HomeMy WebLinkAbout2000-IDA-67
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
N/A
Agenda Date Requested: October 7. 2002
Source of Funds:
Requested By: John Joerns
Account Number:
Department:
Administration
Amount Budgeted:
Report: _Resolution: _Ordinance: -L
Amount Requested:
Exhibits:
Budgeted Item: _YES _NO
. 1 Ordinance
. Standard Industrial District Agreement
SUMMARY & RECOMMENDATION
This is a new Industrial District Agreement between the City and Ex Tex La Porte, LP. The Agreement will expire
on December 31, 2007, the common date for all agreements in the Battleground and Bayport Industrial Districts.
Air Products is the owner of the land and has a leased a portion of their land to Ex Tex La Porte, LP which has built
an $18 million dollar facility. Ex Tex has contacted the City of La Porte and wishes to enter into an agreement for
their property and improvements.
Staff recommends City Council authorize the execution ofIndustrial District Agreement with the following
industry:
. Ex Tex La Porte, LP
Action Required bv Council:
Consider approval of Ordinance 2000-IDA- authorizing the execution by the City of La Porte ofIndustrial District
Agreements listed above.
JoJr/oR
Date' / (
ORDINANCE NO. 2000-IDA-101
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH EX TEX LAPORTE, LIMITED
PARTNERSHIP, FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING
DECEMBER 31, 2007, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. EX TEX LAPORTE, LIMITED PARTNERSHIP has executed
an industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary,
and the City Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
PASSED AND APPROVED, this 14th day of October, 2002.
By:
CITY OF LA PORTE
~J~~
Mayor
ATTEST:
~(L(), I&J
M a A. Gillett
City Secretary
I
APPROV~: ~ ~(
~<rJLZ:J a~
Knox W. Askins,
City Attorney
2
NO. 2000-IDA-lil
STATE OF TEXAS
COUNTY OF HARRIS
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INDOSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal COloration of Harris County,
Texas, hereinafter called "CITY", and )(Tex LQ f'or+e L;,.,; fed
PatThe,.....s.~, a Te.)(a-S /i/'1); feel D()rtjle.-.SII;dJer~eratiefl, hereinafter
called "CO ~Y" , "
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the city and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
p. '.0 p,e rty
WHEREAS, Company is the owner of laRa wi thin a designated
Industrial District of the City of La Porte, said land bein~
legally described on the attached Exhibit "A" (hereinafter "Land");
and said Land being more particularly shown on a plat attached as
Exhibit IIBII, which plat describes the ownership boundary lines; a
si te layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of ci ty'referred to above, City and Company hereby agree
with each other as follows:
::K LOll d ;.s Ie 0 sed +tottJ /JI r Prod f.(c!- oS an c:I Ch~/h;ce./~, ..J..1t C.
FINAL DRAFT: February 24, 2000
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, city does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by city during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that city shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of ci ty' 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
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 ci t:y 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 ci ty . 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
each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2.
(a)
On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to city if all of said new
construction had been within the corporate limits
of City and appraised by City's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of 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
in accordance with the applicable provisions of the Texas
Property Tax Code.
with 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 legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, 'plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
5
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
ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the city with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good fai th negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by 'City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
6
expert op~n~on, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbi tration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in 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
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.
