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HomeMy WebLinkAbout1958-10-17 Regular Meetingw MIIJUTSS •• RE{'rUL~ft MATING LA PCR TE CaY COMMISSION - OCTOBgt 17, 1958 7:3f) P. M. Regular meeting of the City Comoa~i.ssion was called to order by Mayor H, P. Pfeiffer, with the folloa~.ng Commissioners present: LaRler, Osborn, Boyle; Special Counsel Jno,S. KiibLer, Supt. lf. ~,, Arthur, and City Clerk Frank G. Baker. Also present were Jim Holly (Press), Mrs. Carter anal Mrs. Severs. Minutes of the last meeting were read and approved. Carried. Motion by Boyle, secorxi by Osborn, that permission be given II.ementary P. T. A. to circle high school stadium block with fire trucks on the night of October 30, 1958. Carried. The Commission unan3.mously agreed to participate on a 50-0 basis on sideRalk in front of Da~i.s Enterprises on ~fest Main Street. Motion by Boyle, second by Lawler, that I~l.sie Moore be appointed to the ` Zoning Board. Carried. Supt. Axthur Ras instructed to look for a man suited far dog catcher. Motion by Osborn, second by bawler, that Ordinance No. 557, be adopted as read. The caption of such adopted ordinance rea~.s as fo3.laws: A13 ORDIlJ.(~TCS ANNULLING, CANCELLING ~1D R.EPEArLING CERTAIN PROLE®INGS H~tET0~8E HIED ~t THE MATTER QF CERTA~t PRO- POSED EXTENtSIC~tS OF THE CITY LIMITS OF THE CITY OF L~- PCRTF .dS COMMENCED BY (~2DINWNCE N0, 494, P~ISS~ ON ITS FIRST itF.liDIldG ~ THE 20TH DAY OF T~ftCH, A. D. 1956, A+1D AS dDED BY ORDIN(~1NCE N0. 534, Pl~SSED Cl~ ITS FIRST RF.l4DING ON THE 26TH DAY OF MARCH, ~. D. 1958, AN,D .dS FURTHER AMF~IDED BY ORDINANCE N0. 545, P~SF~ ~ ITS FIRST READING ON THE 2ND DAY OF JULY, A. D. 1958, ,ANNULLING, CA~TCB[~ING .~1D REPENLING EACH OF SAID ~ORDIN~JC~S; PROVIDED THAT THIS SHEiLL NOT AFFECT THE P~ OF THE CITY 1~TD ITS COI+~MISSION BY AIJ~G NPIhf Cat FURTHER PRO- CF.EDINGS, TO `.~TNEY TO THE CITY ALL OR A1NY PART OF -THE ARF.~- PROPC6ED TO HAVE BEIIQ ANl~ BY SAID ~tDINANCE N0. 494, BY SAID .ORDINANCE N0. 534, AND BY s.~zD ORDINANCE No. 545. Carried. • Mayor Pfeiffer introduced a proposed ordinance No. 558, the caption of which is as follows : ` AN CfftDIN.~NCE EICTII4DIlaG THE CITY LIYLTS OF THE CITY OF L~. PDItTE TO INCLUDE ~iI.L LANDS AND AREA, WITHIN CERTAIN LIMITS AND BOUN- DARI~S AND ~fiNE~ TO THE CITY OF LA. PORTS ALL OF THE - WITHIN SAID LIMITS I~ND BO[JNDARIES, SXCLt3DING SUCH L~IND6 G~ ARE,a. WHICH IT IS NOT WITHIld THE J[~ISDICTIOIJ OF THE CITY t&' LPt, PORTS TO .P~NNE7I; PRAVIDIlJG FCR PUBISCdTICN OF THE ORDINANCE AFTE{t ITS INITIAL ]NTRC®UCTION .AND PljSSAGE BY THE CITY C011~- ISSION OF THE SAID CITY; PROVIDING THAT .ANY CITIZEPi G'~' THE SAID CITY t1R. OF THE TERRITORY TO BB ~ ~1NNE7CID SH@II.L H~1VS THE RIGHT TO CONTEST SUCH ANNEXATION AND BE GNl~1 AN OPP~TUNITY TO BE HERD; PRIDING TART THE IlJHB~BIT.~-NTS OF THS TERRITCt~Y HEREBY ANNE7C`~ SHALL F3E FNTITLID TO THE RIGHTS ~1D PRIVILEGES OF OTAFR CITIES OF THE CITY C~' La PORTS STD SHALL E~ BOUND BY THE 1~CTS,_ORDINANCES, LTC., OF SAID CITY; .AND PROPID]NG A SAVINGS CLAUSE. Proposed Ordinance No. 558 was read in full by City Clerk Frank G. Baker. Commissioner Lawler moved that Ordinance No• 558 be approved and '~` passed by tlae City Cc~rnission of the City of La Pointe, on its first reading; the motion wassecon3ed by Cc~m~o.ss~-oner Boyle. The motion carried by the following vote: C<~nd.ssioner Las'lera Commissioner Boyle, Commissioner Osborn ar~d Mayor pfeiffer_.voting wayen, and none voting "nos. ~[otion by Laa~lera second by Boyles that Ordinance No. 558 be pub- lished in the citg~s official newspaper, one time, October 2lith, 1958. Carried, Notion by Osborn, second by Lawler, that a public Bearing on Ordinance No. 558 be held on December 5th, 1958, the first meeting in that month. Carried. Motion by Osb~n, second by Lawlera that Ordinance No. 559, be adopted as read. The ception of such adapted ordinance reads as follarss AN C~.DINANCE PRESCRIBING THE 'FEES TO BE CH9fftGED FCR BUILDING PERMITS, AI~FRATIt)N PERII~ITS AND REP.AZR PUTTS .AND REPEdOZ1AiG ALL ORDINANCES AND~~ PARTS OF DRDII~-NCES IN CONFLICT THERF~- WITH TO TAE E7IT~+IT OF SUCH CONFLICT. Carried. Motion by Lawler, second by Boyle, that the meeting ad~om'nCarried. -~ ~ .