HomeMy WebLinkAbout2000-IDA-39
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ORDINANeE NO. 2000-IDA-39
AN ORDINANeE AUTHORIZING THE EXEeUTION BY THE eITY OF LA PORTE OF
AN INDUSTRIAL DISTRIeT AGREEMENT WITH HUNTSMAN POLYMERS
eORPORATION, FOR THE TERM eOMMENeING JANUARY 1, 2001, AND ENDING
DEeEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJEeT; FINDING eOMPLIANeE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFEeTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
HUNTSMAN POLYMERS 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, 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
ci ty 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.
ATTEST:
1JJMtlmi tI..L4i./ Jd
Mar a A. Gillet~
city Secretary
By:
CITY OF LA PORTE
~~~
'N rman L. -Malo ,
Mayor
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NO. 2000-IDA- 39 {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
ZNDUSTRIAL DISTRIeT 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 ~'eITY", and #IINT.s,.,A,u AI..~~EJt..t C!e,/bI'odATluN
, a ..lJEt..1'I1A14/l.C corporat1on, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established poiicy of the City Council of
the c~ty 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 citiz$ns; 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 La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the ,City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement wi th 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
~utual 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 DRAPT: Pebruary 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 eith~r 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 i~stitute
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 wer~ 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 annex~d 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 pprtion 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 appraisal for " in lieu" payment purposes, such
appraiser must of necessi ty 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
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year") . .
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on company's Land, improvements and tangible personal
property in the 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 subparag~~ph 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 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 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 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 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, 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 legislati9ri 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 i~ connection therewith after the annexation of
such lan~, 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 eity 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
~ppraisal District for any year or years during the terms hereof,
nothing in this Agree~ent 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 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 faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of. disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute .to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, eompany 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
lIin 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 Arbit:rator") 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.
eity shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation 'of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any'disposition of the Land, and assignment of this
Agreement.
IX.
If city enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is. in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
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.
#t.l1I.I7Jfl?A'" tJ?4 ~"",,"lt.J t'~AA ntW
(COMPANY)
By:
~~.
i~~:4-!E _ A E..~~~..It..., r.;",
Address: Jo"'o JOUT tJAx 4LV Ii.
~v.J'nw rx 77D,rlJ,
ATTEST:
'J{j;14UJru fl. .I{aN'
Cl.t Secretary
~y OF LA PORTE
By: ~~ ~ z;;-----
, orman r;. MalO#
Mayor
AP~ttldr
Knox W. Askl.ns
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By: G~ To \l~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 471-2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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"EXHIBIT A"
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TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
1-1v~7 u.,l4"v ALYH~7'lJ C&4tJ/f"rnNJ
TRACT 3
METES AND BOUNDS DESCRIPTION
16.9560 ACRES OUT OF THE
GEORGE B. MCKINSTRY SURVEY, A-47
HARRIS COUNTY, TEXAS
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All that certain 16.9560 acres of land out of the George B.
McKinstry Survey, A-47, Harris County, Texas and being more
particularly described by metes and bounds as follows:
Commencing at a found 5/S" iron rod marked No. 2764 located in the
most westerly line of a 230' Harris County Flood. Control District
Fee Strip as recorded in Volume 8260, Page 124 Harris County Deed
Records at its intersection with the south right-of-way line of
Fairmont Parkway (250' wide); Thence S 070 15' 29" E - 1,125.31' to
a found 5/8" iron rod marked No. 2765; Thence S 340 58' 10" E-
1,267.11' to a found 5/8" iron rod marked No. 2766; Then S 340 55'
38" E - 436.38' to a found 5/8" iron rod; Thence S 350 19' 52" E -
130.16' to a found 5/8" iron rod marked No. 2775 marking the
northwest corner of that certain Tract 3 as described in a deed
dated 3-14-1974 from Friendswood Development Company to Dart
Industries, Inc. and EI Paso Products Co. filed in the official
public records of real property of Harris County, Texas at Clerk
File No. E-150575, Film Code No. 103-11-0868 and being the POINT OF
BEGINNING of the herein described tract;
THENCE S 340 54' 13~ E - 330.83', with the west line of said 230'
Harris County 'Flood Control District Fee strip, to a found 5/8"
iron rod marked No. 2776 for corner;
THENCE S 020 23' 41" E - 1,426.49', with the east line of said
Tract 3, to a found 5/8" iron rod for corner.
