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HomeMy WebLinkAbout1994-01-10 Regular MeetingE AGENDA REGULAR MEETING OF LA PORTE CITY COUNCIL TO BE HELD JANUARY 10, 1994, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. Next Ord. 94-1961 Next Res. 94-01 1. CALL TO ORDER 2. INVOCATION BY COUNCILPERSON MAXWELL 3. CONSIDER APPROVING MINUTES OF THE REGULAR MEETING DECEMBER 13, 1993 4. PROCLAMATION: EDUCATION FOUNDATION DAY - MR. JOE MONK, PRESIDENT OF FOUNDATION (FILM PRESENTATION AND INTRODUCTION OF FOUNDATION TO COUNCIL WITH INVITATION FOR KICK OFF CELEBRATION) 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX PAYERS WISHING TO ADDRESS COUNCIL 6. CONSIDER ORDINANCES AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF INDUSTRIAL DISTRICT AGREEMENTS (Ord No's as follows) - R. Herrera COMPANY NAME• AIR PRODUCTS, INC. CORPORATION ALPHAGAZ, DIVISION OF LIQUID AIR CORP. ARCO PIP LINE COMPANY ARISTECH CHEMICAL CORPORATION BIG THREE INDUSTRIES, INC. DOW CHEMICAL COMPANY DRAGO SUPPLY COMPANY, INC. DUNN EQUIPMENT, INC. E.I. DU PONT DE NEMOURS AND COMPANY CHUSEI (U.S.A.), INC. EURECAT U.S., INC. NOCS WEST GULF, INC. ETHYL CORPORATION FAIRMONT SUPPLY COMPANY FINA OIL & CHEMICAL COMPANY GOODYEAR TIRE & RUBBER COMPANY HERCULES, INC. SOLVAY INTEROX GEON COMPANY LUBRIZOL CORPORATION OCCIDENTAL CHEMICAL CORPORATION OHMSTEDE, INC. ORDINANCE NO: 93-IDA-01-A 93-IDA-03 93-IDA-05 93-IDA-06 93-IDA-08 93-IDA-09 93-IDA-10 93-IDA-11 93-IDA-12 93-IDA-13 93-IDA-14 93-IDA-15 93-IDA-16 93-IDA-17 93-IDA-18 93-IDA-20 93-IDA-22 93-IDA-24 93-IDA-25 93-IDA-26 93-IDA-28 93-IDA-29 PRAXAIR, INC. 93-IDA-32 PRIMECO, INC D/B/A/ PRIME EQUIPMENT CO. 93-IDA-33 REVAK ENTERPRISES, INC. 93-IDA-36 REXENE CORPORATION 93-IDA-37 SOLVAY POLYMERS, INC. 93-IDA-39 LAIDLAW ENVIRONMENTAL SERVICES (TES), INC. 93-IDA-41 TRI-GAS, INC. 93-IDA-44 CBSL TRANSPORTATION SERVICES, INC. 93-IDA-48 7. CONSIDER APPROVING AN ORDINANCE AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND ABRAMS SCOTT AND BICKLEY, L.L.P. , FOR LEGAL SERVICES (Ord. 94-1961) - R. Herrera 8 CONSIDER APPROVING A RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE, TEXAS, FOR A PROGRAM KNOWN AS JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT (Res. 94-01) - B. Powell 9. AUTHORIZE THE DESIGNATION OF A REPRESENTATIVE AND ALTERNATE FOR THE GENERAL ASSEMBLY OF THE HOUSTON GALVESTON AREA COUNCIL FOR THE YEAR 1994 (Res. 94-02) - R. Herrera 10. CONSIDER AWARDING A BID FOR THE REPLACEMENT AND NEW PURCHASE OF VARIOUS VEHICLES TO KNAPP CHEVROLET, LES MARKS CHEVROLET AND A.C. COLLINS FORD - S. Gillett 11. ADMINISTRATIVE REPORTS A. ANNUAL INSTALLATION BANQUET FOR LA PORTE CHAMBER OF COMMERCE THURSDAY, JANUARY 20TH 12. COUNCIL ACTION 13. EXECUTIVE SESSION - V.A.T.S. - ARTICLES 6252-17, SECTION 2(E), (F), (G), (R), - (LEGAL, LAND ACQUISITION, PERSONNEL, AND CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION) A. SECTION (G) - (PERSONNEL) RECEIVE REPORT FROM THE CITY MANAGER REGARDING PERSONNEL MATTER(S) 14. ADJOURNMENT If during the course of the meeting covered by this agenda the Council should determine that a closed or executive meeting or session of the Council should be held or is required in relation to an item noticed in this agenda, then such closed or executive meeting or session as authorized by TEX. REV. CIV. STAT. ANN. Art. 6252-17(a) (Open Meetings Act) will be held by the Council at that date, hour and place given in the meeting notice or as soon after the commencement of the meeting covered by the meeting notice as the Council may conveniently meet in such closed or executive meeting or session concerning any and all subjects and for any and all purposes permitted by Section 2(c) through Section 2(r), inclusive of said Open Meetings Law, including, but not limited to: Section 2(d) - For the purpose of excluding witness or witnesses from a hearing during examination of another witness. Section 2(e) - For the purpose of a private consultation with the Council's attorney on any or all subjects or matters authorized by law. Section 2(f) - For the purpose of discussing the purchase, exchange, lease or value of real property and negotiated contracts for prospective gifts or donations. Section 2(g) - For the purpose of considering the appointment, employment evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear complaints or charges against a public officer or employee. Section 2 (j ) - To consider the deployment, or specif is occasions for implementation, of security personnel or devices. Section 2(r) - For the purpose of conferring with an employee or employees of the City, for the sole purpose of receiving information from the employee or employees or to ask questions of the employee or employees; provided, however, that no discussion of public business or City policy that affects public business shall take place between the members of the City Council during the conference. 5� 2 1. MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL JANUARY 10, 1994 The meeting was called to order by Mayor Norman Malone at 6:01 P.M. Members of City Council Present: Mayor Norman Malone, Councilpersons Guy Sutherland, Mike Cooper, Bob McLaughlin, Alton Porter, Deotis Gay, Jack Maxwell and Jerry Clarke Members of City Council Absent: Councilperson Bob Thrower Members of City Staff Present: City Manager Robert T. Herrera, City Secretary Sue Lenes, Assistant City Manager John Joerns, Director of Administrative Services Louis Rigby, Director of Finance Jeff Litchfield, Chief of Police Bobby Powell, Police Lt. Carl Crisp, Police Officer Donna Cook, Reserve Police Office Pat O'Conner, Buyer Susan Kelley, Director Parks and Recreation Buddy Jacobs, Secretary to the City Manager Carol Buttler, Director Public Works Steve Gillett Members of City Staff Absent: City Attorney Knox Askins Others Present: Attorneys Barry Abrams and Susan L. Bickley and a number of citizens 2. The invocation was given by Councilperson Maxwell. 3. Council considered approving minutes of Regular Meeting December 13, 1993. Motion was made by Councilperson McLaughlin to approve the minutes of December 13 as presented. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 4. Mayor Malone proclaimed January 12, 1994 as Education Foundation Day. Mr. Joe Monk, President of the Foundation Board and several citizens accepted the award. 5. Mr. Tom Barrett, 120 West A, La Porte, spoke to Council regarding Little Cedar Bayou Park and the November 2, 1993, Special Election. Mr. Barrett also spoke about the La Porte Golf Course and its yearly cost to the taxpayers. Minutes Regular Meeting La Porte City Council January 10, 1994, 2 Mrs. Terrye Rhame, 3110 Lazy Pine, La Porte, spoke to Council regarding a vacant home at 3111 Lazy Pine, La Porte. Mrs. Rhame asked for help in having something done because people have been breaking in and vandalizing the property. Mrs. Rhame left pictures of the property for the Councils' review. 