- ~-' .,. • ei er, a e y La Porte, Texas ATTEST: `- ~ r .. ~ Cet. L/~ t t/ (}. Ba ~ C ty r of i y of La Porte, Texas ~X~, t ~ r r «~ ,, RESOLUTION WHEREAS, the City Commission of the City of La Porte passed on first reading, on October l7, 1958, that certain Ordinance 1Vo. 558, purporting to an- nex, to the existing City Limits an additional area which would include all or a part of the real property and/or manufacturing plants of E. I. du Pont de Nemours C Co., Celanese Corporation of America, National Petro-Chemicals Corpora- tion, Houston Lighting & Power Company, and Phillips Petroleum Company, u~th~n the City Limits, as so extended; and WHEREAS, the said industries have duly filed with the City written r protest and objections to the said annexation proposed in said Ordinance No. 558; and WHEREAS, a controversy therefore exists as to the legal rights bf the City to annex .the properties of the industries and it is the desire of the par ties to settle such controversy; and WHEREAS, the City and the said industries recognize that under the cir- cumstances a partial annexation of Bone of the real property of each of the in- dustries within the area, but not the full annexation of their entirety, pursuant to the terms of the written contract and the letter, dated December 22, 1953, a copy of such contract and letter being hereto attached and marked "Exhibit A" and "Exhibit B" respectively, is a reasonable, lawful and equitable manner in which to settle such controversy; and WHEREAS, it is to be the best interest of the City of La Porte to make and enter into a contract with said industries, containing all of the terms, agreements, conditions and covenants contained in said Exhibit A and said Exhibit B; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COlgl11fi6SI0N OF THE CITY OF LA PORTE,That the City make and enter into a contract with E. I. du Pont de Ne- mours v Company, Celanese Corporation of America, National Petro-Chemicals Cor- poration, Houston Lighting C Power Company, and Philips Petroleum Company, upon all of the terms, agreements, conditions and covenants contained in the copy of such contract hereto attached and marked "Exhibit A" and in the letter dated December 22, 1958, hereto attached and marked "Exhibit B", and that H. P. Pfeiffer, .... ,~ ~ , r ~ -2- Mayor of the City of La Porte, and Frank G. Baker, City Clerk of the City of La Porte, be and they are hereby authorized and instructed to execute and deliver said contract on behalf of the City of La Porte, and to affix the official seal of the City thereto. AND IT IS SO ORDERED. _j i r ,,. ' t ,~ '~. ~ ~ . EXHIBIT A THE STATE OF TEXAS COUNTY OF HARRIS A G R E E M E N T THIS AGREEMENT made and entered into by and be- ~rteen the City of La Porte, Texas, a borne rule municipal corporation in Harris County, Texas, hereinafter called the ''City", acting by and through its officers and members of its City Commission signatory hereto, and E. I. du Pont de Nemours and C©mpany, Celanese Corporation of America, National Petro-Chemicals Corporation, Houston Lighting & Power Company and Phillips Petroleum Company, each being corporations with permits to do business in Texas, herein called the "Industries" and/or "Industry", TnIITNESSETH THAT: ini~IEREAS, the City has passed at first reading on October l7, 158 that certain Ordinance No. 558, pur- porting to annex to the existing City limits an additional area which T.aould include all or a part of the real proper- ties and/or manufacturing plants of the Industries within the City limits, as so extended, and WHEREAS, the Industries have duly filed with the t;ity written protests and ob~ectic~ns to the said ~_~.nnexation pro~po~s2d in said Ordinance No. 558, contending that the City is without the power or authority in law to annex ail or any part of the properties of each of the Industries to the City; that said properties are not suitable for municipal needs and purposes; that said prop- erties hdc~e no need of municipal services and entitlements frrnrt~ the ~`:~ ty a.nd the City is not in position to furnish the same in the foreseeable future; that such properties