THENCE S 870 31' 44" W - 717.34', with the south line of said Tract
3, to a found 1" cap in concrete for corner.
THENCE N 150 09' 04" E - 1,789.70', with the west line of said
Tract 3, to the POINT OF BEGINNING and containing 16.9560 acres of
land, more or less.
1791.r1s
e:XnIBIT A" - Contirlued .
TRACT 1B
METES AND BOUNDS DESCRIPTION
347.1676 ACRES OUT OF THE
WILLIAM A. JONES SURVEY, A-482 AND
THE GEORGE B. MCKINSTRY SURVEY, A-47
HOUSTON, HARRIS COUNTY, TEXAS
All that certain 347.1676 acres of land out of the William A. Jones
Survey, A-482 and the George B. McKinstry Survey, A-47, Harris
County, Texas and being more particularly described by metes and
bounds as follows: .
BEGINNING at a found 5/8" iron rod with cap marked No. 2764 located
in the most westerly line of a 230' Harris County Flood Control
District Fee Strip as recorded in Volume 8260, Page 124 Harris
County Deed Records at its intersection with the south right-of-way
line of Fairmont Parkway (250' wide);
THENCE, .S 070 1'5' 29" E - 1,125.31', with, the west line of said
230' Harris County Flood Control District Fee Strip, to a found
5/8" iron rod with cap marked No. 2765 for angle point;
THENCE S 34058' 10" E - 1,267.11', continuing with the west line
of said 230' Harris County Flood Control District Fee Strip, to a
found 5/8" iron rod with cap marked No. 2766 for corner;
THENCE S 550 01' 27" W - 299.99' to a found 5/8" iron rod for
corner;
THENCE S 340 56' 41" E - 687.25', with the east line of that
certain Tract 1 as described in a deed dated 3-14-1974 from
Friendswood Development Company to Dart Industries, Inc. and EI
Paso Products Co. filed in the Official Public Records of Real
Property of Harris County, Texas at C1erk.Fi1e No. E-150575, Film
Code No. 103-11-0868, to a found 5/8" iron rod for corner.
THENCE S 15007' 08" W - 1,2~6.28', continuing with the east line
of said Tract 1, to a set 5/8" iron rod with cap for corner;
THENCE S 880 03' 07" W - 3,727.54' to a set 5/8" iron rod with cap
for corner;
THENCE NOlo 56' 03" W - 4,002~28' to a set 5/8" iron rod with cap
for point on the south right-of-way line of said Fairmont Parkway;
THENCE NOlo '56' 03" W - 103.18' to a point for corner;
THENCE N 860 48' OS" E
3,177.67' to a point for corner;
THENCE S 070 15' 29" E - 41.65' to the POINT OF BEGINNING and
containing 347.1676 acres of land, more or less.
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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 describe~ in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
'Highway 146.
1. Any sign erected in said 100' 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
slopes, 50' wide at the base and S' high. The berms
be landscaped with a combination of trees, shrubs,
ground cover. All berms and landscaping' will
maintained by the property owners.
side
may
and
be
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CLARK-GEOGRAM INC.
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L .. N D
. U A V I Y 0 A .