6. Council considered an ordinance authorizing the execution by the City of La Porte of Industrial District Agreements. COMPANY NAME: ORDINANCE NO: AIR PRODUCTS, INC. CORPORATION 93-IDA-01-A ALPHAGAZ, DIVISION OF LIQUID AIR CORP. 93-IDA-03 ARCO PIPE LINE COMPANY 93-IDA-05 ARISTECH CHEMICAL CORPORATION 93-IDA-06 BIG THREE INDUSTRIES, INC. 93-IDA-08 DOW CHEMICAL COMPANY 93-IDA-09 DRAGO SUPPLY COMPANY, INC. 93-IDA-10 DUNN EQUIPMENT, INC. 93-IDA-11 E.I. DU PONT DE NEMOURS AND COMPANY 93-IDA-12 CHUSEI (U.S.A.), INC. 93-IDA-13 EURECAT U.S., INC. 93-IDA-14 NOCS WEST GULF, INC. 93-IDA-15 ETHYL CORPORATION 93-IDA-16 FAIRMONT SUPPLY COMPANY 93-IDA-17 FINA OIL & CHEMICAL COMPANY 93-IDA-18 GOODYEAR TIRE & RUBBER COMPANY 93-IDA-20 HERCULES, INC. 93-IDA-22 SOLVAY INTEROX 93-IDA-24 GEON COMPANY 93-IDA-25' LUBRIZOL CORPORATION 93-IDA-26 OCCIDENTAL CHEMICAL CORPORATION 93-IDA-28 OHMSTEDE, INC. 93-IDA-29 PRAXAIR, INC. 93-IDA-32 PRIMECO, INC D/B/A/ PRIME EQUIPMENT CO. 93-IDA-33 REVAK ENTERPRISES, INC. 93-IDA-36 REXENE CORPORATION 93-IDA-37 SOLVAY POLYMERS, INC. 93-IDA-39 LAIDLAW ENVIRONMENTAL SERVICES (TES), INC. 93-IDA-41 TRI-GAS, INC. 93-IDA-44 CBSL TRANSPORTATION SERVICES, INC. 93-IDA-48 City Manager Bob Herrera stated he is proud to report the agreements as presented have been well thought out by both Industry and the City. He stated it is staffs recommendation we enter into an Industrial District Agreement with these companies. Minutes Regular Meeting La Porte City Council January 10, 1994, 3 Council reviewed each Industrial District Agreement and decided to vote on all the ordinances as "a one vote passes all agreements". Mayor Malone read: ORDINANCE 93-IDA-01-A - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR PRODUCTS, INCORPORATED, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Cooper to authorize the execution of all Industrial District Agreements as presented. Second by Councilperson McLaughlin. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 7. Council considered approving an ordinance authorizing a contract between the City of La Porte and Abrams Scott and Bickley, L.L.P., for legal services. Mayor Malone read: ORDINANCE 94-1961 - AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND ABRAMS SCOTT & BICKLEY, L.L.P., FOR LEGAL SERVICES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Maxwell to approve Ordinance 94-1961 as read by Mayor Malone. Second by Councilperson Clarke. The motion carried, 7 ayes and 1 nay. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Maxwell, Clarke and Mayor Malone Nays: Councilperson Gay 8. Council considered approving a resolution authorizing the submission of a grant request to the Governor's Criminal Justice Division for funding to the City of La Porte, Texas, for a program known as Juvenile Justice and Delinquency Prevention Act. Minutes Regular Meeting La Porte City Council January 10, 1994, 4 Lt. Carl Crisp, La Porte Police Department, reviewed with Council the information regarding the grant request to the Governor's Criminal Justice Division. Mayor Malone read: RESOLUTION NO. 94-01 - A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE, TEXAS, FOR A PROGRAM KNOWN AS JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT. Motion was made by Councilperson Gay to approve Resolution 94- 01 authorizing the submission of a grant request to the Governor's Criminal Justice Division. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 9. Council considered authorizing the designation of a representative and alternate for the General Assembly of the Houston -Galveston Area Council for the year 1994. Mayor Malone read: RESOLUTION 94-02 - DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY AND BOARD OF DIRECTORS; BE IT RESOLVED, BY THE CITY COUNCIL OF LA PORTE, TEXAS THAT THE FOLLOWING BE, AND THEY ARE HEREBY, DESIGNATED AS THE REPRESENTATIVE AND ALTERNATE OF THE GENERAL ASSEMBLY OF THE HOUSTON-GALVESTON AREA COUNCIL FOR THE YEAR 1994 Motion was made by Councilperson Maxwell to keep the same representatives as resolved by the 1993 resolution. those two named persons. Councilperson Guy Sutherland as Representative and Councilperson Jerry Clarke as alternate. Second by Councilperson Cooper. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 10. Council considered awarding a bid for the replacement and new purchase of various vehicles to Knapp Chevrolet, Les Marks Chevrolet and A.C. Collins Ford. Director of Public Works Steve Gillett reviewed with Council the request for replacement and new purchase of various vehicles. 0 • Minutes Regular Meeting La Porte City Council January 10, 1994, 5 Motion was made by Councilperson Sutherland to award the bid as presented by Steve Gillett. Second by Councilperson Clarke. The motion carried, 8 ayes and 0 nays. Ayes: Councilpersons Sutherland, Cooper, McLaughlin, Porter, Gay, Maxwell, Clarke and Mayor Malone Nays: None 11. Administrative Reports City Manager Bob Herrera reminded Council the annual Installation Banquet for the La Porte Chamber of Commerce will be held Thursday, January 20. 12. Councilpersons McLaughlin, Porter, Gay, Maxwell and Cooper brought items to Council's attention. Councilperson Cooper also stated District 2 representative on the Planning and Zoning Commission, Mr. Wayne Anderson is resigning. Councilperson Cooper presented Council a resume for Mr. Charles S. Engelken, Jr. and introduced Mr. Engelken, who was in the audience. Councilperson Cooper stated he was placing Mr. Engelken's name before Council as the person to fill the vacancy left by Mr. Wayne Anderson. 13. Council adjourned into Executive Session at 6:40 P.M. Executive Session convened at 7:05 P.M. EXECUTIVE SESSION - V.A.T.S. - ARTICLES 6252-17, SECTION 2(E), (F), (G), (R), - (LEGAL, LAND ACQUISITION, PERSONNEL, AND CONFERENCE(S) WITH EMPLOYEE(S) TO RECEIVE INFORMATION) A. SECTION 2(G) - (PERSONNEL) RECEIVE REPORT FROM THE CITY MANAGER REGARDING PERSONNEL MATTER(S) Council returned to the table at 7:18 P.M. No action taken. i • Minutes Regular Meeting La Porte City Council January 10, 1994, 6 14. There being no further business, the meeting adjourned at 7:22 P.M. Respectfully submitted, Sue Lenes, City Secretary Passed and Approved this the 24th day of January, 1994 IN rman L.,Malone, ayor 0 0 Office of the Mayor WA x hprp�j� ; The La Porte Education Foundation promotes 's expanded educational opportunities for La Porte ISD students and teachers, and WHEREAS, the volunteer Education Foundation Board of Directors is comprised of a strong base of industry, small business leaders, parents, and a support group seeking to raise and distribute funds to enhance the quality of education, and WHEREAS, the Foundation operates separately from the La Porte ISD, the La Porte ISD Board of Trustees, and is a non-profit organization, and WHEREAS, the La Porte Education Foundation members, armed with their conviction to continue providing economic funding to address the decline in district resources, seek to enrich those resources in order to provide technology and learning tools for the education of our children, and WHEREAS, La Porte Education Foundation invites the community of La Porte to join with them for a special day to celebrate education. The celebration will be held at Sylvan Beach Pavilion, Wednesday, January 12th, 6:00 P.M. to 8.00 P.M. NOW, THEREFORE, I, NORMAN L. MALONE, MAYOR of the City of La Porte, do hereby proclaim January 12, 1994, as EDUCATION FOUNDATION DAY in the City of La Porte, and urge all citizens to join in the celebration and to salute the newly formed La Porte Education Foundation and their efforts. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City to be affixed hereto, this the 10th day of January, 1994. CITY OF LA PORTE Norman L. Malone, Mayor he Potri-e- by le KcrA k l Pe_S[-cuev)L Of FOO-oCI -COt r ar -cl Cc�l�v �tce,v� yAeujiul 4(vvve6 p4 l b a 5` r6 b vAA o- fcC t n. c n 0,�D C c,�- '1 e L& LC C c,a c� like fo sh rE a. m n . 4 C sec.) wh ► c h C o,5-ra+ (f-'s V-) 9 u,; o u c C C, cur L, 6L 0 • s � J OJ cJ -be�aLk c v4-1 ORDINANCE NO. 93-IDA-01.-A.7" AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR PRODUCTS, INCORPORATED, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. AIR PRODUCTS, INCORPORATED has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares .that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93-IDA-01 A PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: Robkan L. Malo , Mayor ATTEST: Sue Lenes, City Secretary City Attorney NO. 93-IDA- OJ- { { STATE OF TEXAS { COUNTY OF HARRIS { 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 AIR PRODUCTS, I INCORPORATED , a Delaware corporation, hereinafter called "COMPANY", W I T N E S S E T H• WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: Revised: October 22, 1993 City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its =- extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. f Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose.of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal 2 properti in the annexed portion, for ad valorem tax purposes. III. A. on or before April 15, 1994, and'on or before -each April 15th thereafter, unless an extension is granted,in accordance with the Texas Property Tax Code, through and including April 15, 2000, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"). A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage")., and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. on or before the later of December 31, 1994, or 30 days from mailing of tax bill and -in like manner on or before each December 31st thereafter, through and including December 31, 2000, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. (a) Fifty percent (50%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by City's independent appraiser; and (b) Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City and appraised each year by 3 2. 3. • City's independent appraiser; and (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 1993, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser. (b) A Substantial Increase in value of the Land and improvements as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 1993; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing property values have depreciated below the value established on January 1, 1993, an amount equal to the amount of the depreciation will be removed from this calculation to restore the value to the January 1, 1993, value; and (a) Fifty -percent (50%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by the City's independent appraiser; (b) Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items 4 of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on _ January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City and appraised each year by the City Is independent appraiser. with the sum of 1, 2 and 3 reduced by the amount of City Is ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 1994, and continuing thereafter until December 31, 2000, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2000, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding.such protest by Company, Company agrees to pay to 5 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 t taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the 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" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter. into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have noe reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10. days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution R \_ \ of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the _ year in question. The Board -shall hear and consider all, relevant and material evidence on that issue including -_ 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 available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas) . Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements "thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. This Paragraph shall not apply to any Court ordered extension of the term of the Agreement ordered in Southern Ionics, Inc. vs City of La Porte, Civil Action H-89-3969, United States District Court, Southern District of Texas. 7 0 0 The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or* the- application thereof to any person, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 1994. ATTEST: City Secretary APPRO�ED : Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (713) 471-1886 Fax: (713) 471-2047 By: By: By: AIR PRODUCTS, INCORPORATED Q(COMPANY) CQ Name: C. P. Powell Title: Vice President Address: 7201 Hamilton Boulevard Allentown, PA 18195-1501 CITY OF LA PORTE Norman L. Malone Mayor Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 W "EXHIBIT A" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE QuINJ (Metes and Bounds Description of Land) E EXHIBIT -A (1) 18.861 acres of land of the Strang Subdivision of a part of the Enoch Brinson Survey in Harris County, Texas, described in deed to Company from Bruce Barkis and wife, Marie A. Barkis, dated April 6, 1967, recorded in Volume 6720, page 179 of the Deed Records of said county; (2) 9.484 acres of land of the Strang Subdivision of a part of the Enoch Brinson Survey in Harris County, Texas, described in deed to Company from Thomas T. Chase et al dated April 20, 1967, recorded in Volume 6753, page 39 of the Deed Records of said county. (3) 11.98 acres of land out of the Enoch Brinson Survey in Harris County, Texas, described in deed to Company from Daisy Mae Hershberaer, dated 18 March 1977, recorded in the Deed Record of Harris County, Texas, County.Clerk's File Number FO 88954,.Film Code 161-18-0176. (4) 5.52 acres of an original 7.19 acre parcel of land out of Lots 41 and 42 of the Strang Subdivision in the Enoch Brinson Survey in Harris County, Texas, described in deed to Company from Edward A. Chapman and wife, Nalta Chapman, dated 18 March 1977, recorded -in the Deed Record of Harris County, Texas, County Clerk's File Number F 088269, Film Code 161-17-0494. (5) 16.16 acres of land out of and part of Strang Subdivision in the Enoch Brinson Survey (Abstract 5) in Harris County, Texas, described in deed to Company from The A-B Chemical Corporation, dated 5 May 1978, recorded in the Deed Record of Harris County, Texas, County Clerk's File Number F 599060, Film Code 195-04-0618. (6) Land leased to Air Products and Chemicals, Inc. from Diamond Shamrock Corporation. One (1) acre of land of the Arthur McCormick -Survey Abstract No. 46, Harris County, Texas, being a part of the 220.28 acre tract of land conveyed to Diamond Shamrock Corporation by Phillips Petroleum Co., by deed dated 30 May 1970, recorded in the Deed Records of Harris County, Texas, County Clerk's File No. 0 605635, Film Code 145-26-2538 and a 75.57 acre tract conveyed to Diamond Shamrock Corporation by Phillips Petroleum Company by deed dated 30 September 1970. "EXHIBIT B" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE 4RIAN (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) 