HomeMy WebLinkAbout1998-09-28 Regular Meeting and Public Hearing
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MINUTES OF THE REGULAR MEETING
AND PUBUC HEARING OF LA PORTE CITY COUNCIL
SEPTEMBER 28, 1998
1. CALL TO ORDER
The meeting Was called to order by Mayor Norman L. Malone at 6:00 p.m.
Members of City Council Present: Mayor Norman L. Malone, Councilpersons Guy
Sutherland, Chuck Engelken, Peter Griffiths, Alton Porter, Deotis Gay, Charlie Young
and Jerry Clarke
Members of Council Absent: Councilman Howard Ebow
Members of City Executive Staff and City EmDloyees Present: City Manager Robert
T. Herrera, Assistant City Manager John Joerns, Assistant City ManagerlFinance
Director Jeff Litchfield, City Attorney Knox Askins, City Secretary Martha Gillett,
City Manager's Secretary Carol Buttler, Director of Administrative Services Louis
Rigby, Chief of Police Bobby Powell and Assistant Chief of Police Aaron Corrales.
Others Present: Spero Pomonis, Bill Scott, Mr. and Mrs. Griffiths, Kenny Mercado,
David Plourde and a number of La Porte Citizens.
2. The Invocation was delivered by Reverend Alan Neel of the Life Community Church.
3. Council considered approving the minutes of the Regular Meeting and Public Hearings
on September 14, 1998.
Motion was made by Councilperson Engelken to BP>>rove the minutes of September 14.
1998 meeting as presented. Second by Councilperson Griffiths. The motion carried.
Ayes: Sutherland, Engelken, Griffiths, Gay, and Mayor Malone
Nays: None
Abstain: Porter, Young and Clarke
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
TAX PAYERS WISlDNG TO ADDRESS COUNCIL
Bill Scott, 1802 Lomax School Rd., La Porte, Texas 77571, Mr. Scott presented the
Council with a handout Regarding the proposed Fairmont Parkway Road expansion.
Mr. Scott advised Council he is still opposed to this expansion.
s. Council considered approving an Ordinance to amend the Code of Ordinances by
adding Article V Guidelines and Criteria Governing Tax Abatement Agreements,
adding Sections 66-140 through 66-142 inclusive; authorizing consideration of an
application for designation of the "PPG Industries Reinvestment Zone" - (Ordinance
#98..2279 - Previously tabled at 9-14-98 Meeting)
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City Council Meeting 9.28.98 - Pap 2
City Manager Robert T. Herrera presented summary and recommendation and
answered Council's questions.
Councilman Sutherland requested that on page 6, Section 66-143, section a that some
wording be changed so the City Council shall hold a public hearing.
City Attorney read: ORDINANCE 98-2279 - AN ORDINANCE AMENDING THE
CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADDING ARTICLE V
GUIDELINES AND CRITERIA GOVERNING TAX ABATEMENT AGREEMENTS
BY THE CITY OF LA PORTE, ADDING SECTIONS 66-140 THROUGH 66-152
INCLUSIVE; AUTHORIZING CONSIDERATION OF AN APPLICATION FOR
DESIGNATION OF TIlE "PPG INDUSTRIES REINVESTMENT ZONE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF
Motion was made by Councilperson Sutherland to llP"prove the Ordinance with changes
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as read by the City Attorney. Seconded by Council person Porter. The motion carried
unanimously.
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke
and Mayor Malone
Nays: None
6. Public Hearing - Council' considered approval of Designation of the PPG Industries
Reinvestment Zone.
Open Public Hearing - Mayor opened the Public Hearing at 6:20 P.M.
Review by Staff - City Manager Robert T. Herrera presented summary and introduced
Mr. Ron Evans of PPG that present some of the phases information to Council and
answered Council's questions.
Public Input - There were no citizens wishing to speak: to Council on this matter.
Recommendation of Staff' - City Manager Robert T. Herrera recommends that we
create a reinvestment zone for the City of La Porte following the guidelines that were
adopted in this agenda item number 5.
Close Public Hearing - Mayor Malone closed the Public Hearing at 6:25 P.M.
7. Council considered approving and Ordinance authorizing the designation of the PPG
Industries Reinvestment Zone; Making findings of fact; Authorizing the Execution of a
Tax Abatement Agreement with PPG Industries, Inc.
City Attorney read: ORDINANCE 98-2284 - AN ORDINANCE AUTHORIZING
THE DESIGNATION OF THE PPG INDUSTRIES REINVESTMENT ZONE;
MAKING FINDINGS OF FACT; AUTHORIZING THE EXECUTION OF A TAX
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City Couacil Meetiug 9-28-98 - Pap 3
ABATEMENT AGREEMENT WITH PPG INDUSTRIFS, INC.; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF
Motion was made by Councilperson G~ to ~prove the Ordinance as read by the City
Attorney. Seconded by Councilperson Engelken. The motion carried unanimously.
Councilmen Porter and Gay praised the PPG company.
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke
and Mayor Malone
Nays: None
8. Council considered approving an Ordinance authorizing an agreement between the City
of La Porte and HTE, Inc, of Orlando, Florida, to Provide Police and Court Software
Applications; Appropriating $302,017.00 to fund said contract.
Director of Administrative Services Louis Rigby presented summary and
recommendation aDd answered Council's questions. Mr. Rigby introduced Mr. David
Plourde of HTE, Inc. that present information concerning the HTE software to Council
and answered Council's questions.
City Attorney read: ORDINANCE 98-2285 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND
HTE, INC., OF ORLANDO, FLORIDA, TO PROVIDE POLICE AND MUNICIPAL
COURT SOFlW ARE APPLICATIONS; APPROPRIATING $302,017.00, TO FUND
SAID CONTRACT; 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 Sutherland to ap.,prove the Ordinance as read by the
City Attorney. Second by Council person Engelken. The motion carried unanimously.
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Gay, Young, Clarke
and Mayor Malone
Nays: None
9. Council considered approving an Ordinance authorizing an agreement between the City
of La Porte and the City of Morgan's Point, for Emergency 911 Dispatch and Jail
Service, Fire Protection and Emergency Ambulance Service.
Assistant City ManagerlDirector of Finance Jeff Litchfield presented summary and
recommendation and addressed Council's questions.
City Attorney read: ORDINANCE 98-2286 - AN ORDINANCE APPROVING AND
AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND
THE CITY OF MORGAN'S POINT, FOR EMERGENCY 911 DISPATCH AND
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City Council MeetiaJ 9.28.98 - Page 4
JAIL SERVICE, FIRE PROTECTION, AND EMERGENCY AMBULANCE
SERVICE; 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 Clarke to approve the Ordinance as read by the
City Attorn~y. Second by Council person Gay. The motion carried.
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Gay, Young, Clarke and
Mayor Malone
Nays: Councilman Porter
10. Council considered appointing a voting delegate and an alternate voting delegate to
National League of Cities Annual Congress of Business
City Manager Robert T. Herrera presented summary and recommendation and
addressed Council's questions.
Motion was made by Councilperson Sutherland to appoint Councilman Gay as the
Votine: Dele,ate for the City of La Porte to the National League of Cities Annual
Congress of Cities. Second by Councilperson Engelken. The motion carried.
Motion was made by Councilperson Sutherland to appoint Councilman Clarke as the
Alternate Votine: Delegate for the City of La Porte to the National League of Cities
Annual Congress of Cities. Second by Councilperson Engelken. The motion carried.
Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter Gay, Young, Clarke and
Mayor Malone
Nays: None
11. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
A. Tropical Storm Frances Report
B. La Porte Area Water Authority Bond Rating Visits
12. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Griffiths, Porter, Gay , Young, Clarke and
Mayor Malone brought items to Council's attention.
EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN
MEETINGS LAW, CllAFfER 551.071 THROUGH 551.076, AND 551.084,
TEXAS GOVERNMENT CODE, - (CONSULTATION WITH
AtTORNEY, DELIBERATION REGARDING REAL PROPERTY,
DELmERATION REGARDING PROSPECTIVE GIFf OR DONATION,
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City Council Meetillg 9.28.98 - Page S
PERSONNELMA'lTERS, CONFERENCE WITII EMPWYEES
DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A
WITNESS DURING EXAMINATION OF ANOTIIER WITNESS IN AN
INVESTIGATION) .
A. 551-074 (pERSONNEL MATTER)
RECEIVE REPORT FROM CITY MANAGER ON PERSONNEL MATfER
Council retired into an Executive Session at 7:04 p.m. under Section 551.074
(personnel Matter).
Council returned to the table at 8:23, with no action taken.
CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED
IN EXECUTIVE SESSION
There was no action taken in the Executive Session.
ADJOURNMENT
There being no further business to come before Council, the Regular Meeting and
Public Hearing was duly adjourned at 8:24 p.m.
Respectfully submitted,
VfYl~Dv Q .. Ail.JIJL
Martha A. Gillett
City Secretary
Passed and approved on this 12th day of October, 1998.
/UfJ11tAA/1JL~
Norman L. Malone, Mayor
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"EQUE~T FOR CITY COUNCIL AGENIITEM
AGENDA DATE Seotember 28. 1998
REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; .lQL ORDINANCE; , Attachments
The City of La Porte has been approached by PPG regarding the creation of a reinvestment zone
on land near the comer of Fairmont Parkway and Sixteenth Street, utilizing a portion of PPG's
existing plant site. The creation of the zone is necessary for them to enter into a tax abatement
agreement with Harris County. The City has created zones such as this in the past.
In conjunction with their request for the reinvestment zone, PPG also asked the City to consider
providing tax abatement to their project. City staff reviewed this request very closely because we
normally do not provide abatement for projects within our City limits. Because of the magnitude of
the project, we believe abatement might be warranted and have proceeded in that direction.
The project as proposed by PPG, is for a pharmaceutical unit. to be built in three stages, which,
when completed, is estimated to add $55 million in taxable value to the tax roll. The project will also
add 57 permanent full time jobs.
After reviewing several alternatives, and taking into consideration the City and County have to work
together in providing abatement in a reinvestment zone, we have arrived at a concept where the City
would provide abatement of 50% of the value of the project for a specific seven year period. In
addition, to assist the County in their abatement, we have further limited the abatement amount to
$750,000 per job created. Since this concept is intended to apply to major improvements, we have
also added a floor of $21 million. So in other words, we are proposing the City offer PPG a tax
abatement on their project, for a seven year period (from January 2000 to December 2006) for the
value of the additions to their property, as long as the additions exceed $21,000,000, and are further
limited to a maximum of $42,750,000.
A projection of the amount of the improvements, the total City taxes and the amount of those taxes
abated is shown in an attachment labeled "Potential Abatement Ramifications for PPG Project".
There have been questions as to how this abatement compares to the abatement we offer industry
located in our Industrial Districts. The agreement we are offering PPG is 0% abatement on their
current facility. 0% abatement on Construction in Progress and 50% abatement on new construction.
The abatement we offer industry in our Industrial District is 47% on the current facility, 100%
abatement on Construction in Progress and 70% on new construction. A look at the impact of these
different types of abatement is found in an attachment labeled "Comparison of Abatement Types".
Staff is recommending the City COl,Jncil approve the offer of a reinvestment zone to PPG and that
the City participate with certain constraints, including no abatement for the first year, 50% abatement
for the next seven years, and a minimum and maximum eligible value of $21 million and
$42,750,000. If Council is in agreement with this approach, the first step they need to take is to
approve this ordinance establishing guidelines and criteria governing tax abatement agreements.
ACTION REQUIRED BY COUNCIL:
Approve ordinance establishing Guidelines and Criteria Governing Tax Abatement Agreements.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
COUNCIL AGENDA
"Il.
ERA, CITY MANAGER
't1Z,f/q B
DATE
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Potential Abatement Ramifications for PPG Project
The numbers shown belQw are for illustration purposes only. The actual amounts of value that
will be on line each year are unknown. I have selected numbers that are realistic enough that a
decision based on those l1umber is prudent.
Year Project Value Full Taxes Taxes Abated Tax City Receives
1999 5,000,000 $ 35,500 $ 0 $ 35,500
2000 30,000,000 213,000 106,500 106,500
2001 35,000,000 248,500 124,250 124,250
2002 35,000,000 248,500 124,250 124,250
2003 45,000,000 319,500 151,762 167,738
2004 45,000,000 319,500 151,762 167,738
2005 55,000,000 390,500 151,762 238,738
2006 55,000,000 390,500 151,762 238,738
Totals $ 2,165,500 $ 962,048 $ 1,203,452
Assumptions:
1. No abatement is being offered the for the first year since the project is under construction.
2 The minimum value for abatement is $21,000,000. Once the $21,000,000 is reached, the
entire amount, including the base $21,000,000 is included in the abatement calculation.
3. The maximum amount of the abatement is set /11t $42,750,000. This limit is set in order to
assist Harris County in the adoption of their abatement, which is limited to $750,000 per
full time job created. This project is set to add 57 full time jobs.
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Comparison of Abatement Types
This page was prepared to provide a comparison of several taxing scenarios over a multiple year
period. The calculations represent the amount of taxes or in lieu of taxes that would be provided
under each of the scenarios. They are not intended to be interpreted as options recommended
by City staff.
Scenario 1 - This scenario represents the amount of ad valorem tax that is currently paid by PPG
on their property in La Porte
Scenario 2 - This scenario represents the amount of in-lieu of tax that would be paid by PPG on
their current property IF it was located in one of our Industrial Districts.
Scenario 3 - This scenario represents the amount of ad valorem tax that would be paid by PPG
on their currerit property and the proposed $55 million expansion if the City offered them NO
abatement.
Scenario 4 - This scenario represents the amount of ad valorem tax that would be paid by PPG
on their current property and the proposed $55 million expansion if the City offers the 50%
abatement that staff is proposing. .
Scenario 5 - This scenario represents the amount of in lieu of tax that would be paid by PPG on
their current property and the proposed $55 million expansion IF it was located in one of our
Industrial Districts. .
Year Scenario 1 Scenario 2 Scenario 3 Scenario 4 Scenario 5
1998 238,976 126,657 238,976 238,976 126,657
1999 238,976 126,657 274,476 274,476 126,657
2000 238,976 126,657 451,976 345,476 190,557
2001 238,976 126,657 487,476 363,226 201,207
2002 238,976 126,657 487,476 363,226 201,207
2003 238,976 126,657 558,476 406,714 222,507
2004 238,976 126,657 558,476 406,714 222,507
2005 238,976 126,657 629,476 477,714 243,807
2006 .238.976 . 126.657 629.4 76 477.714 243.807
Totals 2,150,784 1,139,913 4,316,284 3,354,236 1,778,916
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ORDINANCE NO. 98-2279
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE BY ADDING ARTICLE V GUIDELINES AND CRITERIA GOVERNING TAX
ABATEMENT AGREEMENTS BY THE CITY OF LA PORTE, ADDIRG SECTXORS 66-
140 THROUGH 66-152 XNCLUSXVE; AUTHORXZXRG CORSXDERATXON OF AN
APPLXCATXON FOR DESIGNATION OF THE "PPG INDUSTRIES REINVESTMENT
ZONE"; 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 City Council of the City of La Porte hereby
amends the Code of Ordinances of the City of La Porte by adding
Article V. "Guidelines and criteria Governing Tax Abatement
Agreements by the City of La Porte", and adding Sections 66-140
through 66-152 inclusive, as follows, to-wit:
ARTICLE V. GUIDELIRES AND CRITERIA
GOVERNING TAX ABATEMENT AGREEMENTS
Sec. 66-140. Reinvestment zones.