October II, 2000
PTFT .n NOTR~
Tract I-A
City of LaPorte
Description ofa 194.9 acre tract of land out ofa called 509.2839 acre tract referred to as Tract 1
in a deed to Dart Industries, Inc. and EI Paso Products Company as recorded under Harris County
Clerk's File No. E150575, in the William M. Jones SUIVey, Abstract No. 482, in the City of
LaPorte, Harris County, Texas, said 194.9 acre tract being more particularly described as follows
(with bearings referenced to the Texas State Plane Coordinate System, South Central Zone,
NAD83):
COMMENCING at a point which marks an interior comer of a called 162,2695 acre tract
referred to as Tract lA in a deed to Lyondell Polymers Corporation as recorded under
Harris County Clerk's File No, MS14702;
THENCE, North 01056' 28" West, along an easterly line of the said 162.2695 acre tract,
a distance of 1,672.24 feet to a point in *e southerly line of the said William M. Jones
Survey and the northerly line of the George B. McKinstry League, Abstract No. 47, said
point marks the southwest comer and POINT OF BEGINNING of this herein described
tract;
THENCE, North 01 D 56' 28" West, continuing along an easterly line of the said 162.2695
acre tract and the westerly line of this herein described tract, pass at 2,326.65 feet the
southerly right-of-way line ofFainnont Parkway (a 2S0-foot wide right-of-way), and
continuing for a total distance of2.435.19 feet to a point in the northerly line ofthe said
509.2839 acre tract which marks the most northerly northeast comer of the said 162,2695
acre tract and the northwest comer of this herein described tract;
THENCE, North 86049' 34" East, along the northerly line of the said 509.2839 acre
tract, a distance of3,177.44 feet to a point in the westerly line ofa 230-foot wide Harris
County Flood Control District fee strip described in a deed recorded under Harris County
Clerk's File No. D239800, said point marks the northeast comer of the said 509.2839 acre
tract; .
TIIENCE, South 070 IS' 36" East, along the westerly line of the said Harris County
Flood Control District fee strip and the easterly line oftrus tract, at 41.65 feet pass the
southerly right-of-way line of said Fainnont Parkway, and continuing for a total distance
of 1,167.12 feet to an angle point;
THENCE) South 34059' 09" East) continuing along the said westerly line of the Harris
County Flood Control District fee strip, a distance of 1)267.11 feet to a point for comer,
said point being the northerly comer of a tract described in a deed to Exxon Corporation
as recorded under Harris County Clerk)s File No, P282860;
THENCE, South 550 00' 51" West, along the northwesterly line of the said Exxon
Corporation tract, a distance of300.00 feet to a point for the westerly comer of said
Exxon Corporation tract;
THENCE, South 34059' 09" East, along the southwesterly line of the said Exxon
Corporation tract, a distance of90,13 feet to a point in the southerly line of the said
William M. Jones Survey B.Ild the northerly line of the said George B. McKinstry League
which marks the southeast comer of this herein described tract;
See Page 2 of 2
Dell.. _ HOUlton _ San Antonio
1315 Sherwood Fcn&t - Houston, r8X8l1 77043 _ 181713.481.1400 _ flIx 713.461.3638 _ Info@lclarburvey.com
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EXHIIJIf
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Page 2 of2, 194.9 acres
'THENCE. South 870 26' ST' West, along the common line between the said WilliamM.
Jones Survey and the George B. M~nstry League and the southerly line of this herein
described tract. a distance of3.773.73 feet to the POINT OF BEGINNING and
containing a computed area of 194.9 acres ofland.
. This description is based on a compilation of data and does not represent a staked
boundary survey.
0.11.. - Houlton . S.n Antonio
1315 Sh8fWOOd FOIelIt - Holl8ton. T.... 77043 _ tel 713.481,1400 _ liuc 713.481.3638 _ Info@dalbuNey.com
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CLARK-GEOGRAM INC.
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I U . V E yo. .
October 11. 2000
FTPT n NnTR~
Tract 1-B
City of Pasadena
Description ofa 152.3 acre tract ofland out ofa called 509.2839 acre tract referred to as Tract 1
in a deed to Dart Industries. Inc. and EI Paso Products Company as recorded under Harris County
Clerk's File No. E150S75. in the George B. McKinstry League, Abstract No. 47. in the City of
Pasadena. Hanis County, Texas. said 152.3 acre tract being more particularly described as
follows (with bearings referenced to the Texas State Plane Coordinate System, South Central
Zone. NAD83):
BEGINNING at a point which marks an interior comer of a called 162.2695 acre tract
referred to as Tract IA in a deed to LyondeU Polymers Corporation as recorded under
Harris County Clerk's File No. MS14702. said point marks the southwest comer of this
herein described tract;
THENCE. North 010 56' 28" West. along an easterly line of the said 162.2695 acre tract
and the westerly line of this herein described tract, a distance of 1.672.24 feet to a point in
the southerly line of the William M. Jones Survey. Abstract No. 482 and the northerly line
of the said George B. McKinstry League which marks the northwest comer of this herein
described tract; .