10 ORDINANCE NO. 93-IDA-03 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ALPHAGAZ, DIVISION OF LIQUID AIR CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 311 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. ALPHAGAZ, DIVISION OF LIQUID AIR CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by - reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this _meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. I ORDINANCE NO. 93-IDA-03 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: an L. Malo , Mayor ATTEST: Sue Lenes, City Secretary City Attorney I ORDINANCE NO. 93-IDA-05 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT.AGREEMENT WITH ARCO PIPE LINE COMPANY, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. ARCO PIPE LINE COMPANY has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3_ The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • ORDINANCE NO. 93-IDA-05 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: )//'e� 11 -- o an L. a o , Mayor ATTEST: Sue Lenes, City Secretary APP D: Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-06 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ARISTECH CHEMCIAL CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. ARISTECH CHEMCIAL CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93-IDA-06 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: N ma L. Ialo 0, Mayor ATTEST: Sue Lenes, City Secretary City Attorney ORDINANCE NO. 93-IDA-08 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH BIG THREE INDUSTRIES, INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY.THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. BIG THREE INDUSTRIES, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. - The City Council officially finds, determines, recites, and declares that -a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. CJ 0 ORDINANCE NO. 93-IDA-08 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By:ri /7.4t Nbwrman L. Malone, Mayor ATTEST: Sue eves, City Secretary City Attorney ORDINANCE NO. 93-IDA-09 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH THE DOW CHEMICAL COMPANY, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING. VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section I. THE DOW CHEMICAL COMPANY has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto,- incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93-IDA-09 PAGE 2 section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: o an L. Malonb, Mayor ATTEST: Sue enes, City Secretary APPR Vkb: z (1). 4 4, Krfefc W. Askins, City Attorney 0 • ORDINANCE NO. 93-IDA-10 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DRAGO SUPPLY COMPANY, INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DRAGO SUPPLY COMPANY, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy -of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • ORDINANCE NO. 93-IDA-10 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE i • .vu , • Mayor ATTEST: Sue Lenes, City Secretary APPRO 1 Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-11 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DUNN EQUIPMENT, INC., FOR THE TERM COMMENCING JANUARY 11 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. DUNN EQUIPMENT, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil 'Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93-IDA-11 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: N an L. al , Mayor ATTEST: Sue Lenes, City.Secretary APPRO Knox W. Askins, City Attorney E ORDINANCE NO. 93-IDA-12 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH E.I. DU PONT DE NEMOURS AND COMPANY, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. ' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. E.I. DU PONT DE NEMOURS AND COMPANY has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice. of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • ORDINANCE NO. 93-IDA-12 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: N&rman L. Mal e, Mayor ATTEST: Sue Lenes, City Secretary APPROVED 4;z- Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-13 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CHUSEI (USA) INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. CHUSEI (USA) INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 11 I ORDINANCE NO. 93-IDA-13 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: /4Ha2n?7-�L.MaMo , Mayor ATTEST: s4z6=C 2�� Sue Lenes, City Secretary APP nox W. Askins, City Attorney I-] ORDINANCE NO. 93-IDA-14 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH EURECAT U-S. INCORPORATED, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. EURECAT U.S. INCORPORATED has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 0 • ORDINANCE NO. 93-IDA-14 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: /Rdrifian L.-Malorlee, Mayor ATTEST: —ZL� Sue Lenes, City Secretary City Attorney \ ORDINANCE NO. 93-IDA-15 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH NOCS WEST GULF, INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. NOCS WEST GULF,. INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • ORDINANCE NO. 93-IDA-15 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: o an �L.Malo , Mayor ATTEST: Sue enes, City Secretary APPR j ox W. Askins, City Attorney • 0 ORDINANCE NO. 93-IDA-16 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH ETHYL CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. ETHYL CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • 0 ORDINANCE NO. 93-IDA-16 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: /ir2an�L.Mal ne, Mayor ATTEST: Sue Lenes, City Secretary City Attorney ORDINANCE NO. 93-IDA-17 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH FAIRMONT SUPPLY COMPANY, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. FAIRMONT SUPPLY COMPANY has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially: finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93-IDA-17 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: N rman L. MA16ne, Mayor ATTEST: Sue Lenes, City Secretary APPR Knox W. Askins, City Attorney 0 • ORDINANCE N0..93-IDA-18 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH FINA OIL AND CHEMICAL COMPANY, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 310, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. FINA OIL AND CHEMICAL COMPANY has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93-IDA-18 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: rman �-M�on, Mayor ATTEST: i, Z""'— Sue Lene , City Secretary APPD: 1 Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-20 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH THE GOODYEAR TIRE & RUBBER COMPANY, FOR THE TERM COMMENCING JANUARY 11 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. THE GOODYEAR TIRE & RUBBER COMPANY has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by -reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93-IDA-20 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: N an L. Malo e, Mayor ATTEST: Sue Lenes, City Secretary City Attorney ORDINANCE NO. 93-IDA-22 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH HERCULES INCORPORATED, FOR THE TERM COMMENCING JANUARY 11 1994, AND ENDING DECEMBER 311, 2000; MAKING VARIOUS FINDINGS AND. PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. HERCULES