Ex T ex LQ porte t'/h:teJ PCtyhte~JJ,.'P
( COMPANY)
By: f
OSe
Title: rin c. 0 7Q ~,
Address: 30e E ><eloi1 woy,'7?ik' Pel''/"
'1:ehn~ff S1uarEJ; p~ I Cf 3 '1J'
fhcfle ~ GIO-7 bSr's72CJ
ATTEST:
_tjAJL/ '
C 1::, ret:a
f
APPROV D: , ./
?/t~i,-/.7t/ ~'7t.-~
w. Askins
Attorney
of La Porte
P.O. Box 1.21.8
La Porte, TX 77572-1218
By:
li:::.OF LA P;;L
rma~lone
Mayor
OF LA PORTE
Phone: (281) 471-1886
Fax: (281) 471-2047
8
"EXHIBIT A"
(Metes and Bounds Description of Land)
See ~c-j,ecl
~ ;/
t. X 1-1It!J1'T It-I
EXHIBIT " A-I"
LEGAL DESCRIPTION OF THE PREMISES
The tract of land described as follows:
FIELD NOTES FOR 4.870 ACRES OF LAND OUT OF LOTS 40 AND 41 STRANG
SUBDIVISION RECORDED IN VOLUME 75, PAGE 22 HARRIS COUNTY DEED
RECORDS (H.C.D.R.) LOCATED IN THE ENOCH BRlNSON SURVEY, ABSTRACT NO.5,
HARRIS COUNTY, TEXAS, SAID 4.870 ACRES OF LAND BEING OUT OF A CALLED
16.16 ACRE TRACT DESCRIBED IN DEED TO AIR PRODUCTS AND CHEMICALS, INC.
RECORDED IN HARRIS COUNTY CLERK'S FILE (H.C.C.F.) NO. F599060, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
(Bearings shown hereon are based on the Air Products monument system, holding monuments 1
& 5 as provided by Air Products.) ,
COMMENCING at a 5/8 inch iron'rod found at the intersection of the north line of Strang Road
(60 feet wide) and the west line oeMiller Cut-Off Road (60 feet wide) both recorded in Volume
75, Page 22 H.C.D.R. for the soufl?east cOmer of a called 2.35 acre tract described as Tract "B"
in deed to Air Products abd Chemicals, Inc. recorded under H.C.C.F. No. F088954; ,
THENCE South 89 deg. 58 min. 37 sec. West, along the north line of said Strang Road
and the south line of said Tract "B" passing at 604.38 feet (call South 87 deg. 05 min. 17
sec. West, 604.00 feet per H.C.C.F. No.. F088954; call 602.57 feet per H.C.C.F. No.
F599060) a 3/8 inch iron rod wlcap found at the common corner of said Tract "B" and
said 16.16 acre tract in all a distance of 1350.02 feet;
THENCE North a distance of 56.73 feet to a chain link fence corner found for the POINT
OF BEGINNING and southeast corner of the herein described tract;
THENCEwith said chain link fence the following courses and distances:
West, 97.00 feet;
North, 3.40 feet;
West, 337.00 feet;
North, 488.00 feet;
East, 434.00 feet;
South, 491.40 feet to the POINT OF BEGINNING.
"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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"EXHIBIT e"
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "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 side'
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
pUblic utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with 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 Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
Hartis County Appraisal District e
.' ' ~~l
Forrr. 1.111 E(3/02) · ....
Informallntervh..)1
Settlement Form
TaxYear :2. 00 2.
Property OWner's Name
E'
Mailing Address
'300
City, State, ZIP + 4
K~~H'\ ;--1:
Daytime Telephone Number (area
610- 65- "7
1. Have you been employed by the Harris County Appraisal District within the current or three preceding calendar years?
2. Is the property currently for sale? . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , , . . . . . . . , . . . . . , , . . , , . . . . . . . . . . . , . . . . . .
3. Is the account noticed? . , . . . . . . . . , . . , . . . , . . . . . , . , . . . . , . . . , , . . . . . . . . . . . . . . . . . . . , , , . . . . . . . . , . . . . . . . . . , . . . . . . . . .
4. Give the following information for the last known sale of the property.
a. Owner Name
L
[:I<~/vV\
I C13
5. Owner's Comments: I
VC\ ve
6. Appraiser's Comments: f) f1 .
GG\Vl? oJlOt'.t'D......
