HomeMy WebLinkAbout93-IDA-42
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ORDINANCE NO. 93-IDA-42
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH AKZO CHEMICALS, 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. AKZO CHEMICALS,. INC. has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 1994, and ending December 31, 2000, a copy
of which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in section 1 hereof.
section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Article 6252-17, Texas Revised
civil statutes Annotated; and that this meeting has been open to
the public as required by law at all times during which this
ordinance and the subject matter thereof has been discussed,
considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the
contents and posting thereof.
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ORDINANCE NO. 93-IDA-42
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 14th day of February, 1994.
By:
CITY OF LA PORTE
~~
/N rmari L. vMalo e,' '--
Mayor
ATTEST:
s~_~
Sue Lenes,
City Secretary
APPROVED: ~
Kn~~:L ·
City Attorney
CURRENT NAME
Texas Alkyls, Inc.
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PREVIOUS NAME & DATE
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CITY OF ~A PORTE
PHONE (713) 471.5020 . p, 0, Box 1 1 15 0 LA PORTE, TEXAS 77572
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February 15, 1994
Akzo Chemicals, Inc.
c/o American Property Tax Service, Inc.
10101 S.W. Freeway, suite 540
Houston, TX 77074
ATTN: Mr. Hanson Gilan
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Gilan:
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: 8~ \. ~
Robert T. Herrera
City Manager
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Enclosures
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NO. 93-IDA-~ {
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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 corporation of Harris County,
Texas, hereinafter called "CITY", and Akzo Chemicals Inc.
, a Del a war e 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
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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 persona I 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 un annexed area equal to the sum of:
1. (a) Fifty percent (50%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and' improvements which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by City's independent
appraiser; and
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to city if all
of the Company's Land and improvements which existed
on January 1, 1997, January 1, 1998, January 1,
1999, and January 1, 2000, had been within the
corporate limits of City and appraised each year by
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City's independent appraiser; and
2. (a) On any Substantial ,Increase in value of the 'Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new construction,
in excess of the appraised value of same on January
1, 1993, resulting from new construction (exclusive
of construction in progress, which shall be exempt
from taxation), for each Value Year following
completion of construction in progress, an amount
equal to Thirty percent (30%) of the amount of ad
valorem taxes which would be payable to City if all
of said new construction had been within the
corporate limits of City' and' apprais,ed by City's
independent appraiser.
(b) A Substantial Increase in value of the Land and
improvements as used in subparagraph 2(a) above, is
defined as an increase in value that is the lesser
of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 1993; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing property values have depreciated below
the value established on January 1, 1993, an amount
equal to the amount of the depreciation will be
removed from this calculation to restore the value
to the January 1, 1993, value; and
3. (a) Fifty-percent (50%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of City
and appraised each year by the City's independent
appraiser;
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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of leased equipment, ,railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1997, January 1, 1998, January 1, 1999,
and January 1, 2000, had been within the corporate
limits of city and appraised each year by the City's
independent appraiser.
wi th the s,um 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'the1st 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 ~s 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 step~ desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
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City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controll'ing for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submi tted 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 sha,ll 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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The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable 'from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 1994.
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Akzo Chemicals Inc.
(COMPANY)
By:
ATTEST:
~ . " ;;L. oJ
City Secretary
CITY OF LA PORTE
By:J4~ ~
orman~. alone
Mayor
.
w. Askins
Attorney
of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By: CXO\~~ To ~r-'
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(713) 471-1886
(713) 471-2047
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AMERICAN PROPERTY TAX SERVICE, INC.
PROPERTY TAX CONSULTANTS
10101 SOUTHWEST FREEWAY, SUITE 540
HOUSTON, TEXAS 77074
PHONE: 1713) 988-8050
FAX: 1713) 988-8121
RECEIVEO
January 5, 1994
Mr. Robert T. Herrera, City Manager
City of La Porte
Post Office Box 1115
La Porte, Texas 77572
JAN7 19911
CITY MANAGERS
OFFICE
Re: Industrial District Contract for Akzo Chemicals, Inc. (Deer Park Site)
Dear Bob:
Enclosed are two copies of the executed Industrial District Contracts for Akzo
Chemicals Inc. Deer Park facility.