THENCE. North 870 26' 57" East. along the common line between the said William M.
Jones Survey and the said George B. McKinstry League and along the northerly line of
this herein described tract. a distance of 3,773.73 feet to a point in the southwesterly line
of a tract described in a deed to Exxon Corporation as recorded under Harris County
Clerk's File No, P282860;
THENCE, South 34059' 09" East~ along the southwesterly line of the said Exxon
Corporation tract. a distance of 596.29. feet to a point for comer in the northwesterly line
'ofExxon Pipeline Corridor No. 510 as recorded under Harris County Clerk's File No.
R930140;
THENCE. South 15006' 58" West. along the northwesterly line of the said Exxon
Pipeline Corridor No. 510. a distance of 1,267.69 feet to a point for the southeast comer
of this herein described tract, said point also marks the. northeast comer of the said
162.2695. acre tract;
THENCE, South 880 02' 57" West, along the southerly line of this tract and a northerly
line of the said 162.2695 acre tract, a distance of3,726.83 feet to the POINT OF
BEGINNING and containing a computed area of 152.3 acres of land.
This description is based on a compilation of data and does not represent a staked
boundary survey.
Oel.l.. _ HOUlton . San Antonio
..
1315 Sherwood FOI1llIt. Houston. T... n043. 181713.481.1400 _ falC713.461.3639 _ In'oOcJarbwvey.com
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EXHIBIT "A-l"
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND HUNTSMAN POLYMERS CORPORATION
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.
HUNTSMAN POLYMERS CORPORATION
By:d?4~-
. me: ;.JEP~/le!lf t.. /'1,,~/./t1-'11
T 1 tIe: .)>,Ilr=c ~ . E< C, J I .,. hi'i> vAulZt:'Iff lIA"Kcr.l
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"EXHIBIT B"
(Attach Plat reflect~ng 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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TRACT I - 347.2 AC. (1~.12~.
TRACT 2 - 16.96 AC. (736,9
W1WAII II. JONES S\1RVE"l'
GEORGE: B. IIcKlNSTRY LEAt
HARRIS COUNTY, TCC
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LA~DTECH CO~SULTANT
eMI EqlnHrlDI . Land SuI"
2627 Horlh Loop W.
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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 ~asements 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 wi th the operation and maintenance of the
public :utility facilities.
For items band c above, the actual length of required
screening along the roadway w.ill 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 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 Ordina'nces, 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 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 eity.
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NO' m &1-0 W fI \l
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HUNTSMAN
CERTIFIED MAIL -
Return Receipt Requested No. Z 497158 440
October 16, 2000
Mr. John Joerns
Assistant City Manager
City of La Porte
P.O. Sox 1115
La Porte, Texas 77572-1115
Re: Huntsman Polymers Corporation
Industrial District Agreement - City of La Porte
Dear Mr. Joerns:
Enclosed are two copies of Exhibits "A" and "S" for attachment to the Huntsman Polymers
Corporation Industrial District Contract with the City of La Porte.
Please note in Exhibit "A", only 194.90 acres fall within the City of La Porte jurisdiction
(annexed and extra-territorial jurisdictions). The remaining 169.26 acres falls with the
taxing jurisdictions of the City of Pasadena. Originally we had estimated that 199.59
acres was in the City of La Porte taxing jurisdictions.
Exhibit "S" has been highlighted in yellow to identify the annexed portions of the property
and the striped areas indicate the extra-territorial jurisdictions (red = La Porte, green =
Pasadena).
Please call me at (713) 235-6971 if you have any questions.
