The URL can be used to link to this page

Home My WebLink About12-14-1983 Special Meeting Industrial Development Corporation Board of Directors '1)1- , \. . . AGENDA SPECIAL MEETING OF THE LA PORTE I,NDUSTRIAL DEVELOPl-1ENT CORPORATION TO BE HELD DECEMBER 14, 1983, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 5:45 P.M. 1. CALL TO ORDER 2. CONSIDER ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FAIRMONT PLAZA JOINT VENTURE 3. CONSIDER RESOLUTION AUTHORIZING ISSUANCE OF BONDS AND APPROVING DOCUMENTS FOR FAIRMONT PLAZA JOINT VENTURE 4. CONSIDER PAYMENT OF LEGAL FEES 5. ADJOURNMENT .. ~ . ------------..- ---- ~ <'"":>~T~'~?:::'~'~71~~~\:':-',~"{1~~~'<f.;?t~~'~f;ri~>:', e e . MINUTES OF THE ~. ' , 1- 1:1_ ~f 71~()..<JA. .,1 I t1 PUBLIC HEARING AND SPECIAL CALLED HEETII ~ - ~ LA PORTE CITY COUNCIL I?J1.e( (l.lft.A C, DECEMBER 14, 1983 i;;: ..da~~:I1U,J ~(~C~U 9t . 7J.t~t;lu 1. Mayor Cline called the special meeting to order at 6:00 P.M. Members of the Council Present: Mayor Virginia Cline, Councilpersons Linda Westergren, John Longley, Ed Matuszak, Lindsay Pfeiffer, Deotis Gay, B. Don Skelton, Norman Malone, Kevin Graves Members of the Council Absent: None Members of the City Staff Present: City Manager Jack Owen, City Attorney Knox Askins, City Secretary Cherie Black, Director of Administrative Services Bob Herrera, Graduate Engineer John Joerns, Director of Parks and Recreation Stan Sherwood, Purchasing Agent Jackson Ray . Others Present: Linda Castleberry, Bayshore Sun-Broadcaster; Sherri Carver, Bay town Sun; Mrs. Longley, (Councilperson Longley's Mother); 4 citizens 2. Mayor Cline explained the purpose of the public hearing is in regard to issuance of revenue bonds for Fairmont Plaza Joint Venture. Revenue bonds in the amount of $3,650,000.00 to finance Fairmont Plaza shopping center were approved by the La Porte Industrial Development Corporation at a meeting just prior to this one. Mayor Cline asked those who wished to speak in favor of the bonds to please come forward and address Council. Mr. Decker McKim: Explained the location of the shopping center, a few proposed businesses, and reported the Venture has a purchaser for the bonds. Mayor Cline asked if any member of Council had questions for Mr. McKim. Councilperson Skelton: What other type businesses do you anticipate in this shopping center? Mr. McKim: I talked with Mr. Nichols today and was told he ;,,; . had been talking to the postal authorities about the possibility of locating the post office there; he has been talking to several restaurants, but does not have anything firmed up. --'-,i.~ ----.oc."c"'tT"Y;;'~'#m~;..c%t'rf./l!1~~;'t,;:;")'\W~~~~1li'tN~'11~,~~j:~'i;,'f"~ '-,.." ';;';"f~ii"~~~j'1';~:;::,:::<:<':'.~"~((jl}~."~~~-':'~:~.""''''_.. Minutes, Public tlLring and Special Called ~ting, La Porte City Council December 14, 1983, Page 2 . Mayor Cline: Any other questions for Mr. McKim? Thank you, Decker. Mayor Cline asked if there was anyone wishing to speak in opposition to the issuance of the bonds. No one came forward. Mayor Cline declared the public hearing closed. 3. Council considered approving issuance of revenue bonds for Fairmont Plaza Joint Venture. Motion was made by Councilperson Skelton to approve issuance of, revenue bonds for Fairmont Plaza Joint Venture. Second by Councilperson Graves. The motion carried, 9 ayes, o nays. Ayes: Councilpersons Westergren, Pfeiffer, Longley, Gay, Skelton, Graves, Malone, Matuszak, Mayor Cline' Nays: None Abstain: None 4 . Council considered a resolution approving the resolution of the Industrial Development Corporation on issuance of revenue bonds for Fairmont Plaza Joint Venture. . Motion was made by Council person Matuszak to approve the resolution ap~roving the resolution of the Industrial Develop- ment Corporation to issue revenue bonds for Fairmont Plaza Joint Venture. Second by Councilperson Longley. The motion carried, 9 ayes, o nays. Ayes: Councilpersons Westergren, Pfeiffer, Longley, Gay, Skelton, Graves, Malone, Matuszak, Mayor Cline Nays: None Abstain: None 5. Council considered awarding bids for vehicles. Staff reconnnends purchase of staff's three (3 ) sedans from Tinnner's Chevrolet; a 26 passenger school bus from Connnercial Body Corporation; Mort Hall Ford for a 5/8 ton pick-up truck. Motion was made by Councilperson Gay to accept Staff's reconnnendations and award the bids. Second by Councilperson Malone. The motion carried, 9 ayes, o nays. Ayes: Councilpersons Westergren, Pfeiffer, Longley, Gay, Skelton, Graves, Malone, Matuszak, Mayor Cline Nays: None Abstain: None . 6. Council considered awarding a bid for PVC pipe. Staff reconnnends the award for PVC pipe to Utility Supply. <.~{<;;- ';>'''''i;<nl':'''',?':4'JY.".'';.; ,.t."""'\'o:;>;tt-';.F:;?Xn"",*~~1Vf;:>;7~~~-.-; .~": - - ""-'~~"';"F.CY"':",:",,:'j'!!~;~:mw;~~i\Sw~---~~----:--~~: Minutes, Public tlLring and Special Called ~ting, La Porte City Council December 14, 1983, Page 3 . Motion was made by Counci1person Malone to accept low bid an~ award bid to Utility Supply. Second by Councilperson Matuszak. The motion carried, 8 ayes, o nays. Counci1person Westergren had left the Council table. Ayes: Counci1persons Pfeiffer, Longley, Gay, Skelton, Graves, Malone, Matuszak, Mayor Cline Nays: None Abstain: None 7. Council considered the request of Liquid Air for potable water outside the City limits. Mayor.C1ine requested a brief executive session with City Attorney Askins and City Manager Owen before considering this item. It was so moved by Counci1person Malone and seconded by Counci1person Gay. 8. Council adjourned into executive session at approximately 7:25 P.M. and returned to the Council table at approximately 7:50 P.M. . Motion was made bI Council person Gay to furnish potable water outside the City imits to Liquid Air providin~ the following requirements are met: (1) payment in full of all delinquent taxes as well as the 1983 taxes, ( 2) execution of the City's standard Industrial Contract agreement, (3) camp liance with, all other reg~lations imposed on water users outside the City, limits, (4) that Liquid Air will drop all claims they have ,a~ainst the City of La Porte. Second by Councilperson Skelton. T e motion carried, 7 ayes, 0 nays. Counci1person Pfeiffer had left the Council table. Ayes: Counci1persons Longley, Gay, Skelton, Graves, Malone, Matuszak, Mayor Cline Nays: None Abstain: None Mayor Cline asked if any Councilmembers had anything to report. Counci1personGraves: The La Porte Area Emergency Corps Board met today and gave a plaque to the current board of directors. A lot of good things are happening in the Ambulance Corps; they are now tax exempt; they received a letter from an area ,hospital, one sent~nce which says, "Your professional attitude. . .personne1 is to be commended." And that makes me feel good. Everything is being ironed out--al1 the little problems they've been having. . The only problem they still have is the one on answering calls south of the City limits and will try to work on that. / Minutes, Public ~ring and Special Called ~ting, La Porte City Council December 14, 1983, Page 4 . Mayor Cline: Council has discussed that, and it was the feeling of Council that service would not be furnished there. Councilperson Graves: There are still some situations being unaddressed. I'll get with you later and see what we can work out. Councilperson Skelton: There were some problem areas because part of Bay M.D.D. was served by another ambulance company and it was only a small part in Bay M.D.D. and they could not meet the requirements to pay the same amount as the other citizens in the City of La Porte and we voted not to provide services. Mayor Cline: The ambulance service is having a difficult time dealing with them? Is that what you're saying, Kevin? Councilperson Graves: The police dispatchers are, I believe. Somebody calls in and they give them the 2 numbers and say call these 2 numbers to get an ambulance. If those 2 numbers if neither one of them is going to run an ambulance down there, what are we going to do? Councilperson Skelton: It's up to them, I believe. Our police . department was supposed to be notified after that Council action at a regular Council meeting and notify our dispatchers not to send our ambulance. Mayor Cline: Jack, are you aware of any problems over there? City Manager Owen: Of course, I realize the pressure this puts upon the dispatcher, but her instructions have been not to dispatch it. But that does put a tremendous pressure on the dispatcher, I'll admit. Councilperson Graves: Suppose one of our police officers assists another otticer down there, has a high speed chase, and cracks up on l46? City Manager Owen: We'd dispatch it then. Mayor Cline: I've heard some very good reports about the members ot the ambulance board working so diligently to get this problem resolved and the services provided by the personnel and the ambulance service and I know it's looking much better at this time than it did a year ago. Councilperson Malone: Mayor, I want to make a remark about the news story on the ambulance service and the board,etc., and just . cvwJ:lliment Jack Owen and the ambulance crew for the job they are doing. And especially our ambulance board. John made a good report, and the way I understood the news article, we don't get a good article like that very often, but it sounds like the ambulance group is doing OK. ""':=';1',"Y<;:~/~I1:~F,":~~'1~~2~5~_~~~,~,. ------:-::::J::r:ti~-::~~';: :;::-:~"--- Minutes, Public ~ring and Special Called ~ting, La Porte City Council December 14, 1983, Page 5 . City Manager Owen: I can't take'any,6fthecredit on that. Counci1person Graves: One other thing--clarify something for me, Mr. Askins. On our wrecker ordinance, a persons involved in an accident, his car's not driveable, or maybe it is driveab1e and he wants a wrecker to pick it up; he's not incapacitated, he's standing there at the scene. Can he specify a wrecker company that is permitted