As discussed in our letter to you dated December 27, 1993, the extension
through January 10, 1994 for the delivery of the contract was necessary because of
the holiday season.
Once again, thank you for granting us the extension and look forward to a
continued working relationship.
Very truly yours,
)
Hanson A. Gilan, President
American Property Tax Service, Inc..
CC: Mr. Perry Laabs, Site Manager
Akzo Chemicals, Inc.(Deer Park Site)
Mr. Al D'Angelo, Manager, State & Local Tax
Akzo America, Inc.
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AMERICAN PROPERTY TAX SERVICE, INC.
PROPERTY TAX CONSULTANTS
10101 SOUTHWEST FREEWAY, SUITE 540
HOUSTON, TEXAS 77074
PHONE: 17131 988-8050
FAX: 1713) 988-8121
December 27, 1993
Mr. Robert T. Herrera, City Manager
City of La Porte
Post Office Box 1115
La Porte, Texas 77052
Re: Industrial District Contract for Akzo Chemicals, Inc.(Deer Park Site)
Dear Bob:
This letter will confirm my telephone conversation of last week and again this
morning with your secretary in which an extension to submit the above referenced
contract through January 10, 1994 was requested.
Your secretary informed me because we have already submitted our letter of
intent to sign the contract, therefore, you have agreed to our request and the extension
is granted through the above date.
As discussed with your secretary, one of the two signatures on the contract had
to be made overseas. This coupled with holidays are the major contributor to the delay
in submitting the contract in a timely manner.
Once again, thank you for your courtesy on this matter.
Very truly yours,
Hanson A. Gilan, President
American Property Tax Service, Inc.
CC: Mr. Perry Laabs, Site Manger, Akzo Chemicals, Inc.(Deer Park Site)
Mr. Al D'Angelo, Manager, State & Local Taxes
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RECEIVED
October 26, 1993
OCT 2 8 '''93
ClTY MAI..JAGERS
OFfiCE
Mr. Robert T. Herrera
City Manager
City of La Porte
P. O. Box 1115
La Porte, Texas 77572-1115
Re: City of La Porte Proposed Industrial District Agreement, Dated October 22, 1993.
Dear Mr. Herrera:
Akzo Chemicals Inc, Deer Park site (formerly Texas Alkyls, Inc.) has received and reviewed
the City of La Porte's proposed industrial district agreement dated October 22, 1993, for the
term January 1, 1994, through December 31, 2000.
By this Letter of Intent, our firm expresses its agreement to complete, execute and deliver
to the City, the City's proposed form of industrial district agreement, with appropriate
attachments as Exhibit "A" and Exhibit "B", at the earliest possible date.
This letter of intent is given by our firm to the City of La Porte at this time, with the request
that the City of La Porte not include our firm's land in any annexation proceedings. Our
firm understands that the City of La Porte, in reliance upon this letter, will not include our
firm's land in the proposed annexation proceedings.
Yours very truly,
AKZO CHEMICALS INC.
By:
. Laabs, Site Manager
ized Officer
cc: Mr. Hanson A. Gilan
American Property Tax Service, Inc.
, 10101 S. W. Freeway, Suite 540
Houston, Texas 77074
Akzo Chemicals Inc.
P,O, Box 600
Deer Park, Texas 77536
Tel. (713) 479 841 1
Fax (713) 479 7556
.
CITY OF L41 PORTE
PHONE (713) 471.5020 0 p, 0, Box 1 1 15 0 LA PORTE. TEXAS 77572
March 1, 1994
Mr. Hanson Gilan
American Property Tax Service, Inc.
10101 Southwest Freeway, Suite 540
Houston, Texas 77074
Dear Mr. Gilan:
The City of La Porte received your response to our request for additional information
concerning Exhibits "A" and II B II for Akzo Chemical's Deer Park site. As we discussed
by phone on Monday, February 22, 1994, I am including the attached letter, as a formality,
to file with Akzo ' s copy of the agreement.
