HomeMy WebLinkAbout2000-IDA-35
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ORDINANCE NO. 2000-IDA-35
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH LYONDELL CHEMICAL COMPANY,
FOR THE TERN COMKENCING JANUARY 1, 2001, AND ENDING DECEMBER 31,
2007; MAKING VARIOUS FI~INGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
LYONDELL CHEMICAL COMPANY 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, 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, Chapter 551, Texas Government
Code; 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.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 23rd day of October, 2000.
By:
CITY OF LA PORTE
N~~~~-
oman L. a one,
Mayor
ATTEST:
~(JJ1IiJv (). Jided
Mar ha A. Gillett
City Secretary
AP~D:
Z;;~ ?t)
Knox W. ASkins,
City Attorney
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NO. 2000-IDA-~
STATE OF TEXAS
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COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and LVClNOt.u.. c.we:IW\)(.AL. Com PANY
,a l)eLAwASl.~ corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No~ 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land");
and said Land being more particularly shown qn 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:
PINAL 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 industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
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 Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appr'aisal for "in lieu" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible 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, improvements, 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 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");
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 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, 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
sha II pay to City . an amount " in I ieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. 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 tangible 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 tangible 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 ~t 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 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the 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 City 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 leased 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 January 1 thereafter of the
applicable 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 City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 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
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, 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 belong~ng 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
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
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
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
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 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 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 the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.s. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company'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, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice 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
Ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is.in effect1 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 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,
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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 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, 2001.
L YO,J bE. LL C HEhJ leAL &JIYJ~A Nt
(COMPANY)
By:
~ e,t/IJA1j
Na~: e~/c c,. YAILToz.-
Title: A~SJS"4Nr S6G/t..G7,.~jI
Address:
ATTEST:
~(jd/J~ ;/4tU(
Cit Secretary
By:
~ OF LA PORTE
~ V~
N rman~~ .
Mayor
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Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By: ~ T, \t~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471-2047
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"EXHIBIT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
ARCO CHEMICAL COMPANY
(Metes and Bounds Description of Land)
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TO I~DUSTRIAL DISTRICT AGRED1EX"
~TWEEN THE CITY OF LA PORTE ~
., A.'JD .,
ARCO CHEXICAL CO~~~\~
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KETES AND BOUNDS DESCRIPTION
23.8225 ACRES (1~037,707 SQUARE FEET)
PART 'OF THE ARCO CHEHICAL COHPANY 100 ACRE .TRACT
WIT_HIN THE LA PORTE INDUSTRIAL DISTRICT
Being 23.8225 acres (1,037,707 square feet) of land situated in
the G~orge B. Kckinstry League, Abstract 47, Harris County,
j~x~5. and being out of th~t certain 100.0000 acr~ tract of l~nd
~~ny~y~d to AReO Chemical C~mpany by instrument recorded under
File Number H728181 and Film Code 182-70-1786 of the Harris
County Official Public Records of Real Property: said 23.8225
~cres (1.037,707 square feet) of land being more particularly
d~scribed by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found for the northwest corner
~f said 100.0000 acre tract. same being the northwest corner of
the herein described tract of land, and being in the east
right-of-way 1inp. of Bay Area Boulevard, based on 150 feet in
width:
THENCE N 87-26-12 E 2286.50 feet to a 5/8 inch iron rod found for
the northeast corner of said 100.0000 acre tract, same being the
northeast corner of this tract, and being in the west line of a
Harris County Flood Control District Fee Strip, called Ditch "C",
Tract 2. recorded und~r File Numbe~ 0239800 and Film Code
123-38-0888 of the Harris County Official Public Records of Real
Property:
THENCE S 10-08-23 E 450.79 feet, with the east line of said
100.0000 acre tract, same being the west line of said Ditch "C'.,
Tract 2, to . S/8 inch iron rod ..t for th. southe.at corner of
t.his t.ract.:
THENCE S '87-26-12 W 2358.03 feet to a 5/8 inch iron rod found for
the sout.hwest corner of this tract and being 1n the west line of
s~id 100.0000 acre tract, same being the east right-oi-way line
of said Bay Area Boulevard:
THENCE N 01-00-45 W 447.02 feet to the PLACE OF BEGINNING and
containing 23.8225 acres (1,037,707 square feet) of land.