in the City of La Porte to tow him in? City Attorney Askins: The ordinance says its strict rotation. As a matter of practice the police department has been allowing otherwise and John Armstrong is working with the Chief and a committee of wrecker drivers to do a comprehensive kind of a re-write of the whole City ordinance. A new ordinance will be brought to Council soon. City Manager Owen: In my conference with the police department on this--if the police department calls the wrecker themselves they call rotation only. However, if the individual desires-- could go to the phone he could call the wrecker of his choice. Mayor Cline: The gray area in some of these cases might be if the officer determines it's an accident and that he has to . call in. If I ran my car off in a ditch, it wasn't an accident but the police would respond. In a situation like that I feel I have the right to call the wrecker of my choice. City Attorney Askins: I think the test is going to be, is the location of the wrecked vehicle a danger to the public at that moment, that it requires quick action and not somebody who might be dazed from an accident finding a pay phone. The public safety is going to have to come first. Mayor Cline: Does any other Council member have anything to br~ng before the Council tonight? Counci1person Longley: We're just getting going on our airport and getting some good things going for us, and folks I thought were our friends--the HGAC--dropped the bomb on our airport here by not designating it as a reliever airport. Counci1person Skelton: I have some comments on that, John. Before we say it's HGAC--I have been in contact with Steve Howard of the HGAC staff, directly under Jack Steele, the executive director. And I'll back up and say I did put a copy that was in the Post today on each one of your tables. There is an airport cVlwuittee that is appointed. The airport committee is a sub-committee of the transportation committee and the . airport committee has been working on this for five (5) months. But, I wasn't aware of the work they were doing. Herman Hooks has been the chairman of the airport committee, which has the Hooks Airport and it was one of those designated--Hooks Memorial I - ".' ";."^~~,..~G;'~":-"':;"";'iV7 '~'-,;;.-""',."-r;-~",.;;;...--~--:---.;;;-~~,,,"~-,,,;,;_=:.=~ Minutes, Public ~ring and Special Called AIlting, L a Porte City Council December l4, 1983, Page 6 . Airport was the one with the highest designation for a reliever airport. So was Lakeside Airport, Hull Airport, Ellington Air Base, and Montgomery County Airport. There were five(5). I talked with Fred Phillips, Councilman from Bay town and he was also on this particular airport connnittee. But Fred, unfortunately, wasn't trying to push La Porte, unless he could get Bay town in there as a reliever, also. They have a private airport and he voted to have l2 reliever airports instead of 5. They didn't have a set number to start with. They had some parameters, the City staff, and I'll leave this to Jack to address further, but City staff here has been in connnunication, as you've received letters from Jack, to Jack Steele, executive director regarding this issue. And they, in turn, will be at the Friday public hearing at 10 o'clock at HGAC Headquarters. At that time we are in hopes that the airport connnittee will change their mind. We think that they have some figures, that they didn't look into the correct information regarding La Porte. We believe they'll change their mind, but in the meantime as an alternate to the Board of Directors, and I know a lot of these people--I've been starting to contact them--and I'm working on that particular thing. This will be received by the Board of Directors on December 20th. They . will not make a final decision until the January meeting. councilkerson Longley: How much influence do they have? Do they ma e the final decision or does the Federal Aviation Administration make the final decision? Councilperson Skelton: I think the F.A.A. will have a lot to do with it and we're in hopes our staff will work through F.A.A. in this. However, I think they normally depend on your local, regional cogs. So that we have 2 different possibilities. Number 1 is to change the Airport Connnittee's response to this lead and get them to add another reliever airport, being La Porte. Councilperson Matuszak: Do you think we need to get Mike Andrews and a few other representatives involved in this? City Manager Owen: I don't know that that would do a great lot of good. One airport, being Bay town, did have a telegram from their congressman there yesterday, and it did not sway them at all. Councilperson Skelton: We have 2 representatives of Home Rule Cities, being Tom Ried of Pearland and Sandra Pickett of Liberty. These 2 people can have a great influence. Also, Mary Elizabeth Wilbanks, past president of HGAC is a Councilwoman in Bay town. We talked briefly and we're gonna talk tomorrow. I think that . we'll be prepared by the time this staff gets through with their presentation Friday. I'm optimistic right now that we'll turn it around. I ~":',:,t;"'7'rr.:~~;~:7}ji!~'::':;\~rr~;,t~~_'l-r..~,~>i!{~~;;:~~~;;_';~~:':':C;"_-:::C::::::' Minutes, Public tlbring and Special Called ~ting, La Porte City Council December 14, 1983, Page 7 . Mayor Cline: You said this is a recommendation from the committee. Which has to have final action by the Board, right? Councilperson Skelton: Right. It goes through the airport committee, then through the transportation committee, and then the Board of Directors. City Manager Owen: The ultimate decision will be by the F.A.A. I don't at this time. I think they'll stick pretty close to the recommendations of the HGAC. I much prefer to get it rectified within the cog. We have visited in great length with the staff of HGAC--we spent about two (2) hours with them Monday and I think that the staff is somewhat sympathetic with our arguments. However, the meeting was not a public hearing-it was strictly a committee meeting. But we did get to speak about 3 minutes. Councilperson Longley: How long has the airport had reliever status? City Manager Owen: I don't know. It was before I came here. Councilperson Skelton: I attended a meeting at HGAC 2 or 3 years ago and I heard some consultants give a report, and . at that time they called La Porte a reliever airport. City Manager Owen: Let me explain what it means is the F.A.A. funds are broken up into 3 different "pockets". One is for your air carriers--they have money set especially aside for them. The next pocket is for the reliever airports, and those designated as relievers can qualify for it. And then you have just your general systems airports pocket. When you're out of your reliever, (which we would no way qualify for an air carrier) then our next step down would be a reliever airport. There you would be competing with approximately 500 airports for an estimated $1 million. If you're dropped out of that then you're competing with some 5,000 airports for some $100 million. That's quite as bad as it sounds, because in the reliever cate- gory you will be competing with airports that will b~ wanting huge sums of money, whereas the ones in other, not all of them qualify for grants to begin with and also they would be going for lesser sums of money. None of this will affect our present grants; we have been assured of that. Mayor Cline: Jack, when did you say you were first made aware that HGAC had dropped La Porte from the list? I . City Manager Owen: We started trying to find and gather information to find out what it meant; the first meeting with HGAC was Monday, the mini~hearing was Tuesday; the public hearing was Friday. We had practically no time to work on it. -~~;-""",:r::""~'~'l1'~~~.~'-:C ;'ffl!';"',l5'~j;:i~ji""",,- Minutes, Public ~ring and Special Called ~ting, La Porte City Council December 14, 1983, Page 8 . Mayor Cline: I don't appreciate the fact that they didn't notify us a little bit sooner and let us know about these things. I think HGAC is supposed to be a council of governments for the cities and counties around and these private airports are there for a profit; we are not and county airports are not. Counci1person Gay: This Hooks Airport--is it a private airport? Mayor Cline: She was chairman of the committee. Counci1person Skelton: Three of the people on the cuull11ittee had their airports named as reliever airports. Mayor Cline: They were all private airports. Councilperson Gay; They should have had me there to argue-- Mayor Cline: Well, we might have had somebody there if we'd been notified. Counci1person Gay: Me and Mrs. Riley could have gone and we'd have got us one. . Councilperson Skelton: I received a personal report from Jack Steele dated December 8, and it was the first, under the transportation committee, that I knew of. Mayor Cline: That was just last Thursday. Is there any further business to come before the Council? Councilperson Matuszak: First I'd like to wish everybody Merry Christmas. This will be the last time we meet before Christmas. I'll save New Year's for the 28th. Jack, I'd like you or our City Attorney to take a look at our solicitation ordinance; there are some gaping loopholes I think maybe we need to close up in the area of ice cream trucks, for example. These are becoming a real problem in my neighborhood, because they are playing after dark and it's dangerous. It's attracting the kids out in the streets. Under the solicitation ordinance we at least have a sun-up to sun-down restriction on that. Evidently, this doesn't apply to this type of a business and I think we need to tighten that up and alleviate this rather--- Counci1person Skelton: Maybe we just need to get their attention with a ticket. . Counci1person Matuszak: We've tried that with at least one ticket, I believe, for operating a PA system without a license. "''"''''';:','''_.'::c'S"..,.;,;:,,,}~~., -,:"".