HomeMy WebLinkAbout1969-01-06 Regular Meeting
MINUTES - REGULAR MEETING
OF THE
LA FORTE CITY COMMISSION, LA PORTS, TEXAS
January 6, 9969
7:00 P.M.
MEMBERS OF THE COMM/SS/ON PRESENT: Mayor H. P. Pfeiffer, Commissioners
Bobby J. Burgin, Charles D. Boyle, H. Gould Crofoot, and Lois J.
Compfon.
MEMBERS OF THE COMM/SSiON ABSENT: None
OTHER CITY OFF1ClALS PRESENT: City Administrator P. U. Werner, City
Attorney Knox Asktns, City Clerk Marilyn Kelley, Chief of Police
H. F. Freeman, Superintendent of Streets Cltfford E11is, and
Water and Sewer Superintendent Lyman Cunningham.
PRESIDING: Mayor Pfeiffer.
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9. The minutes of fhe regular meeting held on December 96, 9968,
and the special meeting held on December 30, 9968, were approved
as written.
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2. Mr. Nathan B. Crawford presented a petition requesting that
Outlots 486 thru 490, Town of La Porte, be disannexed.
Mayor Pfeiffer stated that the Commission would take the petition
under advisement, and would have an answer within 30 days.
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3. Mayor Pfeiffer stated that the Commission will have a work
session to study the Mobil Nome Park Ordinance.
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4. The City Administrator stated that N1r. 4V. A. Stabs, Sr. has
requested an adjustment on a large water bill. He further
stated that he has checked out the readings and determined that
the meter has been read each month, that Mr. Cunningham read
the meter and found that there was a leak. He stated that
he could only give an adjustment in keeping with the adjustment
policy.
Commissioner Boyle recommended that Mr. Stabs be given an
adjustment according to the adjustment policy.
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5. The Commission accepted a letter of resignation from Clifford
Ellis, Superintendent of Streets and Alleys, and expressed
their regrets for the resigaation being necessary. (See Exhibit No. 1).
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6. Commissioner Boyle made a motion, seconded by Commissioner
Crofoot and carried, that the following accounts payable be
approved:
Eugene Hovey $1,380.00
Eugene Hovey 384.00
St. Regis Paper Company 196.72
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7.
A motton was made by Commissto»er Boyle, seconded by
Commissioner Burgin and carried, that the following statments
from Knox 'r4`. ~+skins be approved:
November, 1968
December, 1968
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8.
X169.00
370.00
Commissioner Crofoot made a motion, seconded by Com~nisstoner
Compton and carried, that 0;°dinance No. 809 be passed on first
and final reading;
CAPTION:
AN ORDINANCE DISANNEXING CERTAIN TERRITORY HERETOFORE ANNEXED
TO THE CITY OF LA f~RTE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDIrti'G AN EFFECTIVE DATE HEREOF.
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9. A motion was made by Commissioner Burgin, seconded by Commissioner
Crofoot, that the Mayor and other required City Officials be
authorized to sign an Industrial Contract with Southwest Chemical
and Plastics Company. Motion carried. (See Exhibit No. 2).
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10. Commisstoner Compton made a motion, seconded by Commissioner
Crofoot, that Ordinance No. 810 be passed on first and final
reading.
CAf/TION:
AN ORDINANCE DISANNEXING CERTAIN TERRITORY HERETOFORE
ANNEXED TO THE CITY OF LA FORTE; CONTAINING A SAVINGS
CLAUSE; AN D PROVIDING AN EFFECTIVE DATE HEREOF.
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11~ A motion avers made by Commissioner Compton, seconded by
Commissioner Crofoot that the Mayor and other City Officials
be authorized to sign an Industrial Contract with The Up John
Company. Motion carried. (See Lxhibit No. 3).
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12. Commissioner Boyle made a motion, seconded by Commissioner
Crofoot, that effective Wednesday, January 8, 1969, the work
day for the Public Works Department be cut from a 9 hour day
to and 8 hour day, with the pay adjusted so the employee will
draw the same pay on a monthly basis, and that time and one-half
be paid for unscheduled tail outs and regular time being paid
for scheduled overtime. Motion carried.