7. DecisionlDetermination:
::c
NOTE: ENTER RESIDENllAL CAP IN "APPRAISED"
9. INITIAL VALUE Appraised
a. Land
b. . Improvement
c. Total
Market
d. AgricUturaVRestricted Value
8. Personal Property
-...f.~2s~mBti?'" tJmstd
.... r.hA,.....o1l8 '\,
_._:::~~
D
:2.0
% Vet 1 %
% Vet 2%
11. Agreement--Prior to Notice
HeAD Account Number
664:2..;(3o<JOO
ACAD Number
s
3-k;
Agenfs Name and Code, if any
. E,
!px
J.". ",V'-1-(>
1.Yes D N00
2.Yes D NoC81
3.Yes @ NoD
I b. Sale Price
Ic, Sale Date _
101'\.
gve 1..<..)
oS
c,1$
8. Check for No Change
10.!;~TTLED VALUE
..Lind
b. Improwment
c. Total
d. AgriculturallRestricted Value
e. Personal Property
f. Exemption Hmstd
D
Appraised
Ma~ket
.......:;, .~
% Vet 1%
% Vet 2"10
I agree to the action recommended above and waive my notice of appraised value and right to protest for the above tax year. I
understand that the settled value set for the above will be final and not subject to further protest or appeal should the chief
appraiser approve the agreement. I understand that I will be notified and will have an opportunity to protest in the event the
agreement is not approved.
~
12. Agreement--After Notice
I agree to the action recommended above. I understand that the settled value set forth above will be final and not subject to further
protest or appeal should the chief appraiser approve the agreement. Contingent upon that approval I withdraw my protest, if
applicable, and waive my right to further proceedings. I understand that I will be notified and will have an opportunity to pursue my
protest to the appraisal review board, if applicable, in the event the agreement is not approved.
I disagree with the value proposed by the district and therefore request that the appraisal review board ac:cept this as my official
notice of protest and sched41e my account for a formal hearing.
14. Check if in Agreement
I understand that this settlement will be sent to all appraisal districts responsible for appraising the subject property(ies). I
furthermore agree that this settlement will be final as to those appraisal districts should they ratify this settJement. Accordingly,
I waive any right to appeal in the follOwing appraisal district(s):
D
13. No Agreement
~
I own the property above or the owner has authorized me to represent the property. I affirm under penalty of law that the information and
documents I have presented to representatives of the Harris County Appraisal District are true and correct I understand that all such
documents shall become part of a government record.
Signature of OwnerlRepresentalive p~ J IV l I PI} (... rn X /JVv /rL y ST Date
E X/[ X ~ /JOr<. TE L-
SUpeM~ #
aiser
1l L Q- lot.{ 't
, N te: Keep this cop for your records. You will receive no further notice from us unless the chief appraiser disapproves this settlement
7
2" - 02-
Chief Appraiser By
Date
HarTis County Appraisal District e r
." ~~~
Form 1.111E(3I02) · .'"
Informallntervk....v
Settlement Form
axYear :2. 0 u 2.
Property Owner's Name
~ ~
Mailing Address
3. 00
City, State, ZIP + 4
K l'" ~H\ -t-t:
Daytime Telephone Number (area
610- 65- I
1. Have you been employed by the Harris County Appraisal District within the current or three preceding calendar years?
2. Is the property currently for sale? . . . , , . . . . . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . , . . . . , . . . , . . . . . ,
3. Is the account noticed? . . . . . . . . . . . . . , . . . , . . , . , , . , , . . . . . . . . , , . . . . . . . . . , . . . . . . . . , , . . . . , . . . . . . . . , . . . . . . . . . . . . . . .
4. Give the following information for the last known sale of the property.
a. Owner Name
L
/: l( ~ I () V\
I C13
5. Owner's Comments: I
Vc... ve
6. Appraiser's Comments: f) (J .
Go.vc? CA,JlJ('.t'D.....
7. DeclsionlDetermination:
r
NOTE: ENTER RESIDENTIAL CAP IN "APPRAISED"
9. INITIAL VALUE Appraised
-t o\.:)
Market
a. Land
b.lmpmvement
c. Total
d. AgriculturaVRestricted Value
::z.o
e. Personal Property
,_t.~mptiort Hmsld"
.. l'..h. ""Ar ',':j;,b~'\
_:~~
D
% Vet'1 %
% Vet 2%
11. Agreement--Prior to Notice
HCAD Account Number
664 '2.;<'3 OOOe)
ACAD Number
s
3-\,v
Agenfs Name and Code, If any
. E.... Ipx
A r. vV'-l-E'
1.Yes D No~
2.Yes D No~
3.Yes ~ NoD
I b. Sale Price
Ic, Sale Date _
10"'-
~ve 'L<.J
.s
c, ~"
8. Check for No Change
10.S~ED VALUE
..land
b. Improvement
C. Total
d. AgrlculturallRestricted Value
e. Personal Property
f. Exemption . Hmstd
D
Appraised
Mar,ket
_..,:'
% Vet 1%
% Vet 2%
I agree to the action recommended above and waive my notice of appraised value and right to protest for the above tax year. I
understand that the settled value set for the above will be final and not subject to further protest or appeal should the chief
appraiser approve the agreement I understand that I will be notified and will have an opportunity to protest in the event the
agreement is not approved.
