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ROHM AND HAAS B,&PORT INC.
13300 BAY AREA BLVD., LA'PORTE, TEXAS
MAIL TO:
P.O. BOX 1330
LA PORTE, TEXAS 77571
May 28, 1981
Mr. Knox W. Askins, J. D., P. C.
Attorney at Law
702 W. Fairmont Parkway
P. 0. Box 1218
LaPorte, Texas 77571
Dear Mr. Askins:
Enclosed is our letter to the mayor of LaPorte as well as the Industrial
District Agreement between Rohm and Haas Bayport and the city of LaPorte.
We have enclosed two copies of each. As indicated in your letter of
January 23, 1981, you will have the attachments approved and return an
executed copy to us.
We thank you very much for your assistance in this matter and if you
need any further information please call us.
Very truly yours,
R. D. Gil ert
Plant Manager
JES/dk
SUBSIDIARY OF ROHM AND H AAS COMPANY
v
ROHM A D HAAS PORT INC.
13300 BAY AREA BL D., LA PORTE, TEXAS
MAIL TO:
P.O. BOX 1330
LA PORTE, TEXAS 77571
May 26, 1981
City of LaPorte
LaPorte, TX
Attention: J. J. Meza, Mayor
Gentlemen/Ladies:
In accordance with Article II, (A) of the Industrial District Agreement
("Agreement") between Rohm and Haas Bayport Inc. ("R&H Bayport") and the
City of LaPorte ("City"), R&H Bayport hereby petitions the City to annex an
additional portion of R&H Bayport's property, as described in the Agreement
("Property"), to the end that 25% of the total value of the land and improve-
ments located on R&H Bayport's Property will be annexed to the City.
R&H Bayport has not yet completed construction of its plant on the
Property. Consequently, R&H Bayport proposes the following modifications
to the Agreement:
1. R&H Bayport will not be required to provide the City with a survey
plat and field note description of the land and improvements under Article
VII of the Agreement until after completion of the construction of R&H
Bayport's plant on the Property.
2. The City will not officially annex any of the Property until
after such survey plat and field note description is provided by R&H Bayport.
3. Until such survey plat and field note description is provided,
R&H Bayport will render and pay the ad valorem tax and "in lieu of taxes"
amounts described in Article II of the Agreement as if 25% of the total
value of the land and improvements owned by R&H Bayport had been annexed by
the City and 75% remained unannexed.
4. The terms and conditions of the Agreement will otherwise remain
the same.
If the foregoing is acceptable to the City, please indicate in the
space provided below and return a completely executed copy to R&H Bayport.
SUBSIDIARY OF RGHM A MD HA1A,S COMPAMY
•
0
The foregoing terms of this
letter are accepted and
agreed to:
CITY OF LAPORTE
32
Title:
Date :
Approved by Counsel:
Knox W. Askins
City Attorney
Sincerely,
ROHM AND HAAS BAYPORT INC.
By:
i rUert
Title: President
Date: Mav 27. 1981
R•OH-A.4 AND HAAS B&PORT INC.
13300 BAY AREA BLVD., LA PORTE, TEXAS
,e.
MAIL TO:
P.O. BOX 1330
LA PORTE. TEXAS 77571
May 26, 1981
City of LaPorte
LaPorte, TX
Attention:. J. J. Meza, Mayor
Gentlemen/Ladies:
In accordance with Article II, (A) of the Industrial District Agreement
("Agreement") between Rohm and Haas Bayport Inc. ("R&H Bayport") and the
City of LaPorte ("City"), R&H Bayport hereby petitions the City to annex an
additional.portion of R&H Bayport's property, as described in the Agreement
("Property"), to the end that 25% of the total value of the land and improve-
ments located on R&H Bayport's Property will be annexed to the City.
R&H Bayport has not yet completed construction of its plant on the
Property. Consequently, R&H Bayport proposes the following modifications
to the Agreement:
1. R&H Bayport will not be required to provide the City with a survey
plat and field note description of the land and improvements under Article
VII of the Agreement until after completion of the construction of R&H
Bayport's plant on the Property.
2. The City will not officially annex any of the Property until
after such survey plat and field note description is provided by R&H Bayport.
3. Until such survey plat and field note description is provided,
R&H Bayport will render and pay the ad valorem tax and "in lieu of taxes"
amounts described in Article II of the Agreement as if 25% of the total
value of the land and improvements owned by R&H Bayport had been annexed by
the City and 75% remained unannexed.
4. The terms and conditions of the Agreement will otherwise remain
the same.
If the foregoing is acceptable to the City, please indicate in the
space provided below and return a completely executed copy to R&H Bayport.
SUBSIDIARY OF ROHM AND HAAS COMPANY
Sincerely,
ROHM AND HAAS BAYPORT INC.