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13. The City Administrator stated That the City had received a
letter from the Texas Atr Control Board stating that the City
cannot burn garbage after July 1, 1969.
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14. The City Administrator presented prices for the purchase of
addittonal Iand for the garbage dump. Prfces ranged from
,6,500. to X12,5^0. He recommended that the City purchase
Block 475 from E. W. Applebe for X36,500. Actton was tabled
for study.
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THERE BE1NG NO FURTHER BUSINESS AT HAND, THE MEETING i~'AS ADJOURNED.
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H. P. PFEIF R
MAYOR
ATTEST
MAR 1 L YN KELLEY
CITY CLERK
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Ja.nu~.ry 2 , 1958
• Having received na gover~ment~.l. or proprietary services
fr~m the city of I~. Porte 'for over three ye~.rs , while within
'the carpor~.te city limits, Ure, the undersi>ned resi3ents of
La. Porte Outlots 4&h through 490, the area which is bounded
by Avenue H o~- the north , Underwcc~. E?os.i on the west , 1'a,rk-
w~0~ I'err~.ce on the south, and .Big Isl~.nd Slough r.~n the e~.st ,
do hereby ~~etiti~.n the city of Ls, forte far di~9?nnex~tion of
the above described property.
Under the terms of the Texasr+iunicipa.l pct, Article 970x,
Section 10, the city of L~. Porte must a,ct to di3a,nnex this
aria within ninety (90) days..
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January 6, 9969
Hon. Mayor and City Commissioners
City of La Porte
P. O. Box 99 95
La Porte, Texas 77579
Gentlemen and Mrs. Compton:
Because of the embarrassment to you in my election as Mayor
of Shoreacres, Texas, l feel it my duty to resign my position
of Superintendent of Streets for the City of La Porte.
l make this resignation effective January 39, 9969. This gives
the City time to hire someone in my place.
l have enjoyed working for you as the Governing body of La Porte.
/f ever there is any way l may be of service to yov, please
• call on me.
SincereCy,
-~
Cliff. r Ellis
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January 3, 1969
Hon. Mayor and City Commissioners
City of La Porte
P. 0. Box 1115
La Porte, Texas ?7571
Gentlemen and Mrs. Compton:
Mr. Vernon Henry appeared before tY~e Flanning and Zoning
Commission requesting that the developers of Brookglen
Section 2 be allowed 2j7' set back linen, instead of the
25' as required in the City of La Porte Sub-Division
Ordinance.
The Planning and ^oning Commission does not feel that this
request should be granted, therefore we rejected it.
We further recommend that the 25' net back line be retained.
~Yith the length of the modern automobiles, 20' is not
sufficient for theca to clear the sidewalk.
Very truly yours,
Walter Roberson, Chairman
City of La Porte
Planning and Zoning Commission
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INDUSTRIAL AGREEMENT
THIS AGREEMENT entered into between the City of
La Porte, Texas, a municipal corporation, hereinafter called
"City", and The Upjohn Company, a Delaware corporation, here-
inafter called "Company",
W I T N E S S E T H:
WHEREAS, City has a long-established policy of
endeavoring to attract industry and expand its growth, thereby
enhancing the economic stability and growth of City, pursuant
to which City entered into an agreement dated December 22, 1958,
with certain industries therein named, which agreement was there-
after amended by a subsequent agreement between City and said other
industries dated December 30, 1961, which agreements were there-
after terminated effective January 1, 1966, and contemporaneoFxsly
therewith City and said other industries entered into in8yetrial
agreements effective January 1, 1966, to which agreements
reference is here made; and
WHEREAS, further pursuant to said policy City has
~ enacted Ordinance No. 729 designating a part of the area located
in its extraterritorial jurisdiction as an industrial district
to be known as "The Battleground Industrial District of La Porte",
hereinafter called the "District", such ordinance being in com-
pliance with the provisions of Article I, Section 5 of the
"Municipal Annexation Act", H.B. 13, Acts of the 58th Legislature
•w of the State of Texas, Regular Session, 1963; and
WHEREAS, Company is the owner of a certain tract of
land more particularly described in the Deed Records of Harria,_~,_......