(a) Tax abatement shall only be allowed in a reinvestment
zone.
(b) Reinvestment zones in the city for this purpose will be
considered for designation by city council upon the recommendation
of the director. The city council may approve the creation of
these reinvestment zones on a zone-by-zone basis after a public
hearing before the, city council. Following the public hearing the
city council may consider the ordinance creating a new reinvestment
zone in the proposed area.
(c) The city council may not adopt an ordinance designating a
reinvestment zorie until it has held a public hearing at which
interested persons.are entitled to speak and present evidence for
or against, the designation. Notice of the hearing shall be given
at least Seven days prior to the hearing. The presiding officers
of eligible jurisdictions shall be notified in writing at least
seven days pri~r to the hearing.
A notice of the public hearing shall be given to other
affected taxing jurisdictions, published in the legal classified
section of the local daily newspaper having general circulation,
and posted in other places as deemed appropriate, including notice
to civic associations in the area surrounding the proposed zone, at
least seven days prior to the hearing. The notice shall contain
the location, time, and place of the public hearing and a
description of the proposed boundaries of the reinvestment zone.
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(d) The designation of such a zone by ordinance shall
constitute an affirmative finding by the city council that the
improvements sought to be constructed or repairs to be made within
the zone are feasible and practical and would be of benefit to the
land to be included within a zone and to the city.
(e) In determining whether an area qualifies as a reinvestment
zone for the property tax abatement program, the city council shall
use anyone or more of the following criteria as guidelines:
(1) The area substantially impairs or arrests the sound
growth of the city; retards the provision of housing
accommodations, or constitutes an economic or social
liability and is a menace to the public health, safety,
morals, or welfare in its present condition and use by
reasons of the presence of substantial number of
substandard, slum, deteriorated, or deteriorating
structures, predominance of defective or inadequate
sidewalks or street layout; faulty lot layout in relation
to size, accessibility, or usefulness, unsanitary or
unsafe conditions; deterioration of site or. other
improvements; tax or special assessment delinquency
exceeds the fair value of the land; defective or unusual
conditions of title; the existence of conditions that
endanger life or property by fire or other cause; or any
combination of these factors or conditions.
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(2) The area is predominantly open and, because of obsolete
platting or deterioration of structures or site
improvements or other factors, substantially impairs or
arrests the sound growth of the city.
(3) The area has been designated a local or state-federal
enterprise zone under the Texas Enterprise Zone Act.
(4) The area is located wholly within an eligible blighted
area, as identified from time to time by city council.
(5) There has been a demonstration of community interest and
there is evidence that substantial number of owners of
taxable real property in the reinvestment zone will
participate in such a program.
(6) Be reasonably likely as a result of the designation to
contribute to the retention or expansion of primary
employment or to attract major investment in the zone
that would be a benefit to the property and that would
contribute to the economic development of the city.
(f) The goals and objectives expressed above and the standards
and restrictions expressed in Chapter 312 of the Texas Tax Code, as
amended, are not exhausti ve and shall be supplemented by such
further and additional goals, obj ecti ves, rules,. standards and
restrictions as the city council may from time to time impose.
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(g) The designation of a reinvestment zone hereunder shall
expire five years after the date of its designation and may be
renewed for periods not to exceed five years. The expiration of a
designation, however, shall not affect existing agreements entered
into pursuant to section 66-145 or section 66-146 of this chapter.
Sec. 66-141. Definitions.
For the purpose of this article, the following words and terms
shall have the meanings respectively ascribed:
Abatement means the full or partial exemption from ad valorem
taxes of certain real and/or personal property in a reinvestment
zone designated for economic development purposes.
Agreement means a contractual agreement between a property
owner and/or lessee and an eligible jurisdiction for the purpose of
tax abatement.
Base year value means the assessed value of eligible property
January 1, preceding the execution of the agreement plus the agreed
upon value of eligible property improvements made after January 1,
but before the execution of the agreement.
Competitively-sited project means a project where the
applicant has studied competing locations for expansion,
relocation, or new operations to evaluate operating cost
differentials and incentives available.
Contract employee means a person who is not an employee of the
abatement recipient, but who does work for the abatement recipient
in the reinvestment zone on a contract basis, either on a full or
part-time basis.
Deferred maintenance means improvements necessary for
continued operations which do not improve productivity or alter the
process technology.
Director means the director of the ci ty I S department of
finance.
Economic life means the number of years a property improvement
is expected to be in service in a facility.
Eligible jurisdiction means any county, municipality, school
district or college district, that levies ad valorem taxes upon and
provides services to property located within the proposed or
existing reinvestment zone.
Expansion means the addition of buildings, structures, fixed
machinery or equipment for purposes of increasing production
capacity.
Facili ty means property improvements completed or in the
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process of construction which together comprise an integral whole.
Full time equivalent job means a job that is equal to 1,750
hours of work annually performed in the reinvestment zone by
contract employees or part-time employees.
Manufacturing facility means buildings and structures,
including fixed machinery and equipment, the primary purpose of
which is or will be the manufacture of tangible goods or materials
or the processing of such goods or materials by physical or
chemical change.
Modernization means the replacement and upgrading of existing
facilities which increases the productive input or output, updates
the technology or substantially lowers the unit cost of the
operation. Modernization may result from the construction,
alteration, or installation of buildings, structures, or fixed
machinery or equipment. It shall not be for the purpose of
reconditioning, refurbishing, or repairing to meet local, state, or
federal regulations.
New facili ty means improvements on a property previously
undeveloped which is placed into service by means other than or in
conjunction with expansion or modernization.
other basic industry facility means buildings' and structures,
including fixed machinery and equipment not elsewhere described,
used or to be used for the production of products or services which
primarily serve a market outside the Houston Consolidated
Metropolitan statistical Area and resulting in the creation of new
permanent jobs and additional investment.
Part-time employee means a person who works for, and is an
employee of, the abatement recipient in the reinvestment zone, but
is not a permanent employee. '
Permanent emp~oyee means a person who works for, and is an
employee of, the abatement recipient and works a minimum of 35
hours in a seven-day period, .and reports to work .in the
reinvestment zone. A permanent employee does not include a
contract employee, seasonal employee, or part-time employee.
Regional distribution center facili ty means buildings or
structures, including fixed machinery and equipment, used or to be
used primarily to receive, store, service or distribute goods or
materials owned by the facility operator where a majority of the
goods or services are distributed to points at least 100 miles from
any part of Harris County, unless there is no facility in Harris
County that recei ves, services, or distributes such goods and
services to businesses and residents of Harris County.
Regional entertainment facility means buildings and
structures, including fixed machinery and equipment, used or to be
used to provide entertainment through the admission of the general
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pUblic where the majority of users reside at least 100 miles from
any part of Harris County, unless there is no facility providing
the same or similar entertainment in Harris County.