By:
er
Title: President
Date: May 27, 1981
The foregoing terms of this
letter are accepted and
agreed to:
CITY OF LAPORTE
By:
Title:
Date:
Approved by Counsel:
Knox W. Askins
City Attorney
r
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 5
COUNTY OF HARRIS 9
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 ROHM AND HAAS BAYPORT INC.
a TEXAS
corporation, hereinafter called "COMPANY",
W I T N E S S E T H: That
WHEREAS, it is the established policy of the City Commission 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 indus-
tries therein, and such policy is hereby reaffirmed and adopted by
this City Commission 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:
60.155 acres of land in the Richard Pearsall 1/3 League, Abstract 625, Harris
County, Texas as more particularly described in the General Warranty Deed
from Friendswood Development Company to Rohm and Haas Bayport Inc. dated June 26,
1980 and filed for record in the office of the County Clerk of Harris County, Texas
on July 8, 1980 under Clerk's File No. G594334. A copy of the metes and bounds
is attached hereto as Exhibit A.
(Revised: 8-79 )
A
0
0
Industrial District Agreement - 2
upon which tract(s) Company has either constructed an industrial
plant(s) or contemplates the construction of an industrial plant(s);
and
WHEREAS, pursuant to its policy, City has enacted Ordinance No.
729, designating portions of the area located in its extraterritorial
jurisdiction as the "Battleground Industrial District of La Porte,
Texas," and Ordinance No. 842, designating portions of the area
located in its extraterritorial jurisdiction as the "Bayport Indus-
trial District of La Porte, Texas," hereinafter collectively called
"District," such Ordinances being in compliance with the Municipal
Annexation Act of Texas, Article 970a, Vernons Annotated Revised
Civil Statutes of Texas; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said District and for such purpose desires
to enter into this Agreement with Company pursuant to Resolution
adopted by the City Commission 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 Ordi-
nances of City referred to above, City and Company hereby agree 'with
each other as follows:
I.
City covenants, agrees and guarantees that during the term of
this Agreement, provided below, and subject to the terms and provi-
sions of this Agreement, said District shall continue and retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the land described above and belonging
to Company and its assigns, and unless and until the status of said
land, or a portion or portions thereof, as an industrial district
may be changed pursuant to the terms of this Agreement. Subject to
Industrial District Agreement - 3
the foregoing and 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 have extended to it any services
by City,- and that all of said land, including that which has been
heretofore or which may be annexed pursuant to the later provisions
of this Agreement, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) 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 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) A portion of the hereinabove described property has hereto-
fore been annexed by City. [Company has filed with City, coincident
with the execution hereof, its petition to City to annex an addi-
tional portion of the hereinabove described property, to the end
that twenty-five per cent (25%) of the total value of the land and
improvements hereinabove described shall be annexed to City, Com-
pany agrees to render and pay full City ad valorem taxes on such
annexed land and improvements, and tangible personal property.
(1) For tax years 1980 and 1981, Company also agrees to render
and pay an additional amount "in lieu of taxes" on Company's
land, improvements, and tangible personal property in the un-
L
Industrial District Agreement - 4
annexed area to the end that Company's payment of taxes on the
annexed area, combined with its payment of "in lieu of taxes"
on the unannexed area, will equal forty-five percent (45%) of
the amount of ad valorem taxes which would be payable to City
by Company if all of the hereinabove described property had
been within the corporate limits of City.
(B) The Texas Property Tax Code (S. B. 621, Acts of the 65th
Texas Legislature, Regular Session, 1979) will be effective for 1982
and subsequent years hereunder. Under the terms of said Act, 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, improve-
ments, and tangible personal property in the unannexed area for the
purpose of computing the "in lieu" payments hereunder. Therefore,
for 1982 and subsequent years under this Agreement, ,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 per-
sonal property.
'(1) For tax year 1982 and thereafter, 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 un-
annexed area equal to forty-five percent (45%) of the amount of
ad valorem taxes which would be payable to City if all of the
hereinabove described property had been within the corporate
Industrial District Agreement - 5
limits of City and appraised by City's independent appraiser,
reduced by the amount of City's ad valorem tax on the annexed
portion thereof as determined by appraisal by the Harris County
Appraisal District.
Nothing contained in Article II(B)(1) 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.
This Agreement shall extend for a period beginning on the 1st day
of January, 1980, and continue thereafter until December 31, 1986,
unless extended for an additional period or periods of time upon mutu-
al 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, of the final calendar year of the term hereof, the agree-
ment of City not to annex property of Company within the District
shall terminate. In that event, City shall have the right to com-
mence immediate annexation proceedings as to all of Company's property
covered by this Agreement, notwithstanding any of the terms and pro-
visions of this agreement, and in such event Company agrees that if
the Texas Municipal Act, Article 970a (V.A.T.S.), is hereafter amended
or any, new legislation is 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 exists on the date of
Industrial District Agreement - 6
execution of this Agreement. 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. 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 indus-
try and are to the best interest of all citizens of City and encour-
age future City Commissions to enter into future industrial district
agreements and to extend for additional periods permitted by law
this Industrial District Agreement upon request of Company or its
assigns; provided, however, that nothing herein contained shall be
deemed to obligate either party hereto to agree to an extension of
this Agreement.