~~."n":'=C;;.:.,.. Minutes, Public ~ring and Special Called ~ting, La Porte City Council December 14, 1983, Page 9 . Councilperson Graves: One thing I'd like to say about the ambulance corps I didn't say earlier. We had election of officers today and elected Robert Head as the new president. All the other officers stayed the same. Councilperson Skelton: Thanks to Kevin for the fine job that he and the other members of the ambulance board has done. You've worked long and hard for it and I personally received calls from the different constituents who commented on the good service the ambulance is doing, and I haven't had any bad calls in the last several months now. I'm really thankful for that. I, too, would like to wish everybody a Merry Christmas since we won't have another meeting before that time. Councilperson Gay: I would just like to say Merry Christmas to you. I may not get a chance to see some of you again, but if I do, fine. I'd like to say Merry Christmas to all the constituents and the press, and those that have attended meetings over the year. I'm very appreciative of you coming, because it shows that you are interested in our City. And I would truly like to say,a Merry, Merry Christmas to each of you. . 9 . There being no further business, the meeting was duly adjourned. Respectfully submitted: ~~ Cherie Black City Secretary Passed & approved this t~th day of January, 198 . . .r~ Vi~e, Mayor . . e .4 e , --. .'~ e e , - KNOX W. ASKINS, .J. D., P. C. ATTORNEY AT LAW 702 W, F'AIRMONT PARKWAY P. 0, BOX 1218 .JOHN 0, ARMSTRONG. .J,O, LA PORTE, TEXAS 77571 TELEPHONE ASSOCIATE 713 471'166e Novembe r 1, 1983 I Industrial Development Corporation c/o CITY OF LA PORTE P. O. Box 1115 e La Porte, Texas 77571 FOR PROFESSIONAL SERVICES RENDERED: , For legal services rendered during the month of Octobe r , 1983, as itemized on the attached time - sheet (4.50 hours at $95.00/hour) $427.50 ~ e KWA: j h ~ ATTORNEY DATE TIME SPENT CITY DEPARTMENT TASK PERFORMED KWA 10-10-83 1.8 hours Industrial Development Preparation for and attendance at Board regular meeting of Board of Di rectors of City of La Porte Industrial Develop- ment Corporation, in connection with Inducement Resolution of Bay Ridge, Joint Venture, for its office building on New Highway 146; re vise Bond Resolu- tion as prepared by bond attorney. e KWA 10-10-83 .8 hours Industrial Development Prepare certified copies of Inducement Board Resolution for CKG Investment Bond Issue, and forward to bond attorney in Houston; conference with bond attorney for review of file; KWA 10-11-83 .8 hours Industrial Development Prepare certified copies of Bond Reso- Board lutions pending bond issue (Walter Nichols) and letter to bond attorney; KWA 10-12-83 .8 hours Industrial Development Examination of transcript for final Board issuance of bonds for CKG Investment Project. KWA 10-26-83 .3 hours Industrial Development Telephone conversation with Allen Rainer re: CKG Investment property hearing; prepare transcript for final sale. e TOTAL HOURS FOR KNOX W. ASKINS FOR THE MONTH OF OCTOBER, 1983: 4.50 hours e e e e e .4 e , '-, .~ e e - KNOX W. ASKINS, J. D., P. C. ATTORNEY AT LAW 702 W, f'AIRMONT PARKWAY p, O. HOX 1218 .JOHN 0, ARMSTRONG. .J,O, LA PORTE. TEXAS 77571 TELEPHONE ASSOCIATE 713 471"886 ~cember 6, 1983 I Industrial ~ve1ut4l__ut Co..,t'V..ation c/o CI'lY OF IA 1"\J1'(J:l!. e P. o. a>x 1115 Ia IOrte, Texas 77571 FOR PROFESSIONAL SERVICES RENDERED: Fbr legal services rerrlered during the rronth of N:>vember, 1983, as itanized on the attached time- sheet (16.10 hours at $95.00/hour) $1,529.50 ~ e KWA:jh .tt'" - .} , .) A'1'IDRNEY IY\TE TIME SPENT CITY DEPAR'lMENI' TASK PERFORMED KWA 11-04-83 1.5 hours Industrial ~veloptent Board letter fran Carol Truesdale; telephone oonference with her, re: final ptblic hearing, publication of notice and details of closing of booo sale; KWA 11-11-83 2.5 hours Industrial ~veloptent Board Extensive \>tUrk on pending Industrial ~lcpnent Corporation booo issues for Ia Quinta and Bay Ridge Joint ven- ture Project; am work on file of ameooed By-laws and Application for Financing of the Corporation, including review of e material by nm Lyons of Vinson & Elkins; phone calls and coordination with bom attorneys; KWA 11-16-83 1.5 hours Industrial ~ve10ptent Boam Numerous telephone calls, examination of documents am preparation for hear- ings and closings on Industrial ~velop- ." ~ .. ment bom issues for Ia Quinta, am for Bay Ridge Joint venture; KWA 11-17-83 1.5 hours Industrial ~veloptent Board Telephone oonferences, further examina- tion of documents, am preparation for closing on booo issue for Ia Quinta; KWA 11-20-83 l.2 hours Industrial ~veloptent Boam Conferences with Carol Truesdale, !bnd Attorney for Ia Quinta, Ann Jacots, e Attorney for !bnd Purchaser, re: details of born closing am review of revised draft of instruments; KWA 11-21-83 1.4 hours Industrial ~veloptent Boam Preparation for am attendance at meeting am public hearing of City of Ia R)rte Industrial ~ve1opnent Corp:>ration Board on Ia Quinta barns. KWA 11-28-83 6.5 hours Industrial ~veloptent Board Preparation for and attendance at Ia Quinta closing at Vinson & Elkins law finn in Houston; review all docLIrlents. orAL HOURS FOR RNOX W. ASKINS FOR THE M:>NTH OF NOVEMBER, 1983: 16.10 hours e e e e >> ,4 e e. '. .....~., e INTER-OFFICE MEMORANDUM DECEMBER 8, 1983 TO: S. FROM: J. Ray - Purchasing Agent SUBJECT: Sealed Bid #0020: i e Pickup Truck w/Wide 8' Bed Advertised, sealed bids #0020 for the purchase of a 5/8 ton Fleetside Pickup with a wide 8' bed were opened and read in City Council Chambers December 5, 1983 at 4 p.m. Bid packages were mailed to four area car dealerships with , three bidders responding as follows: 1- Jay Marks Chev.: $9,117.60 2. Timmers Chev. Inc.: $8,740.30 3. Mort Hall Ford: $8,400.00 The low bid submitted by Mort Hall Ford was for a 5/8 ton 1984 Ford F-150 with a 302 cubic inch engine. Warranty terms are 12 months or 12,000 miles and delivery time will range from 45 to 75 days. e A total of $9,200 is presently appropriated in the 1983-84 Motor Pool Budget for the purchase and outfitting of this unit. This unit will replace unit #701-1 which is a seven (7) year old 1/2 ton pickup truck with 80,000 miles and is presently used for mosquito control. I hereby recommend the City of La Porte accept the low bid of $8,400.00 from Mort Hall Ford for the purchase of a 1984 Ford F-150 5/8 ton pickup. I trust this recommendation will meet with your approval. JR/mb cc: J. Hodge " B. Herrera /' ffJ~ - @J, e "'-"r.~<;-_'"__-",- '--,~'~~i"r-'}';"_":.'---'"~-'?!"''ill;t?':~~~Ii'II~~~.F:~'!!","-"':'~::m.!f:-,;q;.'i'~;;:.~Y""~'__',-~- .. . e e t ~ ... ITEM: Sealed Bid #0020 - 5/8 Ton Pickup Truck e 1. A. Two (2) 1984 - 5/8 Ton F1eetside 'J.'rucks With 8' Bed (Per Each) $8.740.30 ' $8.400.00 $9U17 .60.' B. (Sub-Total) $17.480.60 $16.800.00 $18.235.20 2. A. Add for Additional Equipment l. Post Mounted Spotlight $85.00 $86.00 $75.00 2. Roof Mounted Amber Revolving Light $47.00 $90.00 $140.00 12/12 24/24 12/12,24/24 3. Warranty Drivetrain 12/12 Drivetrain , __. Delivery Time 50 Days 75 Days 45 Davs .*DENOTES LOW BID - e ".."~:~~':'7} -" 'W-~Y;$f>'Xi"""."""~:~~P"::W~',,'?'~ '.._',,_~~,,"!,", J ,-- e -, e e INTER-OFFICE MEMORANDUM DECEMBER 7, 1983 TO: Luther Maxey - Assistant Public Works FROM: Jackson Ray - Purchasing SUBJECT: Sealed Bid #0026: PVC Pipe Advertised, sealed bids #0026 for the purchase of various diameters and schedules of PVC pipe were opened and read in City Council Chambers December 5, 1983 at 4 p.m. Of the seven vendors contacted, five returned bid packages. Bidders submitted pricing on 2600 feet of 4" Class 150 C-900 PVC pipe, 2000 feet of 8" SDR-35 PVC pipe, and 500 feet of 6" SDR-35 PVC pipe. This 4" C-900 pipe will be used to replace undersized and deteriorated water lines between "Fit St. and Fairmont, S. 2nd and S. 3rd, and 3rd and 4th Streets from Tyler to Madison. Both the 6" SDR-35 and 8" SDR-35 sewer pipe will be used to repla'Ce broken sewer mains and eliminate septic tanks between Iowa and Kansas from Main to "A" Street, along W. Tyler from N. 11th to N. 13th, along Forrest between Oregon and S. Broad- way, and between N. 3rd and N. 4th Street from Main to Adams. e Low bid was submitted by Utility Supply Co. for a total of $8,613.~. Utility Supply indicates they meet all specifications and can deliver within two weeks after receipt of order. I hereby recommend the City of La Porte purchase the aforementioned types and quantities of PVC pipe from the low bidder Utility Supply Co. for a total of $8,613.00, F.O.B. 2963 N. 23rd St., La Porte, Tx. I trust this recommendation meets with your approval. ' , JR/mb cc: J. Hodge B. Herrera i> I if 117/J} e -, .';":<~,,"'<'i ',,~ -:,"_"',~~~~Z~';""O)~1!'~"::~I!'l~S;r'~T""'~~~~',~":'(7-.",' ~ ?"........ e . GOLDEN MUNICIPAL TRIANGLE PIPE & e PIPE & WATER SUPPLY WATER SUPPLY ITEM: SEALED BID #0026: PVC PIPE - 1. A. 4" C-900 - 2600 Ft. Total $2.13' $1. 73' $1. 99' $1.69' $1. 99' B. Sub-Total $5538.00 $4498.00 ,$5174.00 $4394.00 $5174.00 -- ---.--.--- ----.-.- -_._~ ~ -~ ~- ~ - -~-- 2. A. 8" SDR-35 - 2000 Ft. Total $1.99 ' $1. 80 ' $1.85' $1. 94 ' $1. 99' B. Sub-Total $3980.00 $3600.00 $3700.00 $3880.00 $3980.00 I 3. A. 6" SDR-35 - 500 Ft. Total $1.19 ' $1.03 ' $1.10 ' $1.11 ' 1$1.12' B. Sub-Total $595.00 $515.00 $550.00 $555.00 $560.00 4. Total $10,113.00 $8613.00 $9424.00 $8829.00 $9714.00 -- J J **Denotes Low Bid J J J I ] J 1 J j I I J I ] 1 ] I - I J ] ] j 1 1 J ] J ] ] ] 1 I 1 1 e 1 1 I 1 I I l J I 1 1 f -_.,- -~ -------.~ .---- -.- - -- -- ~ --- -'.'~- _---.....--"'"_.~ -- ---------r=--- - - -- ------~ -~-- e e e MEMORANDUM December 9, 1983 TO: Mayor and City Council FROM: Cherie Black, Ci ty Secretary SUBJECT: Agenda Item 7 - Request of Liquid Air for Potable Water outside City Limits Material will be provided at the meeting Wednesday on this item. Cherie Black e CB/ '- e .... ., -.....