INCORPORATED has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section'l hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • ORDINANCE NO. 93-IDA-22 PAGE 2 section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: rman L. Mal e, Mayor ATTEST: Sue Lenes, City Secretary APPRO D: Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-24 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH SOLVAY INTEROB, FOR THE TERM COMMENCING JANUARY 1# 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. SOLVAY INTEROX has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, -and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines., recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ll ORDINANCE NO. 93-IDA-24 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: 4Nr an�L.Malo , Mayor ATTEST: Sue enes, City Secretary City Attorney ORDINANCE NO. 93-IDA-25 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH THE GEON COMPANY, FOR THE TERM COMMENCING JANUARY 11 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. THE GEON COMPANY has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially- finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 0 ORDINANCE NO. 93-IDA-25 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE ATTEST: Sue Lenes, City Secretary APPROV: �` r Knox W. Askins, City Attorney 0 ORDINANCE NO. 93-IDA-26 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH THE LUBRIZOL CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. THE LUBRIZOL CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. -The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 0 • ORDINANCE NO. 93-IDA-26 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: 2�=-xw N an L. Malone, Mayor ATTEST: Sue Lenes, City Secretary City Attorney • • ORDINANCE NO. 93-IDA-28 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH OCCIDENTAL CHEMICAL CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. OCCIDENTAL CHEMICAL CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially -finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. r: • ORDINANCE NO. 93-IDA-28 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: Nb-fta'n"L.' Malohelf Mayor ATTEST: Sue Lenes, City Secretary APPRQVFP : 6'� Z�d Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-29 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH OHMSTEDE, INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. OHMSTEDE, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • ORDINANCE NO. 93-IDA-29 PAGE 2 section 4. This Ordinance shall be effective from and after its passage and approval; and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: o an L. Malortee, Mayor ATTEST: Sue Lene , City Secretary AP jR6'V : r Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-32 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH PRAXAIR, INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. PRAXAIR, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • ORDINANCE NO. 93-IDA-32 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE // rm . - an L. M Mayor ATTEST: Sue Lenes, City Secretary APPR ED: z - Knox W. Askins, City Attorney • ORDINANCE NO. 93-IDA-33 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH PRIMECO, INC. D/B/A PRIME EQUIPMENT, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. PRIMECO, INC. D/B/A PRIME EQUIPMENT has executed an industrial district agreement -with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. ORDINANCE NO. 93-IDA-33 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: �4� - 141- - '10�'rsz 10, NtMaff L. IMAM, Mayor ATTEST: Sue Lenes, City Secretary APP Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-36 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH REVAK ENTERPRISES, INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. REVAK ENTERPRISES, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • ORDINANCE NO. 93-IDA-36 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: 0 �jz /00 t' e, zo — N man L. Mal ne, Mayor ATTEST: S' '�e' -"'� Sue Lenes, City Secretary APPY,GlaD5t) I Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-37 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH REBENE CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. REXENE CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. E 0 ORDINANCE NO. 93-IDA-37 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: 4NIW—N.Mal e, Mayor ATTEST: Sue Lenes, City Secretary APPROVED: Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-39 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH SOLVAY POLYMERS, INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. SOLVAY POLYMERS, INC. has executed an industrial district- agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially.. finds, determines, recites, and declares that a sufficient written notice -of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • ORDINANCE NO. 93-IDA-39 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE '0��k By: 1 /,0 W#IZ - Zr fLre Nbrman L. Mal ne, Mayor ATTEST: Q� "-V - oz�� Sue enes, City Secretary APPRO Knox W. Askins, City Attorney 0 ORDINANCE NO. 93-IDA-41 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH LAIDLAW ENVIRONMENTAL SERVICES (TES), INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. LAIDLAW ENVIRONMENTAL SERVICES (TES), INC. has executed an industrial district -agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 0 • ORDINANCE NO. 93-IDA-41 PAGE 2 section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: 14 rman L. al , Mayor ATTEST: Sue Lenes, City Secretary APPR nox W. Askins, City Attorney ORDINANCE NO. 93-IDA-44 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH TRI-GAS INC., FOR THE TERM COMMENCING JANUARY 1, 19941, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. TRI-GAS INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds; determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 0 ORDINANCE NO. 93-IDA-44 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: -41 "Ndrman L. Malon Mayor ATTEST: S' Sue Lenes, City Secretary APPROVED: Knox W. Askins, City Attorney ORDINANCE NO. 93-IDA-48 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CBSL TRANSPORTATION SERVICES, INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section I. CBSL TRANSPORTATION SERVICES, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. • • ORDINANCE NO. 93-IDA-48 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: Ndrman L. Malo , Mayor ATTEST: Sue Lene , City Secretary APPROYTRB; r Knox W. Askins, City Attorney 0 0 7 0 • ORDINANCE NO. 94- 1961 AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND ABRAMS SCOTT & BICKLEY, L.L.P., FOR LEGAL SERVICES; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. 