HomeMy WebLinkAbout93-IDA-45
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ORDINANCE NO. 93-IDA-45
AN ORDXNANCE AUTHORXZXNG THE EXECUTION BY THE CITY OF LA PORTE OF
AN XNDUSTRXAL DXSTRXCT AGREEMENT WITH UNION CARBIDE XNDUSTRIAL
SERVICES COMPANY, XNC., FOR THE TERM COMMENCING JANUARY 1, 1994,
AND ENDXNG DECEMBER 31, 2000; MAKING VARXOUS FXNDINGS AND
PROVXSXONS RELATXNG TO THE SUBJECT; FINDXNG COMPLIANCE WITH THE
OPEN MEETXNGS LAW; AND PROVXDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. UNION CARBIDE INDUSTRIAL SERVICES COMPANY, 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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ORDXNANCE NO. 93-IDA-45
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.
CITY OF LA PORTE
By: lt~Lq4
Mayor
ATTEST:
~ -~v~J
Sue Lenes,
City Secretary
CURRENT NAME
.
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PREVIOUS NAME & DATE
Union Carbide Industrial Services Co.
e
CITY OF L4l PORTE
PHONE (713) 471.5020 . p, 0, Box 1 1 15 . LA PORTE. TEXAS 77572
February 15, 1994
union Carbide Industrial Services Co., Inc.
Attn: Cecil B. Kenefick
Tax Dept-K2
39 Old Ridgebury Road
Danbury, CT 06810-5113
Re: City of La Porte Industrial District Agreement,
Effective January 1, 1994.
Dear Mr. Kenefick:
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 you~ firm, please do not hesitate to call.
Yours very truly,
CITY OF LA PORTE
By: G<~ T. ~
Robert T. Herrera
city Manager
RTH:sw
Enclosures
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NO. 93 - IDA - ..1::f {
{
STATE OF TEXAS {
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COUNTY OF HARRI S {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and Union Carbide Tnnm:::t:r;rll ~"Ti("P~
Company, Inc. , a Texas corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the city Council of
the city of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, . and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas"r
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 i~dustrial 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, electr~cal, 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 an9 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 un annexed
area shall be conducted by City, at City's expense, by an
independent appraiser of city's selection. The parties recognize
that in making such appraisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
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property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 1994, and on or before each April 15th
thereafter, unless an extension is granted.in accordance with the
Texas Property Tax Code, through and including April 15, 2000,
Company shall provide city with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's m~rket 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 ~nd 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 foll9win9.
completion of construction in progress, an amount
equal to Thirty percent (30%) of the amount of ad
valorem taxes which would be, payable to City if all
of 'said new construction had been within the
corporate limits of City and :appraised by city's
independent appraiser.
(b) A Substantial Increase in value of the Land and
improvements as used in subparagraph 2(a) above, is
defined as an increase in value that is the lesser
of either:'
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 1993; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c). If existing property values have depreciated 'below
the value established on January 1, 1993, an amount
equal to the amount of the depreciation will, be
removed from this calculation to restore the value
,to the January 1, 1993, value; and
3. (a) Fifty-percent (50%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
of leased equipment, railroads, pipelines, and
products in storage located on the Land, if all of
said tangible personal property which existed on
January 1, 1994, January 1, 1995, and January 1,
1996, had been within the corporate limits of city
and appraised each year by the city's independent
appraiser;
(b) Fifty-three percent (53%) of the amount of ad
valorem taxes which would be payable to City on all
of the Company' s tangible personal property of every
description, including, without limitation,
inventory, oil, gas, and mineral interests, items
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of leased equipment, ,railroads, pipelines, and
products in storage located o~ 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.
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wi th the sum of 1, 2 and 3 reduced by the amount of city · s ad
valorem taxes on the annex'ed 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
Agreemept 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 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
ci ty 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
controliing for purpose~ 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 fai th negotiations in an attempt to reach an
agreement as to the market value of Cpmpany 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 arbit.ration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any sucQ 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.i 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 proyided 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 la~downer with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the 'right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement. This
Paragraph shall not apply to any Court ordered extension of the
term of the Agreement ordered in Southern Ionics, Inc. vs City of
La Porte, civil Action H-89-3969, United States District Court,
Southern District of Texas.