cannot be annexed to pay existing bonded indebtedness of ~~ • • ~ . the Cittr; that such proposed annexation contravenes statu- tort' a.nd constitutional rights of the Industries; all as more particularly set out in said protests and objection, and W'~iEREAS, a. contros~ersy therefore ~~x~.sts as to the leal right of the City; to annex. the properties of the Industries and it is the desire: of the p-~~rties to ti~ettl such controversy, and ~~JIiFREAS, the purt:i.es recognize that in the cix~- cumstanres a partial annexation of some of tYle rfYal p~rar~er- ties of each of the Industries within the area, aut r~aot the full annexation of their entirety, pursuant to the terms hereinafter set out, is a reasonab~ e, lavaful and equitai~le manner in which to settle such controversy NOUr, THEREFORI:i~, in cansideration of the mutual covenants and agreements Izerein contained, the sufficiency oz' which is acknowledged, ~.t is agreed. Y?y and between the r~~~rties a.s follows: ~~ I. The Industries withdraw any protest or objec- ty^z-~ to the f.-inal enactment of Amended Ordinance No. 558, as passed upon second and final reading by the City Com- mission on the date hereof (a copy of wi~ich is attached fo~1 a.ll ~;urposes), and waive any and. all right to notice, proteh:t or any other procedural requirement a~ to such final enactment or' said Amended Ordinance that might otherw se be :^equired, and covenant that they will make no attack upon the annexation therein provided, subject to the other terms hereof. II. The City will maintain the areas annexed in said .Amended Ordinance No. 558, as areas within the -2- ' ~ ~ • • limits of the City, for the duration of this 1'~greement, wi'!1 not disannex the same or any pert thereof, er enter into any agreement ~:~ith an~~ other municipality of ~tirhat- ever nature, ?~~hich traould result in a transfer of the area so annexed to the jurisdiction of any other munici- pa13. ty. III. During the term hereof', the Cit;a °rai L:~. not annex or attem~~t to annex. any properties of the Incius- tries, or any of them, other than those included within the descriptions set out in said Amended Ordinance No. 553. I~1. During the term hereof each of the Industries will pay ad vai.orem taxe.~ to the City on that port~.on of its land included within the l~.mits of the City under said Amended Ordinance No. 558, the amount of such taxes to be determined by the use of the following formula: 1. The assessed ad ti*alorem t~.x value fixed annu.allyT by ~Iarris County on the entire property of each of the Industries cahich lies within the area descr3_~:ed i n Ordinance No. 558 prior to its a~endmerlt, (son~~etimes referred to herein as the "area"), shall be assessed by the C:~.ty as the ad valorem tax value for that year of that portion of the property of such Industry which lies within tho limits of the City under the provisions oz" amended Ordinance No. 558, (sornet~.mes reforred to herein as the`annexed pro~~erty") . The ti~en c~,~rrent tax. r~~.te of the City shall be applied to the valuations so ob- tamed and each Industry will pay to the City _~_ • ~ • • the amount of taxes thus resulting on its annexed property for that ye::~r9 provided, however, that if the total e.mount of taxes to be paid the Ca_ty by all of the IndustrieN collectively as determ3.ned by the use of said formula small exceed the sum of One Hundred ~1'wenty- five Thousand nallars (,~125,000~ in o.ny year, then for that year the valuation cf the annexed property of each of the Industries sha11 ~e in an amount which will yield to the City at the then current City ta.