HomeMy WebLinkAbout2000-IDA-24
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NO. 2000-IDA-~
STATE OF TEXAS
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APRl 2 '2000 lW
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CO~TY OF HARRIS
CllY MANAGER'S
OFFICE
INDUSTRIAL DXSTRICT AGREEMENT
This AGREEMENT made and entered in'to by and between the CITY'
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and --.:a~e:c..w ~&- ~~
, a corporation, here1nafter
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 Counc::;il as being ill the best interest of the
City and its citi~ens; 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 wi thin a designated
Industrial District of the City of Lcl Porte, said land being
legally described on the attached Exhibit "A" (herei,.nafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
si te 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 t,he expansion and growth of
industrial plants within said Distric,ts 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:
FXNAL DRAFT: February 24, 2000
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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 industricLI 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 ~ny
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 exerc:ise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and ,regulations attached
hereto as Exhibit "C" and made a part hereof; and 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 sessi.on, 1979, as amended), the
appraised. value for tax purposes of the annexed portion of Land,
improvements, and tangible personal propE~rty 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 necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangi.ble personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvementsl, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
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 propertie~;. which the Company must
render and upon which the "in lieu of" tClxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement. .
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other a:rrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December :31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, 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 anamount "in lieu of
taxes" on Company's Land, improvemente; and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tanc:rible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tang'ible personal property
(excluding inventory) 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, 2000; 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 Property value established on January I, 2000,
an amount equal to the amount of the depreciation
will be removed from thla calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of lea.sed equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each Ja,nuary 1 thereafter of the
applicabie Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,'
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in accordance with the applicable provisions of the Texas
Property Tax Code. '
wi th the sum of 1, 2 and 3 reduced by the amount of ci ty' s ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and Ci ty as provided by the
MUJ:licipal 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, 2007, 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 add.itional period or periods
by agreement between ci ty 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 o:f 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 Ci1::y or by the Harris county
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, :~plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to ci ty in accordance wi th the
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foregoing provisions of this Agreement ()n the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on, said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determina,tion of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagr,eement, 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 hereunde~. 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 submi t the dispute to final arbi tration 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 t:he annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's va,luations 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 o:f the U. S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"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
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbi tration Act (Chapter 171, "General
Arbitration", Texas civil Pra(::tice and Remedies Code).
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
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or enters into..a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is,in effect~ which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
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 ~uch agre~ment 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,
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corporation or circumstances shall bE! held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then ~he application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, articl~
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement ahd the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
. Upon the col'ilmencement of. the term of this Agreement, all other
, previously ~xisting indus,trial district clgreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
ATTEST:
ox w. Ask1ns
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1a86