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X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would.enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining parts of this Agreement shall not be
affected thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 1994.
union Carbide Industrial Services Corrpany, Inc.
(COMPANY)
~y:
N
T Ie: Assistant Treasurer
Address: 39 Old Ridqp-hury Rnrld
Danbury, CT 06810-5113
ATTEST:
S~~
City Secretary
By:
CITY OF LA PORTE
?!.mn~~~
/ orman L. Malone --
Mayor
By:
Q~~ T. ~
Robert T. Herrera
City Manager
W.- Ask~ns
Attorney
of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
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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"EXHXBXT A",
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
Un~on Carbide Industrial Services Company, Inc.
(Metes and Bounds Description of Land)
See attached EXHIBIT A. PREMISES
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026-77-1)765
EXHIBIT A
Premises
A tract of land approximately 4.000 acres situated in
the Enoch Brinson Survey, Abstract No.5, Harris County, Texas,
being part of a 57.580 acre tract conveyed to Union Carbide
Corporation by Deed dated November 12, 1980, duly recorded
under County Clerk's File No. G-753519 in the Official Public
Records of Harris County, Texas, and being more particularly
described as follows:
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COMMENCING for reference ,at a 5/8" iron rod, being the
Northeasterly corner of the 57.580 acre tract, located in
the Westerly right-of-way line of Strang Road '(60-foot wide
right-of-way) ;
THENCE, South 030 02' 34" East, along the Easterly line
of said 57.580 acre tract and same being the Westerly right-
of-way line of Strang Road, for a distance of-870.-00 feet
to a 5/8-inch iron rod set for corner, this being the POINT
OF BEGINNING of the herein described 4.000 acre tract;
THENCE, South 030 02' 34" East, along the Easterly line
of said 57.580 acre tract and same being the Westerly right-
of way for Strang Road, for a distance of 300.00 f~et to a
5/8-inch iron rod set for corner;
THENCE, South 860 57' 26" t~est, leaving said right-of-
way line, for a distance of 580.80 feet to a corner;
THENCE, North 030 02' 34" West, for a distance of 300.00
feet to a corner;
THENCE, North 860 57' 26" East, for a distance of 580.80
feet to the POINT OF BEGINNING; CONTAINING within these metes
. and bounds approximately 4.000 acres, or 174,240 square feet,
of land area.
tTATE OrTEXA5 J
COUNTY OF' HAIIRIS
I ...,.b)' C."if, '"11 '"is i""MTltnl WIS riLED in
F'... ""'mlllr lIeaue"C' lII' ",. III'. 'fIG II lilt lime Illmped
~ br me; ,"II "'1 .,,,1, II.CORDED. In lIIe OHic,e'
lIIoc R~, of ItHI ~, of Mar,i, Cllunl)o. T_ on
SEP 23 1985
Cl-:tt. ~ L'" r ~v
COUNTY CLERK.
HARRIS COUNTY, TEXAS
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-RECORoER'S MEMORANDUM
~L BLACkOUTS.ADDITIONS AND CHANGES
':~=~r:o.TIME THE INSTRUMENT
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"EXBXBXT B",
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
Union Carbide Industrial Services Company, 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 previo~sly annexed by the City of La Porte.)
See attached SURVEY
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S. &(,0-5" -2.c.'W. 580.80'
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ORDINANCE NO. 1~-1,)
AN ORDINANCE AUTHORIZING THE EXECUTION BY TIlE CITY OF LA PORTE OF INDUSTRIAL
DISTRICT AGREEMENTS WITH INDUSTRY WITHIN TIlE BATTLEGROUND INDUSTRIAL DISTRICT,
AND TilE BAYPORT INDUSTRIAL' DISTRICT, FOR TIlE SEVEN (7) YEAR PERIOD COt-IMENCING
JANUARY 1, 1987.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. the City Council of the City of JA Porte hereby finds,
determines and declares that the following named corporation has executed an
industrial district agreement with the City of JA Porte, for the seven-year term
commencing January 1, 1987, a copy of said proposed industrial district agreement
being attached hereto, incorporated by reference herein, and made a part hereof
for all purposes, to wit:
UNION CARBIDE INDUSTRIAL SERVICES CmlPANY
Section 2. The Mayor and the City Secretary of the City of La Porte, Texas,
be, and they are hereby authorized, and empowered to execute and deliver on
behalf of the City of La Porte, Texas, the industrial district agreement with the
firm named in Section 1 hereof, copy of which is attached hereto.
