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HomeMy WebLinkAbout1961-11-27 Special Meeting• • MINUTES - SPECIAL, MEETING LA PORTS CITY COMMISSION -NOVEMBER 27, 1961 t._~ V j ~~ ~,'_~ :~ 5:30 P. M. Special meeting of the City Commission was called to order by Mayor H. P. Pfeiffer, with the following members present: Commissioners Brown, Durham, Stabs and Osborn, and City Clerk Frank G. Baker. Also present were Ernest Brown, Jr., and Carlos Smith. Ordinance No. 63Lt was read in full by Mayor Pfeiffer. Motion by Osborn, second by Dunham, that Ordinance No. 63l: be adopted as read. The caption of such adopted ordinance reads as follows: AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF LA PORTS, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE SAID CITY OF LA POIR.TE, TEXAS, SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED TERRIT ORY, GRANTING TO ALL IN- HABITANTS AND OWNERS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER. CITIZENS, BINDING SAID INHABITANTS BY ALL THE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF THE CITY OF LA PORTS, TEXAS, RESERVING AND PRESERVING ALL RIGHTS, POWERS AND DUTIES AS TO TERRITORY INCLUI~D IN PRIOR ORDINANCES. Carried. ~,~~ ~~p';I S "~ y ~..; :.z1 ~; ~~~ Motion by Brown, second by Osborn, that resolution adopting amended contract with industry be adopted, said amended contract reads as follows, to-wit: THIS AGREEMENT made and entered into by the City of La Porte, Texas, a home rule municipal corporation in Harris Gounty, Texas, herein called the "City", acting by and through its officers and a]1, members of its City Commission, and E. I. du Pont de Nemours and Compaapr, Celan- ese Corporation of America, National Distillers and Chemical Corporation, Houston Lighting & Power Comper:y and Phillips Petroleum Company, each being private corporations, with pera~i.ts to do business in Texas, here- in called the "Industri.es" and/or "Industry," W I T N E S S E T H WHEREAS, unc~r date of December 22, 1958, the City and E. I. do Pont de Nemours and Compa~r, Celanese Corporation of America, Nat- ional Petro-Chemicals Corporation, Houston Lighting & Power Compaq and Phillips Petroleum Company entered into that certain Agreement relating to the annexation by the City of certain lands of the Indus- tries, and other lands, ali as more fully set forth in Ordinance No. 55~, as Amended, duly passed by the City Commission of the City of La Porte, Texas, on December 22, 1958, herein referred to as "At~ended Ordinance No. 558," to which Agreement and Ordinance reference is here made for all purposes; and • • WHEREAS, the property formerly owned by National Petro-Chemicals Corporation and oovered by said A greement dated December 22, 1958, is now o~med by National Dis tillers and Chemical Corporation; and WHEREAS, it is deemed in the best interest of the City and the Indus tries that such Agreement be supplemented and amended as herein provided: NOW, THEREF(~iE, in consideration of the mutual covenants and agreements herein contained, the suf ficiency of which is acknowledged,. it is agreed by the parties as follows: I. The metes and bounds d®scription of the area annexed by the City in said Amended Ordinance No. 558 are altered and expanded to include addi- tional lands of the respective Industries, all as set forth in a new Or- dinance No, b37, as passed by the City Co~ni-scion of La Porte, Texas, on the date hereof, a Dopy of which is attached for all purposes. II. The said new Ordinance No. 637 is hereby substituted for all purposes for the said Amended Ordinance No. 558, enacted December 22, 1958, as referred to in and as an attachment to and part of said Agree- ment between the City and the Industries of December 22, 1858, and that Agreement is hereby ratified, confirmed and adopted by the parties here- to as the date of this Agreement, including any and all recitations, statements and admissions therein contained which are here now recog- nized as presently eai.sting, to the same extent and for the same purposes and effect as they were on December 22, 1958, SAVE AND EXCEPT only as such Agreement of December 22, 1958, is expressly amended herein to the c®ntrary. III. Article III of said Agreement dated December 22, 1958, is hereby amended to read in its entirety as follows: "During the tern: h®reaf the City will not annex or attempt to annex an3r properties now owned by the Industries or any of them, other than those included within the descriptions set out 3n said new Ordinance No. 637." IV. Article IV of said Agreement of December 22, 1958, is hereby amended by deleting the same in its entirety as it originally appears therein and substituting therefor the followibg: "The parties recognize the difficulty of ascertaini.xg with certainty the fair market value of the real and personal property of the Industries included within the corporate limits of the City, as set out in said attached ordi~ce, and desire to avoid any controversy in that respect. Wherefore, after full inspection of such properties by the City, acting through its Commission and Tax Assessor, and upon full disclosure by eadh of the Industries, it is agreed that the present 100 fair market~alue of such properties of the Industries respectively are as set out in Schedule A attached hereto and made a part hereof." V. Article VI of said Agreement of December 22, 1958, is hereby amended by substitutin6 the date "1966" for the date "1963" at each place therein where the latter occurs, and bg substitutixg the mobth "October" for "November" where the latter occurs. VI. Article VII of said Agreement of December 22, 1958, is hereby amended to the extent that, notwithstanding the provisions of said Article VII, it is agreed that any sale, c®nveyance or least by any of the Industries to a subsidiary or to affiliated corporations in which said Industry owns or controls fifty perccent (50~) or more of the voting stock shall not have the effect of removing such land frog the operation of this Agreement. SCHEDULE A (Attached to Agreement between City of La Porte and the Industries listed below, dated December 30, 1961} Houston Lighting & P©wer Company ....................... X7,288,580.00 E. I. du Pont de Nemours and Company ................... 2,077,140.00 Celanese Corporat3.oA of America ........................ 2,017,140.00 National Distillers and Cheadcal Corporation ........... 2,698,580.00 Phillips Petroleum Compaq ............................. 204,280.00 Carried. Ordinance Na. 635 was read in full by May©r Pfeiffer. Motion by Brawn, second by Stabs, that Ordinance No. 635 be adopted as read. The caption of such adopted ®rdinance reads as fo]1®ws: AN ORDINANCE ANNEXING THE HEREINAFTER. DESCRIBED TERRITORY TO THE CITY OF LA PORTE, TEXAS, AND EXTENDING THE BOUATDAft7~ LIMITS OF THE SAID CITY OF LA PORTE, TEXAS, SO AS TO INCLUDE SAID HERE- IN A FTER DESCRIBED TERRITORY, GRANTING TO ALL INHABIT ANTS AND OWNERB OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS, BINDING SAID INHABITANTS BY ALL THE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF THE CITY OF LA PORTF, TEXAS, RESEFtVII~ AND PRESERVING ALL RIGHTS, POWERS AND DUTIES AS TO TERRITORY INCLUDED IN PRIOR ORDINANCES. Carried. ~ ~ Motion by Dun?~am, second by Brown, that the meeting adjourn. Carried. ATTEST: ~,k G. Baker, City erk o he ity of La Porte, Texas H. P. P eiffer, r o e ty of La Porte, Texas