Fax: (281) 471~;2047
-By:
By:
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(COMPANY)
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Address: __ ___ ~-__
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By: Gol.~ T\o ~~
Robert T. Herrera
ci ty ]~anager'
CITY OF LA PORTE
P.O. Box 1115
La P~rte, TX 77572-1115
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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DEED WITHOUT WARRANTY - LaPORTE
COMM01MEALTH OF PENNSYLVANIA
COUNTY or ALLEGHENY
KNOW ALL MEN BY THESE PRESENTS:
That USX Corporation, a Delaware corporation (hereafter sometimes
called "USX"), having an office at 600 Grant Street, Pittsburgh,
Pennsylvania 15230, for and in consideration of the Bum of Ten Dollars
($10.00) and other valuable consideration paid to USX by ARISTECH CHEMICAL
CORPORATION, also a Delaware corporation (hereafter sometimes called
"Grantee"), having a place of business on the 2Sth Floor, 600 Grant Street,
Pittsburgh, Pennsylvania 15219, the receipt of which is hereby acknowledged,
has grarited, sold and conveyed and by these presents does grant, sell and
convey to Grantee, its successors and assigns, the following two parcels of
land in Harris County, Texas:
PARCEL A
Part of Lots 36, 37 and 3S out of the STRANG SUBDIVISION,
according to the Hap or Plat thereof, recorded in Volume
75, Page 22, Deed Records, Harris County, Texas,
described by metes and bounds as follows:
COMMENCING at a 5/S inch iron rod found marking the
northwest corner of the ENOCH BRINSON SURVEY A-5 and
being in the east line of 150 foot H L & P FEE STRIPj
THENCE South 00. 01' lSd.East along the west line of said
ENOCH BRINSON SURVEY and the east line of said H L & P
fee strip, at 94.47 feet passing a 5/8 inch iron rod, in
all a distance of 1237.17 feet to a 5/S inch iron rod set
in the centerline of a 20 foot wide road as abandoned,
under County Clerk's File Number E-621007, to a point for
cornerj
THENCE South 89. 58' 31" East along said centerline of
abandoned road a distance of 1130.5S feet to 5/S inch
iron rod for cornerj
THENCE South 00. 01' IS" East a distance of 10.00 feet to
a 5/S inch rod said rod marking the common north corner
of Lots 31 and 32 of the aforementioned STRANG
SUBDIVISIONj
TIIENCE South S9. 5S' 31" East along the north line of
said STRANG SUBDIVISION and the south line of previously
said 20 foot vide abandoned road, a distance of 20S8.85
feet to point for cornerj
THENCE S~uth 00. 07' 12" East a distance of 160.14 feet
to a 5/S inch iron rod set marking the northwest corner
and PLACE OF BEGINNING of the herein described tractj
THENCE continuing south 00. 07' 12" East a distance of
1356.65 feet to a 5/S inch iron rod set for corner in the
north right-of-way line of STRANG ROAD {based on a width
of 60 feet)j
THENCE South 89. 5S' 57" East along the north line of
STRANG ROAD a distance of 60 feet to a 5/S inch iron rod
set for comerj
:ntiJ i CLSIl;lc; 12/2/86
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THENCE North 00. 07' 12" West a distance of 800.59 feet
to a 5/8 inch iron rod set for interior corner of herein
described tract;
THENCE East a distance of 1087.51 feet to a 5/8 inch iron
rod set for corner in the west line of a T. & N. O. R. R.
COMPANY 40 feet right-of-waYi
THENCE !forth 00. 06' OS" West along the west l1ne of said
T. & N. O. R. R. COMPAN1 right-of-way a distance of
556.08 feet to a 5/8 inch iron rod set marking the
northeast corner of the herein described tracti
THENCE West a distance of 1147.69 feet to the PLACE OF
BEGINNING. Containing 15.7528 acres of land.
PARCEL B
Field notes covering a tract of land containing 100
acres, more or less, being part of and out of Lots 33,
34, 35, and 3~, Strang Subdivision, as per map or plat of
said Subdivision recorded in Vol. 75, Page 22, and Volume
1196, Page 725 of the Deed Records of Harris County,
Texas and being also part of and out of Lots 12, 13, 14,
and 15, Blackwell's Subdivision of Perry's 307 Acres, as
per map or plat of said subdivision recorded in Volume
83, Page 343, and Volume 1322, Page 350, of the Deed
Records of Harris County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 3/4 inch iron rod on the northerly
line of Strang Road at the southwest corner of the herein
described trac,t of land, said point being S 89. 58' 57" E
a distance of 114.80 feet from a Texas Highway Department
concrete monument at the intersection of the northerly
line of Strang Road, 60 feet wide, and the northeasterly
line of State Highway 225, 370 feet widei
TIIElICE S 89. 57' 59" E along the northerly l1ne of
Strang Rd. a distance of 1384.77 feet to a 1/2 line iron
rod for cornerj
THENCE N O. 07' 00" W, at 1517.04 feet pass the
southerly l1ne of a 20-foot wide d'edicated road, in all a
total distance of 2,724.36 feet to a 1/2 inch iron rod
for corner;
THENCE N 89. 58' 31" W, along the south line of the
T. & N. O. R. R. right-of-way, 40 feet wide, and
following a line parallel to and 40 feet south of the
north line of the Enoch Brinson Survey a distance of
l644.00 'feet to a 1/2 inch iron rod for cornerj
THENCE S O. 07' 00" E a distance of 1,187.32 feet to
a 1/2 inch iron rod for corner in said 20-foot wide
dedlc;:.ted roadi
THENCE 5 89. 58' 31" E along the northerly line of
said 20-foot wide dedicated road a distance of 61.74 feet
to a point for cornerj
THENCE 5 O. 01' 18" E along the Nettie N. Moody
tract of land described in deed recorded in Volume 2217,
Page 5 of the Deed Records of Harris County, Texas, on
the westerly line of Lot ~3, on the easterly line of Lot
32, a ~istance of 1537.24 feet to the PLACE OF BEGINNInG.