County, Texas, in the following Volumes and page references,
to-wit:
1. Conveyance dated as of October 23, 1962, from
the Carwin Company to The Upjohn Company, recorded in
Volume 4908, page 59, of the Deed Records of Harris
County, Texas, covering 52.809 acres of land, more or less,
r in Arthur McCormick Survey, Abstract No. 46, Harris County,
Texas.
2. Deed dated January 13, 1964, from Ben G. Sewell
to The Upjohn Company, recorded in Volwae 5381, page 537,
of the Deed Records of Harris County, Texas, covering
52.9251 acres of land in the Arthur McCormick Survey,
Abstract No. 46, Harris County, Texas.
3. Deed dated June 28, 1963, from Phillips Petroleum
Company to The Upjohn Company, recorded in Volume 5185,
page 102, of the Deed Records of Harris County, Texas;
a portion of which tract of .land is included in the City's
corporate limits by virtue of annexation to the City by City's
Ordinance No. 623 and by virtue of disannexation from the City
by virtue of City's Ordinance No. `r~' to which ordinances
reference is here made, and a portion of which tract of land lies
within the District; and
• WHEREAS, City desires to encourage the expansion and
growth of said industrial plant of Company within said District
as well as within the area included within the City's corporate
. limits by virtue of said Ordinances Nos. 623 and and
for such purpose desires to enter into this agreement with
Company pursuant to resolution adopted by the. City Commission of
said City, and recorded in the official minutes of said City.
NOW, THEREFORE, in consideration of the premises arzd
the mutual agreements of the parties herein contained, and
pursuant to the authority granted under the Texas Municipal
Annexation Act referred to above, the parties hereby agree as
follows
(1) City covenants, agrees and guarantees that during
the term of this agreement hereinbelow provided, said District
shall continue and retain its extraterritorial status as an
industrial district at least to the extent that the same covers
the above-described land lying therein belonging to Company, and
City does further covenant, agree and guarantee that such indus-
trial district to the extent that it covers said land belonging
to Company lying within said District shall be immune from
annexation by City during the term hereof, and that all of said
land and property of Company, both that heretofore annexed and
that lying within said District, shall not have extended to it
•
. INDUSTRIAL AGREEMENT, Page. 3.
by ordinance any rules and regulations (a) governing plats and
subdivision 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
,~ Company's business thereon.
(2) Company agrees that, as a payment in li®u of
taxes on the said property of Company within the District, it
will pay to City on or before December 31 in each year during
the term hereof an amount reached by first ascertaining the
fair market value of such property of Company within the District,
by using as the basis therefor the fair market value established
by Harris County in fixing its ad valorem tax assessment for that
year on the property of Company which lies within the District,
then applying to the fair market value so obtained the percentage
ratio applied to the fair market value of property which is then
used by City in fixing ad valorem tax assessments on property
within the City, and then applying to the figure thus obtained
eighteen percent (18$) of the tax rate of City for that year.
For the purpose of computing "fair market value" hereunder, and
for such purpose only, it is agreed that presently the ratio of
ad valorem tax assessment used by Harris County is twenty percent
(20~) of the fair market value of property and that presently the
ratio of ad valorem tax assessment used by City is forty-two
percent (42$) of the fair market value of property. Any change
• in such ratios used by Harris County and/or the City on or after
January 1, 1966, shall be reflected in all future computations
hereunder.
In the event Company elects to protest the valuation
set on its said properties by Harris Coi
during the term hereof, then nothing in
preclude such protest and Company shall
all legal steps desired by it to reduce
- time as the protested Harris County tax
of Company has been finally determined,
final judgment of a court of compettent
inty for any year or years
this agreement shall
have the right to take
the same, but at such
valuation on said property
either as the result of
jurisdiction or as the
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INDUSTRIAL AGREEMENT, Page 4.