Regional service facili ty means buildings and structures,
including fixed machinery and equipment, used or to be used to
service goods where a majority of the goods being serviced
originate at least 100 miles from any part of Harris County, unless
there is no facility in Harris County where businesses and
residents of the county can obtain such service.
Research and development facility means buildings and
structures, including machinery and equipment, used or to be used
primarily for research or experimentation to improve or develop
current technology in bio-medicine, electronics or pre-commercial
emerging industries.
Research facility means buildings and structures, including
fixed machinery and equipment, used or to be used primarily for
research or experimentation to improve or develop the production
processes thereto.
Sec. 66-142. Application.
Ca) Any present or potential owner of taxable property in the
city may request tax abatement by filing a written request with the
city manager or the city manager's designee.
(b) The application shall consist of a completed application
form accompanied by: a general description of the new improvements
to be undertaken; a descriptive list of the improvements for which
abatement is requested; a list of the kind, number and' location of
all proposed improvements of the property; a map and legal
description of the property; a time schedule for undertaking and
completing the proposed improvements. The application shall also
include a certification of the current number of permanent, part-
time and contract employees of the applicant, by category, at the
time of the application, and information regarding the project's
competitive siting. In the event the project is to be located in
a leased facility, the applicant shall provide with the application
the name and address of the lessor and, if executed, a copy of the
lease. In the case of modernization, the application shall include
a statement of the assessed value of the existing facility for the
tax year immediately preceding the application year, separately
stated for real and personal property. The application form may
require such financial and other information as the ci ty deems
appropriate for evaluating the financial capacity and other factors
of the applicant..
Cc) Uppn receipt of the completed application, the director
shall notify in writing and provide a copy of the application to
the presiding officer of the governing body of each eligible
jurisdiction.
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(d) After receipt of an application for abatement, the city
shall prepare a cost/ benefit impact analysis setting out the
impact of the proposed tax abatement. The cost/ benefit impact
analysis shall include but not be limited to an estimate of the
economic effect of the abatement of taxes and the benefit to the
city and the property to be included in the zone, and any other
pertinent measures of the project's overall impact on the city's
revenue stream both during and after the abatement period.
(e) The city shall not enter into an abatement agreement if it
finds that the request for the abatement was filed after the
commencement of construction, alteration, or installation of
improvements related to a proposed modernization, expansion or new
facility. An applicant is ineligible for abatement if a decision
to commence a modernization, expansion or new facility in the city
has been formally announced on or before an application for
abatement has been filed with the city.
(f) Variance: Requests for a variance from the prov1s1on of
subsections (a), (b), (e), (g), (h) and (j) of section 66-144 shall
be made in writing to the director; provided however, the total
duration of an abatement authorized in section 66-144 shall in no
instance exceed ten years and the total duration of an abatement
authorized under section 66-146 or section 66-147 shall in no
instance exceed five years. Such request shall include a complete
description of the circumstances explaining why the applicant
should be granted a variance and how the grant of abatement will
lead to the creation or retention of job opportunities and new
investment in the zone. Approval of a request for variance
requires a majority vote of the city council members present.
Sec. 66-143. Public hearing and approval.
(a) Prior to entering into a tax abatement agreement the city
council may, at its option, hold a public hearing at which
interested persons shall be entitled to speak and present written
materials for or against the approval of the tax abatement
agreement.
(1) Notice of the public hearing shall be published in a
local daily newspaper of general circulation not later
than the seventh day before the date of the hearing.
Notice of the public hearing may be given, posted or
published in other places or by other means as the
director deems appropriate, including giving notice to
civic associations in the area surrounding the proposed
zone.
(2) Reserved.
(b) In order to enter into a tax abatement agreement, the city
council must find that the terms of the proposed agreement met
these guidelines and criteria and that:
(1) There will be no substantial potential adverse impact on
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the provision of city services or tax base; and
(2) The planned use of the property will not constitute a
'hazard to public safety, health, or morals.
Sec. 66-144. Economic development abatement authorized.
(a) Authorized facility. A facility may be eligible for
economic development abatement if it is a: manufacturing facility,
regional distribution facility, regional service facility, regional
entertainment facility, research facility, research and development
facility or other. basic industry facility.
(b) Creation of new value. Abatement may only be granted for
the additional value of eligible property improvements made
subsequent to and listed in an abatement agreement between the city
and the property owner and lessee (if required), subject to such
limitations as the city council may require.
(c) New and existing facilities. Abatement may be granted for
new facilities or the expansion of existing facilities.
Improvements to existing facilities for purposes of modernization
may receive abatement if proven to be essential to the entity's
economic survival.
(d) Eligible property. Abatement may be extended to the value
of buildings, structures, fixed machinery and equipment, site
improvements, plus that office space and related fixed improvements
necessary to the operation and administration of the facility, or
tangible personal property when in conjunction with leased
facilitieS.
(e) Ineligible property. The following types of property shall
be ineligible for abatement: land; inventory; supplies; tools;
vehicles; vessels; aircraft; housing; hotel accommodations;
tangible personal property when not in conjunction with leased
facili ties; deferred maintenance investments; property to be rented
or leased except as provided in subsection (f); improvements for
the generation. or transmission of electrical energy not wholly
consumed by a new facility or expansion; any improvements,
including those to produce, store or distribute natural gas, fluids
or gases, that are not integral to the operation of the facility;
property owned or used by the State of Texas or its political
subdivisions or by an organization owned, operated or directed by
a political subdivision of the State of Texas; and property that is
owned or leased bya me~ber of city councilor by a member of the
city planning commission.
(f) OWned and leased facilities. If an authorized facility
located on leased real property is granted abatement, the abatement
agreement shall be executed by the city, the lessor and the lessee.
If the real property is leased from a municipal corporation, the
municipality shall not be required to execute the agreement in its
capacity as a lessor.
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(g) Value and term of the abatement. Abatement shall be
granted effective upon the January 1 valuation date immediately
following the effective date of the Agreement. Projects (other
than modernization) which meet these guidelines and criteria are
eligible for abatement on the value of the new property on a
sliding scale as follows:
Year abated
Percentage of
value abated
1, including construction
2, including construction
3 - 8
0%
50%
50%
Provided, however that no abatement shall be given in the year
when the facility fails to meet the employment minimum set forth in
section 66-144 (h) (4) except where the jurisdiction has determined
that employment falls below minimum, due to accident , casualty,
fire, explosion, or natural disaster.
If the period of construction exceeds two years, the facility
shall be considered complete for purposes of abatement and in no
case shall the period of abatement inclusive of construction and
completion exceed eight years.
If a modernization project includes facility replacement, the
value' upon which abatement shall be determined shall be the value
of the new unites) less the value of ~he old unites).
Modernization projects are eligible for abatement according to the
above formula with the exception that abatement shall not exceed 50
percent in any year."
(h) Economic qualifications. Except as provided in sections
66-144(i) and (j) below, to be eligible for tax abatement, the
planned improvement:
(1) Should provide an economic benefit to the city, taking
all relevant factors into consideration, including (i)
size of the abatement, (ii) income from sales tax and
franchise fees generated by the planned improvement, and
(iii) any additional expense to the city in providing
city services as a result of the improvement; and
(2) Must be necessary because capaci ty cannot be provided
efficiently utilizing existing' improved property when
reasonable allowance is made for necessary improvements;
and
(3) Must be reasonably expected to increase the value of the
property in the amount of $21,000,000.00 upon completion
of construction, and
(4) Must be expected to prevent the loss of permanent
employment, retain or create permanent employment for at
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least 25 people on a permanent basis in the in the
designated zone, provided that this employment
qualification, shall take effect three years after the
effective date of abatement and continue through the
remaining term of the agreement; or
(5) An abatement may be granted for a maximum investment of
$750,000.00 per job created or retained.