0 • ORDINANCE NO. 94- 1961 PAGE 2 Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE By: No an L. Malone Mayor ATTEST: Sue Lenes, City Secretary APP�RBVED Knox W. Askins, City Attorney M • 0 LEuAL SERVICES ENGAGEMENT LE't i'ER January 1, 1994 Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 604 W. Fairmont Parkway LaPorte, Texas 77571 Dear Mr. Herrera: Please accept this letter as a proposed agreement for professional services between Abrams Scott & Bickley, L.L.P. (the "Firm"), and the City of LaPorte, Texas ("City"). Upon execution, this letter will confirm the engagement of the Firm to represent the City as special counsel on designated litigation matters brought by or against the City, other than litigation in which the City's self-insurance plan or other direct insurance provides for the payment of defense costs. (the "Representation Matters"). The Firm is pleased to be provided the opportunity to represent the City on all such matters in which the City specifi- cally requests our assistance. The Firm will not represent the City in any matter unless our engagement is first requested in writing and confirmed in writing by the Firm and the Firm shall only be obligated to perform such services upon such written confirmation. I will be principally responsible for the Representation Matters on which the City retains the Firm and will be assisted from time to time by others in the firm. Method of Determining Fees As a professional courtesy to the City, we have agreed to perform our work for the City on litigation matters on a discounted basis; that is, the City will be charged our customary hourly rate for attorneys and staff whose rates are less than $105 per hour and will be charged the greater of $105 per hour or 85% of our customary billing rate for any attorneys with rates greater than $105 per hour. The fees will be computed principally on the basis of the time expended, at the hourly rates fixed from time to time for the lawyers, paralegals or law clerks rendering the services. The Firm shall also consider in the determination of the fees for our services such factors as the time expended, the unusual value of certain services, the issuance of formal opinions, and the emergency nature of the work performed and the consequent necessity that the work of other clients be deferred or other engagements declined. Periodic billings may be rendered entirely on a time basis with adjustments for other factors reflected in later billings. Hourly rates are subject to increase at the beginning of the Firm's fiscal year or otherwise upon its prior notification to City. Attached as Exhibit "Xis a schedule listing the current hourly rates of the Firm lawyers and legal assistants most likely to work on matters for the City at this time. January 1, 1994 Page 2 Schedule of Billing and Payments The City agrees to pay for services rendered and expenses incurred within 30 days after the dates of statements for such fees and expenses. Amounts unpaid after 90 days shall bear interest until paid at the rate of 10% per annum. It is contemplated that statements will be rendered on a monthly basis in order to avoid undue enlargement of the account, although statements may be rendered less frequently. The statements of the Firm are relatively self-explanatory, in that they describe generally the work done from time to time and the relevant dates. The Firm and the City agree that it is at all times the Firms intent under this agreement to charge the City a reasonable fee for the professional services rendered. While the statements rendered by the Firm are intended to be self-explanatory in their description of the work performed, the City has the right to request such additional information it reasonably deems necessary to confirm the reasonableness of the Firm's fees. The City and the Firm further agree that in the unlikely event they are unable to resolve any dispute that may arise over the reasonableness of a fee, they shall submit any such dispute to binding resolution by the Houston Bar Association Attorneys Fee Dispute Committee. The Firm has not required a deposit in connection with this engagement, but reserves the right to request one. Should the Firm request a deposit, it will be held in the trust account of the Firm and, in its sole discretion, applied to the City's last billing or any unpaid account. Payment of this deposit would not be a substitute for current payment of invoices; the deposit, if required, would merely be security for the payment obligation. If the deposit is required, interest will not be paid thereon. Cash Outlays The City authorizes the Firm to retain and agrees to pay the fees or charges of every other person or entity engaged by the Firm to perform services related to the Representa- tion Matters. Such other persons and entities may include, for example, court reporters, appraisers, real estate agents, escrow agents, accountants, investigators, expert witnesses, title examiners and surveyors. The City authorizes the Firm, in our discretion, to direct such other persons and companies to render statements for services rendered and expenses advanced either directly to City or to the Firm, in which latter event the City agrees promptly to reimburse the Firm for the full payment of such statements. 0 '0 January 1, 1994 Page 3 The City acknowledges that the Firm may incur various expenses in providing services to the City. The City agrees to reimburse the Firm for all out-of-pocket expenses paid by the Firm, or for special services incurred on behalf of the City or, if the City is billed directly for these expenses, to make prompt, direct payments to the originators of the bills. Such expenses include, but are not limited to, charges for serving and filing papers, courier or messenger services, recording and certifying documents, depositions, transcripts, investiga- tions, witnesses, long-distance communication, copying materials, overtime secretarial and clerical assistance, travel and food expenses, postage, word processing charges and computer research charges. The Firm agrees that it shall confer with the City before incurring material expense items on the City's behalf in connection with the retention of, for example, independent professionals such as appraisers, real estate agents, escrow agents, accountants, investigators, expert witnesses, title examiners, surveyors and the like. More routine expense items, such as court reporter charges, charges for serving and filing papers, courier of messenger expenses, costs of recording and certifying documents, depositions, transcripts, long-distance communications, copying charges, overtime secretarial and clerical assistance, travel and food expenses, postage, word processing charges and computer research charges and the like will not require prior approval, although the City will have the opportunity to verify the reasonableness of all such charges prior to payment. Termination of Representation The Firm reserves the right to withdraw from the Representation Matters at any time with or without cause, including without limitation any time fees or expenses are unpaid for more than 60 days from the date of invoice, or for any other reason permitted under Texas law or by the rules of the courts of the State of Texas, and the City reserves the right to terminate the representation at any time, with or without cause. Notice of termination by either party shall be given in writing to the other party. In the event of such termination, the City agrees to promptly pay the Firm for all services rendered by the Firm and all other fees, charges and expenses incurred pursuant to this Agreement prior to the date of such termination. Upon termination of the representation for any reason, by either the Firm or the City, the Firm agrees to cooperate with any successor counsel to accommodate a smooth transition of the representation. January 1, 1994 Page 