IV.
Company agrees to pay all ad valorem taxes, and all "in lieu of
taxes" payments hereunder, to City on or before December 31 of each
year during the term hereof. It is agreed that presently the ratio
of ad valorem tax assessment used by City is eighty per cent (80%) of
the fair market value of property. Any change in such ratio used by
City shall be reflected in any subsequent computations hereunder.
This Agreement shall be subject to all provisions of law relating to
determination of value of land, improvements, and tangible personal
property, for tax purposes (e.g., rendition, assessment, Board of
Equalization procedure, court appeals, etc.) for purposes of fixing
and determining the amount of ad valorem tax payments, and the amount
of "in lieu of tax" payments hereunder, except as otherwise provided
in Articles II and V hereof.
V.
(A) In the event Company elects to protest the valuation for
tax purposes set on its said properties by City or by the Harris
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. Notwithstanding such protest by Company, Company
agrees to pay ,to City on or before the date therefor hereinabove
provided, at least the total of (a) the total amount of ad valorem
taxes on the annexed portions, plus (b) the total amount of the "in
lieu of taxes" on the unannexed portions of Company's hereinabove-
described property which would be due by Company to City in accord-
ance with the foregoing provisions of this Agreement on the basis of
renditions which shall be timely filed by Company with City's Tax
Assessor -Collector or 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) valua-
tion on said property of Company has been so finally determined,
either as the result of final judgment of a court -of competent juris-
diction 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.
(B) Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant- to Article II(B)
above (which shall be given in writing to Company), Company shall,
within twenty (20) days of receiving such copy, give written notice
to the City of such disagreement. In the event Company does not
give such written notice of disagreement within such time period,
the appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall
also submit to the City with such notice a written statement setting
Industrial District Agreement - 8
forth what Company believes the market value of Company's herein -
above described property to be. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an agree-
ment 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 pro-
vided in subparagraph (1) of this Article V(B). Notwithstanding
any such disagreement by Company, Company agrees to' pay to City
on or before December 31 of each year during the term hereof, at
least the total of (a) the ad valorem taxes on the annexed portions,
plus (b) the total amount of the "in lieu" payments which would be
due hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder.
(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 Dis-
trict of Texas appoint the third arbitrator who, (as the "Im-
partial Arbitrator") shall preside over the arbitration pro-
ceeding. The sole issue to be determined in the arbitration
shall be resolution of the difference between the parties as
to the fair market value of Company's property for calculation
of the "in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all rele-
vant and material evidence on that .issue including expert
opinion, and shall render its written decision as promptly as
practicable. That decision shall then be final and binding
upon the parties, subject only to judicial review as may be
Industrial District Agreement - 9
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 Com-
pany and the City, provided that each party shall bear its
own attorneys fees.
(C) Should the provisions of Article II(B) of this Agreement
become impossible of enforcement because of (1) the invalidity or
unenforceability of the Texas Property Code (S.B. 621, Acts of the
65th Texas Legislature, Regular Session, 1979), or any relevant
provision thereof, or (2) because of any material delay or failure
to act on the part of the Harris County Appraisal District, then
and in any of such events, all payments under this Agreement shall
be governed by the provisions of Article II(A) hereof; anything
to the contrary in this Agreement notwithstanding.
VI.
City shall be entitled to a tax lien on Company's above -described
property, all improvements thereon, and all tangible personal prop-
erty 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.
VI I.
Company agrees to provide to City at Company's expense, a survey
plat and field note description of the lard and improvements which
Company petitions to be annexed in accordance with the provisions of
Article II above. Such annexation tract shall be contiguous to a
point on the existing corporate limits of La Porte. In the event of
failure of Company to file either such petition, or such description,
City shall have the right by notice in writing to Company to cancel
and terminate this Agreement.
Industrial District Agreement - 10
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns, affiliates
and subsidiaries, and shall remain in force whether Company sells,
assign, 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 con-
tained 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.
IX.
If City enters into an Agreement with 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.
ENTERED INTO this 27th day of May, 1981.
ATTEST:
ter. 7
- E!:e:�t �y/-- �JE !Sw =e2f
ROHM AND HAAS BAYPORT INC.