(i) Economic qualifications. If the property is located in an
area designated as an enterprise zone pursuant to the Texas
Enterprise Zone Act, as amended (Article 5190-7, Vernon's Texas
Civil statutes) and the city has not created a reinvestment zone,
which includes property described under the provision of section
66-144 or 66-146 of this chapter, in order to be eligible for tax
abatement the planned improvement:
(1) Must be reasonably expected to increase the value of the
property by a m1n1mum amount of $500,000.00 upon
completion of construction;
(2) Must be expected to create additional permanent
employment for at least five people on a permanent basis
who are residents of the enterprise zone or who are
economically disadvantaged as that term is defined in the
Texas Enterprise Zone Act;
(3) Must not be expected to solely or primarily have the
effect of transferring employment from one part of the
city to another;
( 4) .Must be necessary because capacity cannot be provided
efficiently utilizing existing improved property when
reasonable allowance is made for necessary improvements;
and
(5) Must be made by an entity operating an authorized
facility that meets the criteria established for a
qualified business under the Texas Enterprise Z~ne Act.
(j) Research and development projects. If the planned
improvement is for a research and development facility, in order to
be eligible for tax abatement the planned improvement:
(1) Must be reasonably expected to increase the value of the
property by a minimum amount of $500,000.00 upon the
completion of construction; and
(2) Must be expected to create permanent employment for at
least five people on a permanent basis in the designated
zone, provided that this employment qualification shall
take effect two years after the effective date of
abatement and continue through the term of the agreement.
The abatement period shall not exceed five years from the
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effective date of abatement and the percentage of value
to be abated shall be 100 percent throughout the
abatement period.
(k)Taxability. From the date of execution of the abatement
agreement to the end of the abatement period, taxes shall be
payable as follows:
(1) The value of ineligible property as provided in section
66-144(e) shall be fully taxable;
(2) The base year value of existing eligible property as
determined each year shall be fully taxable; and
(3) The additional value of new eligible property shall be
taxable in the manner described in section 66-144(g),
except as provided in sections 66-144 (h) (5) and (j)(2)
above.
(1) Environmental qualification. In determining whether to
grant a tax abatement, consideration will be given to compliance
with all state and federal laws designed to protect human health,
welfare and the environment ("environmental laws") that are
applicable to all facilities in the state of Texas owned or
operated by the owner of the facility, its parent, subsidiaries
and, if a joint venture or partnership, every member of the joint
venture or partnerShip ("applicants"). Consideration may also be
given to complianc~ with environmental laws by applicants at other
facilities within the United states"
Sec. 66-145. Agreement for economic development abatement.
After approval, the city shall enter into an agreement with
the owner of the facility and lessee (as required), which agreement
shall include:
(1) Estimated value to be abated and the base year value;
(2) Percent of value to be abated each year as provided in
this article;
(3) The commencement date and the termination dated of
abatement;
(4) The proposed use of the facility; nature of construction,
time schedule, map, property description and improvement
list as provided in this article;
(5) Contractual obligations in the event of default,
violation of terms or conditions, d~linquent taxes,
recapture, administration, and assignment as provided in
this article and other provisions that may be required
for uniformity or by state law;
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(6) Amount of investment and total permanent employees to be
retained or created and total full-time equivalent jobs
to be retained or created; and
(7) A requirement that the company, on or before February 1
of each year the tax abatement agreement is in effect,
provide the director a sworn statement that includes a
delineation of the number of permanent employees,
contract employees and part-time employees of the
applicant company as of the immediately preceding January
1, who report to work in the reinvestment zone at each
site covered by the agreement.
(8) A requirement that the company annually file the form
11.28 with the appropriate county appraisal district to
qualify for the abatement.
(9) A provision that contract employees and part-time
employees may be used to comply with the company's
contractual obligation to create/retain jobs on a
full-time equivalency basis for any number of jobs;
provided that full-time equivalents shall only be
used to satisfy the company's contractual
obligation if the company maintains a minimum of 50
permanent employees who work on the project within
the reinvestment zone."
(10) A requirement that property in a reinvestment zone that
is owned or leased by a member of the city councilor by
a me~ber of the city planning commission is excluded from
tax abatement.
Sec. 66-146. Redevelopment tax abatement authorized.
(a) Creation. A property tax abatement program is hereby
created to be administered in accordance with Chapter 312 of the
Texas Tax Code, as amended from time to time.
(b) Definitions. For purposes of this section and section 66-
147, the following words and terms shall have the meanings
respectively ascribed:
Department shall mean the department of finance and
administration of the city.
Revi talization strategy shall mean a plan prepared by the
department to guide in the development of a designated reinvestment
zone for the purpose of creating a viable and cohesive area in
which to live and work. The revitalization strategy shall take
into consideration input from interested individuals, civic
associations and business groups from the proposed reinvestment
zone.
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Owner of taxable real property shall mean the person,
corporation, company or other entity responsible for paying
property taxes on certain property or an interest therein including
a leasehold interest or interests.
Sec. 66-147. Agreement for redevelopment property tax abatement.
(a) Upon designation of a reinvestment zone, the city shall
enter into property tax abatement agreements with interested owners
of taxable real property located within the reinvestment zone. Upon
the city's execution of an agreement hereunder, the base year value
shall be determined. The agreement shall be conditioned on the
owner of the property making certain improvement or repairs to the
property ~s certified by the director as being consistent with the
revitalization strategy.
(b) In addition, the agreement shall be conditioned on those
improvements or repairs being completed within two years of the
date of the agreement. The tax abatement allowed under these
agreements shall be 100 percent of the increase above the certified
appraised value of the building or buildings or the portion of the
building or buildings used for commercial or industrial purposes.
The agreement shall provide that property tax abatement shall begin
on January of the year following the completion of the improvements
or repairs contemplated by the agreement. The maximum duration of
tax abatements approved under sections 66-146 and 66-147 shall not
exceed five years.
(c) Property in a reinvestment zone that is owned or leased by
a member of the city councilor by a member of the city planning
commission is excluded from property tax abatement.
(d) The city may enter into a property tax abatement agreement
with the interested owners of taxable real property for
improvement~ or repairs completed before the city's approval of the
tax abatement agreement if:
(1) The applicant has complied with the requirements of
Section 66-142; and
(2) The applicant provides evidence of good cause as to why
the city should grant tax abatements for improvements or
repairs completed before the city's approval of the tax
abatement agreement; and
(3) The agreement is consistent with the requirements of
subsections (a) through (c) above, except as provided in
paragraph (2) of this subsection.
Notwithstanding any other provision of this section, for tax
abatement agreements approved under this subsection (d), city
council shall determine the year that property tax abatement shall
begin.
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Sec. 66-148. Recapture.
(a) In the event that the facility is completed and begins
producing the product or service delineated in the agreement, but
subsequently discontinues producing the product or service for any
reason excepting fire, explosion, or other casualty or accident or
natural disaster for a period of one year during the abatement
period, then the agreement shall be terminated and the abatement of
taxes for the calendar year during which the facility no longer
produces the product or service also shall be terminated. The
taxes otherwise abated for the calendar year in which the facility
discontinued production or services specif ied in the agreement
shall be paid to the city within 60 days from the date of the
termination of the agreement.
(b) Should the city determine that the company or individual
is in default according to the terms and conditions of the
agreement, the city shall notify the company or individual in
writing at the address stated in the agreement, and if such
condition of default is not cured within the 60 days from the date
of such notice ("cure period"), then the agreement may be
terminated.