~
12. Agreement--After Notice
I agree to the action recommended above. I understand that the settled value set forth above will be final and not subject to further
protest or appeal should the chief appraiser approve the agreement. Contingent upon that approval I withdraw my protest, if
applicable, and waive my right to further proceedings. I understand that I will be notified and will have an opportunity to pursue my
protest to the appraisal review board, if applicable, in the event the agreement is not approved.
I disagree with the value proposed by the district and therefore request that the appraisal review board a6cept this as my official
notice of protest and schedl!.le my account for a formal hearing.
14. Check if in Agreement
I understand that this settlement will be sent to all appraisal districts responsible for appraising the subject property(ies). I
furthermore agree that this settlement will be final as to those appraisal districts should they ratify this settlement. Accordingly,
I waive any right to appeal in the follOwing appraisal district(s):
I own the property above or the owner has authorized me to represent the property. I affirm under penalty of law that the information and
documents I have presented to representatives of the Harris County Appraisal District are true and correct I understand that all such
documents shall become part of a government record.
D
13. No Agreement
[Xl
p~} IV (. I PI) /-. Ti'7x /jvY ITL. 'ysr
E Xn.x J.c;;I fJOfZ TEL-
Supervisor #
7 - 2C ~ 02-
f.
~ 0- I () LI 't
, N te: Keep this cop for your records. You will receive no further notice from us unless the chief appraiser disapproves this settlement
Signature of OwnerlRepresentative
Date
Chief Appraiser By
Date
e
e
Robert J. Huston, Chairman
R. B. "Ralph" Marquez, Commissioner
Kathleen Hartnett White, Commissioner
Jeffrey A Saitas, Executive Director
~
Of:l;'(} V-
"S IICoIO
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Texa~qlfcJ.OO2nd Preventing Pollution
EX TEX LAPORTE LP
JOSEPH F GEIGER JR
300 EXELON WAY KSB3-W
KENNETT SQUARE P A 19348
This letter is to inform you that on 05/11/02 the technical review of Use Determination
Application, 01-6287, for:
EX TEX LAPORTE LP
EXELON EX TEX LAPORTE GENERATION
IN AIR PRODUCTS PLANT
LA PORTE TX
was completed. The use determination is included with this letter. In order to request an exemption, a
copy of this Use Determination, along with a completed exemption request form, must be provided to the
Chief Appraiser of the appropriate appraisal district. This request must be made by May 1.
House Bill 3121, enacted during the 77th Legislative Session, established a process for appealing a use
determination. The Texas Natural Resource Conservation Commission has developed rules to
implemenUheappeals process. These rules are located atJOTAC 17.25. By statute an appeal must be
filed within 20 days of receipt of the use.determination.-
If you have any questions or require any additional information please contact the Tax Relief for
Pollution Control Property Program at (512) 239-6348.
Sincerely,
~ J fldJI;!-
Ronald L. Hadett
Tax Relief for Pollution Control Property Program
P.O. Box 13087 · Austin, Texas 78711-3087 · 512/239-1000 · Internet address: www.tnrcc.state.tx.us
printed on recycled paper using soy.based ink
e
e
Robert J. Huston, Chairman
R. B. "Ralph" Marquez, Commissioner
Kathleen Hartnett White, Commissioner
Jeffrey A. Saitas, Executive Director
JfO
Rec'd
~ ItCoIO "J-
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
UStEnJ)xEbTERMmATufoN
The Texas Natural Resource Conservation Commission has reviewed Use Determination Application,
01-6287, filed by:
EX TEX LAPORTE LP
EXELON EX TEX LAPORTE GENERA nON
IN AIR PRODUCTS PLANT
LA PORTE TX
The pollution control property/project listed in the Use Determination Application is:
Installed the following: two continuous emission monitoring systems; 4 Dry Low NOx Combustion
Systems for GE Heavy-Duty Turbines; and demisters.
