm & aas Company
P.o. ox 672
D r Park, TX 77536
~'--" ..-"" "" " . ." ~,- -~ '---
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K:1'-~w"'" ""'.n1.'."
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MAY. ~ J 199t].
May 26, 1994
ASST. CiTY MANAGE~~;
OFFICE
Dear Mr. Sweeney:
As requested, I enclose herewith two copies of the final form of
the City of La Porte Industrial District Agreement, for execution
by appropriate officials of Rohm & Haas Bayport, Inc.
Deed references or metes and bounds description of the subject
property should be attached as Exhibit "A". A copy of a survey
plat or drawing of the plant site should be attached as Exhibit
"B".
Please give me a call if I can be of any help to you in the
completion of these documents.
with best regards, I am,
(2Z;.rY trul
Knox W. Askins
City Attorney
City of La Porte
~~ John Joerns
~:~stant,city Manager
city of La Porte
r \pf~
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7if
KWA: sw
Enclosures
cc: Mr. Robert T. Herrera
City Manager
City of La Porte
.
City of La Porte
Established 1892
May 16, 1994
ATTN Gene Clark
Kirkwood & Darby, Ine.
3000 E, Belknap, Suite 400
Fort Worth, Texas 76111
RE: Industrial District Agreement (IDA) and Exhibits - Rohm & Haas Company
Dear Mr. Clark
This letter is to follow-up on the March 7, 1994, phone call to you requesting the status of
the Industrial District Agreement (IDA) and exhibits for Rohm & Haas Company, We have
received the majority of the agreements. However, our records. indicate Rohm & Haas
Company's agreement has not arrived as of this date.
Although we realize the process of compiling exhibits as well as obtaining signatures from
authorized company officials can be lengthy, we would appreciate any assistance you could
provide to expedite this process,
Sincerely,
(K~ T )~
Robert T, Herrera
City Manager
RTHjcjb
cc John Joerns, Assistant City Manager ~
Knox Askins, City Attorney
P.O.Sllxll15 0 L;lPurte.Tex<l~[7572-1115. (713)471-5020
ROHM AND HAAS B"ORT INC.
13300 BAY AREA BLVD" LA PORTE, TEXAS
.
~A
~~,
MAIL TO:
P.O. BOX 1330
LA PORTE, TEXAS 77572-1330 .
171314744495
RECEIVED
October 27, 1993
OCT 2 '9 1993
CITY MANAGERS
OFFICE .
Mr. Robert T. Herrera
City Manager
City of La Porte
PO Box 1115
La Porte, Texas 77572-1115
Re: City of La Porte Proposed Industrial Agreement, Dated
October, 12, 1993.
Dear Mr. Herrera:
Rohm and Haas Bayport Inc has received and reviewed the City
of La Porte's proposed industrial district agreement dated
October 12, 1993, for the term January 1, 1994, through
December 31, 2000.
By this letter of intent, our firm expresses its agreement
to complete, execute and deliver to the City, the City's
proposed form of industrial district agreement, with
appropriate attachments as Exhibit "A" and Exhibit "B", at
the earliest possible date.
This letter of intent is given by our firm to the city of La
Porte at this time with the request that the City of La
Porte not include the land of our firm in any annexation
proceedings. Our firm understands that the City of ~a
Porte, in reliance upon this letter, will not include the
land of our firm in any proposed annexation proceedings.
Yours very truly,
Rohm and Haas Bayport Inc.
~~hY'
By:
SUBSIDIARY OF ROHM AND HAAS COMPANY
.
,....
~ SENDER:
'iij 0 Complete items 1 and/or 2 for additional services.
G) 0 Complete items 3. and 4a & b.
~ 0 Print your name and address on the reverse of this form so that we can
G) return this card to you.
~ . Attach this form to the front of the mailpiece. or on the back if space
.. does not permit.
.! . Write "Return Receipt Requested" on the mailpiece below the article number.
... . The Return Receipt will show to whom the article was delivered and the date
delivered.
4b. Service Type
o RegL!itered
v.b
J2N;ertf~.ed
o Express Mail
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"t:I I 3. Article Addressed to:
.i lYh.. 0; WI S We...ek..€. Y
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oct
~ 5.
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~ 6. Signature (Agent)
..
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> PS Form 3811, December 1991 '/(U.S. GPO: 1993-352-714
.!!l
4a.
.
I also wish to receive the
following services (for an extra
fee):
1. 0 Addressee's Address
(!)
tJ
'S:
..
G)
en
2. 0 Restricted Delivery
Consult postmaster for fee.
Article Number
o
... ,
Q.,
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Ir"
s
o Insured
o COD
o Return Receipt for
Merchandise
7. Date of Delivery
-9
8. Addressee's Address (Only if requested ~
and fee is paid) 1ii
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I-
DOMESTIC RETURN RECEIPT