(c) The company or individual shall be in default of the
agreement in the event the company or individual:
(1) Allows i'ts ad valorem taxes owed the city to become
delinquent and fails to timely and properly follow the
legal procedures for their protest and/or contest; or
(2) violates any of the terms and conditions of the abatement
agreement and 'fails to cure during the cure period;
In the event of default, the agreement may be terminated and
upon the termination all or a pro rata portion of the taxes '
previously abated by virtue of the agreement shall be recaptured
and paid wi thin 60 days of the termination. The pro rata recapture
of abated taxes shall be based on the number of years that the
company was out of compliance and the degree to which the company
was out of compliance, with equal weight being given 'to job
creation and investment.-
(d) In the event the company defaults on any of the terms and
conditions of the agreement, the company shall notify the city
within 90 days of such default.
(e) Notwithstanding the foregoing, the director and the city
attorney are hereby authorized to negotiate and recommend to the
city council amendments .to tax abatement agreements subject to
termination under this section in lieu of termination.
Sec. 66-149. Administration.
(a) The chief appraiser of the county appraisal district shall
annually determine the value of the real and personal property
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comprising the reinvestment zone. Each year, the company or
individual receiving abatement shall furnish the city with such
additional information applicable to the tax abatement as may be
necessary for the administration of the abatement. Once the value
of the real and person~l property has been established, the chief
appraiser shall notify the affected jurisdiction which levy taxes
of the amount of the assessment.
(b) The agreement shall stipulate that employees and/or
designated representatives of the city will have access to the
reinvestment zone during the term of the abatement to inspect the
facility and all company records related to the abatement agreement
and the project to determine if the company is in compliance with
the agreement. All inspections will be made only after the giving
of 24 hours notice and will only be conducted in such a manner as
to not unreasonably interfere with the construction and/or
operation of the facility. All inspections will be made with one
or more representati veS of the company or indi vidual and in
accordance with its safety standards.
(c) Upon completion of construction, the city shall annually
evaluate each facility receiving abatement to ensure compliance
with the agreement and report possible violations to the contract
and agreement.
Sec. 66-150. Assignment.
The abatement agreements may be assigned to a new owner or
lessee of the facility with the written consent of the city
council, which consent shall not be unreasonably withheld. Any
assignment shall provide' that the assignee shall irrevocably and
unconditionally assume all the duties and obligations of the
assignor upon the same terms and conditions as set out in the
agreement. Any assignment of a tax abatement agreement shall be to
an entity that contemplates the same improvements or repairs to the
property, except to the extent such improvements or repairs have
been completed. No assignment shall be approved if the assignor or
the assignee are indebted to the city for ad valorem taxes or other
obligations. .
Sec. 66-151. The adoption of the guidelines and criteria by
the City Council of the City of La Porte does not:
a) limit the discretion of the City Council of the City of
La Porte to decide wnether to enter into a specific tax
abatement agreement;
b) limit the discretion of the City Council of the City of
La Porte to delegate to its employees the authority to
determine whether or not the governing body should
consider. a particular application or request for tax
abatement; or
c) create any property, contract, or other legal right in
a~y person to have the City Council of the City of La
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Porte consider or grant a specific application or request
for tax abatement.
Sec. 66-152. The City Council of the City of La Porte hereby
establishes the policy of the City of La Porte, that tax abatement
agreement applications will not be accepted for areas within the
Battleground Industrial District and the Bayport Industrial
District of the City of La Porte. However, as to any portion of
such areas which are not within the corporate limits of the City of
La Porte, Harris County Commissioners Court may establish tax
abatement agreements for the benefit of itself, and taxing units
other than the City of La Porte having jurisdiction over said area.
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, Chapter 551, Texas Government
Code; 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.
section 3. This Resolution shall be effective from and after
its passage and approval.
PASSED AND APPROVED this 28th day of September, 1998.
By:
ATTEST:
_b.. a. )4AlJ1i{
Ma tha A. Gillett .
City Secretary
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'EQUEST FOR CITY COUNCIL AGENI'TEM
AGENDA DATE September 28. 1998 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; .lQL ORDINANCE;
The City Council of the City of La Porte, as a prerequisite for a Tax Reinvestment Zone, has just
considered the adoption of Guidel!nes and Criteria Governing Tax Abatement Agreements. If
that item passed, the next step in the process is to designate the "PPG Industries Reinvestment
Zone" and authorize the Tax Abatement Agreement with PPG Industries.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance Designating the "PPG Industries Reinvestment Zone" and authorizing the
Tax Abatement Agreement with PPG Industries.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
COUNCIL AG NDA
q/vtlYB
DATE -
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ORDINANCE NO. 98-2284
AN ORDINANCE AUTHORIZING THE DESIGNATION OF THE PPG IHDUSTRIES
REINVESTMENT zon; HAKING FIHDINGS OF FACT; AUTHORIZING THE
EXECUTION OF A TAX ABATEMENT AGREEMENT WITH PPG IHDUSTRIES, INC.;
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 City Council of the City of La Porte has
heretofore, on the 28th day of September, 1998, adopted Ordinance
No. 98-2279, an Ordinance establishing guidelines and criteria
governing tax abatement agreements by the City of La Porte. A
pUblic hearing was held before the City Council of the City of La
Porte on September 28, 1998, pursuant to notice as required by
Section 312.201, Texas Tax Code, which notice was published not
later than the 7th day before the date of the hearing in the
Bayshore SUn, a newspaper having general circulation in the City of
La Porte, a true and correct copy of said published notice being
attached hereto as Exhibit "A" and incorporated by reference
herein; and pursuant to notice delivered in writing not later than
the 7th day before the hearing, to the presiding officer of the La
Porte Independent School District; to the County Judge of Harris
County, Texas, presiding officer of the Harris County Commissioners
Court, on behalf of Harris County, the Harris County Flood Control
District, the Port of Houston Authority of Harris County, and the
Harris County Department of Education; and to the presiding officer
of the San Jacinto College District; being all of the taxing units
included in the proposed reinvestment zone. A copy of the notices
to the La Porte Independent School District and Harris County
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commissioners Court; and the San Jacinto College District, are
attached hereto as Exhibits "B", "C", and "0", respectively,
incorporated by reference herein, and made a part hereof for all
purposes.
section 2. The City Council of the City of La Porte, having
considered the evidence presented at such public hearing, and the
documents filed by PPG Industries, Inc., is of the opinion and
finds that the proposed reinvestment zone is within the corporate
limits of the City of La Porte, and meets all of the criteria to be
designated as a reinvestment zone, as provided in the Texas
Property Redevelopment and Tax Abatement Act, V.A.T.S. Tax Code,
Chapter 312, and that all conditions prerequisite to the
designation of. such reinvestment zone have been accomplished.
section 3. Specifically, and without limiting the generality
of the foregoing, the City council of the City of La Porte finds,
determines and declares that the subject property would be
reasonably likely as a result of the designation as a reinvestment
zone, to contribute to the retention or expansion of primary
employment or to attract major investments in the zone that would
be a benefit to the property and that would contribute to the
economic development of the City of La Porte. The City Council of
the City of La Por~e fu~ther finds, determines and declares that
the improvements sought are feasible and practical and would be a
benefit to the lanq to be included in the zone and to the City of
La Porte after the expiration of an agreement entered into under
Section 312.204, Texas Tax Code.
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section 4 .