The outcome of the review is:
A positive use determination of 100% for the two continuous emission monitoring systems; 4 Dry Low
NOx Combustion Systems for GE Heavy-Duty Turbines; and the demisters.
This equipment is considered to be pollution control equipment and was installed to meet or exceed
federal or state regulations.
~-AC
,
Executive Director
5/11/2002
Date
P.O. Box 13087 · Austin, Texas 78711-3087 · 512/239-1000 . Internet address: www.tnrcc.state.tx.us
printed on recycled paper using soy-based ink
e .
TAX RELIEF FOR POLLUTION CONTROL PROPERTY PROGRAM
TECHNICAL REVIEW DOCUMENT
Reviewed By: Ron Hatlett
Facility Name: Ex Tex LaPorte LP
Review Start Date: May 8, 2002
App. Num.: 01- 6287
. TIER LEVEL
What Tier is this application? Is it the appropriate Tier?
The application was filed as a Tier I application. The items listed on the application are PEL listed items.
This application is correctly filed as Tier I.
RELEVANT RULE, REGULATION, OR STATUTORY PROVISION
Does the application cite the specific rule, regulation, or law being met or exceeded by the installation ofthat
property?
The applicant'30 T AC 117. The is an appropriate rule.
I..
DESCRIPTION OF PROPERTY
Description: Is an adequate description and purpose of the property provided? Does it list the anticipated
environmental benefits? Are sketches and flow diagrams provided if needed?
The property is described as: Installed the following: two continuous emission monitoring systems; 4 Dry
Low NOx Combustion Systems for GE Heavy-Duty Turbines; and demisters.
The description is adequate. The purpose of the property and the environmental benefit is included.
DECISION FLOWCHART
Does the application list each piece of property and its exit point from the flow chart? List each piece of
property and its exit point from the flow chart. Does your list agree with the applicants?
Property Box 3 Box 5 Boxes 6, 8, 10
"-
two continuous emission monitoring systems; 4 Dry Yes Yes Item is on the PEL Box 6.
Low NOx Combustion Systems for GE Heavy-Duty
Turbines; and demisters
TIER ill APPLICATIONS
Did the applicant use the Cost Analysis Procedure? Recalculate the CAP. Does your calculation agree with
the applicants? Attach a copy of your CAP worksheet to this document. Nt A
PROPERTY CATEGORIES AND COSTS
Is the table completed correctly? Has the applicant certified that all listed property became taxable for the
first time after January 1, 1994? Is all information necessary for conducting the technical review included.
The table is completed correctly. The applicant has certified that the property was not taxable before I/O 1 /94.
All of the information needed to begin a technical review has been provided.
TECHNICAL REVIEW
Is the application technically complete? If the answer is no, what is missing? Provide the language used in
the NOD letter. )fyes then develop the use determination language.
.
The application, as received, is technically complete.
e
NOD RESPONSE
Is response adequate? Is the application now technically complete? Nt A
FINAL DETERMINA nON
Provide ,the reason for your determination.
The listed property: continuous emission monitoring systems; Dry Low NOx Combustion Systems for GE
Heavy-Duty Turbines; and demisters, are located on the predetermined equipment list.
Provide the language for the final determination.
A positive use determination of I 00% for the two continuous emission mC?nitoring systems; 4 Dry Low NOx
Combustion Systems for GE Heavy-Duty Turbines; and the demisters.
Reviewed by:
/?-w.4' 4/ ~/ 4!d-
Date:
.s~~~
Ex Tex LaPorte, Limited Partnership
300 Exelon Way, KSB3-W
Kennett Square, PA 19348
(610) 765-5700
April 29, 2002
Hugh L. Landrum, Jr., President
Hugh L. Landrum & Associates, Inc.