I have noted that Akzo Chemicals will provide the City of La Porte copies of updated plot
plans when they become available.
Thank you for responding to our request so promptly.
Sincerely,
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Carol Buttler
City Manager Secretary
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CITY OF LA PORTE
PHONE (713) 471.5020 0 p, 0, Box 1 1 15 0 LA PORTE. TEXAS 77572
February 22, 1994
Akzo Chemicals, Inc. (Deer Park Site)
Attn: Mr. Hanson Gilan
c/o American Property Tax Service, Inc.
10101 S.W. Freeway, Suite 540
Houston, TX 77074
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Gilan:
A fully-executed Industrial District Agreement together with the approval ordinance are
enclosed. As part of the document preparation, the City examined Exhibits II A II and liB II
furnished by your finn. While reviewing the documents, we found that Exhibit II B II does
not indicate any previously annexed property. If you have available to you a plat that
depicts previously annexed property, please forward to complement the submitted site plan.
If you do not, please notify us. If necessary, we will be able to research City records to
identify any previously annexed areas.
Exhibit II B II' is new to the Industrial District Agreements. In the past, the City has not had
a complete and cohesive map of the extraterritorial jurisdiction (ETJ) with participants in
the Industrial District Agreements delineated. It is our intent to use this exhibit as a base
for developing such a map. We also feel that these exhibits will assist in monitoring the
faithful performance of the Industrial District Agreements as well as aiding long-range
planning activities and in some instances responding to emergency situations within the ETJ.
If you do not have this information, cannot readily develop it, or need to discuss this
request, please contact my Assistant City Manager John Joerns.
Thank you for your assistance in completing these documents.
Sincerely,
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Robert T. Herrera
City Manager
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Enclosures
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-42
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Industrial District Agreements
Each company's packet should contain the following:
~etter offering the agreement and certified copy of ordinance
vi"letter requesting action / /. / /
~eement - signed by company. Mayor. RTH. Sue. Knox
~bit "A"
~bit "B" - some will not have this item since we kept the only one that was sent
f-
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-
"EXHIBIT A",
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
Akzo Chemicals Inc.
(Metes and Bounds Description of Land)
9
... ."\'" .
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I
METES AND BOUNDS DESCRIPTION
Being a 24.70 acre tract of land, more or less, out of the
Arthur McCormick Survey, A-46 and out of the George Ross Survey,
A-646, Harris County, Texas; said 24.70 acre tract being all of
that certain 3'.0 acre tract as conveyed by Jeff E. Fleming, Trustee,
to Texas Alkyls., by deed dated May 19, 1959, as recorded in Volume
3705, Page 326, et seq, Harris County Deed Records, and all of that
certain 3.5 acre tract as conveyed by G.A. La Forge to Texas Alkyls,
Inc., by deed dated M~y 5, 1961, as recorded in Volume 4362, Page
26, Harris County 'Deed Records, and being all of that certain 12.779
acre tract as conveyed by Phillips Petroleum Company to Texas Alkyls,
Inc., by deed dated May 22, 1959, as recorded in Volume 3712, Page
95, Harris CG~nty Deed Records; and including a part of that certain
(called) 5.6674 acre tract shown on a plat of a survey performed by
Paul W. Wiseman in April, 1978; which tract was off the South end of
the Soltex Polymer Corp., 96.882 acre tract (Tract II) in the A.