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SUBJECT, with resppct to Parcels A and B, t~ all
restrictions, covenants, conditions, rights" interest/!
and estates of record and easements, rights of way and
utility easements whether or not of record to which USX's
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ri~hts sre s~~ject.
The source of title to PARCEL A is the deed from:
Selected Land, Ltd. to USS Rovamont, Inc. da~~d July 3,
1980 filed for record in the Official Public Records of
Real Prorerty of lIarris County, Texas under County
Clerk's File No. G592578 and recorded under Film Code No.
161-89-0604 of the Official Public Records of Real
Property of Harris County. Texas.
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The source of title to PARCEL B is the deed from
David M. Cummings Jr. to Novamont, Inc., a Delaware
corporation, dsted August 14, 1975 snd filed for record
in said records under County Clerk's File No. E514104 and
recorded under Film Code No. 125-11-2297 of said records.
By Restated Certificate of Incorporation filed in the office of the
Secretary of State of the State of Delaware on July 19, 1979 Novamont
Corporation Changed its name to USS Novamont. Inc.
By Certificate of Ownership effective December 31, 19B1 filed in
the office of the Secretary of State of the State of Delaware, USS Novamont,
Inc. merged into United States Steel Corporation, a Delaware corporation.
By Certificate of Ownership and Merger dated July 9, 1986 between
United States Steel Corporation (a Delaware corporation), and USX
Corporation (also a Delaware corporation and a wholly-owned subisidiary of
said United States Steel Corporation) and filed on July 9, 1986 in the
office of the Secretary of State of the State of Delaware, USX Corporation
was merged into United States Steel Corporation. which in the process
changed its name to USX Corporation. This lilergeJ~ and change of name were
evidenced by an amended Certi flcate of Authority issued to USX Corporation
on July 14~ 1986 by the Secretary of State of the State of Texas.
To have and to hold the above described premises, together with all
and singular the rights and appurtenances thereto in any wise belonging,
unto said Grantee, its successors and assigns forever.
USX Corporation conveys the foregoing to Grantee
of title of any kind, express, implied or other and shall
Grantee, its successors and assi~ns, for any title defect
encumbrances on the title to, the foregoing.
"(t.
Witness the due execution on this ~ day of
ATTES~: USX CORrORATION
/; I .<,. . ',f:... ~, '
By". . ' .
5eni-or Vice President-Finance
without warranty
not be liable to
in, or lien or
il" ',. bo.., , 19C
~~
Assistant Secretary
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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ORDINANCE NO. 2000-IDA-24
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH ARISTECH CHEMICAL
CORPORATION, POR THE TED CODENCING JAHUARY 1, 2001, aD ENDING
DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVI~IONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFPECTIVE DATE HEREOF. .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. . ARISTECH CHEMICAL CORPORATION has executed an
industrial district agreement with the City of La Porte, for the
term commencing January' 1", 2001', and ending :December 31, 2007, a
copy of which is attached hereto, incorporated by reference-herein,
. '
and made a part hereof for all purposes.' "
Section 2. The Mayor, t~~ 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 offi<:::ially 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, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at al.l times during which this clrdinance 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.
section 4. This Ordinance shall be effective from and, after its
.;.
passage and approval, and it is so orderlad.
.
J
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PASSED AND APPROVED, this 28th day of August, 2000.
ATTEST:
~~~ }111)11
Martha A. Gillete
City Secretary
AP~ tI~
Knox W. Askins,
City Attorney
By:
~
Normcln L. Malone,
Mayor
2
~~
/
l
.
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"EXHIBIT C"
paqe 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, S"tate Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said lOa' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-Of-way.
. Freestanding "identif ication signs for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmcmt Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and E!ffecti ve visual screening
of the development. Existing t:rees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and S' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
# ..
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"EXHIBIT C"
paqe 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip o:f land onto state Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the city's Code of Ordi.nances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subj ect to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the ci ty and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
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1f111 MAY 2 3 2000 I!JJ
ARISTECH4111111
CITY MANAGER'S
OFFICE
May 18, 2000
Mr. Robert T. Herrera
City of LaPorte
PO Box 1115
LaPorte, 1]( 77572-1115
RE: Aristech Chemical Corporation \
IDA (Series 2001-2007) - Exhibit B
Dear Bob:
Enclosed are two (2) copies of Exhibit B to Aristech Chemical Corporation's Industrial
District Agreement for the years 2001 - 2007.