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. Even though Company does protest the valuation set
on its said properties by Harris County, Company will pay to
City on or before the time therefor hereinabove provided the
total amount of the payment in lieu of taxes which would be due
by Company to City in accordance with the foregoing provisions
of this paragraph (2) on the basis of renditions filed by Com-
pany with the Tax Assessor of Harris County for that year.
Should the City Commission, by resolution duly
adopted by a majority of its members within thirty (30) days
after the ad valorem tax assessment on Company's said property
within the District is fixed by Harris County for any year
during the term hereof, determine that such assessment is more
than twenty percent (20~) less than the assessment for that year
by Harris County of comparable properties within the District,
the City may question Company's said assessment for the purpose
of this agreement by so notifying Company in writing. Such
written notice shall be given Company within six (6) days after
the adoption of such resolution by registered United States mail
addressed to Company at P.O. Box 685, La Porte, Texas, and the
same shall be accompanied by a true copy of such resolution.
Zf Company and City then do not agree on an assessment, City
• may within three (3) months after the delivery of such notice
petition the District Court of Harris County for a declaratory
judgment to be tried as other civil causes in which City must
establish by a preponderance of the evidence that the assessment
of Company's said property for that year is in fact more than
twenty percent (20$) less than the assessment by Harris County
for that same year of comparable properties. If final judgment
is entered in any such suit declaring Company's said assessment
to be more than twenty percent (20~) less than said assessment
by Harris County of comparable properties and determining in
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INDUSTRIAL AGREEMENT, Page g.
dollars the proper assessment that should have been placed on
Company's said property by Harris County for the year in question,
then the assessment determined by said judgment shall be used
for the purpose of calculating the amount to be paid City in lieu
of taxes in accordance with the provisions of paragraph (2)
above. If final judgment entered in any suit does not find said
assessment on Company's property to be more than twenty percent
(20$) less than said assessment by Harris County of comparable
properties within the District, then the assessment originally
established fox that year shall be used for the purpose of
paragraph (2) above. The costs of any such suit, exclusive of
attorney's fees, shall be borne by the losing party.
(3) This Industrial Agreement shall extend for a term
beginning on the first day of January, 1966, and continuing
thereafter until December 31, 1972, unless extended for an
additional period or periods of time as provided by the Texas
Municipal Annexation Act upon mutual consent of the parties;
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, 1972, the agreement of the City not to annex
property of Company within the District shall terminate. In
this connection, City hereby expresses its belief that such
industrial district agreements are Conducive to development of
existing and future industry, are to the best interest of all
• citizens of this City, and City hereby encourages future City
Commissioners to enter into future industrial agreements and to
extend for additional periods permitted by law this industrial
agreement upon the request of Company, its successors or assigns.
(4) This agreement shall inure to the benefit of
and be binding upon City and Company, its assignees, successors,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns or in any other manner disposes o.f,
either voluntarily or by operation of law, all or any part of the
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INDUSTRIAL AGREEMENT, Page 6.
property belonging to it within said District, and the agreements
herein contained shall be held to be covenants running with the
land described in said deeds dated October 23, 1962, January 13,
1964, and June 28, 1963, for so long as this agreement or any
extension thereof remains in force.
ENTERED into this 1st day of January, 1966.