~ rate that In- dustry' s ~~roportionate part of the sum of X125, 000 in the .ratio that the Harris County ad valorem tax valua- ti on or" the property of such Industr•;T in the area for that year bears to the total Harris County ad valorem tax valuat~.on of the properties of all of said Indu:- tries within the area. 2. The annual tax payment of ea:;h Industry to the City hereunder s~ia11 be in two installments, the fir. st of which s~~iall be m~.de by sucri Industry on or before January 15 in each year in an amount not leas than one-half of the taxes whj.ch ;would be paid by that Industry to the City calculated on its Harris County ad valorem tax va1?iation of its property in the area for the preceding year. The second installment sha11 be paid by each Industry on or before September 1 in each year unless Harris County has not then made final its assessrr~ent on the properties of~ 'such Industry iri the area for that ,rear, in which event the second in- stallment st~iall be paid within thirtyT days after such assessment has been made final. Such second install- ment to be paid by each Industry shall be in an amount equal to the balance of taxes remaining due by it to the City for that year when calculated on the basis of -~- • • • i.ts final Harris County ad valorer; tax valuation of its properties in the area for such year, taking into acco~.xr,t the then current ta:~ rate of the City and the f~_nal ad valorem tax valuation placed by Harris County for that same .year oL~ ti~~e properties of each of the ether Industries lying within the area when related proportionatel;~~ to the limitation of X125,000 per ye«~~ in total taxes to be paid the ~~ity by the Industries collecti~rely as hereinabove rro~~.-~.c~ed. In the event the vaiuatio;~ of said property of ;any Industry has not been made final by Harris County prior to September 1 in any yea~:~ and any payment there%~fter by sur.h Industry based o, its final v~aiuation for• that year would be in an :amount ~nrhich would ca.uUe the total taxis raid by all of the Industr~.es collectively to the City for that year to eJ~ceed 125,000, t:nen such Industry shall pay to the other Industries proportionately on the basis hereinabove provided an amount equal to that by which its tax payment for that year would exceed said total 125,000 (and reduced, 1.f necessary] in order to effect a read~iustment among all of the Industries of the pra- port~onate tax payment of each to the City for that year iri accordance with the formula above provided. 3. In the event any Industry should elect to . protest its Harris County tax valuation on its proper- ta.es with$.n the area, as f.-i.xed by the Commissioners Court of Harris County for any year during the term hereof, then nothing in this Agreement shall preclude its protest of such valuation and its taking all legal. steps desired by it to defend against the same insofar as Harris County is concerned. However, on or before September 1 in that year or within ten days of ter the action of the Commissioners Court of Harris County _~_ • • fixing such protested assessment, whichever is the later d«.te, such protesting Industry shall pay to the C~_ ty its second install~~ent of taxes due for that ye ar based on its Y~arris County ad v.larerl ta. valua- tion of its properties c~~ithin the area for the year preceding. ~t such tirrle as the ~iarris County ad ve.lorem tax valuation on the property of that Tndustry ~;uhich lies within tl~e area has become f nal either as tze result of final judgment of a court of competent jurisdic;tlon or as the result of otl-ier final conclus~_on of the controversy, then that Industry which has so i protested. shall make payment to the City of any add3_- tional tax due it based on such final valuation unl::~ss such add tional payment shall cause the total taxes paic: by all of the Industries collectively to the City for that year to exceed125,000, in ;n;hieh event such rrotesting Industry shall pay to the other Industries ~.~roportionately on the basis n.ereinabove provided an amount equal to that by whj.ch its tax payment for that year ~.~~ould exceed said total X125,000 (and reduced, if necessary}, in order to effect a readjustment among all of the Industries of the proportionate tax payment of each to the City for that year in accordance with the • formula above provided. ~~. Nothing herein contained shall be con- strued as a joinf, undertak:.ng of liability on behalf of the Industries to the City, so as to create, or pur- port to create any guarantee by any of the corporate Industries of the obligations of another; the under- t~~king of each of the Industries being direct to the C:~t~yT in the same manner a.s any other obligat3.on to pay ad valorem taxes, and the rerrzedies of the City _C_ ~ ~ • for the enfor~:emerit of this .agreement are cumulative of those otherwise resting in the City for the en+- f orcement or collection of ad valorem taxes. 