---------------- I"' ,e e \ HARRY DOW Dow, COGBURN & FRIEDMAN MELVIN A. DOW EDMUND L. COGBURN ATTORNEYS AT LAW BERNARD O. DOW e ABRAHAM p, FRIEDMAN SUITE 2300 THE COASTAL TOWER AREA CODE 713 VINCENT L. MARINO 626-SB70 PAUL M. EASTERWOOD 9 GREitNWAY PLAZA JOHN M. HELMS HOUSTON, TEXAS 77046 K. GREGORY ERWIN BRUCE W. MERWIN KENNETH H. KATES GEORGE A. RUSTAY WARREN A. HOFFMAN DENIS CLIVE BRAHAM January 19, 1984 .JOYCE E. COLSON BARRY E. PUTTERMAN STEVEN I, SOFFER NEIL M. ROSENSTEIN .JEFF D. LEFKOWITZ CHARITY ,M. O'CONNELL VIA MESSENGER Mr. Knox Askins City Attorney 702 w. Fairmont Parkway La Porte, Texas 77571-1218 Re: LAI Properties, Inc. - City of La Porte Industrial Tax f4atters Dear Mr. Askins: Pursuant to your letter to me of January 9, 1984, my client, e LAI Properties, Inc. , has agreed to accept the offer of the City of La Porte, as outlined in your letter. Therefore, I am enclosing to you, two original Industrial District Agreements, on your standard form, fully executed by LAI Properties, Inc., together with a check payable to the City of La Porte, for $14,891.80. The enclosed check is being tendered 'to the City as payment in full of all taxes, penalties and interest due to the City from LAI Properties, Inc. for the years 1983, 1982 and any prior years. In addition, the enclosed payment is being tendered upon the condition that the City of La Porte (and all of the "City Commissioners", as well as yourself) fully execute both of the enclosed Industrial District Agreements and return one original, fully executed copy to me for my files. You should note that the following minor additions have been made to the standard agreement: 1. Legal descriptions for the property have been added as Exhibits "A" and "B", with referen.ce on page 1; 2. The Agreements have been dated January 1, 1984; and 3. On page 10 of the Agreement, I have added a one-sentence paragraph making reference to Exhibit "C", which is simply e the paragraph you drafted relating to our "settlement" of this matter, with minor revisions noted in the separate red-lined copy of said paragraph which I have enclosed for your convenience. "J'8:'4,y}~~S"r"~.l;::V~,:;:~;:~,~c71'.'"' c,'~;,- ---:;,_ . e e Mr. Knox Askins January 19, 1984 Page 2 As we discussed on January 16, 1984, I (and my client) assume that (and our tender of the enclosed check is also conditional upon your representation that) the necessary approvals from the City of La Porte have been received by LAI Properties, Inc. to correct their water problems on their industrial site in La Porte. If this letter and the enclosures are acceptable to you and the City, please give me a call and have these instruments executed at your earliest convenience. Thank you for your assistance in concluding this matter. Very truly yours, DOW, COGBURN & FRIEDMAN . BY~~ WAH:ms WH045T Enclosures cc: Mr. John N. Baird Mr. Dennis Siatka e -------------- "__f,?,f' " . . e e - , , . ..- - .; .' . . i; - e . NOTICE: THIS CONTRl\CT IS SUBJECT TO l\RBITRATION . UNDER 'rilE 'l'EXAS GEN EHAL l\HI3ITHATION l\CT, ARTICLE 224, E'l' . S EO. , REVISED CIVIL STl\TUTES OF TEXl\S THE STATE OF TEXAS S S COUNTY OF HARRIS S S CITY OF LA PORTE S INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and ---Ll-T PRnpF.R'T'TF.~. TNr'. e ' a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Commission 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 indus- tries therein, and such policy is hereby reaffirmed and adopted by this City Commission as being in the best interest of the City and its citizens; and WHEREAS, Company is the owner of a certain tr~pt(s) of land more e particularly described in the Deed Records of Harris County,. Texas, in the following Volume and Page references, to-wit: . . those certain tracts or parcels of land described in Exhibit "A" attached heretc and made part hereof, save and except that certain tract of land described in Exhibit "B"attached hereto and made part hereof, all of said land being in the Richard Pearsall 1/3 League, A-625, Harris County, Texas. e .. (Hev ised : 8-79 ) , ------------- ---------------- I I -------_.,,--- -.--~~-..-':".;";c;c:,....:-~~~~~j\~~:~;r:?,~.~?f;'?~tut'f';;.:;. . e e . - . " e Industrial District Agreement - 2 upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located ,in its extraterritorial jurisdiction as the IIBattleground Industrial District of La Porte, Texas,1I and Ordinance No. 842, designating portions of the area located in its extraterritorial jurisdiction as the IIBayport Indus- trial District of La Porte, Texas," hereinafter collectively called e "District," such Ordinances being in compliance with the Municipal Annexation Act of Texas, Article 970a, Vernons Annotated Revised Civil Statutes of Texas; and . ~lHEREAS , City desire~ to encourage the expansion and growth of industrial plants \'li thin said District 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: Nmv, THEREFORE, in consideration of the premises and the mutual . agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexatio~ Act, and the Ord i- nances of City referred to above, City and Company hereby agree with each other as follows: e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provi- sions of this Agreement, said District shall continue and retain .its ; extraterritorial status as an industrial d is t'rict, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said e land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this ^greement. Subject to . .. , - . . ..... '.- --~- -~- ----------- '~'W".:,Cj"r).,; i;;L:~~;I~..~~"*~~1~f~f'r~r~:.;:;,;--_~---~~~.;.;.;.;;;:;~~"::,:::..--::~~-_ .._ . e ' ' e , - - e Industrial District Agreement - 3 the foregoing and 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' wi thin the corporate limits of City, or to be annexed under the provisions of Article II hereof, 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 of said land, including that \vhich has been heretofore or which may be annexed pursuant to the later provisions e of this Agreement, 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, it is agreed that City shall have the right to institute or interve:ne in any judicial proceeding authorized by,the Texas Water Code or the . Texas Clean Air Act to the same extent and , to the same intent and effect as if all land covered by this Agreement were located within the corporate limits of City. -. II. ( A) A portion of '~..le hereinabove described property has hereto- e fore been annexed by City. Company has filed with City, coincident with the execution hereof, its petition to City to annex an add i- : tional portion of the hereinabove described property, to the end that twenty~five per cent (25%) of the total value of the land and improvements hereinabove described shall be annexed to City. Com- pany agrees to render and pay full City ad ' valorem taxes on such annexed land and improvements, and tangible personal property. (l) For tax, years 1980 and 1981, Company also aCJrees to render e and pay an additional amount lIin lieu of taxesll on Company's land, improvements, and tanCJible personal property in the un- --~- --~- . - e e - . e . Industrial District Agreement - 4 annexed area to the end that Company's payment of taxes on the annexed area, combined with its payment of "in lieu of taxes" on the unannexed area, will equal forty-five percent (45%) of the amount of ad valorem taxes which would be payable to City by Company if all of the hereinabove described property had been within the corporate limits of City. (B) The Texas Property Tax Code (S. B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979 ) will be effective for 1982 and, subsequent years hereunder. Under the terms of said Act, the e 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 District has no authority to appraise the land, improve- ments, and ~angible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, for 1982 and subsequent years under this Ag re,eme nt, the parties agree that the appraisal of the land, improvements, and tangible personal property in the unannexed area shall be conducted by'City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appr~isal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) land, improvements, and tangible e personal property. Company agrees to render and pay full. Ci ty ad valorem taxes on such annexed land, improvem~nts, and tangible per- sonal property. (1) For tax year 1982 and thereafter, Company also agrees to render to city and pay an amount "in lie~ of taxes" on Company's land, improvements, and tangible personal property in the un- annexed area equal to forty-five percent (45%) of the amount of ad valorem taxes which would be payable to City if all of the e hereinabove described property had been within the corporate .' e e . e Industrial District Agreement - 5 limits of City and appra'ised by City's independent appraiser, reduced by the amount of City's ad valorem tax on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. Nothing contained in Article II(B) (l) shall ever be construed as in derogation of 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. e This Agreement shall extend for a period beginning on the 1st day of January, 1980, and continue thereafter until December 31, 1986, unless extended for an additional period or periods of time upon mutu- al consent of Company and City as provided by the Municipal Annexation Act; provided, hOvlever, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, of the final calendar year of'the term hereof, the agree- ment of City not to annex property of Company within the District shall terminate. In that event, City shall hav'e the right to com- mence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any o"f the terms and pro- visions of this agreement, and in such event Company agrees that if the Texas Municipal Act, Article 970a (V.A.T.S.) , is hereafter amended e or any ne\" leg islation is enacted by the Legislature of the State of Texas which imposes greater restrictions on' the right of City to anne:,: land belonging to Company or imposes further obligations on City in connection there,,, i th after the annexation of such land, Company will waive the right to require Ci ty :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 e Texas Municipal Annexation Act as the same exists on the date of .. .