Section 3. The City Council officially finds, determines, recites and
declares that a sufficient written notice of the date, hour, place ~nd 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 ther.eof
has been discussed, considered and formally acted upon. The City Counc!.l further
ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 4. This Ordinance shall be effective from and after its passage and
approval.
PASSED AND APROVED this the, 7th day of December, 1987
CITY OF LAPORTE
BY
ATTEST:
!?A .~ r I
t. 'tleu.e-' ' ':,ea c. {c-
City Secretary
APPROVEO: ~ .
~~J '
Ci ty At torney
".
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(Revised: 06/86)
NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION
UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE
224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS
THE STATE OF TEXAS f
~
COUNTY OF HARRIS f
f
CITY OF LA PORTE ~
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY OF
LA PORTE, TEXAS, a municipal corporation of Harris County, Texas,
hereinafter called "CITY", and
Union Carbide Industrial Services
Company
Texas
, a
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:
A tract of land approximately 4.000 acres situated in the
Enoch Brinson Survey, Abstract i~o. 5, lIarris County, Texas, being
part of a 57.580 acre tract conveyed to Union Carbide Corporation
by Deed dated November 12, 1980, duly recorded unde~ County Clerk's
File ~o. G-753519 in the Official Public Records of Harris County,
Texas, reference to which is here made for all purposes.
'0
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Industrial District Agreement - 2
upon which tra~t(~), Company has either constructed an industri
plant(s) or contemplates the construction of an industrial plant(s
and
WHEREAS, pursuant to its policy, City has enacted Ordinance ~
729, designating portions of the area located in its extraterritori
jurisdiction as the "Battleground Industrial District of La Port
Texas," and Ordinance No. 842, designating portions of the area 1
cated in its extraterritorial jurisdiction as the "Bayport Industri
District of La Porte, Texas," hereinafter collectively called "Di
trict," such Ordinances being in compliance ,with the Municipal Anne
ation Act of Texas, Article 970a, Vernons Annotated Revised Ci~
Statutes of Texas: and
WHEREAS, City desires to encourage the expansion and growth
industrial plants within said Districts and for such purpose desi!
to enter into this Agreement with' Company pursuant to Resoluti
adopted by the City Council of said City and recorded in the offici
minutes of said City:
NOW, THEREFORE, in consideration of the premises and the mutu
agreements of the parties contained herein and pursuant to t
authority granted under the Municipal Annexation Act and the Ordinanc
of City referred to above, City and Company hereby agree with ea
other as follows:
1.
Ci ty covenants, agrees and guarantees that during the term
this Agreement, provided below, and subject to the terms and provisic
of this Agreement, said District shall continue and retain i
extraterritorial status as an industrial district, at least to t
extent that the same covers the land described above and belonging
Company and its assigns, and unless and until the status of sa
land, or a portion or portions thereof, as an industrial district n
be changed pursuant to the terms of this Agreement.
Subject
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Industrial District Agreement - 3
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, 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 hav~ 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 equal to twenty-
.
five (25%) of the total value of the land and improvements of such
property, has heretofore been annexed by ci ty.
Company agrees to
render and pay full City ad valorem taxes on sucn 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),
. .