5. The payments to be made by each of the Industries hereunder to the City are tax payments and not payments in 1ie?z of taxes. V. In the event the City should. for any reason d:~ssolve or become dis-established in any manner during the term hereof, the unaccrued obligations of the Indus- tries.hereunder shall immediately cease. VI. The term of this Agreement shall be from Janu- ary 1, 195; to and including December 31, 1~a53; provided, hoi~aever, that in the event this Agreement is not renewed and/or extended in the same or an amended form on or be- fore November 1, 1963, the agreement of the City not to ~~nnex. additional portions of the properties of the Indus- t~~ies shall terminate. No provision hereof shall prejudice t'~:~~: right4 of any of the parties hereto after termination or.' tY~is Agreement. VII. The terms and provisions hereof shall be bind- ink; L: :>on, and inure to the Nenefit of, the successors and ass3.r;ns of the parties hereto. Provided, however, that upon the sale, conveyance or lease, during the term hereof, to any person or corporation not a party hereto, by any of the Industries, of any of its land within the area, upon which no s~~ustantial improvements exist on the date hereof, the lana so disposed of, and any substantial improvements thereaf ter placed thereon, shall thereupon not be further subject to the operation of this agreement for all purposes, except that the annexation of said Amended Ordinance No.558 -7 - L` si~.all remain intact. Furthermore, a,ny substantial improve- ments constructed on .and within the area by Phillips ietro- '.eurn Company G.uring the term hereof are excluded herefrom for awl purposes. VIII. This Agreement may be executed and delivered in any number of counterparts or copies, any and all of :ahich shall constitute and 'ae considered as one and the same instrument. Each person, entity or corporation which executes this instrument or any counterpart or copy there- of shall be bound by all of its terms and provisions as ~.erein set forth from and after tn.e time the,. same or a counterpart or copy thereof is also executed by all other parties hereto. IN WITNESS ?~THFREOF, this Agreement is executed. as of December 22 , 195. L. I. du PONT de NEMOURS AND COMPAIv'Y ay General Matlager;-Grassell -- Chemicals Department. t#TTEST ,~ecre ary. CELAiJESE CORPORATION OF Al!ZERICA Iiy President ATTL'ST `~- recce ary. -$- .. , .. ~ ~ •. ~ , . NATION.aI, PETRO-CHEn'iICALS CORPORATION By President. ATTI:S`P: Secretary. HOUSTON LIGHTING & POWER COMPANY Dy - - - --- AT`.i~EST: President. Secretary. PHILLIPS FETROLEUI'~I COMPANY By President. ATTEST: Secretary . ___._____._ CITY OF LA FORTE ~~ Mayor ATTEST: Ci y Secretary. ~~ Ci y Commissioner. Ci y Commissioner. Ci y Commissioner. Ci y Commissioner. i y Commissioner. APPROVED AS TO FORM: City A orney. -9- ~ ~ Y ~ , i 4 ~ - ~ EXHIBIT B • `she C~ tj% of La Porte, ~~3 Porte, Te:~as, Gentle;r.en: .~ . ~' r.•. 6 Y ~s r ~" Decemaer 22 15~. ' In connection vaith the Agreement of even date 11ere~J~ith, between you and the undersigned, it is agreed that: ?~Thi le it is anticipated that the formula set out in that Agreement ;aili ,produce in taxes tc the City ea~~h year the total sum of One Hundred Twenty-Five Thousand Dollars (~125,000j, should the total Ha:.°ris County valua- tions of the Industries in the area ~.n any year be such that the total sum so calculated T,rould be less than that amount, tl~e values of each Industry tiv3.11 nevertheless be considered for that year as an amount which, applied to the formula of the Agreement, will result in a total tax. payrr-ent to the City from the Industries of One Hundred Twenty-five Thousand Dollars ($125,0001, Signed in several counterparf:s, any and all of which constitute one instrument, as of the above date. ~Tery truly yours, %. I, du PONT de NEMOURS AND COMPAI~IY By CETANESE CORPORATION OF AMERICA By N.~TIONAL PETRO-CHEMICAL" CORPORATION By rIOTJSTON LIGHTING & POGu7ER COMPANY By ~~ PHILLIPS PETROLEUM COMPANY Dy