4 Effort and Outcome The Firm agrees to use all reasonable care in representing the City in the Representation Matters. However, the City acknowledges that the Firm has given no assurances regarding the outcome of the Representation Matters. The Firm agrees to assert a diligent effort to assure that the City is reasonably informed as to the status of the Representation Matters and as to the courses of action which are being followed or recommended by the Firm. All of the Firm's work product will be owned by the Firm. The Firm agrees to provide the City with periodic written status reports regarding the Representation Matters undertaken from time to time. The frequency and content of such reports shall be determined jointly by the City and the Firm, but it is contemplated that such reporting shall include the following: (a) A preliminary report within thirty days of retention setting forth: (i) Plaintiffs claims and the elements of those claims; (ii) The types of damages recoverable for each claim; (iii) Any potential sources of indemnification or contribution; (iv) A recommended trial strategy and identifying the discovery that appears appropriate; and (v) An estimate of defense expenses. (b) A liability exposure report within one hundred twenty days of retention, setting forth: (i) A summary of the material facts; A discussion of the legal issues presented; An analysis of plaintiffs claim, applying the facts to the applicable law; (iv) Our assessment of the potential damage exposure in the case, including actual damages, court costs, and attorneys fees; January 1, 1994 Page 5 (v) Our assessment of the probability of an adverse award and the probable range of recovery, based upon the investigation and discovery done to date; and (vi) Our recommendation regarding future discovery and strategy. (c) A pretrial report approximately one month before trial, setting forth a supplement to the liability exposure report that includes: (i) A summary of plaintiffs medical records, if applicable; A summary of plaintiff's claimed monetary damages; (iii) A brief discussion of the facts and legal issues in dispute; (iv) A list of the witnesses the City intends to call at trial along with a brief summary of their anticipated testimony; (v) A list of the witnesses that the plaintiff is expected to call at trial and a brief summary of their anticipated testimony; (vi) The special issues that it is anticipated that the jury will be asked to answer; (vii) Possible problems in the presentation of the City's case, including missing witnesses or evidentiary problems; (viii) An assessment of the probability of an adverse award and the range of probable recovery; (ix) A settlement recommendation and, when appropriate, a request for settlement authority. In some instances, a court -required pretrial order will contain most of the information set out above and a copy of that order along with a supplementa- ry report containing the remaining information sought will suffice. January 1, 1994 Page 6 During the course of our representation we will provide the City Attorney, the Human Resources Director and any other representative you designate with copies of all important pleadings or correspondence that we prepare on behalf of the City and will continue to keep you advised of any new developments. If you prefer that we follow some other reporting format, please let me know and we will be happy to do so. If the foregoing is acceptable to the City, please execute the enclosed copy of this letter in the space indicated to confirm the employment of the Firm and indicate your agreement with the terms set out above, and return it to the Firm for our files. We appreciate the City's confidence in allowing us to be of service. If you have any questions or if we can be of any additional assistance at this time, please do not hesitate to contact us. We look forward to working with you. Very truly yours, ABRAMS SCOTT & BICKLEY, L.L.P. M.0 AGREED TO AND APPROVED: C= OF IA PORTE, TEXAS By: T. WIlUXI -- Name: Robert T. Herrera Title: City Manager Date: 1 - VL - 9 y 0 EXMBIT "A" ABRAMS SCOTT & BICKLEY'S PERSONNEL SERVING THE CITY OF LA PORTE Attorney Barry Abrams Robert P. Scott Susan L. Bickley Ramon G. Viada,IH Legal Assistants Julie Ibarra Christie Vaclavik Citv Rate as of 1/1/94 $191.25/hour $170.00/hour $148.75/hour $105.00/hour $65.00/hour $65.00/hour U • • REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: -January 12 1994 Requested By: Bobby L. Powell Department: Police IV Report X Resolution Ordinance Exhibits: Resolution SUMMARY & RECOMMENDATION The Police Department is requesting permission to continue the Grant through HGAC for the K-4 DARE Program in LPISD. We are asking for a Resolution from Council to participate in the grant for the year 1994-95. Before the Grant can be turned in for review, we must forward a resolution approved by Council to participate in the grant. House Bill 16.540 provides for funding for Juvenile Justice And Delinquency Prevention Act. We are only requesting personnel cost for this year which will be on a 60-40% basis. Subsequental years 4-5 will be shared 40/60 and 20/80 basis. The cost for the year 1994-95 are listed: CJD CITY Personnel $25,429 $16,953 Indirect 1,062 Subtotal $26,491 $16,953 Total Grant Request $43,444 Action Required by Council: Approve Resolution as submitted ALTERNATIVE: Rewrite Resolution for approval Availability of Funds: X General Fund Water/Wastewater Capital Improvement General Revenue Sharing Other (None required) Account Number: 001-502-508-101 Funds Available: _ YES _ NO **Funds will be requested in 1994-95 Budget. Approved for City Council Agenda Robert T. Herrera DATE City Manager �ESOLUTION NO. 94 - 01 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, AUTHORIZING THE SUBMISSION OF A GRANT REQUEST TO THE GOVERNOR'S CRIMINAL JUSTICE DIVISION FOR FUNDING TO THE CITY OF LA PORTE, TEXAS, FOR A PROGRAM KNOWN AS JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT. WHEREAS, THE CITY COUNCIL OF THE CITY OF La Porte, Texas, have the moral obligation to the citizens and taxpayers of the City of La Porte, Texas, to ensure a drug free living, working and learning environment in the most efficient and coordinated way possible; and WHEREAS, the Council is aware that there are limited funds available to operate drug abuse and awareness education programs; and WHEREAS, the Council feels that the Drug Abuse Resistance Education Program that has been established in the La Porte Independent School District is a viable, workable and desirable way to further out goal of a drug -free community and will enhance the DARE PROGRAM now in place in the City of La Porte, Texas, for all children and adults alike; and WHEREAS, the Council believes that an expansion of the DARE program to grades K-4 has enhanced and improved the effectiveness of the DARE program; and WHEREAS, the opportunity exists to fund an expansion of the DARE program in our community through the Office of the Governor of the State of Texas, Criminal Justice Division; NOW, THEREFORE BE IT RESOLVED, by the Council of the City of La Porte, Texas, that the city submit a grant request to the Office of the Governor of Texas, Criminal Justice Division, to assist in the funding for the expansion of the DARE program. PASSED AND APPROVED, this