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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 County 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 within the
corporate limits of City and appraised each year by City's
independent appraiser: and
(2) Thirty percent (30%) of the amount of ad valorem taxes which
would be payable to City on any increase in value of the
hereinabove described property, in excess of the appraised value
of same on January 1, 1986, resulting from new construction and
new acquisitions of tangible personal property, (exclusive of
Construction in Progress, which shall be exempt from taxation),
if all of said new construction and acquisitions had been within
the corporate limits of City and appraised by City's independent
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'lndustrial 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 Municip,al Act, Article 970a (V.A.T.S.),
as amended after January 1, 1980, or any new legislation is thereafter
enacted by the Legislature of the State of Texas which imposes greater
restrictions on the right of City to annex land belonging to Company
or imposes further obligations on City in connection therewith after
the annexation of such land, Company will waive the right to require
City to comply with any such additional restrictions or obligations
and the rights of the parties shall be then determined in accordance
with the provisions of said Texas Municipal Annexation Act as the
same existed January 1, 1980.
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Industrial District Agreement 6
IV.
This Agreement may be extended for an additional period or
periods by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land wi thin the District of which it is a part. In
this connection, City hereby expresses its belief that industrial
district agreements of the kind made herein are conducive to the
development of existing and future industry and are to the best
interest of all citizens of City and encourage future City Councils
to enter into future industrial district agreements and to extend for
additional periods permitted by law this Industrial Di~trict Agreement
upon request of Company or its assigns: 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 "in lieu of taxes" payments hereunder,
to City on or before December 31 of each year during the term hereof.
The Company agrees to pay all ad valorem taxes hereunder in accordance
with Section 31.02 of the Texas Property Code.
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 subse-
quent 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.,
rendi tion, 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 o~herwise provided in
Articles II and VI hereof.
VI.
(A) In the event Company elects to protest the valuation for
tax purposes set on its said properties by City or by the Harris
.
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Industrial District Agreement - 7
County Appraisal District for any year or years during the terms
hereof, nothing in this Agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it to
reduce the same.
Nothwithstanding such protest by Company, Company agrees to pay
to City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the annexed
portions, plus (b) the total'amount of the "in lieu of taxes" on the
unannexed portions of Company's hereinabove-described property which
would be due by Company to City in accordance with the foreg,oing
provisions of this Agrement on the basis of renditions which shall be
filed by Company on or before March 31 of each year during the term
of this Agreement, with both the City and the Harris County Appraisal
District (as the case may be) for that year.
When the City or Harris County Appraisal District (as the case
may be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion of
the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
(B) Should Company disagree with any appraisal made by the
independent apppraiser selected by City pU4suant to Article II above
(Which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the appraisal
made by said independent appraiser shall be final and controlling for
purposes of the determination of II in lieu of taxes II payments to be
made under this Agreement.
Should Company give such notice of disagreement, Company shall
.
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Industrial District Agreement - 8
also submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company IS
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agreement
as to the market value of Company I s property for .. in lieu II purposes
hereunder. If, after the expiration of thirty (30) days from the
date the notice of disagreement was received by City, the parties
have not reached agreement as to such market value, the parties agree
to submit the dispute to final arbitration as provided in subparagraph
(1) of this Article VI(B). Notwithstanding any such disagreement by
Company, Company agrees to pay to City on or before December 31 of
each year during the term hereof, at least the total of (a) the ad
valorem taxes on the annexed portions, plus (b) the total amount of
the lIin lieull 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 II in lieu of taxes II thereon
for the last preceding year, whichever is higher. .
(1) A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be named by
those two. In case of no agreement on this arbitrator in 10
days, the parties will join in a written request that the Chief
Judge of the U. s. District Court for the Southern District of
Texas appoint the third arbitrator who, (as the IIImpartial
Arbitratorll) shall preside over the arbitration proceeding. The
sole issue to be determined in the arbitration shall be resolution
of the difference bet,ween 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,
It
II
Industrial District Agreement - 9
render its written decision as promptly as practicable. That
decision shall then be final and binding upon the parties,
subject only to judicial review as may be available under the
Texas General Arbitration Act (Articles 224-238, Vernon's 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 of any material delay or
failure to act on the part of the Harris County Appraisal District,
then and in any of such events, the City shall have the right to
appoint an independent appraiser, whose appraisal shall be treated
for all purposes in this Agreement as if it had been made by the
Harris County Appraisal District.