Accordingly, there is hereby established and
designated a reinvestment zone in the City of La Porte to be known
as the PPG Industries Reinvestment Zone, legally described by metes
and bounds on Exhibit "E", and as more particularly shown on the
plat attached hereto as Exhibit "F", Proposed Reinvestment Zone,
reference to which is here made for all purposes.
section 5.
The City Council of the city of La Porte
authorizes and approves the execution of a tax abatement agreement
with PPG Industries, Inc., for abatement of City of La Porte ad
valorem taxes, in form attached hereto as Exhibit "G" incorporated
'by reference herein, and made a part hereof for all purposes. 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 6.
This Ordinance shall serve as notice of the
establishment of the PPG Industries Reinvestment Zone by the City
of La Porte, to every taxing uni t that includes inside its
boundaries property that is located within the boundaries of the
Zone, and the City Secretary is hereby directed to send certified
copies of this Ordinance to all such affected taxing units.
section 7.
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
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required by the Open Meetings Law, Chapter 551, Texas Government
Code; 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.
Section 8. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this ~9JI-- day of ~
, 1998.
CITY OF LA PORTE
BY:~14--1d:4
.or,man L. Mal ne
Mayor
ATTEST:
~~ 0.. ,)41Rl111
a tha A.Gillett
City Secretary
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PUBLISHERS AFFIDAVIT
~:.1>'~" ',., ... PUBLIC NOTICE: ;.
;!'Iptlce Is hereby given .that" a public
hearing will be held before the City Council
::of the' City of La Porte, City Hall, 604 West
Fairmont Parkway, La Porte, Texas,
. - beginning at li:OO 1 P.M. on Monday,
~ September 28, 1998, at which public
., h~aring interested person shall be entitled
I to speak and present evidence for or against
the .designation of PPG Industries
-Reinvestment Zone, pursuant to Chapttlr
312, Texas Tax Code, as amended. The legal
-Cfescription of the property to comprise'the
propose.d reinvestment zone is as follows,
. to-wit: .: .
~ .
-Being a'3.3 acre tract; a 1.13 acre; a 0.11
acre tract, and connecting strips of land, _
all out of the PPG 32.29 acre tract located _,
'between South 16th 'Street and the
Southem Pacific Railroad, and between West
j E~~ee,.and Fairmont ParkwaY. in the Town :
Jlbf La Porte, a subdivision in'Harris Countu, ~. .
,Texas, according to the map recorded i~ . i" : :!
..Volume 58 at Page 460, et seq, of the Harris ~.
lCo~ntY pe~d Records. . i..
I:;. ;,:~ ~~ ~d pr~erty is available fo; !.
. inspection Iii 'the City f?ecretary's office. .,
.
~I ...,,=,," r ....- ;" -'
'~t1":)~I'o;:.~"\:,,,7'
.r ;. Of . 'i"
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MARTHA A. GILLETT _
CitY Secretary
City of La Porte
:.1
'I - fi tJ ~ 18
EXHIBIT "A"
tit
tit
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN D. ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CERTIFIED. CIVIL TRIAL LAW
TEXAS SOARD OF' LEGAL SPECIALIZATION
september 15, 1998
CM/RRR #1 138 825 473
Mr. Bill Bentley, President
Board of Trustees
La Porte Independent School District
301 East Fairmont Parkway
La Porte, TX 77571
Dear Mr. Bentley:
~(Q)[F)W
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
Pursuant to Chapter 13, Texas Tax Code, enclosed is copy of notice
of public hearing on the designation of the PPG Industries
Reinvestment Zone.
KWA: sw
Enclosure
Yours very truly,
Knox W. Askins
City Attorney
City of La Porte
EXHIBIT "B"
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PUBLIC NOTICE
Notice is hereby given that a public hearing will be held before
the City Council of the City of La Porte, City Hall, 604 West
Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. on
Monday, September 28, 1998, at which public hearing interested
persons shall be entitled to speak and present evidence for or
against the designation of the PPG Industries Reinvestment Zone,
pursuant to Chapter 312, Texas Tax Code, as amended. The legal
description of the property to comprise the proposed reinvestment
zone is as follows, to-wit:
Being a 3.3 acre tract; a 1.13 acre; a 0.11 acre tract,
and connecting strips of land, all out of the PPG 32.29
acre tract located between South 16th Street and the
Southern Pacific Railroad, and between West "F" Street
and Fairmont Parkway, in the Town of La Porte, a
subdivision in Harris County, Texas, according to the map
recorded in V~lume'58 at Page 460, et seq, of the Harris
County Deed Records.
A plat of said property is available for inspection in the City
Secretary's office.
MARTHA A. GILLETT
City Secretary
City of La Porte
-
e
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE, TEXAS 77572-1218
KNOX W. ASKINS
JOHN ~ ARMSTRONG
CHARLES R. HUBER. JR.
BOARD CERTIFIED . CIVIL TRIAL LAW
TEXAS BOARD OF LEGAL SPECIALIZATION
September 15, 1998
CK/RRR #Z 138 825 472
Hon. Robert Eckels, County Judge
Harris County Administration Building
1001 Preston, suite 911
Houston, TX 77002
Dear Mr. Judge Eckels:
CQ;(Q)tpJ"if
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
Pursuant to Chapter 13, Texas Tax Code, enclosed is copy of notice
of public hearing on the designation of the PPG Industries
Reinvestment Zone.
Yours very truly,
Knox W. Askins
City Attorney
City of La Porte
KWA:sw
Enclosure
EXHIBIT "c"
e
e
~@~W
PUBLIC NOTICE
Notice is hereby given that a public hearing will be held before.
the City Council of the City of La Porte, City Hall, 604 West
Fairmont Parkway, La Porte, Texas, beginning at 6:00 P.M. on
Monday, September 28, 1998, at which public hearing interested
persons shall be entitled to speak and present evidence for or
against the designation of the PPG Industries Reinvestment Zone,
pursuant to Chapter 312, Texas Tax Code, as amended. The legal
description of the property to comprise the proposed reinvestment
zone is as follows, to-wit:
Being a 3.3 acre tract; a 1.13 acre; a 0.11 acre tract,
and connecting strips of land, all out of the PPG 32.29
acre tract located between South 16th Street and the
Southern Pacific Railroad, and between West uFu Street
and Fairmont Parkway, in the Town of La Porte, a
subdivision in Harris County', Texas, according to the map
recorded in Volume 58 at Page 460, et seq, of the Harris
County Deed Records.
A plat of said property is available for inspection in the City
Secretary's office.
MARTHA A. GILLETT
City Secretary
City of La Porte
tit e
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P.O. BOX 1218
LA PORTE. TEXAS 77572-1218
ct;(Q)[pW
KNOX W. ASKINS
.JOHN D. ARMSTRONG
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
CHARLES R. HUBER. .JR.
BOARD CERTIF'IED - CIVIL TRIAL LAW
TEXAS BOARD 0' LE'GA.L SPECIALIZATION
september 15, 1998
CM/RRR #Z 138 825 471
Dr. Ruede M. Wheeler, President
San Jacinto College District
Administration Building
8060 Spencer Highway
Pasadena, TX 77505
Dear Dr. Wheeler:
Pursuant to Chapter 13, Texas Tax Code, enclosed is copy of notice
of public hearing on the designation of the PPG Industries
Reinvestment Zone..
