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HomeMy WebLinkAbout2000-IDA-39 It . 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. e e 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 2 r.. e . .- 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 e e ,~ 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. 2 , , ~ e . 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 3 e e 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, 4 e . 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 5 e e 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 6 e e ,.- 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, 7 ,r e I .- "" 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 8 e e .. "EXHIBIT A" (Metes and Bounds Description of Land) .', e "EXHIBIT A" e 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 . 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. e - "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 ~ e CLARK-GEOGRAM INC. e e~Hl81 T "II" 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 . , e e EXHIIJIf .. II /I 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 ," ~ . I:.""XHI41 T "19 " .~ e CLARK-GEOGRAM INC. e L " N D 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 e - 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 . e ., "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.) -, e l'rt ~ .l:: e;. .... ... JIC ~ lII. ~I N . ~. JDO" ,10" 0 ~ .IDIIllIA..U> o FOUND UONuME>IlS . e StT ./10 lOON ROD STAtIPED "UHllm:H 1. _.. fI1' ..... ...:.... SUICY . _ 1DAs ..... .....,.. .......11: ~~ CDftM. -.t..1ClImI MCIICMI M.... Ita. .t. ~ 'ID n..aCj -.-a: ... .., NO. 4IZOtCllNO J, RIR ... aum, _ -.. ':':/;- -..... -., __ ___ roc ~..~1D.... ~~.J::~':t'::". 1WOlICl[1lD"IIIS~'" .3OtIr_ "'IM1lIlIMIMClE' MUS IDS.... ,. ..,.. MU.: ,.. .. ~.'" &DID f1iIOW .......... fUICID) ,.. .....,. ...... IDlI. -.:" .....1PLOClD ADUIDIIS ~. .I. "'SIIM'I''' ............... WCIlI1III.I: IDCIIft IIIID... DWIID 1II..E . CDNJW LICD' CU. lID. ~ IRICIM MaII1' II. '",. laC IUII'CWNlI "" 11M ,....,cnI _ ......-n'. .. 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KLGIXAI.I ..' ~""1"""'~':":~~""""""'''.t....~' J ~ ............ .':N1'.I' tNt .. . .."..... ...... ... ... ,....ac .. ...... '\AMDJtDI ~1ItIIIS" oMl .... .................,_ .. .. .... .... _ :::;=~;...~ ~';a~:~. =: i ~ . .... .,...... ..... 1HENCE. s-.......r....... ~.. .. ~.........,.. ... MllI 111.1U' ..... ... ~ .-. ..... :I"'.... ....J .. ... .-o.n 01 --.....c ......... . -..... _ ., .~7 ......(1"". .Me ~ t.eQ .. ....... PLAT OF SlJRVE) 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 . s....:!:. .r.- LA~DTECH CO~SULTANT eMI EqlnHrlDI . Land SuI" 2627 Horlh Loop W. Suile 224 HI ,'UIII.OD. Texas nOf .. ~r M, _~I'DII ra. pl3 .'~..'~ ~ UN[ 1!: u Ii u ~ ... ~ ... ,l:IIIl!E..DIl. cuow: 1 CD<IWAL ~.~CIllIIID "'-1 CHllIIII ......-- Ci or"'z,- _ ....". N IZ"ZC""- E m:;;: LII fI, It. Tli' /A,S,t/ bEiVt4 .I.IIILUILt ~I~ N:rron"E ~M N 7nrH" E 'iiUI- N 7B'GI'II" E "ii':W"" N'8r.OD"IZ" E Z7LAZ" S 'U'OC'Il' W ;;;;:;;0;- S W'S'.- E iii':ii'i N .l"S1"U" W iiiLU' S DMrH" E ;y;:- r = A€b QAi:eAJ -, .,.. &A. '1' L~. _art'r1T~. . U'" LIC .' fOIID.tIO.~lI) "D" ML.Il. P. naI"1. w/S'AL, ... 71Tl. PC. .oJ N".1l Ihre,ttbyc.itll:$' 1hlI.....-y.. .............. hlllNlUftd .f. ItM .prwert, hotrn ond *'crIbed h...... UhOer "" .upervI_ .kIn In Sept '., ,.17; 1110( ItIb pial ., aurwr ""n-...... .Ihe 'tacb f~ 1M I...... 01 Mid MWw.r ond 1hot 1h1t pro'_uiDnaI . confonttl.lo U.. currenl 1_.. Soc_I, .1 Pro......... 5 )'On' 51......dl ond SpcI.GI......,.r II Co&~ I'" tDhdil)Rr H Land Tn.. SunJ.,. 41"'''~ .. 0', , ,/ ,(1 1~~i~"4~:, rHRMOHT pNfXWA'f (DO' WIDEl .,..,.t"'.IL\o c.ar. <- .<-- ,.,..... L.~~....~... ':','"" nD tj'" 'IlL, ~tN.1 ~I- I" e . ~'. "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. r----- NO' m &1-0 W fI \l " U) I f{ n 1 -...-....-..---...--.. . e 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 . e 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 .e e 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 e e 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 e 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 e~~ C~(J",\ T a rt\t......~ (,., \V...~") p} c.~-..J~.c.. A, !" C)t..1oI J<.I<vJ<' ~ C\tk,"'S c.<- ". kP IS~ - 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.. ,....."\ f R ro, J ! fOJ rn @ rn n WI ~'--i! r, :_: I, 'I . : III FEB\ I '1lO? .l.d.! . 1.. . ASST. CITY MAW.. .__.______OFFICE 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 . ?~~ ~~e- c.Ln c:. W ol>.lL Jk f~ b/ H'-.<:t~ filII 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 -- 3' . 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 ." .. 3q 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 k~ 6)</{tJCJ