~. ' :.. ..... . "-~..J" ",. ~ "'~~:"-'''''''''~:--::-:~;o''''''''''''''''~'C"''''~'1~.:.;-'' :.......tN:f::~ c-"":. :t'f..'~ ":' -.- ~'h ..~.o#.."...,..~'\:...t'=",,,~ '~.-:,'. "";/...:.~."tL';t7';"j..":." t .. .."... . .- - - - e e e Industrial District Agreement - 6 execution of this Agreement. 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 wi thin the District. of which it is a part. In this connection, City hereby expresses its belief that industrial district agreements of the kind made . herein are conducive to the development of existing and future indus- try and are to the best interest of all citizens of City and encour- age,future City Commissions to enter into future industrial district agreements and to extend for additional periods permitted by I a \'1 e this Industrial District Agreement upon request of Company or its assigns; provided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreement. IV. Company agrees to pay all ad valorem taxes, and all "in lieu of . taxesll pnyments hereunder, to City on or before December 3l of each year during the term hereof. It is agreed that presently the ratio of ad valorem tax assessment used by City is eighty per cent (80%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent computations hereunder. This Agreement shall be subject to all provisions of law relating to e determination of value of land, improvements, and tangible personal property, for tax purposes (e.g., rendition" assessment', Board of Equalization procedure, court appeals, e tc. ) for purposes of fixing and deter~ining the amount of ad valorem tax payments, and the amount of "in lieu of tax" payments hereunder, except as otherwise provided in Articles II and V hereof. V. e ( 1\) In the event Company elects to protest the valuntion for tax purposes set on its said properties by City or by the Harris - - e - e .. . e . Industrial District Agreement - 7 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 by Company to City in accord- e ance with the foregoing provisions of this Agreement on the basis of renditions which shall be timely filed by Company with City's Tax Assessor-Collector or vI i th both the City and the Harris Co u n t y Appraisal District (as the case may be) for that year. When the City or Harris County Appraisal District (as the case may be) valua- tion on said property of COTI1?any has been so finally determined, either as the result of final judgment of a court'of competent juris- diction 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. (B) Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant. to Article II(B) e above (Hhich shall be given in writing to Company) , Company shall, within t\lenty , ( 20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such vlritten 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. e Should Company give such notice of disagreement, Company shall also submit to the City with such notice a \vritten statement setting - ~' .'-....--.:......--.....--..~~_..:..~.=---._---~_._-~.. -' '...,...;.....,.-..-. -.--....--- ..';.....-.,-.-:.:...---... - --',-". ~ ... - -- .. -- - ' '- -.. e e .' - ,- e Industrial'District Agreement - 8 forth \...hat Company believes the r.tarket value of Company's herein- above described property to be. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agree- ment as to the market value of Company's property for II 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 pro- vided in subparagraph (1 ) of this Article V(B). Notwithstanding e any such disagreement by Company, Company agrees to pay to City on or before December 3l 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. ( 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 join . 10 days, the parties will in a written request that the -. Chief Judge of the u. S. District Court for the Southern Dis- trict of Texas appoint the third arb: xator who, ( as the "Im- partial Arbitrator") shall preside over the arbitration pro- e ceeding. 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 noard shall hear and consider all rele- vant and material evidence on that . issue including expert opinion, and shall render its written decision as promptly as e practicable. That decision shall then be final and bindin<] upon the parties, subject only to judicial review as may be - - ___________u_ - . , ., e e e Industrial District Agreement - 9 available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas) . Costs of the arbitration shalJ be c:;hared equally by the Com- pany and the City, provided that each party shall bear its own attorneys fees. ( C) Should the provisions of Article II{S) of this Agreement become impossible of enforcement because of ( I) the invalidity or unenforceability of the Texas Property Code (S.S. 621, Acts of the 65th Texas Legislature, Regular Session, 1979) , or any relevant provision thereof, or ( 2 ) because of any material delay or failure e to act on the part of the Harris County Appraisal District, then and in any of such events, all payments under this Agreement shall be governed by the provisions of Article II{A) hereof; anything to the contrary in this Agreement notwithstanding. VI. City shall be entitled to a tax lien,on Company's above-described . property, all improvements thereon, and all tangible personal pro p- erty thereon, in the event of default in payment of lIin lieu of taxesll payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which s.hall be collectible by City in the same manner as provided by law for delinquent taxes. VII. e Company agrees to provide to City at Company's expense, a survey plat and field note description of the land ,and improvements which Company pet~tions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to a point on the existing corporate limits of La Porte. In the event of : failure of Company to file either such petition, or such description, .....;. City shall have the right by notice in writing to Company to cancel e and terminate this ^greement. ---.-----.~- ------:--~__,_~~"."..._..:T-c---.-.- - . e - e . . , . - . e . Industrial District Agreement - 10 VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntar- ily or by operation of law, all or any part of the property belonging to it \'lithin the territory hereinabove described, and the agreements herein contained shall be held to be covenants running \'li th the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. e IX. If City enters into an Agreement with other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after tl:1e 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. This Agreement is further subject to Exhibit "e" and all covenants contained therein, which is attached hereto and made part hereof. ENTERED INTO this 1st day of January, 1984. .. . LAt. ~rfdfJ-,~. ";;Ift... (COHPANY) PRESIDENT ~\ , , e ~~. 0 - ' . - e . . e '. .. r e Industrial District Agreement - 11 cITY OF LA PORTE By , Mayor ATTEST: . City Clerk e City Commissioner City Commissioner City Commissioner . City Commissioner APPROVED BY COUNSEL: {(~ , K~ \'l. ASKINS, City Attor e 702 \'1. Fairrnont Parkway P. O. Box l218 La Porte, Texas 77571 Telephone: (713) 471-1886 ATTORNEY FOR COMPANY e (Rev iscd: 8-79 ) --- --_._-----~-- - --_._-_._-_.-----~_._---~ " e e e EXHIBIT "A" TO INDUSTRIAL DISTRICT AGREEMENT n~Twr.;EN LA .t'uKTE, Tr.AAS ("CITY") AND LAI PROPERTIES, INC. ("COMPANY") DATr.;v JANUARY I, 1984 ~AJtaL .0. .1 . Beini 8.00 acres of land out 01 t~e Richard Pearsall 1/3 Lealue, A.625, :=~e part1(ulsrly descr1be~ as follows: Comaenciue a~ Bumble 10DUDent Yo. 213 sark1ni tbe southeast coreer of the Richard i.arsall l!3 L~&iU~, A-625, and tte northeast cor:s.l" of the Georc. KcJt1D.1try 1.ealUe, A....,; Thence J 220 22' 01" Y - 2,522.24 feet to Sed N~. .. 2090 1D the south lice o~ 'airo04t ParkWay for the northeast cor~er thi. Parcel No.1, said aod e be1~c~.0 S 650 03' 21~ W - 457.42 feet from Hu:ble >>on~.nt No. 267; The~ce' S 30 01' Oe" I . 400.00 feet to aod '0. 20'1 for the souttea.t ~orner th!' par~eli TheDce S 860 52' 54" W .. an.? Uet to llod :fo. 2093 for southwes~ c=~ner th~. parcel: nence 1i 31) 07' 0'5" ... - 400. OO.tut ~g 1t(.lc1 :~o. 2:l92 in the sou~h line F~1r=~et P~r~~&y for ~u~~~.~~~ corner this parcel; TheDee~ 8&0 52' 54~ E. along and with ~he 90uth line of ssid Fsi==ont P~r~Na7, 871.~ feet to th~ pl~ce of ~elinDin~. con~aiD1nl 8.00 acres. .., . .,.. ".. -". . . P AltaI. NO. 2 '" Be 1nc 1.96 acru C\lt of the R1chird Pt.oarsall 1/3 LC!::t.J:Ue. . .\ -625, lIIC')re p&rt~e\.larlf de9C\'i,bed c.s to110':os: aeS1on1DI at Rod No. 2092 whlch a&l.ks tb~ nor~- .est corner of Parcel No. 1 for nortb_As~ corD~r this parcel; Thence IS 30 0'7' 06" E, alone and .1 th the ...est 11ne said Parcel No. 1 400.00 f.et to southwest cor~er said Parcel No. 1 whlch corner is marked by Bod Xo. 2093; Thence IS 860 52' 54" Y - 201.82 f..t tc aod :!09~ e for southwest corner this parcel; Thence. 30 01" 06" W - 400.00 'feet to Rod 209" .et 1D th. south line Fa1rmcnt Parkway for Dorth. west coraer this parceli " Theece N 860 52' S4~ E - aloDS and witb socth li~e said Fairmont Par~&Y 201.82 feet to the place of . beI1~1nc conta1DLDI 1.8& acres. e e e e EXHIBIT JIB" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN LA PORTE, TEXAS ("CITY") AND LAI PROPERTIES, INC. C;COMPANY. ') DATED JANUARY 1, 1984 C~NCING at the intersection of the ElSt right-of-way Hne of .., Art. Iou'evard wIth the South right-of-wa,y 11ne of Fafrmont 'arltw.,y.' . , THENCE North 8S- 52' 54- [.st with the South right-of-way lint of Fli~t Parkw&y__ dhtlnce of 896.73 fret to the POINT OF.8EGI::NltiG" said pDiAt being the Northwest corner of the p:-eirollsl,y II'tfntior.ed 1& acre Ltq:.lid . Air. Inc. tract;. . THENCE Uorth 86- 52' 54-'Elst wltb th! S~th r'iht-of-t~y line of . e Fairmont P.rk~.y. I distance of 456:61 fee: tD the POI"T OF BEGIU3!nG; THEr;CE South 03- 07' 00- [est aver end ,ero:s Li,;!.it! Air, Inc. 16.00 .ere trlct. & dist.n~e of 3RO.OS feet to'. cnisclea -~. un concrete; .. THENCE North 86- 52' 54- [ast I distance of 59.20 feet to an Iron rod set in concrete; . . TJ!DICE SQut.h 03- 07' 06" [ut cOI~tin&;ir,g o,;~r ,n!! ,:\,(("\$ tlle Hi.