1200 Aerospace Avenue, #106
Houston, Texas 77034-5567
Re: 2002 Harris County Personal Property Tax
Via Fax (281) 484-7272
Dear Hugh:
Please find below Ex Tex LaPorte, Limited Partnership's business personal property rendition of taxable
property located at the Stang Subdivision in the Enoch Brinson Survey (Abstract'5) in LaPorte, Harris
County, Texas (Air Products and Chemicals, Inc. plant): '. .
Estimated Year Life
. Description Cost Market Value Acquired Expectancy
4 GE Turbines/Pipeline 38,248,100 9,148,946 2001 15 Yrs
Turbine Blades 5,683,981 . 1,330,052 2001 10 Yrs
Transformers 1,679,186 401,661 2001 15 Yrs
Spare Parts 2,600,000 621,920 2001 15 Yrs
Machinery & Equipment 277,286 66,327 2001 15 Yrs
Metal Building 123,900 29,637 2001 20 Yrs
Office Furniture 1,500 351 2001 15 Yrs
Office Supplies 100 100 2001 1 Yr
Total 48,614,053 11,598,993
The plant is a peaker plant consisting of 4 GE 6B simple cycle units that went on-line in July 2001. The
project was started during a period of high prices for energy and big demand in an overbuilt market. The
units produced 28,510 MW of which 26,310 MW went to the grid. The project was expected to send
approximately 108,000 MW to the grid with fuel costs that were projected to be a lot less than their actual
cost. The plant operated at 26% of projected capacity. Due to current depressed energy prices, it is
expected that the plant will operate aVor about the same level as 2001. Therefore, I am requesting an
adjustment for economic obsolescence. Please refer to the attachments to support my Estimated Market
Value. Could you please provide me with the information necessary to enter an Industrial District
Agreement? Please feel free to call me to discuss. My telephone number is 610-765-5729.
Sincerely,
(l ,.., J-tj..
I' I...----'JV" ,~ --~__~~__~;.;.<~ .<1
j /" /1
Joseph F. Geiger, Jr., Esq., CPA
Principal Tax Analyst
Attachments
EX TEX LAPORTE
PROPERTY TAX - 2002 HARRIS COUNTY, TX
JFG
04/29/2002
Physical Economic
Economic Depreciation Physical Adjusted Adjustment Adjusted
Description Life ~ Bate Depreciation ~ .% .'iaIue
4 GE Turbines/Pipeline 15 YR 38,248,100 0.08 3,059,848 35,188,252 26% 9,148,946
Turbine Blades - 4 units 10YR 5,683,981 0.10 568,398 5,115,583 26% 1,330,052
Transformers 15YR 1,679,186 0.08 134,335 1,544,851 26% 401,661
Spare Parts 15YR 2,600,000 0.08 208,000 2,392,000 26% 621,920
Air Products/Mach & Equip 15 YR 277,286 0.08 22,183 255,103 26% 66,327
Office/Warehouse/Maint Bldg 20YR 123,900 0.08 9,912 113,988 26% 29;637
Office Furniture 7YR 1,500 0.10 150 1,350 26% 351
48,613,953 4,002,826 44,611,127 11,598,893
EX TEX LAPORTE
PROPERTY TAX - 2002 HARRIS COUNTY, TX
POLLUTION CONTROL PROPERTY (TAX EXEMPT)
JFG
04/29/2002
Description
Demisters - used to remove oil liquid droplets from gas streams (4 units
at $10,000 = $40,000 per P. Weeks)
40,000
Continuous Emissions Monitoring System - installed cost
(purchased from Air Products, source: D. Wusinich letter dated 2/28/01)
484,000
DLN 1 combustors for NOX control (4 units @ $961,000)
(purchased from GE, source: P Weeks e-mail dated 4/23/02)
3,844,000
DLN 1 Spare parts
(source: P. Weeks e-mail dated 4/23/02 wi spreadsheet)
1,731,774
Total
6,099,774