~lcCormick Survey, A-46; said 24.70 acre tract being more particularly
described as follows:
Commencing at a 2" O.D. iron pipe with an aluminum cap marked
"PPCo." being the Northwest corner of that said 12.779 acre tract,
and being the Southwest corner of that certain Tract II containing
96.86 acres, conveyed by Phillips Petroleum Company to Celanese Corp-
oration of America by deed dated April 5, 1956, as recorded in Volume
3133, Page 361, Harris County Deed Records, and being also the most
Northerly Northwest corner of that certain 63.333 acre tract described
in a partition deed bet\veen W.J. Howard, et aI, dated June 26, 1950,
as recorded in Volume 2124, Page 665, Harris County Deed Records, said
point being on the Southerly extension of the center line of State
Highway No. 134, also known as Battleground Road, and being in the
West line of the Arthur McCormick Survey, A-46, same being the East
line of the George Ross Survey, A-646, Harris County, Texas;
Thence, N 20 29' W; coincident with the West boundary line of the
A. McCormick Survey, A-46 and with the Southerly projection of the
centerline of State Highway 134; a distance of 258.29 feet to a point
for the Northwest corner of the aforementioned 5.6674 acre tract.
Thence, N 870 10' 18" E; coincident \<lith the North boundary line
of the aforementioned 5.6674 acre tract; a distance of 58.47 feet to
a poiut for corner coincident with the East right-of-way line of State
Highway 134; said point being the POINT OF BEGINNING.
Thence, continuing N 870 10' 18" E, coincident with the North
b0undary line of ,the aforementioned 5.6674 acre tract, a distance of
928.95 feet to a point for the Northeast corner of the 24.70 acre
tract.
ell
..,,: ~
.
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Thence, S 200 50' 03" W; coin6ident with the West boundary line
of the Houston Lighting and Power Company, 31.058 acre tract as re-
corded in Volume 2440, at Page 455, etc. of ' the Harris County Deed
Records; passing at 297.54 feet, the Northeast corner of the afore-
said 12.779 acre tract; passing at 1,159.22 feet the Southeast corner
of the said 12.779 acre tract; for a total distance of 1,419.00 feet
to the Southeast corner of this 24.70 acre tract; which is also the
Southeast corner of the aforementioned 3.5 acre tract.
Thence, S 870 34' 44" W; coincident with the agreed South boundary
line of the 3.5 acre tract as set forth in the instrument recorded in
Volume 5235, Page 175, etc., of the Harris County Deed Records; a
distance of 774.03 feet to a point for the Southwest corner of this
24.70 acre tract.
Thence, N 170 11' E, along the West line of said 3.5 acre tract
and the East right-of-way line of State Highway No. 134, at 127.00
feet pass the most Westerly Northwest corner of said 3.5 acre tract,
being also the Southwest corner of said 3.0 acre tract, and continuing
along the West line of said 3.0 acre tract, at a total distance of
997.31 feet to a point of curve.
Thence, following a curve to the. left in Northerly direction;
coincident with the East right-of-way line of State Highway 134; said
curve having a central angle of 160 49' 27" and a radius of 1,246.00
feet; for an arc distance of 365.87 feet to the POINT OF BEGINNING.
Prepared from field note deed descriptions, corrected and rotated by
Compass Rule method of adjustment, not surveyed on the ground.
?i ILL ~
H. Carlos Smith
Texas Registered Public Surveyor, No. 1228
Date: March 31, 1980
Job No. 1243-79
\
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"EXHIBIT B"
\
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
Akzo Chemicals Inc.
(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
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AKZO DEER PARK
PLOT PLAN
1 DVG',OA_ 211,06
SCAlE
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A .AK2D
P,O, BOX 600
OEER PARK TEXAS 77536
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BY
APPROVED
MECHANICAL
PROCESS
l'ROJ,MGR.
~OIlm1JCT1OO
C~,IAPP,I OAlE
.0'
{;Q'.
GENERAL UP DATE.
REVISIONS
B
NP,
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Not~--nw~ (~a..tQ is of 0.
confIdentIal no. tu'-. o.ld IS
t~ proporty of AK)O
Ow"'cQI~ 0.00 shootl lL'.J"t
~ trQCed.photograplle-d.
photos to tcd or repr 0-
ca..ced In o.ny no.nOl"r,r,Or'
us.d for any pu""'POSI:i'
who. ts:oqv,,'" except fy
"""lttG'n p"rl"ll';Slon of'
AKZn ChG".dCQ~S:.
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