. 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 has previously provided to City at Company's' expense, a
survey plat and field note description of the land and improvements
have been annexed in accord,ance with the provisiohs of Article II
above. Such annexation tract is contiguous to a point on the exist-
ing corporate 'limits of La Porte.
~
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Industrial District Agreement - 10
IX.
This Agreement shall inure to the benefit of and be binding
upon City and Company, a'nd '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 11ereinabove 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 ~ have the right to
amend this agreement to embrace the more favorable percentage of ad
valorem taxes contained in. such agreement or renewal thereof, than
that contained in Paragraph II, Subparagraph 3 (2) hereof. City may
extend more favorable terms to landowners covered by existing contracts
only to the extent such favorable terms apply to any increase in
value of the hereinabove described property, in excess of the appraised
value of same on January 1, 1986, as described in Paragraph II, Sub-
paragraph 3 (2) hereof.
. .'
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Industrial District Agreement - 11
XI.
In the event anyone or more words, phrases, clauses, sentences,
paragraphs, sections, articles or 'other parts of this Agreement or
the applicaton thereof to any person, firm, corporation or circum-
stances shall be held by any court of competent jurisdiction to be
invalid or unconstitutional for any reason, then the application,
invalidity or unconstitutionality of such words, phrase, clause,
sentence, paragraph, section, article or other part of the Agreement
shall be deemed to be independent of and separable from the ~emainder
of this Agreement and the validity of the remaining partes of this
Agreement shall not be affected thereby.
XII.
Upon the commencement of the term of this Agreement, all other
, ,
previously existing industrial district agreements with respect, to
said land shall terminate.
ENTERED INTO this 1st day of June, 1986.
. . \. ,', I ".
:. ' 'ATTES'i': .
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~10N CMBII1( L~DU3TRIJ\L SeRVICES CX)i,1PANY
(COMPANY)
Name:
BY -JJ4 $J. )Z~
Name: Philip F. McGovern
Title: Assistant Treasurer
.lohn Macdonald
Address:
39 Old Ridqeburv Road
APPROVED BY COUNSEL:
Danburv. Ct. 06817
J~L ~M~~
Name: Jerry L. Robinson
---
Address: 39 Old Ridgebury Road
Danbury, Ct. 06Sl7
Telephone:
(203) 794-3699
. .
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Industrial District Agreement - 12
ATTEST:
{'t~A'~~~~dv'
Cher1e Black, City Secretary
APPROVED BY COUNSEL:
~w
KNOX W. ASKINS, City A torney
702 W. Fairmont Parkway
P. o. Box 1218
La Porte, Texas 77571
Telephone: (713) 4.71-1886
(Revised: 03/87)
e,
CITY OF LA PORTE
By: ~~?~
Nor an M,a10ne, May r' .......
By:G?J~ 7~ ~
Rooert T. Herrera, City Manager
CITY OF LA PORTE
P. O. Box 1115
La Porte, Texas 77571
I.
.
~-
-- '
\. CITY OF LA PORTE
PHONE (713) 471.5020 . p, 0, Box 1 1 15 . LA PORTE. TEXAS 77572
February 24, 1994
Union Carbide Industrial Services Co., Ine.
Attn: Cecil B. Kenefick, Property Sales Tax Dept-G 3
39 Old Ridgebury Road ,
Danbury, CT 06817-0001
RE: Industrial District Agreement (IDA) Exhibits
Dear Mr. Kenefick:
A fully-executed Industrial District Agreement together with the approval ordinance are
enclosed. As part of the document preparation, the City examined Exhibits "A" and "B"
furnished by your firm. While reviewing the documents, we found that Exhibit "B" does
not indicate improvements or any previously annexed property. If you have available to you
a plat that depicts the site improvements and 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 "B" is new to the Industrial District Agreements. In the past, the City has not had
a complete and cohesive map of the extraterritorial jurisdiction (ETJ) with participants in
the Industrial District Agreements delineated. It is our intent to use this exhibit as a base
for developing such a map. We also feel that these exhibits will assist in monitoring the
faithful performance of the Industrial District Agreements as well as aiding long-range
planning activities and in some instances responding to emergency situations within the ETJ.