7���By IV
R. D. Gil ert, President
L
Industrial District Agreement - 11
CITY OF LA PORTE
M
ATTEST:
City Clerk
APPROVED BY COUNSEL:
KNOX W. ASKINS, City Attorney
702 W. Fairmont Parkway
P. 0. Box 1218
La Porte, Texas 77571
Telephone: ('113) . 471-1886
ATTORNEY FOR COMPANY
J. J. Meza, Mayor
City Commissioner
City Commissioner
City Commissioner
City Commissioner
(Revised: 8-79 )
a r _ r•
`� .•, t'
Exhibit A
��I gl-1�Z6
METES AND BOUNDS DESCRIPTION
.60.155 Acres (2,620,365 Square Feet)
•r
i
u Being a tract or parcel of land containing 60.155 acres (2,620,365 square feet) L
in the Richard Pearsall 1/3 League, A-625, Harris County, Texas, and being more
particularly described as follows with all bearings referred to the Texas
Coordinate System, South Central Zone:
COMMENCING at.a copperweld rod stamped "3075" found at the southeast corner of the
intersection of Bay Area Boulevard (150 feet wide) and of record in Volume 7235,
Page 135 of Harris County Deed Records (H.C.D.R.) and Fairmont Parkway (250•feet
wide), same point being the northwest corner of a 17.466 acre tract owned by Airco
Inc. and recorded in Film Code 115-99-2206, File Number F906432 of the Harris
County Official Public Records•of Real Property;
THENCE, South 00°59'50" East, 831.10 feet (called S 01.000'45" E, 831.10 feet)
along the line common to said Bay Area Boulevard and said,Airco Inc. tract to a,
copperweld rod reset and stamped "3076" and the "POINT OF BEGINNING" and the
northwest corner of the herein described tract;
THENCE, North 86°50'40" East 932.45 feet (called to 86°52'54" E, 932.45 feet) along
the south line of said Airco Inc. tract to a copperweld rod reset and stamped "3077
said point also being the southeast corner of said Airco tract;
THENCE, North 86°47'30 -East, 639.02 feet (called N 86°52'54" East, 638.94 feet)
to a copperweld rod found stamped "3097" and being in the southeast line of a
20 foot wide pipeline easement granted to Tennessee Products Pipeline Company and
recorded in Volume 3340, Page 188, H.C.D.R.;
THENCE, South 34°11'29" Jest, 341.32 feet (called S 34010'10" W, 341.36 feet) along
said southeast.line to a copperweld rod found stamped "3096";
THENCE, leaving said southeast line, North 86°52'54" East, 640.39 feet (called
N 86p 521 54II E, 640.48 feet) to a copperweld rod found stamped•"3086" and being in
the west line of a Harris.County Flood Control fee strip (185 feet wide) known as
Drainage Ditch C, Tract 1 and being of record in Volume 8260, Page 124, H.C.D.R.;
THENCE, along said west line, South 03000'00" East (called S 03001'29" E) at
752.14 feet pass a copperweld rod found stamped "2956" in all a total distance of
1102.39 feet to,a copperweld rod reset and stamped "2957", and being in the north
line of an Houston Lighting and Power fee strip (120 feet wide) of record in
Volume 7146, Page 375, H.C.D.R.;
THENCE, along said north Line, South 87°26'21" blest (called S 87026'12" 14) at
1516.02 feet pass a copperweld rod found stamped "2954", and being in the north-
west line of a 20 foot wide pipeline easement granted to Tennessee Gas Transmissior
Company and recorded in Volume 3007, Page 706, and Volume 3135, Page 261, H.C.D.R..
all a total distance of 2052.90 feet to a coppervleld rod reset and stamped "2951"
and being in the east right-o`-way of said Bad Area Boulevard;
THENCE, along said east line of Bay Area Boulevard, North 00°59'50" 'Jest (called
N 01000'45" W) at 80.00 feet pass a copperweld rod found stamped "2952", in all
a total distance of 1353.34 feet to the POINT OF BEGINNING and containing 60.155
acres (2,620,365 square feet) of land.
Compiled by:
SURVCON INC.
Houston, Texas
Job #5059-031
February 1980
7# .
2Q55
LO�9fC1STC1';�:
�`�C••SUF�'
RECORDER'S ME'AORAN"M
AT THE TIME OF REC"RDATION, THIS
HT w S r'j Unp TO �' t..AO E-O li r.TE
Vol;IN- THE HE:",T P�,pT OC,H AYCAH9DHR0'R UCTIOH
BECAUSE OF ILLti:b'•H'LITT. 'ABC ETL.
PHOTO GOP�fr Di6COLOkED
STATE OF TEXAS t
COUNTY OF HARRIS S
1 hereby certify that this Instrument was FILED In
FlIs Number Sequence on the date slid at the time stamped
hereon by me; and was duly RECORDED, In the Otllclel
Public Records of Real Property of Harris County, Texas on
JUL 8-1980
M D�
COUNTY CLERK,
HARRIS COUNTY, TEXAS