Yours truly,
A~~~
~ffrey L. Morrison
Director - Excise and Ad Valorem Taxes
Enclosures
cc: Mr. James Napier - Huntsman, Houston
Mr. Hugh Landrum - Hugh Landrum & Associates
HUNTSMAN CORPORATION
3040 Post Oak Boulevard · Houston, Texas 77056 · 713-235-6000 · Fax 713-235-6416
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City of La Porte
Established 1892
August 31, 2000
Jeffrey L. Morrison
Huntsman Corporation
3040 Post Oak Boulevard
Houston, Texas 77056
Re: Industrial District Agreement (IDA) Series 2001-2007
Letter from John Joerns dated August 24,2000
Dear Mr. Morrison:
Per our phone conversation today, you indicated you would forward Exhibits "A" and "B" to
my office by September 30.
I appreciate you contacting me regarding the IDA exhibits. Once we receive these exhibits we
will present these documents to City Council for approval.
Please contact me if you need to further discuss this matter.
c: Hugh Landrum Jr., Hugh Landrum & Associates
p.o. Box 1115 0 La Porte, Texas 77572-1115 · (281) 471-5020
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City of La Porte
Established 1892
August 24, 2000
Jeffrey L. Morrison
Huntsman. Corporation
3040 Post Oak Boulevard
Houston, Texas 77056
Re: Industrial District Agreement (IDA) (Series 2001-2007)
. .J -
Dear Mr. Morrison:
Two executed originals of the Industrial District Agreement (IDA) were received from you on
May 11,2000. Your cover letter noted that you were in the process of obtaining a metes and
bounds description for the 199.59 acres in the City of La Porte's Industrial District. We have not
yet received this description.
Also, while reviewing the documents for completeness, we noticed your firm did not furnish an
Exhibit "B".
It is important that your firm forward (2) sets of Exhibits "A" & "B" to my office, preferably no
later than Thursday, August 31, 2000. Once we receive these exhibits we will present these
documents to City Council for-approval. If you are unable to meet this deadline, please let us
kiIow,
If you have any questions or concerns regarding this matter call me at (281) 471-50.20.
Thank you for your cooperation in this matter.
c: Hugh Landrum Jr., Hugh Landrum & Associates
P,O, Box 1115 .' La Porte, Texas 77572-1115 0 (281) 471-5020
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HUNTSMAN
CERTIFIED MAIL -
Return Receipt Requested No. Z 497 787 933
May 8, 2000
Mr. Robert T. Herrera
City Manager
City of La Porte
P.O. Box 1115
LaPorte, Texas 77572-1115
Re: Huntsman Polymers Corporation
Industrial District Agreement - City of La Porte
Dear Mr. Herrera:
Enclosed are the two original agreements between Huntsman Polymers Corporation and
the City of La Porte.
Also, as part of the agreement we have attached a copy of the metes and bounds legal
description. The only available description at this time is for the entire piece of property at
this location (approximately 360 acres). We are in the process of obtaining a new
description for the approximately 199.59 acres in the City of La Porte and the La Porte
Industrial District. As soon as this is available, copies will be forwarded for insertion into
the agreement.
Please call me at (713) 235-6971 if you have any questions.
Yours truly,
~Jv(~
~~~Y-~' Morrison
Director - Excise and Ad Valorem Taxes
Enclosures
(ij)ICEBVEU))
U1l ~AV 1 1 2000 lW
cc: Mr. James Napier - Huntsman, Houston
CITY MANAGER'S
OFFICE
HUNTSMAN CORPORATION
3040 Post Oak Boulevard · Houston, Texas 77056 · 713-235-6000 · Fax 713-235-6416
e
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City of La Porte
Established 1892
May 15;2000
Jeffrey L. Morrison
Huntsman Corporation
3040 Post Oak Boulevard
Houston, Texas 77056
Re: Industrial District Agreement (IDA) (Series 2001-2007).
Dear Mr. Morrison:
Two executed originals of the Industrial District Agreement (U)A) were received from you
on May 11,2000. We have noted that you are in the process of obtaining a metes and
bounds description for the 199.59 acres in the City of La Porte's Industrial District.