(l:] Hre tract. a distance of 169.09 feet to In iron ro~ ~pt ih 'oncr~te. Tli!NCE r;orth 86- S2' SO;" tast wi th the Scuth 11,.: c,; the 16.00 ar.re lnct a distance of 557.65 fc~t to an iren rod set in c~ncrrt!. TH::NCE r:orth 03- 07" OD" Wc,( \oith the Fast line of the 16.00 .ere trAct. I distance of 6~9.14 feet to an i,'on rod nt fn 'Oilcr~te end sf~:;H~J In the SOJth right-of-way lint of hil"::lont Plrboil,)'; . THa;CE Sout.h 86-52' S~.. ,,~st "it!'! the South ri!ll:-t-~t-loIay1fr.e uf fA;'. .nt. tark;;ay. . dbtlnce of 6l6.aS fc::.>t to ~he POi:rr Of tJZ~I:.:m:G cllcksi:.g . tract of land cc~tain~ng S.~:67 ler!S r~~e or le~s. _ e e e e e EXHIBIT "C" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN LA PORTEL TEXAS ("CITY" ) AND LAI PROPERTIES, INC. ("COMPANY" ) DATED JANUARY 1, 1984 Notwithstanding anything in this Agreement to the apparent contrary, the execution and delivery of this Agreement by the parties, is in full, final, and complete satisfaction of all claims by the parties for ad valorem tax matters (including all tax, penalties and interest) for 1983 and prior years, or ~or any refunds thereof. Company has, simultaneously with the execution of this Agreement, tendered to City its payment of $14,891.80 for payment of delinquent 1982 ad valorem taxes and penalty and e interest thereon, and current 1983 ad valorem taxes. City, by execution hereof, agrees to credit Company with payment in advance of "in lieu of taxes" payments for calendar years 1984, 1985 and 1986 hereunder. During such years, Company shall only be obligated to pay the ad valorem tax on twenty-five percent (25%) of the value of Company's taxable property covered by the terms of this Agreement, as more fully described herein. e e --..------ --------- ;';":'<<Z~';:,t>""f!! ",':~~;' ",".,*""~"",,,"""_,"-,,,",,,,",,,J:r'\'~!l:" ,", ,c_"",,,,. ":\;.~:~~},f~7'~i:};;;~"':::\:-:~~~~~~'7:;1,'f,,~J:;.'ltif,-;-,","",' ,':-"" .' . e . - , , , 30 ~ .' . - e . NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION . UNDER 'I'HE 'l'EXAS GENERAL AHJ3ITRATION ACT, ARTICLE 224, E'l' . S EO. , REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS S S COUNTY OF HARRIS S S CITY OF LA PORTE S INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and _;4AI PROPERTIES, INr_ , a Delaware e corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Commission 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 indus- tries therein, and such policy is hereby reaffirmed and adopted by this City Commission as being in the best interest of the City and its citizens; and WHEREAS, Company is the owner of a certain tra~t(s) of land more e particularly described in the Deed Records of Harris County,. Texas, in the following Volume and Page references, to-wit: . those certain tracts or parcels of land described in Exhibit "A" attached hereto and made part hereof, save and except that certain tract of land described in Exhibit "B" attached hereto and made part hereof, all of said land being in the Richard Pearsall 1/3 League, A-625, Harris County, Texas. e .. (Rev ised : 8-79 ) ---- - - - --_._~._._---------~~._- .,-- ~X~iE;~r;:.\Wf~-" . , e ' " e . - . e Industrial District Agreement - 2 upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s); 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. 842, designating portions of the area located in its extraterritorial jurisdiction as the "BaypOrt Indus- trial District of La Porte, Texas," hereinafter collectively called e "District," such Ordinances being in compliance with the ~1unicipal Annexation Act of Texas, Article 970a, Vernons Annotated Rev ised Civil Statutes of Texas; and . WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District 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: NOtv, THEREFORE, in consideration of the premises and the mutual . agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexa t ion" Act, and the Ordi- nances of City referred to above, City and Company hereby agree with each other as follows: e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provi- sions of this Agreement, said District shall continue and retain i.ts extraterritorial status as an industrial district, at least to the extent that the same covers the land described above and belonging e to Company and its , assigns, and 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 . - . ., '.. .~-- . . e e , - . e Industrial District Agreement - 3 the foregoing and 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' wi thin the corporate limits of City, or to be annexed under the provisions of Article II hereof, 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 of said land, including that which has been heretofore or which may be annexed pursuant to the later provisions e of this Agreement, 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, it is agreed that City shall have the right to institute or intervene in any judicial proceeding authorized by;the Texas Water Code or the . Texas Clean Air Act to the same extent and, to the same intent and effect as if all land covered by this Agreement \.,rere located within the corporate limits of City. '. II. ( A) A portion of ':__le hereinabove described property has hereto- e fore been annexed by City. Company has filed with City, coincident with the execution hereof, its petition to City to annex an addi- tional portion of the ' hereinabove described property, to the end that twenty":'five per cent (25%) of the total value of the land and improvements hereinabove described shall be annexed to City. Com- pany agrees to render and pay full City ad valorem taxes on such annexed land and improvements, and tangible personal property. e ( I) For tax. years 1980 and 1981, Company also agrees to render and pay an additional amount "in lieu of taxes" on Company's land, improvements, and tanCJible personal property in the un- '-.-':""'>';":C:.'iil'3"",1!7j'!"llU'(!;)C' . e - - e , . . e . Industrial District Agreement - 4 annexed area to the end that Company's payment of taxes on the annexed area, combined with its payment of "in lieu of taxes" on the unannexed area, will equal forty-five percent (45%) of the amount of ad valorem taxes which would be payable to C i t Y by Company if all of the hereinabove described property had been within the corporate limits of City. ( B) The Texas Property Tax Code (S. B. 62l, Acts of the 65th Texas Legislature, Regular Session, 1979 ) will be effective for 1982 and, subsequent years hereunder. Under the terms of said Act, the e appraised value for tax purposes of the annexed portion of land, improvements, and tangible personal property shall be determined by the Harris Co un t y Appraisal District. The parties hereto recognize that said District has no authority to appraise the land, improve- ments, and ~angible personal property in the unannexed area for the purpose of computing the lIin lieull payments hereunder. Therefore, for 1982 and subsequent years under t,his Agre,emen t, the parties agree that the appraisal of the land, improvements, and tangible personal property in the unannexed area shall be conducted by , Ci ty, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appr,?i i sal for lIin 1ieull payment purposes, such appraiser must of necessi.ty appraise the entire (annexed and unannexed) land, improvements, and tangible e personal property. Company agrees to render and pay full. City ad valorem taxes on such annexed land, improvements, and tangible per- sonal property. ( 1) For tax year 1982 and thereafter, Company also agrees to render to City and pay an amount lIin lieu of taxesll on Company's land, improvements, and tangible personal property in the un- annexed area equal to forty-five percent (45%) of the amount of e ad valorem taxes which would be payable to City if all of the hereinabove described property had been within the corporate ~ e e e Industrial District Agreement - 5 limits of City and appraised by City's independent appraiser, reduced by the amount of City's ad valorem tax on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. Nothing contained in Article II(B) (1) shall ever be construed as in derogation of 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. e III. This Agreement shall extend for a period beginning on the 1st day of January, 1980, and continue thereafter until December 3l, 1986, unless extended for an additional period or periods of time upon mutu- al consent of Company and City as provided by the Municipal Annexation Act; provided, hOll1eVer, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, of the final calendar year of'the term hereof, the agree- ment of City not to annex property of Company within the District shall terminate. In , that event, City shall hav'e the right to com- mence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and pro- visions of this agreement, and in such event Company agrees that if e the Texas Municipal Act, Article 970a (V.A.T.S.) , is hereafter amended or any new legislation is 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 e shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act the exists the date of as same on . " '. - .~,..\~.~ -7~!"',~:-~~.:'r;:."":"-'l"'_::';"":."~~~~_7'.-:;:::-t:;!:"-s':~:~.~'r:f~-,",:-':~;'C'"~~:O'}.~""-~::-'~~"~::'~'::'?-_'~~.'r~::;'::~."''':J I', . "" .-- ',-'.n :':c'~'""'~~::i;;;:WO\';7r,,"\']l!'fJI5'g::W,'!"J~,'{.'t_~$,"?:~- iP' .' '7.::;:,' e.", .;;, . : - e e e Industrial District Agreement - 6 execution of this Agreement. 