THE UPJOHN COMPANY
Dire or of Operations
CITY OF LA PORTE
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ATTEST:
By ~ ~
M o
Ci y Cler
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City mm ssioner
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C ty Commiss' ner
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City Commission r
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,1 /,C ' y C issioner
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City Tax Assessor
AP O D AS TO FO
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City Attorney
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• INDUSTRIAL AGREEMENT
THIS AGREEMENT entered into between the City of La Porte,
Texas a municipal corporation, hereinafter called "City" , and the South-
west Chemical & Plastics Company, hereinafter called "Company",
WITNESSETH:
" WHEREAS, City has along-established policy of endeavor-
ing to attract industry and expand its growth, thereby enhancing the econo-
mic stability and growth of City, pursuant to which City entered into an
agreement dated December 22, 1958, with certain industries therein named,
which agreement was thereafter amended by a subsequent agreement between
City and said other industries dated December 30, 1961, which agreements
• were thereafter terminated effective January 1, 1966, and contemporaneously
therewith City and said other industries entered into industrial agreements
effective January 1, 1966, to which agreements reference is here made; and
WHEREAS, further pursuant to said policy City has enacted
Ordinance No. 729 designating a part of the area located in its extraterri-
torial jurisdiction as an industrial district to be known as "The Battleground
Industrial District of La Porte" , hereinafter called the "District" , such
ordinance being in compliance with the provisions of Article I, Section 5 of
the "Municipal Annexation Act" , H . B . 13 , Acts of the 58th Legislature of
the State of Texas, Regular Session, 1963; and
WHEREAS, Company is the owner of a certain tract of land more
particularly described in the Deed Records of Harris County, in the following
•
Volumes and page references , to-wit:
Ten (10) acres of land in Lots 21 and 22 of the Strang Subdivi-
sion in the Enoch Brinson Survey, Abstract No. 5, Harris County, Texas,
according to the plat thereof recorded in Volume 75, page 22, of the Harris
County Deed Records , being part of the land conveyed by Olive H . Good
to E . J , Klein , et al , by deed dated November 10 , 1941 , recorded in
Volume 1196, page 725, of the Harris County Deed Reoords.
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Upon this tract Company has constructed an industrial plant and a portion
of such tract was annexed to the .City by City`s Ordinance No< P
to which reference is here made; and a portion of said plant and land lies
within the District; and
VITHEREAS ® City desires to encourage the expansion and growth of
said industrial plant of Company within said District as well as within
the area annexed to City by said Ordinance Noo _~ and for such
purpose desires to enter into this agreement with Company pursuant to
resolution adopted by the City Commission of said City, anal recorded in
the official minutes of said City
• NOVIT, THEREFOREa in consideration of the premises and the mutual
agreements of the parties herein containeda anal pursuant to the' authority
granted under the ~'exas Municipal Annexation Act referred to above the
parties hereby agree as followso
(1) City covenants, agrees and guarantees that during the term
of this agreement hereinbelow provided, said District shall continue and
retain its extraterritorial. status as an industrial district at least to the
extent that the same covers the above®described land lying therein be~
longing to Company ~ and City does further covenant a agree and guarantee
that such industrial district to the extent. that it covers said land belong
. ing to Company lying within said District shall. be immune from annex
ation by City during the term hereof9 and that all of said land and pro-
perty of Company, both that heretofore annexed and that lying within said
District,, shall not have extended to it by ordinance any rules and regu~
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lations (a) governing plats and subdivision of land, (b) prescribing any
building, electrical, plumbing or inspection code or codes, or (c) at-
tempting to exercise in any manner whatever control over the conduct
of Company's business thereon.
(2) Company agrees that, as a payment in lieu of taxes on the said
property of Company within the District, it will pay to City on or be-
fore December 31 in each year during the term hereof an amount reach-
ed by first ascertaining the fair market value of such property of Com-
pany within the District, by using as the basis therefor the fair market
value established by Harris County in fixing its ad valorem tax assess-
• ment for that year on the property of Company which lies within the Dis-
trict, then applying to the fair market value so obtained the percentage
ratio applied to the fair market value of property which is then used by
City in fixing ad valorem tax assessments on property within the City,
and then applying to the figure thus obtained eighteen percent (18%) of the tax
rate of City for that year. For the purpose of computing "fair market
value" hereunder, and for such purpose only, it is agreed that presently
the ratio of ad valorem tax assessment used by Harris County is twenty
percent (20%) of the fair market value of property and that presently the
ratio of ad valorem tax assessment used by City is forty-two percent
(42%) of the fair market value of property . Any change in such ratios
used by Harris County and/or the City on or after January 1 , 1966, shall
be reflected in all future computations hereunder.