While reviewing the d~cuments for completeness, we noticed your firm did not furnish an
Exhibit "B". Please send us (2) copies no later than June 15,2000.
Once we receive these exhibits 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 Joe~ at (281) 471-
5020.
Thank: you for your cooperation in this matter.
Sincerely,
Q~ -r: ~
Robert T. Herrera
City Manager
P.O. Box 1115 0 La Porte, Texas 77572-1115 · (281) 4?1-5020
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HUNTSMAN
. CERTIFIED MAIL -
Return Receipt Requested No. 7000 0520 0020 6041 9905
February 19, 2002
RECEIVED
FEB 2 0 2002
Mr. Robert T. Herrera
City Manager
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
CITY MANAGER'S
OFFIG6.. ,....."\
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ASST. CITY MAW..
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Re: Huntsman Polymers Corporation .
Industrial District Agreement No. 2000-IDA-39
City of La Porte
Dear Mr. Herrera:
Per the terms of the above referenced Industrial District Agreement, Huntsman Polymers
Corporation hereby notifies the City of La Porte that the property subject to this
agreement has been sold to Tuffli Company. Inc. This sale took place on December 31,
2001.
You may obtain more information regarding this sale from Ms. Kim LaVern, Escrow
Officer at Charter Title Company (713-871-9700).
Please call me at (713) 235-6971 if you have any questions.
Yours truly,
.~-
Enclosures
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f<rJfl~Jt/JA
Jeffrey L.. Morrison .
Director - Excise and Ad Valorem Taxes
cc: Ms. Kim LaVern
Charter Title Company
4265 San Felipe, Suite 350
Houston. Texas 77027
HUNTSMAN CORPORATION .
3040 Post Oak Boulevard. Houston, Texas 77056. 713-235-6000 · Fax 713-235-6416
.
3~
.
City of La Porte
Established 1892
May. 15,-2000
I effrey L. Morrison
Huntsman Corporation
3040 Post Oak Boulevard
Houston, Texas 77056
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Morrison:
Two executed originals of the Industrial District Agreement (J;DA) were received from you
on May 11, 2000. We have noted that you are in the process of obtaining a metes and
bounds description for the 199.59 acres in the City of La Porte's Industrial District.
While reviewing the documents for completeness, we noticed your firm did not furnish an
Exhibit "B". Please send us (2) copies no later than June 15, 2000.
Once we receive these exhibits 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 Joern,s at (281) 471-
5020.
Thank you for your cooperation in this matter.
Sincerely,
Q~T~
Robert T. Herrera
City Manager
P,O. Box 1115 0 La Porte, Texas 77572-1115 · (281) 471-5020
.It
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. City of La Porte
Established 1892
November 27,2000 .
Huntsman Corporation
Attn: Jeffrey Morrison
3040 Post Oak Boulevard
HouMon, Texas 77056
Dear Mr. ,Morrison:
Enclosed is a fully executed duplicate original of the Industrial District Agreement
between your fIrm and the City ofL~ 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.
As part of the document preparation, the City examined Exhibits "A" and "B" furnished
by your firm. While reviewing the documents, we found that:
Exhibit "B" does not accurately reflect tracts described in Exhibit" A". Exhibit
"B" is also illegible.
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, ple~e contact John Joems, Assistant City Manager.
Thank you for your assistance in completing these documents.
Respectfully,
~T:~~
Robert T: Herrera
City Manager
P.O. Box 1115 0 La Porte, Texas 77572-1115 · (281) 471-5020
."
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City of La Porte
Established 1892
March 20, 2000
Huntsman Corporation
Attn: Jeffrey L. Morrison
3040 Post Oak Boulevard
Houston, Texas 77056
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
agr~ement are attached to this letter.
We, also enclose a. copy of the metes and bounds legal description
which was attached to you.r 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 cont.ract, 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.
Yours very truly,
CITY OF LA PORTE
By:
Go.W T ~
Robert T. Herrera, City Manager
RTH:sw
Enclosures
P.O. Box 1115 · LnPorte.Texns77572-1115. (713)471-5020
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