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. In this connection, City hereby expresses its belief that industrial district agreements of the kind made . herein are conducive to the development of existing and future indus- try and are to the best interest of all citizens of City and encour- age.future City Commissions to enter into future industrial district e agreements and to extend for additional periods permitted by 1 a\'I this Industrial District Agreement upon request of Company or its assigns; provided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreement. IV. Company agrees to pay all ad valorem taxes, and all "in lieu of . taxes" payments hereunder, to City on or before December 3l of each year during the term hereof. It is agreed that presently the ratio of ad valorem tax assessment used by City is eighty per cent (80%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent computations hereunder. e This Agreement shall be subject to all provisions of law relating to determination of value of land, improvements, and tangible personal property, for tax purposes (e.g., rendition, assessment, Board of Equalization procedure, court appeals, e tc . ) for purposes of f~xing and deter~ining the amount of ad valorem tax payments, and the amount of "in lieu of tax" payments hereunder, except as otherwise provided in Articles II and V hereof. V. e ( A) In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris '. . ' , - - '. . ' ., ~ . e ~ e - '. e . Industrial District Agreement - 7 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- - e described property which would be due by Company to Ci ty in accord- ance with the foregoing provisions of this Agreement on the basis of renditions which shall be timely filed by Company with City's Tax Assessor-Collector or '-IIi th both the City and the Harris County Appraisal District (as the case may be) for that year. When the City or Harris County Appraisal District (as the case may be) valua- tion on said property of Company has been so finally determined, { either as the result of final judgment of a court'of competent juris- diction 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. ( B) Should Company disagree with any appraisal made by the . independent appraiser selected by City pursuant. to Article II(B) above (which shall be given in writing to Company) , Company shall, wi thin t\ven ty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" e payments to be made under this Agreement. ShOllld Company give such notice of disagreement, Company shall also sublni t to the City with such notice a written statement setting -- - --- ~. ........;,;...'.':;-:~;:~;;.~$":F...-~_.-..-.' ,..:.-~,~~~~^~.,;A.~a.:;...-.:.-...:.;.;;.--::~~.......~~_~t:-r.i~:'.,-. " . .,~,; _.....0:". ~~.......:"""'O"-.:..,.,_4".. . "l, _._.__......_........_ ~ ,. e e - . Industrial'District Agreement - 8 forth what Company believes the market value of Company's herein- above described property to be. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agree- ment 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 pro- . vided in subparagraph (1 ) of this Article V(B) . Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 3l 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. .... ( 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 Dis- . trict of Texas appoint the third arb::rator who, ( as the "Im- e partial Arbitrator") shall preside over the arbitration pro- ceeding. 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 rele- vant and material evidence on that . issue including expert . opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be , e . '. .. e . Industrial District Agreement - 9 available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas) . Costs of the arbitration shall be 5hared equally by the Com- pany and the City, provided that each party shall bear its own attorneys fees. ( C) Should the provisions of Article II(B) of this Agreement . become impossible of enforcement because of ( l) the invalidity or unenforceability of the Texas Property Code (S.B. 621, Ac;ts of the 65th Texas Legislature, Regular Session, 19 79 ) , or any relevant e provision thereof, or ( 2 ) because of any material delay or failure to act on the part of the Harris County Appraisal District, then and in any of such events, all payments under this Agreement shall be governed by the provisions of Article II (A) hereof; anything to the contrary in this Agreement notwithstanding. VI. City shall be entitled to a tax lien~on Company's above-described . property, all improvements thereon, and all tangible personal prop- erty thereon, in the event of default in payment of lIin 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 la"'l for delinquent taxes. VII. -e Company agrees to provide to City at Company's expense, a survey . plat and field note description of the land and improvements which Company pet~tions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to a point on the existing corporate limits of La Porte. In the event of failure of Company to file either such petition, or such description, \ 'l;' City shall have the right by notice in writing to Company to cancel e and terminate this Agreement. - . \ ~ . . "- e e , - . e . , Industrial District Agreement - 10 VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company I s successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntar- ily 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 e Agreement or any extension thereof remains in force. IX. If City enters into an Agreement with other landowner' with respect to an industrial district or enters into a renewal of any existing in~ustrial district agreements after the effective date hereof and while this Agreement is in effect, which contains te rms 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. This Agreement is further subject to Exhibit "e" and all covenants contained therein, which is attached hereto and maQe part hereof. ENTERED INTO this 1st day of January, 1984. .. e L~A f r~~, ,):tIl.- (COHPANY) By~a I' - - . .., --... I fRISIDENT e ~ ooJ" L- J e ~ctary . -' , . - . . . .... - e e . - e Industrial District Agreement - 11 CITY OF LA PORTE By - , , Mayor ATTEST: . City Clerk e City Commissioner City Commissioner City Commissioner .-'f . City Commissioner APPROVED BY COUNSEL: " ()(4i~ . e KNOX W. AS1<. NS, City Attorne~ 702 W. Fairmont Parkway P. O. Box l218 La Porte, Texas 77571 Telephone: (713) 47l-l.886 ATTORNEY FOR COMPANY e (Rev iscd : 8- 79 ) ., ... . e e e EXHIBIT "A" TO INDUSTRIAL DISTRICT AGREEMENT tiETWEEN LA PORTE, TEXAS ("CITY") AND LAI PROPERTIES9 INC. C; CO 'M.J? Al'lY. " ) DATED JANUARY 1, 1 84 PAaCIL 110. .1 . Beine 8.00 acres of land out ol t~e ItChard Pearsall 1/3 Leaau., A-62S, :=~. particularly descr1be~ ~ ~ollows: Commenclnl at Bumble XonUDent Yo, 213 sark1ne tb. southeast cor~.r of the K1ehard ~.ars~ll l/3 L.&iU~, A-625, and tte Dort~.a.t co~.r of the GeOrl. )(cJt1JWt~ Leacu., 1-47; Thence! 220 22' 01" Y - 2,522.24 feet to Sed N~. .. 2090 1A the .o~th lin. o~ 'aira04t 'arkwa1 for the nortteast cor:.r this P&rcel No.1, said aod e be1~1~1.0 S 650 03' 21~ . - 457.42 f..t !roa Bu:ble ~on~.Dt No. 267: Thence S 30 01' 06" ! - 400.00 feet to aod '0. 20'1 for the .ou~ea.t eorner th!' par~.l; TheDce S 860 52' 54" ., - en.? het to aod '0. 2013 for .outhwes~ corner th~. parcel: Thence Ii 30 07' 0'3" ., - 400.00 hilt ~o Jl<x1 :{o. 2:)92 1ft ~he sou~h line rs1r=~nt P~r~W&Y for ~u~lh.~~~ corner th1s pa.rcel:, TheDee 1\ 8So S2' S",.t E. alons and with the sCluth 11"e of ssid Fai==Qnt P~rGNa7, 871.~ teet ~~ th~ pl~ce of ~elinn1nl, eon~ain1nc I.GO acres. . . " '.- - , P .\RC!L NO. 2 flo Be 1u't 1.36 ac:ru C\lt of 'Che R1chird Pltarsall 1/3 Lcst:Ue, .\-62!, lII"ie p..rt'ic:\~lArly deuc\.tted c.s tol1o'=os: 8es1nn1DI at aod No. 2092 wblcb _&l'ks th. Dor~- west corner of Parc~l No. 1 for nortb_AS~ c:oru.r th1s parcel; Thence S 30 01' 06ft E, alone and witb the W'l!st U.ne .aid Parcel No. 1 400.00 f.et to southwest cor~er said Parcel No. 1 whicb corner is marked by Rod 110. 2013; e Thence S 860 52' ".. 1r - 201.82 f.et to Jlod :!09S fo~ southwest corner this parcel; Thence J( 30 01" 06" II - 400.00 'feet tD Rod 2094 .et 111 thd .outh line 'airmcDt Parkway for north- west corner this parcel; ... Tbeec. N 880 52' 54" Z - alons and with socth 1~. .a1d Fairmont Par~&y 201.82 feet to t~e place of . ~.11D~1n1 conta1n1nl 1.88 acres. e e e e EXHIBIT "B" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN LA PORTE, TEXAS ("CITY") AND LAI }oKUJ:'r..KTl.r..~9 INC. ("COMPANY") DATED JANUARY I, 1 84 C~NCING at the intersecti. of the East rtght..f.....r line of .., Ar,. Iou'"_'" with the South right-of-way line of Fdraont 'arb.,. . .. THtUCE north 86- 521 54- East with the South right-of-way line of fli~t ParkwlY__ distance of 896.73 feet to the POINT O':-8EGI::HIt'G., said point "eing the Northwest corner of the preffol.lslYlfttntfoned 16 acre Lfq!lid ' Air. Inc. tract;. . . THENCE Uorth 86- 52' 54- '[ast wfth the S~th r'ght-of-tlay Hne of . e Fairmont Park~'1. I dhtlnce of 4S6:6? feet to the POUlT OF IEtiu.:mlG: lHEr;CE South 03- 07' 06- tut aver en:! .cro~' li~!Jfd Afr, Jnc. 16.00 .cre tract, I dist.n~e of 3~.05 feet to', ehi~elea -~. un concrete: lnENCE North 86- 52' 54- East I dist,nce of 5'.~ feet to in Iron rod set in concrete; . . T1!EIICE SlJut.h 03. 07' 06" rut tOI~lin"ir,g o..~r 1m! ,:1..(('\$ U.! lG.(I:,) Hre tract. . distance of 769.09 feet to an fron ro~ ~.t ih 'oncr~te; T~rICE r,orth 86- 52' S~.. tlst with the South lift: (I; the 16.00 i1r.l'e lnct I distance of 557.65 fctt to an ir~n rod set in c~ncretei T;;:;r:CE r:orth 03- 07' Do" West"ith the fut Hr.e of the 16.00 .cre tract. I distance of 6~9.14 feet to an 1,'Qn rod set fn COilcrfte and sf~::'!t~J In the So...th right-of-way line of raft~::ont Partway; . THFJ,CE S~ut.h 8~. 52' 5';" t\c:st Io'tth the South ri~ht-~'..,.ay Hr.! or rAi,. .nt. rark;;ilY, a dbtance ot' 616.SS h~t to ~he P~i:rt Of ~Z!H:.!m:G cltckd~g . tract or land cc~tain~ng 8.