Texas Land Surveying Company
P.O. Box 5825 Pasadena. Texas- 77508
Job No. 0108-004C-l October 8, 1990
--------------------------------
Peter L. Willms
Registered Proleselonal Land Surveyor
Texas Registrat.ion No. 1742
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EXHIBIT "A-l"
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND LYONDELL CHEMICAL COMPANY
1. City and Company agree that the real property of Company, more
particularly described on Exhibit "A" of this Industrial District
Agreement, is presently unimproved, and unannexed to' the City,
except for existing "strip" annexations, if any. City and Company
further agree that Paragraph I hereof is hereby amended, to provide
that during the term of this Industrial District Agreement, and for
such period of time that said real property remains unimproved,
that City will not annex said property; provided, however, City
reserves the right to conduct "strip" annexations as may be
required by law in connection with annexation of land other than
that owned by Company. Company agrees to render to City and to pay
as "in lieu of taxes" on Company's said unimproved land, an amount
equal to the sum of 100% of the amount of ad valorem taxes which
would be payable to City if all the hereinabove described property
of Company had been wi thin the corporate limi ts of ci ty and
appraised each year by City's independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain
in full force and effect during the term of this Industrial
District Agreement; provided, however, at such time as Company
commences improvements to Company's hereinabove . described real
property, Company shall be entitled to pay an amount "in lieu of
taxes" on Company's land, improvements, and tangible personal
property on the above described property, in accordance with
Paragraph III of this Industrial District Agreement.
3 . Company agrees that the real property of Company herein
described shall not be used as a site for commercial hazardous
waste incineration, i.e., incineration of hazardous wastes
generated offsite; provided, however, city does not waive its
rights reserved under Paragraph I of this agreement.
4. Except as amended by the terms and provisions of this Exhibit
"A-1" , the terms and provisions of the Industrial District
Agreement, to which this Exhibit "A-1" is attached, shall remain in
full force and effect for the term of this Agreement, expiring
December 31, 2007.
ENTERED INTO effective the 1st day of January, 2001.
LYONDELL CHEMICAL COMPANY
By:
~ (',Q4>
me: ~/<Ic.. C. VA~ r?-
Title: 77'9)( (!{)UAJ5~L
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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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"EXHIBIT e"
Page 1 of 2
RULES AND REGULATIONS
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 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 nAn
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 identification 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 Fairmont 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 effective visual screening
of the development. Existing trees 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 8' 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 e"
Page 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 Ci ty to determine a sui table landscaping
alternative.
3. Driveways opening from said strip of 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 Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject 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 City 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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Eric C, (Rick) Vertz
Tax Counsel
iJ LYO"DELL
September 25, 2000
One Houston Center
1221 McKinney. Suite 1600
P,O. Box 3646
Houston, Texas 77253-3646
Tel 713 652-7456
Fax 713 951-1628
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ASST. CIT~~Jj!~Y>lAGER-'
C~:'!c::
Mr, John Joerns
Assistant City Manager
City of La Porte
P.Q, Box 1115
La Porte, Texas 77572-1115
Re: La Porte IDA
Dear John:
Enclosed are the following:
Battleground Water Distribution Company
The signed IDA contract for Battleground Water Distribution Company, As you correctly
state in your letter dated September 20, 2000, the Battleground Water Distribution
Company is not a "company" at all; rather, it is simply a cost sharing arrangement
among four companies to build and maintain a process water pipeline that runs through
the Industrial District, Equistar is the current manager, As an aside, the companies
refer to this as the "Distribution" Company, not "Supply" Company, I have executed the
contracts in the name of the Battleground Water Distribution Company,
Lyondell Chemical Company
Enclosed is the executed acknowledgement and warranty that the previous Exhibits "A"
and uB" are still current for the Lyondell Chemical Company contract. I previously mailed
you the executed Lyondell contract (which, I'm embarrassed to admit, I found in my in
box shortly after requesting another copy from you),
This should complete the execution and filing of La Porte Industrial District contracts for
Equistar Chemicals and Lyondell Chemical Company,
Annexed Area
(
I know that La Porte does not have the problem with HCAD that confronts Deer Park
regarding annexed land, Does La Porte have a plat map or any sort of survey that
shows the annexed portion of the land that is included in the La Porte contract's
computation? It's rather academic, given the mechanics of the contract's computations,
but several companies, mine included, have wondered where the line gerrymanders, If
Lyondell Pelrochemicat Company
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a plat map is conveniently available, I would like to make it available to at least the major
companies in the Industrial District. ~
Thank you for your attention to this matter. If you have any questions, please call me.