If you do not have this information, cannot readily develop it, or need to discuss this
request, please contact my Assistant City Manager John Joerns.
Thank you for your assistance in completing these documents.
Sincerely,
Q~T~
Robert T. Herrera
City Manager
RTH/cjb
Enclosures
cc Jeff Litchfield, Finance Director
IDA File #93-IDA-45
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Industrial District Agreements
Each company's packet should contain the following:
ktter offering. the agreement and certified copy of ordinance
A letter requesting action /. / I
~ement - signed by company. Ma~. RTH. Sue. Knox
, ~bit "A"
~bit "B" - some will not have this item since we kept the only one that was sent
. ..... ... .......- ...... ....-.....:_....._:......:.c~.:=.-.;.l~::.~:-_:,....=-,:.:::;t~.~~.:>.~::: ;:..~::...:~.~: ::::~. . .-:.: =-__~._.. .~.._ ._'..
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D-
4b. Service Type
o Registered 0 Insured
ertified 0 COD
Dress Mail 0 Return Receipt for
}' ~ Merchandise ~
7. (.0' of Delivery .E
.
+-
SIENDIE~:
· Complete items 1 and/or 2 for additional services,
. Complete items 3, and 4a 81 b.
. Print your name and address on the reverse of this form so that we can
retum this card to you.
· Attach this form to the front of the mailpiece, or on the back if space
does not permit.
· Write "Return Raceipt Requested" on the mailpiece below the article number.
. The Return Receipt will show to whom the article was delivered and the date
4a.
.
I also wish to receive the
following services (for an extra tl
fee): ':;
...
1. 0 Addressee's Address J;
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.r.
UNION CAR~E INDUSTRIAL SERVICES &PANY, INC.
Tax Department K-2
39 Old Ridgebury Road
Danbury, Connecticut 06810-5113
October 28, 1993
Mr. Robert T. Herrera
City Manager
City of La Porte
P.O. Box 1115
La Porte, TX 77572-1115
Re: City of La Porte Proposed Industrial District Agreement
Dated October 22, 1993
Dear Mr. Herrera:
Union Carbide Industrial Services Company, 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,
UNION CARBIDE INDUSTRIAL
SERVICES COMPANY, INC.
....
UNION CAIDE INDUSTRIAL SERVICES CO.ANY, INC.
Tax Department K-2
39 Old Ridgebury Road
Danbury, Connecticut 06810-5113
October 28, 1993
Mr. Robert T. Herrera
City Manager
City of La Porte
P.O. Box 1115
La Porte, TX 77572-1115
-
RECEIVED I
NOV f '993
CI TY MANAGERS
I OFFICE
-
Re: City of La Porte Proposed Industrial District Agreement
Dated October 22. 1993
Dear Mr. Herrera:
On subject matter, enclosed is the original Letter of Intent, a copy of which was faxed
to you today.
The signed Industrial District Agreement with attachments will be sent in the near
future.
Very truly yours,
c~~~If1J
Mgr., Property Taxes
CBK:cmb
Enc.
ck.10.8
e
.
UNION CARBIDE INDUSTRIAL SERVICES COMPANY. INC.
12/28/93
UCISCO, INC.
Tax Department K2
39 Old Ridgebury Road
Danbury, CT 06810-5113
Telephone: (203) 794-4419
Re: Industrial District Agreement
City of La Porte, Texas and
Union Carbide Industrial Services Comoanv. Inc.
RECl21VEQJ
DEe J 0 1993
CI Ty M
ANAGERS
OFFICE '
Mr. Robert T. Herrera
City Manager, City of La Porte
P.O. Box 111 5
La Porte, TX 77572-1115
Dear Mr. Herrera:
Enclosed are two signed copies of subject agreement. After formal
approval by City Council by passage of an approval ordinance, we
understand that a copy will be returned to us when fully signed by City
officials.
Please advise if the attached survey reflecting boundary lines is not
suitable for your needs or Mr. Hugh Landrum's.
Very truly yours,
~ 11.41.1
C. B. Kenefick
Mgr., Property Taxes
Enclosure
cc: Mr. H. L. Landrum