Feel free to call me at 412.316.1366 if you have any questions.
..... .-+0. ...... _~.,b.....~
..~- .--..1..- ..-J
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Aristech Chemical Corporation
ARISTECH~IIIIII 210 Sixth Avenue Address 0:1'
Pittsburgh, PA 15222'2611 w(l)
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P nJ~'~e1'4#'riti c:a:
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Mr. Robert T. Herrera
City of LaPorte
PO Box 1115
LaPorte, TX 77572-1115
AUt.1.':E:
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RECEIVED
MAY 22 2000
CITY SECRETARY'S
OFFICE
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City of La Porte
Established 1892
April 24, 2000
[5) lIE a: lED VIlE l~
rill MAY 2 2 2000 [lW
CITY MANAGER'S
OFFICE
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Aristech Chemical Corporation
Ann: Tax Department
600 Grant Street, -Room 980
Pittsburgh, PA 15219-2704 '
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Gentlemen:
Two executed originals of th~ Industrial District Agreement (IDA) were received from you on
April 12, 2000. While revieting the documents for completeness, w~,.~Q.tic..~..y.<>.YLfi~ dt4,V:9t .
furnish an Exhibit "B". If YQu warrant that Exhibit. "B" furnished for the previous IDA
(Series 1994-2000) is current) we will attach the previous Exhibit "B" to both originals. ,~f changes
have occurred, please send u~ (2) copies no later than June 1, 2000. -, .." - --'..' ,- .'., ,..' .
. . "
, . .
Please indicate your acknowledgement and agreement by signing and returning this letter. Once
these matters are resolved we. will present these documents to City Council for approval and we
will return an original set to you. If you have any questions or concerns regarding this matter call
John Joerns at (281) 471-5020.
Thank you for your cooperation in this matter.
Since~ely , 1
~T.~!
Robert T. Herrera I
City Manager
, .
Yes No
, .' ". ," ~seprevious ~Exhibit~"'., . ,0 0
New Exhibit "B" to be furnished '. ~ 0
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, ':" '. ',' '. '.',' ,,' ...' .',.,., " "" "':..', .:.. ",'. ,'.,;''',:' .,.,(E~ptp~ny)
, ' ," ~' ':,'. ", ...' '," :' By" . ','~":',:,: ',?,~
' N '.'~~.:~~
Title: m6~--r~~ CL.~
Address: 'a\O ~c\- ~
P,O. Box IllS · La Porte, Texas 77572-1115 · (281) 471~5020 Y:;'~\l~1 ~ ,~~
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ARISTEC~IIIIII
Aristech Chemical Corporation
210 6th Avenue
9th Floor - Tax Dept.
Pittsburgh, PA 15222
July 24, 2000
Mr. Brian Sterling
City of La Porte
604 West Fairmont Parkway
P.O. Box 1115
La Porte, Texas 77571
RE: Aristech Chemical Corporation
Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Sterling:
Enclosed please find the Exhibit B surveys (Plat) that corresponds to Exhibit A.
Thank. you for your earliest attention with this matter.
If you have any questions, please do not hesitate to call me at (412) 316-1363.
Sincerely,
~~~
Supervisor - Tax Compliance
.. ''', ~
.
.
City of La Porte
Established 1892
.5tr:'r:c1 j':JdJr[S5:
l.,o Lf tAl, tJ'H y mO Yl r-
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11.51' I
June 20, 2000
Aristech Chemical Corporation
Attn: James P. Lavorini
600 Gram Street, Room 980
Pittsburgh, PA 15219-2704
;;; 1.AJ:CK...., [j(f;.nS/vr........
~
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Mr. Lavorini:
Two executed originals of the Industrial District Agreement (IDA) were received from you
April 12, 2000. While reviewing Exhibits A & B we found the following:
)> Exhibit B does not reflect Parcels A or B on Exhibit "A".
Please forward a correct Exhibit "B" to us by July 20, 2000. Once these matters are resolved
we will present these documents to City Council for approval and we will return an original set
to you. If you have any questions or concerns regarding this matter call Brian Sterling,
. Engineering Technician, at 281-471-5020.
. Thank you for your cooperation in this matter.
Sincerely,
6<~ ,. \-t~
Robert T. Herrera
City Manager
c: Doug Kneupper, Director of Planning
Brian Sterling, Engineering Technician
P,O, Box 1113 · La Porte, Texas 77572-1115 · (281) 471-5020
.