Sincerely,
~ l(u[
Rick Yartz
.e
;,,f. lr: eEi VED
,'Q ,~ .!611
SEP 2 2 2000
Cifry (Q)f lLal IP(Q)Irft(et'~ DEPT. .LPC
Established 1892
e
September 20, 2000
Lyondell Chemical Company
Attn: Rick Yartz
P,O, Box 3646
Houston, Texas 77253-3646
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Yartz:
In response to your e-mail on September 18, enclosed are two copies of the IDA agreement and copies
of Exhibits "A" and "B" used last series. When a company asks to use Exhibits "A" and "B" from the
previous IDA, we ask that they acknowledge and warrant that the exhibits are current. If changes have
occurred, please send us (2) new Exhibits "A" and "B" no later than September 30,
Please indicate your acknowledgement and agreement by signing and returning this letter along with
executed IDA's, Once these matters are resolved we will present these documents to City Council for
approval and return an original set to you, If you have any questions or concerns regarding this matter
call me at (281) 471-5020,
Thank you for your cooperation in this matter.
Use previous Exhibit "A"
Use previous Exhibit "B"
New Exhibit "A" to be furnished
New Exhibit "B" to be furnished
[;r
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o
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L"(olllDLLL. C.t+en)/~L.. tb./(\/lfJJlrl
(Company)
y. ~/PiUc - -
By: ~ 7' I,ASS'5"'AI\ff>i~----r
Name: L "IollltJel.c... (Jr/..EMIl.-IIL COMfJ,4AJY
Title: ASSISTANT $CGA.~7.AILJI
Address: c./D PRcPtA.ry rAJi o'Pi.
P. (). fx)x ~ & 4t.
Ho,nTo~( 1'"eXA.t' "7"12..SJ-3/Af..
P,O. Box 1115 0 La Porte, Texas 77572-1115 0 (281) 471-5020
e
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City of La Porte
Established 1892
September 20, 2000
Lyondell Chemical Company
Attn: Rick Yartz
P.O. Box 3646
Houston, Texas 77253-3646
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Yartz:
In response to your e-mail on September 18, enclosed are two copies of the IDA agreement and copies
of Exhibits" A" and "Boo used last series, When a company asks to use Exhibits" A" and "B" from the
previous IDA, we ask that they acknowledge and warrant that the exhibits are current. If changes have
occurred, please send us (2) new Exhibits "A" and "BOO no later than September 30.
Please indicate your acknowledgement and agreement by signing and returning this letter along with
executed IDA's. Once these matters are resolved we will present these documents to City Council for
approval and return an original set to you. If you have any questions or concerns regarding this matter
call me at (281) 471-5020.
Thank you for your cooperation in this matter.
Use previous Exhibit "A"
Use previous Exhibit "B"
New Exhibit" A" to be furnished
New Exhibit "B" to be furnished
Yes
o
o
o
o
No
o
o
o
o
(Company)
By:
Name:
Title:
Address:
P,O, Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
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EXHIBIT "A-l"
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND LYONDELL CHEMICAL COMPANY
1. City and Company agree that the real property of Company, more
particularly described on Exhibit "A" of this Industrial District
Agreement, is presently unimproved, and unannexed to the City,
except for existing "strip" annexations, if any. City and Company
further agree that Paragraph I hereof is hereby amended, to provide
that during the term of this Industrial District Agreement, and for
such period of time that said real property remains unimproved,
that City will not annex said property; provided, however, City
reserves the right to conduct "strip" annexations as may be
required by law in connection with annexation of land other than
that owned by Company. Company agrees to render to City and to pay
as "in lieu of taxes" on Company's said unimproved land, an amount
equal to the sum of 100% of the amount of ad valorem taxes which
would be payable to City if all the hereinabove described property
of Company had been within the corporate limits of City and
appraised each year by city's independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain
in full force and effect during the term of this Industrial
District Agreement; provided, however, at such time as Company
commences improvements to company's hereinabove described real
property, Company shall be entitled to pay an amount "in lieu of
taxes" on Company's land, improvements, and tangible personal
property on the above described property, in accordance with
Paragraph III of this Industrial District Agreement.
3 . Company agrees that the real property of Company herein
described shall not be used as a site for commercial hazardous
waste incineration, i.e., incineration of hazardous wastes
generated offsite; provided, however, City does not waive its
rights reserved under Paragraph I of this agreement.
4. Except as amended by the terms and provisions of this Exhibit
"A-1" , the terms and provisions of the Industrial District
Agreement, to which this Exhibit "A-1" is attached, shall remain in
full force and effect for the term of this Agreement, expiring
December 31, 2007.
ENTERED INTO effective the 1st day of January, 2001.