~:67 lcres r~rt or 11~s. . e e e e e EXHIBIT "C" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN LA PORTE, TEXAS ("CITY") AND LAI PROPERTIES, INC. ( "COMPANY" ) DATED JANUARY 1, 1984 Notwithstanding anything in this Agreement to the apparent contrary, the execution and delivery of this Agreement by the parties, is in full, final, and complete satisfaction of all claims by the parties for ad valorem tax matters (including all tax, penalties and interest) for 1983 and prior years, or for any refunds thereof. Company has, simultaneously with the execution of this Agreement, tendered to City its payment of $14,891.80 for payment of delinquent 1982 ad valorem taxes and penalty and .. interest thereon, and current 1983 ad valorem taxes. City, by ~ execution hereof, agrees to credit Company with payment in advance of "in lieu of taxes" payments for calendar years 1984, 1985 and 1986 hereunder. During such years, Company shall only be obligated to pay the ad valorem tax on twenty-five percent (25%) of the value of Company's taxable property covered by the terms of this Agreement, as more fully described herein. e e e I e \ . e EXHIBIT "C" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN LA PORTE, TEXAS ("CITY" ) AND LAI PROPERTIES, INC. ("COMPANY" ) DATED JANUARY 1, 1984 Notwithstandinq anvthinq in this Aqreement to the aODarent contrary, the execution and delivery of this Agreement by the parties, is in full, final, and complete satisfaction of all claims by the parties for ad valorem tax matters (includinq all tax, ~enalties and interest) for 1983 and prior years, or for any refunds thereof. Company has, simultaneously with the execution of this Agreement, tendered to City its payment of $14,891.80 for payment of delinquent 1982 ad valorem taxes and penalty and e interest thereon, and current 1983 ad valorem taxes. City, by execution hereof, agrees to credit Company with payment in advance of "in lieu of taxes" payments for calendar years 1984, 1985 and 1986 hereunder. During such years, Company shall only be obligated to pay the ad valorem tax on twenty-five percent (25%) of the value of Company's taxable property covered by the terms of this Agreement, as more fullv described herein. e . e " ----------------..--------------- ---- e e e C ITV OF LA PORTE INTER-OFFICE MEMORANDUM TO: Jack Owen - City Manager DATE: December 5, 1983 FROM: John Joerns - Director of Community Development SUBJECT: Administrative Reports/Council Meeting of 12/7/83 Request by Liquid Air for Potable Water Service Background Staff has received a request from Liquid Air for potable water service to their plant located in the Bayport Industrial District. This item has been scheduled for the Council Workshop of December 14, 1983, and the back- up information ts being prepared for Council's review. Last week Liquid Air received notice from their present supplier that their service would be discontinued as of December 31, 1983. Therefore, what was a routine request has turned into a problem requiring immediate attention. e After presentation of all the material at next week1s workshop, staff requests that touncil arrive at a concensus on the issue. Th i swill a 11 ow Liquid Air to proceed with their engineering drawings, permits, etc. or investigate another source of water. ~ns JJ/sc ~ e " ~ C. 71J JA,u. QvGiJ. *1 ... e I!T, *, '$ p.,J- ", Jq 8' \ e MEMORANDUM TO: Robert T. Herrera DATE: January 6, 1984 FROM: Betty Blackmon ,SUBJECT: Liquid Air, Inc. On January 5, 1984, I received a phone call from a Mr. Hoffman, Mr. Hoffman stated he was an attorney representing Liquid Air, Inc. Liquid Air is an industrial facility located within our Bayport Industrial District. Mr. Hoffman wanted to know the tax amounts due to the City of La Porte from Liquid Air, Inc. I gave Mr. Hoffman the amounts due for 1982, tax amount $5,961.74, penalty and interest $2,539.70, a total of $8,501.44 for 1982; the tax amount for 1983 is $6,390.36; these amounts are for payment in January 1984. At this time Mr. Hoffman stated that he, as repre- senting Liquid Air, Inc., had an agreement with Mr. Knox Askins, to the effect that the City of La Porte had agreed to discount the penalty and interest for the delinquent year. At this time e I explained to Mr. Hoffman that state law does not give to anyone the power to discount penalty and interest once penalty and interest has accrued. Mr. Hoffman further stated he, as representative of Liquid Air, Inc., also had an agreement with Mr. Askins to the effect that the City of La Porte would enter into an Industrial District agreement with Liquid Air, Inc., and back date the agree- ment to include the years 1982 and 1983. This, agreement would result in a lesser tax amount for the above mentioned years. I then explained to Mr. Hoffman that once the values have been cert- ified.by the appraisal review board no one had the power to change these values. Mr. Hoffman then stated he would get back with Mr. Askins on these matters. I then explained to Mr. Hoffman that there might be a possibility of some sort of agreement on their "in lieu" payment for 1984. At this time Mr. of~tated he would get back with me. Blackmon e (',-- --~'~'.~~"~"",,,,,,,,.....~"i-':'Ji'''',,'')>~,,,_,.,,o. "',...,..T.".......,. -'. \", ~... ~-~ e e BTPE mails rene\val notices field or fields for the registrant-either appraisal. assessing/collecting or collect- to than 4,000 registrants ing only. The registrant should check the more field designation and be sure that it is - the field in which he or she is actually - The Board of Tax Professional Exam- gistrants who have changed jobs or working at present. If the designation is iners' (BTPE) 1984 registration renewal addresses in the past year should look not correct, the correct field should be program got underway December 1 when for the notice at the former job or address. entered on the data form. renewal notices and instructions \Vere The most important part of the re- "We do have some confusion on course mailed to approximately 4,200 regis- newal process occurs when the regis- numbers," Smith notes. "We now record trants. trant checks and, if needed, corrects the courses by SPTB textbook numbers," he "The renewal program for 1984 will be data form and returns it to BTPE.This explains, "but registrants may have very important," says Sam Smith, BTPE form is the basis for updating records taken these courses when the old T AAO executive director, "because of changes and for determining whether a registrant numbers were used." For clarification, in the ,registration and certification sys- is meeting BTPE requirements for ad- the course numbers previously used by tern brought about by a new law and vancement, certification or recertifica- T AAO and the equivalent SPTB text new board rules. Our three major con- tion. numbers are shown below as they will cerns are that all registrants receive Each renewal notice will designate a appear on the renewal data forms. their renewal notices and complete and return the data forms. that we renew each person in the field in which they are working, and that we have each T AAO/SPTB Equivalent Course Numbers registrant's record of courses correct and up-to-date." Everyone registered with BTPE should TAAO 110 will be SP 100 be alert for the arrival of the renewal TAAO 210 will be SP 120 notice. If it is not received by December T AAO 310 will be SP 210 or SP 220 21, the registrant should call Carol (registrant's choice Morisey or Betty Hinsley at BTPE. Re- but not both) T AAO 320 will be SP 230 Preregistration for TAAO 410 will be SP 250 ~ e TAAO 420 A CA seminar begins ( discontinued) will be TA 420 A -- TAAO 420 B will be SP 300 Preregistration materials for the Feb- TAAO 510 will be SP 240 rU,ary 16-17 Chief Appraisers' Seminar T AAO 520 will be SP 360 in Austin will be mailed this month to chief appraisers and appraisal district board chairmen. Though preregistration is not required QDoes the governing body of a for attendance Oat the seminar, it will assist SPTB's Education Section staff in taxing unit ,have the power or uestions making final arrangements; those who authority to waive penalty or interest on do preregister will receive precedence delinquent taxes? Does the tax collector in scheduling. for a taxing unit have such power or ~ ns~ers The seminar begins with a general authority? n session on Thursday morning, February . 16, in the auditorium of the LBJ School Q If a taxing unit either adopts or of Public Affairs at the University of A No. Neither the governing body Texas. Two afternoon workshop periods nor the tax collector for a taxing repeals an optional exemption in the Thompson Conference Center unit has the power or authority to waive (such as the homestead exemption based follow on Thursday and Friday's sched- penalty and interest on delinquent taxes, on a percentage of appraised value), ule consist s of four workshop periods. according to Art. Ill, Sec. 55, of I he how soon must the chief appraiser be As in the past, each of six topics will he Texas Constitution. The section provides, nolified'? offered during each of t he six periods so "The Legislature shall have no power to that <III participants may illlend each release or extinguish, or to authorize the AThe appraislil distl'ict must be wOl'kshop. releasing or extinguishing. in whole or nolified within 30 days of the Discussion lopics \\' i II cenler on in part, the indebtedness, liability or laxing unit's action of Ihe lerms of its e mailers of interest to chief appraisers obligation of any corporation or indivi- action, inc:luding the adoption. amend. ~ and appraisal distrir:t directors; an over- dual. to this State or to any county or menloI' I'epmllof any optional exemption, view of the topics is slated for the defined subdivision thereof. . . or olher according to Sec. 6.08. Pmperty Tax January issue of STATEMENT. 0 municipal corporation therein, . , . ," Code. 6 ST A TEMENT/December 1983