..,
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;?~ .
City of ,La. Porte
Established 1892
April 24, 2000
Aristech Chemical Corporation
Attn: Tax Department
600 Grant Street, Room 980 . ',.
, Pittsburgh, PA 15219-2704
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Gentlemen:
Two executed. originals of the Industrial District Agreement (IDA) were received from. you on
April 12, 2000. While reviewing the documents for completeness, we noticed your firm did not
furnish an Exhibit "B". If you warrant that Exhibit, "B" furnished for the previous IDA
(Series 1994-2000) is current, we will attach the previous Exhibit "B" to both originals. If changes
have occurred, please send us (2) copies no later than June 1,2000.
I
Please indicate your acknowledgement and agreement by signing and returning this letter. Once
these matters are resolved we will present these documents to City Council for approval and we
will return an original, set to you. If you have any questions or concerns regarding this matter call
lOD Joerns at (281) 471-5020.
Thank: you for your cooperation in this matter.
Sincerely,
~T,~
Robert T. Herrera
City Manager
Use previous "Exhibit B"
New Exhibit "B" to be furnished
Yes No
o 0
o -0
(Company)
By:'
Name:
Title:
Address:
P.o, 'SOl'- 1115 · La Porte, Texas 77572-1'115 · (281) 471~5020
.
.,.;~
City of La Potte
Established 1892
September 29,2000
Aristech Chemical Company
i\tbn:~oreenFt. i\darns
210 6th i\ venue
9th Floor, Tax Department
Pittsburgh, P i\ 15222
Re: Industrial District Agreement (IDA) Series 200]l-2007
Ms. i\dams:
On September 7, the City mailed you the fully executed duplicate original of the
Industrial District i\greement between your firm and the City of La Porte, and a certified
copy of the City's approval ordinance.
The City has since received the revised Exhibit "B" provided on July 24 and found that
Exhibits "i\" and "B" conform.
For your records, we have attached a copy of the correct Exhibit "B" that will be filed
with your IDi\.
Thank you for your c~operation and patience in this matter.
P,O, Box 1115. La Porte, Texas 7757.2-1I IS. (281) 47F5020
.
.
City of La Porte
Established 1892
September 7, 2000
Aristech Chemical Company
At~: T~ Department
600 'Gr~nt Street, Room 950'
Pittsburgh, PA 15219-2704
Re: Industrial District Agreement (IDA) Series 20~1-2l1)07
Dear Gentlemen:
Enclosed is a fully executed duplicate original of the Industrial District Agreement between
your firm and the City of La Porte, effective January 1, 2.001, for the term expiring
December 31, 2007. I also enclose a certified copy of the City's approval ordinance, for your
records.
As part of the document preparation, the City examined Exhibits "A" and "B" furnishe4 by
'your firm. While reviewing the documents, we found that:
Exhibit B does not reflect Parcels A or B 'on Exhibit A.
We feel that these exhibits will assist in monitoring the faithful performance of the Industrial
District Agreements as well as aiding long-range planning activities. '
If you do not have this information, cannot readily develop it, or need to discuss this request,
please contact John i'oerns, Assistant City Manager.
Thank you for your assistance in completing these documc:nts.
Respectfully,
aM T: ~~
Robert T. Herrera
City Manager
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
--
e
Cit1' of La Porte
Established 1892 '
June 20, 2000
Aristech Chemical Corporation
Attn: James P. Lavorini
600 Grant Street, Room 980
Pittsburgh, PA 15219-2704
Re: Industrial District Agreement (IDA) (Series 2001"-2007)
Mr. Lavorini:
Two executed originals of the Industrial District Agreement (IDA) were received from you
April 12, 2000. While reviewing Exhibits A & B we found the following:
> Exhibit B does not reflect Parcels A or'B on Exhibit "A".
Please forward a correct Exhibit "B" to us by July 20,2000. Once these matters are resolved
we will present these documents to City, Council for approval and we will return an original set
to you. If you have any questions or concerns regarding this matt~r call Brian Sterling,
EngineeriJ;lg Technician, at 281-471-5020.
Thank you for your cooperation in this matter.
Sincerely,
6<~'T.~~
Robert T. Herrera
City Manager
c: Doug Kneupper, Director of Planning
Brian Sterling, Engineering Technician
P,O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
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