LYONDELL CHEMICAL COMPANY
By:
~ c.t(4
N e: €~/(:... e.,)lAR../2--
Title: rA)< ~u,.J'7CL
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MAR 2 7 2000
)';\ v ....c~T. - l.PC
Citty of ILeal POlitte
Established 1892
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March 20, 2000
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'fo), ~ (UJ4[:
WI SEP 2 0 3D! j~j!
ASST. CITY MANAGER J
OFFICE
Lyondell Chemical Company
c/o Property Tax Department
P.O. Box 3646
Houston, TX 77253-3646
Gentlemen:
The City of La Porte and the committee representing industry have
reached final agreement on a form of Industrial District Agreement
for the seven year term commencing January 1, 2001. Copies of the
agreement are attached to this letter.
We also enclose a copy of the metes and bounds legal description
which was attached to your firm's current Industrial District
Agreement. Please review carefully, and revise as necessary to
reflect any additions or deletions to the legal description.
Please insert the proper corporate name and state of incorporation
on the first page, and the corporate name and the name of the
authorized officer executing the agreement, on the signature page.
Please attach Exhibit "A" and "B" legal descriptions to two copies
of the contract, and forward two fully executed copies of the
contract to the City of La Porte no later than May 1, 2000.
Executed agreements received by that date will be placed on the
City Council agenda of Tuesday, May 9, 2000, for formal approval.
Thereafter, your firm will be furnished with a certified copy of
the City's approval ordinance, and a fully executed copy of the
agreement.
We at the City of La Porte feel that the continuation of Industrial
District Agreements, which first commenced in the City of La Porte
in 1958, is mutually beneficial to the City and the nearly sixty
, companies with which it has such agreements.
Thank you for your cooperation in this matter.
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Enclosures
Yours very truly,
CITY OF ~ ,.l'ORTE
By:
Q~T.~
Robert T. Herrera, City Manager
P,O, Box 1115 0 La Porte, Texas 77572-1115 0 (71.3) 471-5020
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Cilty of 1Leal JPOlLlte
Established 1892
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,ASST. CITY MANAGER .
OFFICE
March 20, 2000
Lyondell Chemical Company
c/o Property Tax Department
P.O. Box 3646
Houston, TX 77253-3646
Gentlemen:
By letter dated March 20, 2000, the City of L~ Porte forwarded to
your firm, execution copies of an Industrial District Agreement for
the seven year term commencing January 1, 2001.
Inadvertently, Exhibit A-1, which was attached to your present
Agreement, was not attached to the documents mailed to you.
Enclosed with this letter are two copies of Exhibit A-1, which I
would appreciate your executing, along with the Industrial District
Agreements previously forwarded to you, and return to the City of
La Porte.
We apologize for any inconvenience that this may have caused you.
Yours very truly,
CITY OF LA PORTE
By:
Q~T.~
Robert T. Herrera, City Manager
RTH:sw
Enclosures
RECE1,.VED
MAY 0 2 2000
TAX DEPT. .LPC
P.O.B(lxII15 0 LaP(lrte.Texas77572-1115 0 (7\3)471-5020
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PROFESSIONAL SERVI C E.
CONFORMS TO THE CURRENT TEXAS SOCIETY OF PROFESSIONAL
SURVEYORS STANDARDS AND SPECIFICATIONS FOR A
CATE GORY IA
TEXAS LAND SURVEYIN G COMPANY
P.O, BOX 5825 PASADENA) r:XAS 77508
JOB NO, 0108_005 FEBRUARY 131 99
PETER L WILLMS
REGISTERED PROFESSIUNAL LAND SURVE:YOR
TEXAS REGISTRATION NO, 1742
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City of L~ Porte
Established 1892
November 27,2000
Lyondell Chemical Company
Attn: Rick Yartz
P,Q. Box 3646 .
Houston, Texas 77253-3646
Re: Industrial District Agreement (IDA) (Series 2001-2007)
'. De~ Mr. Yartz:
Enclosed is a fully executed duplicate original of the Industrial District Agreement between
your fIrm and the City of La Porte, effective January 1, 2001, for the term expiring
December 31, 2007. I also enclose a certifIed copy of the City's approval ordinance, for your
records.
This year's negotiations went very smoothly and I wish to thank you for your cooperation,
Both City Council and I appreciate the positive relationships with Industry that these
agreements have fostered.
If my office can ever be of assistance to your frrm, please do not hesitate to call.
Respectfully,
a~ T: ~~
Robert T. Herrera
_City Manager
Enclosures
P,Q, Box 1115 e La Porte, Texas 77572-1115 e (281) 471-5020