loth day of January ,1994. County of Harris Texas M y r ATTEST: s" City Secretary • LA PORTE POLICE DEPARTMENT INTEROFFICE MEMO TO: Mr. Bob Herrera, City Manager FROM: Bobby L. Powell, Chief of Police/f SUBJECT: Kindergarten-4th DARE Expansion Grant DATE: January 5, 1994 The Police Department is requesting permission to continue the Grant through HGAC for the K-4 DARE Program in LPISD. We are asking for a Resolution from Council to participate in the grant for the year 1994-95. Before the Grant can be turned in for review, we must forward a resolution approved by Council to participate in the grant. House Bill 16.540 provides for funding for Juvenile Justice And Delinquency Prevention Act. We are only requesting personnel cost for this year which will be on a 60-40o basis. Subsequental years 4-5 will be shared 40/60 and 20/80 basis. The cost for the year 1994-95 are listed: CJD CITY Personnel $25,429 $16,953 Indirect 1,062 Subtotal $26,491 $16,953 Total Grant Request $43,444 We are requesting your support in our endeavor. BLP/web 0 0 HoustonGalveston Area Council Office of the Executive Director PO Box 22777 • 3555 Timmons • Houston, Texas 77227-2777 • 713/627-3200 January 4, 1994 Hon. Norman Malone Mayor, City of La Porte P O Box 1115 La Porte, TX 77572-1115 Dear lone: I am writing regarding designation of your city's representatives to H-GAC's 1994 General Assembly and Board of Directors. H-GAC's Bylaws authorize each member city with a population of at least 25,000 but not in excess of 99,999 according to the last preceding Federal Census (1990) to select one member of its governing body as its representative and one member of its governing body as an alternate to the Houston -Galveston Area Council General Assembly. H-GAC's Bylaws also stipulate that your Board of Directors representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the General Assembly representative will also be designated to serve on H-GAC's Board of Directors. I have enclosed the appropriate form for your convenience. The 1994 designated representatives begin their terms of office at the Annual Meeting in late January. If more information concerning General Assembly and Board of Directors membership would be useful, please contact me or Cynthia Marquez of the staff. Thanks for your help in selecting H-GAC's 1994 General Assembly and Board of Directors. Sincerely, Jack Steele JS:Jp Enclosure xc: City Secretary RESOLUTION 94-02 DESIGNATION OF REPRESENTATIVES HOUSTON-GALVESTON AREA COUNCIL GENERAL ASSEMBLY AND BOARD OF DIRECTORS BE IT RESOLVED, by the City Council of La Porte, Texas that the following be, and they are hereby, designated as the representative and alternate of the General Assembly of the Houston - Galveston Area Council for the year 1994: REPRESENTATIVE G u y Sutherland ALTERNATE Edward G. "Jerry" Clarke FURTHER THAT, they are hereby, designated as the representative and alternate to the Board of Directors of the Houston -Galveston Area Council for the year 1994. THAT, the Executive Director of the Houston -Galveston Area Council be notified of the designation of the hereinabove named delegate and alternate. PASSED AND ADOPTED, this the 10 th day of January , 1994. APP OVED: Mayor r City of La Porte Estahlished 1892 January 11, 1994 Mr. Jack Steele Houston -Galveston Area Council P.O. Box 22777 Houston, Texas 77227-2777 Re: Representatives to H-GAC's 1994 General Assembly and Board of Directors Enclosed please find a certified copy of Resolution 94-02, passed and approved by the City Council of the City of La Porte, January 10, 1994. This resolution designates Guy Sutherland as representative and Edward G. "Jerry" Clarke, as alternate representative to Houston -Galveston Area Council for 1994. We appreciate the opportunity for the City of La Porte to serve on H-GAC's Board of Directors. If you need any additional information or if I can be of further assistance please contact me at 713-471-5020, extension 221. Sincerely, Sue Lenes, City Secretary P.O. Box 1115 • L i Porrtc, Tcvi, 77572-1 1 15 • (71 3) 471-���Z�� 0 la REOTARST FOR CITY COUNCIL AGEND TEM Agenda Date Requested: January 10. 1994 Requested By: S. Gillett Department: Public Works Zk�_ XXXX Report Resolution Ordinance Exhibits: Bid Tabulation and Bidders List SUMMARY & RECOMMENDATION Sealed bid #0560 was opened and read on December 20, 1993. The bid was for the replacement and new purchase of various vehicles, as follows. UNIT DESCRIPTION 1. Police Vehicles 2. Full size sedan 3. 1/2 ton trucks w/ac 4. 1/2 ton trucks 5. 3/4 ton truck w/work body 6. 3/4 ton truck w/dog body NUMBER DIVISION 5 units Police 1 unit Parks 4 units Various 3 units Parks/Meter 1 unit Parks 1 unit Police UNIT LOW LOW BID BIDDER $13,429.00 Knapp 12,631.88 Les Marks 10,648.00 AC Collins 9,963.00 AC Collins 15,929.00 Knapp 22,329.00 Knapp One vehicle each in item 1 and 4 above represent non -replacement vehicles, and are budgeted for in capital outlay in the divisional budget. One vehicle in item 4 is an unscheduled replacement of a vehicle that was scheduled for next year. Estimated repair cost due to major engine problems is in excess of $1,500. It is recommended for replacement rather than expend the funds to keep the vehicle for another year. Adequate funds are available in the Motor Pool Replacement Fund, and the various divisional budgets for the purchase. s Action Required by Council: Award Items 1, 5 and 6 to Knapp Chevrolet in the amount of $105,403.00; Item 2 to Les Marks Chevrolet in the amount of $12,631.00; and items 3 and 4 to A.C. Collins Ford in the amount of $72,481.00. Availability of Funds: XXXX General Fund Water/Wastewater Capital Improvement General Revenue Sharing XXXX Other - Motor Pool Account Number: Various Funds Available: XX YES NO Approved for City Council Agenda 6?.4,* T, U"." ^_Je - Robert T. Herrera DATE City Manager BID TABULATION - VEHICLES 1. POLICE PATROL(5) $13,429.00 $13,637.0.5 I $13,521.00 $13,824.00 $14,216.23 NO BID NO BID 2. FULL SIZE CAR(1) $12,729.00 1 $14,255.05 I $12,882.00 I $12,836.00 $12,631.88 $15,367.10 NO BID 13. 1/2TON-SPVSR(4) j $10,929.00 1 $11,265.65 I $10,937.00 , W,648.09 I $12,065.73 I $11,229.31 I $11,412.10 14. 1/2TON-CREW(3) 1 $10,129.00 1 $10,579.50 $10,896.00 $9,963.00 1.$11,336.4 � $10,487.71 $10,484.76 �5. 314--SERV 13ODY(1) I $16,929.00 $16,201.85 $16,896.00� $16,599.00 NO BID I I $16,193.19 $16,463.20 6. 314-ANML CTRL 1 $22 329.00 $23,175.10 $23 825.00 $23,047.00 NO BID NO BID $22,868.20 BIDDER'S LIST SEALED BID #0571 - VEHICLES RON CRAFT CHEVROLET 3401 NORTH MAIN BAYTOWN, TX 77521 LES MARKS CHEVROLET P.O. BOX 1119 LA PORTE, TX 77572 JOE CAMP FORD 621 HWY 146 SOUTH LA PORTE, TX 77571 JACK ROACH - FORD 2727 SOUTHWEST FREEWAY HOUSTON, TX 77098 MCREE FORD INC. P.O. BOX 577 DICKINSON, TX 77539 COURTESY CHEVROLET GEO 7777 KATY FREEWAY HOUSTON, TX 77024 KNAPP CHEVROLET P.O. BOX 4179 HOUSTON, TX 77210 DEERSKIN MANUFACTURING CO. P.O. BOX 127 SPRINGTOWN, TX 76082 GULF FREEWAY PONTIAC - GMC 11205 GULF FREEWAY HOUSTON, TX 77034 BOB PAGAN FORD 7626 BROADWAY GALVESTON, TX 77553 TIMMERS CHEVROLET 816 W. PASADENA FWY PASADENA, TX 77506 BAILEY FORD 4701 I-10 EAST BAYTOWN, TX 77521 CHARLIE THOMAS FORD P.O. BOX 266407 HOUSTON, TX 77207 BAYOU CITY FORD 3625 EASTEX FREEWAY HOUSTON, TX 77226 A.C. COLLINS FORD 1831 SOUTH RICHEY PASADENA, TX 77502