In the event Company elects to protest the valuation set on its
said properties by Harris County for any year or years during the term
hereof, then nothing in this agreement shall preclude such protest and
Company shall have the right to take all legal steps desired by it to
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reduce the same, but at such time as the protested Harris County tax
valuation on said property of Company has been finally determined,
either as the result of final judgment of a court of competent jurisdic-
tion 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.
Even though Company does protest the valuation set on its said pro-
perties by Harris County, Company will pay to City on or before the
time therefor hereinabove provided the total amount of the payment in
lieu of taxes which would be due by Company to City in accordance
• with the foregoing provisions of this paragraph (2) on the basis of
renditions filed by Company with the Tax Assessor of Harris County
for that year .
Should the City Commission, by resolution duly adopted by a
majority of its members within thirty (30) days after the ad valorem
tax assessment on Company's said property within the District is
fixed by Harris County for any year during the term hereof, determine
that such assessment is more than twenty percent (20%) less than the
assessment for that year by Harris County of comparable properties
within the District, the City may question Company's said assessment
for the purpose of this agreement by so notifying Company in writing.
• Such written notice shall be given Company within six (6) days after the
adoption of such resolution by registered United States mail addressed to
.~~~r ~ior~~'
Company at its ~`I'exas office and the same shall be accompanied
by a true copy of such resolution. If Company and City then do not
agree on an assessment, City may within three (3) months after the
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delivery of such notice petition the District Court of Harris County for a
declaratory judgment to be tried as other civil causes in which City must
establish by a preponderance of the evidence that the assessment of Com-
pany°s said property for that year is in fact more than twenty percent (20%)
less than the assessment by Harris County for that same year of compar-
able properties a If final judgment is entered in any such suit declaring
Company's said assessment to be more than twenty percent (20%) less
than said assessment by Harris County of comparable properties and de-
termining in dollars the proper assessment that should have been placed
on Company°s said property by Harris County for the year in question,
• then the assessment determined by said judgment shall be used for the
purpose of calculating the amount to be paid City in lieu of taxes in accor-
dance with the provisions of paragraph (2) above, If final judgment entered
in any suit does not find said assessment on Company's property to be
more than twenty percent (20%) less than said assessment by Harris
County of comparable properties within the District, then the assessment
originally established for that year shall be used for the purpose of para-
graph (2) above . The costs of any such suit, exclusive of attorney's
fees , shall be borne by the losing party .
(3) This Industrial Agreement shall extend for a term beginning
on the first day of January, 196.b, and continuing thereafter until Decem-
• ber 31 , 197 unless extended for an additional period or periods of time
as provided by the Texas Municipal Annexation Act upon mutual consent
of the parties; 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 , 1972, the agreement of the City not to annex property of Com-
pany within the District shall terminate. In this connection, City hereby
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• expresses its belief that such industrial district agreements are conducive
to development of existing and future industry, are to the best interest of
all citizens of this CityP and City hereby encourages future City Commissions
to enter into, future industrial agreements and to extend for additional periods
permitted by law this industrial agreement upon the request of Companyd its
successors or assignee
(4) This agreement shall inure to the benefit of and be binding upon
City and Company, its assigneeso successorso affiliates and subsidiaries„
and shall remain in force whether Company sells, assigns or in any other
manner disposes ofo either voluntarily or by operation of laws all or any part
of the property belonging to it within said districts and the agreements herein
• contained shall be held to be covenants running with the land described in
said deed dated ,for so long as this agreement
or any extension thereof remains in force,
ENTERED into this 1st day of January 196 b °
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ATTEST
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Sec etary
APPRO~TED AS TO FORMo
~ y~
SOUT.HV~IEST CHEMICAL & PLASTICS CO°
President
CITY OF LA PORTS
°6®
~~-~" City Tax Assessor