Yours very truly,
Knox W. Askins
City Attorney
City of La Porte
KWA: sw
Enclosure
EXHIBIT "D"
e
e
~@~~
PUBLIC NOTICE
Notice is hereby given that a public hearing will be held before
the city Council of the City of La Porte, City Hall, 604 West
Fairmont Parkway, La Porte, Texas, beginning at 6: 00 P.M. on
Monday, September 28, 1998, at which public hearing interested
persons shall be entitled to speak and present evidence for or
against the designation of the PPG Industries Reinvestment Zone,
pursuant to Chapter 312, Texas Tax Code, as amended. The legal
description of the property to comprise the proposed reinvestment
zone is as follows~ to-wit:
Being a 3.3 acre tract; a 1.13 acre; a 0.11 acre tract,
and connecting strips of land, all out of ~he PPG 32.29
acre. tract located between South 16th Street and the
Southern Pacific Railroad, and between West "F" Street
and Fairmont Parkway, in the Town of La Porte, a
subdivision in Harris County, Texas, according to the map
recorded in Volume 58 at Page 460, et seq, of the Harris
County Deed Records.
A plat of said property is available for inspection in the City
Secretary's office.
MARTHA A. GILLETT
City Secretary
City of La Porte
')0
e
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PPG INDU~TRIES, INC.
~
TAX ABATEMENT TRACT
Being a 5.48 acre tract (238,700 Sq. Ft.) out of the PPG 32.29
acre tract located between South 16th. Street and the Southern
Pacific Railroad. and between West "F" Street and Fairmont
Parkway, said 5.48 acre tract being more particularly
described as follows:
COMMENCING at the Southeast corner of the said PPG Industries,
Inc., 32.29 acre tract, said point being the point of
intersection of the West right-of-way line of South 16th.
Street with the North right-of-way line of Fairmont Parkway,
and being also the Southeast cotner of Block 896, Town of La
Porte, according to the map recorded in Vol. 58 at Page 460,
et seq, of the Harris County Deed Records;
Thence, South 86 degrees 56 minutes 49 seconds West,
coincident with the North right-of-way line of Fairmont
Parkway, a distance of 245 feet to the POINT OF BEGINNING of
this '5.48 acre tract;
Thence, continuing South 86 degrees 56 minutes 49 seconds
West, coincident with the North right-of-way line of Fairmont
Parkway, a distance of 216.92 feet to a point for corner, said
point being the most Southerly Southwest corner of the said
32.29 acre tract, and being also the Southeast corner of
Mathison Chemical Co. tract;
Thence, North 03. degrees 03 minutes 11 seconds West,
coincident with the East line of the Mathison Chemical Co.
tract, a distance of 404.05 feet to a point for corner, said
point being an interior corner of the said 32.29 acre tract;
Thence, South 86 degrees 56 minutes 46 seconds West,
coincident with a Southerly line of the said 32.29 acre tract
and a Northerly line of the Mathison tract, a distance of 120
feet to a point for corner;
Page 1 of 3
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Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 200 feet to a point for corner;
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 210 feet to a point for corner;
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 80 feet to a point for corner;
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 49.31 feet to a point for corner.
Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 721.81 feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 119.65 feet to a point for corner.
Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 130.00 feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 180.00 feet to a point for corner.
Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 131.82' feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 154.28 feet to a point for corner.
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 98.82 feet to a point for corner.
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 44.08 feet to a point for corner.
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 113.00 feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 64.08 feet to a point for corner.
Page 2 of 3
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Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 231.82 feet to a point for corner.
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 493.93 feet to a point for corner.
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 1,003.63 feet to a point for corner.
Thence, North 86 degrees 56 minutes 49 seconds East. a
distance of 57.61 feet to a point for corner in the toe of
slope of the Firewater Pond;
Thence. South 03 degrees 03 minutes 11 seconds East. a
distance of 524.05 feet to the POINT OF BEGINNING.
PREPARED FROM SURVEY OF 32.29 ACRE TRACT AND PLANT SITE PLAT
FURNISHED BY PPG INDUSTRIES, INC.. AND NOT SURVEYED ON THE
GROUND. BEARINGS ARE GRID BEARINGS BASED ON TEXAS STATE PLANE
COORDINATE SYSTEM. SOUTH CENTRAL ZONE.
:;d U~
H. Carlos Smith
Texas Registered Professional Land Surveyor No. 1228
Job No. 3201-98, September 19. 1998
Page 3 of 3
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VOL. 4697. PG. 335. H.C,D.Il,
II.C.C.r. No. 8487227
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STATE OF TEXAS {
{
COUNTY OF HARRIS {
TAX ABATEMENT AGREEMENT
PPG INDUSTRIES REINVESTMENT ZONE
This Tax Abatement Agreement (the "Agreement") is made and
entered into by and between the city of La Porte, Texas, a
municipal corporation (the "city"), and PPG Industries, Inc., a
Pennsylvania corporation, with a permit to do business in the State
of Texas, (the "Owner"), the owner of the real and personal
property located within the Zone (defined below).
WIT N E SSE T H:
WHEREAS, the creation and retention of job opportunities in
the City of La Porte is paramount to the City's continued economic
development; and
WHEREAS, the Owner desires to expand an existing manufacturing
facility, including a new pharmaceutical intermediate production
unit, a new isocyanate production unit, a thermal oxidizer for
pollution control, and supporting projects for the manufacturing of
advanced intermediate and active pharmaceutical ingredients,
specialty isocyanate chemicals and other specialty chemicals, with
an estimated building cost of at least Fifty Million and NO/100
Dollars ($50,000,000.00) and the owner has filed a written request
for tax abatement, dated July 17, 1998; and
WHEREAS, City Council, following a public hearing on the
subject, designated the Zone; and
WHEREAS, it is reasonably likely that this Agreement will
contribute to the retention, expansion and creation of primary
employment and will attract major investment in the Zone that would
be of benefit to property within the Zone and that would contribute
to the economic development of the City; and
WHEREAS, the City Council finds that the Improvements are
practical and are of benefit to the land within the Zone and to the
City; and'
WHEREAS, City Council finds that there will be no substantial
potential adverse effect on the provision of City services or on
the tax base caused by this Agreement; and
WHEREAS, the Owner represents that the facility will be
designed and constructed to meet all applicable federal, state, and
local environmental regulations, and that the construction and
operation of the facility will not result in environmental
degradation or hazard; and
EXHIBIT "G"
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WHEREAS, City Council finds that the planned use of the
Improvements, when constructed and operated in accordance with
applicable environmental standards, will not constitute a hazard
to public hea~th, safety, or morals; and
NOW, THEREFORE, the parties hereto, for and in consideration
of the premises and mutual promises stated herein, agree as
follows:
1. Definitions
The following capitalized terms shall have the meanings
assigned to them below, unless otherwise defined or the context
clearly requires otherwise.
"Abated Property" means the improvements to the Real Property
and fixed machinery, equipment and process units of the Owner
installed on the Real Property as more fully described in Section
3(b) below.
"Abatement Period" means that period which commences on the
first day of the Effective Date of Abatement and ends ~..~ years
thereafter. ~i~~r ~
"City" means the City of La Porte, Texas.
"Code of Ordinances" means the Code of Ordinances of the City
of La Porte, Texas, as amended.
"Department" means the City's Department of Finance or its
successor.
"Director" means the Director of Finance or the designee
thereof.
"Effective Date of Abatement" means January 1, 1999.
"HCAD" means the Harris County Appraisal District.
"Improvement" means the buildings or portions thereof and
other improvements, including fixed machinery, equipment and
process units, used for commercial or industrial purposes that are
erected or installed by the Owner on the Real Property after
October 1, 1998.
"Ordinance" means City of La Porte Ordinance No. 98-2279,
passed and approved September 28, 1998, which created the Zone.
"Owner" means PPG Industries, Inc., a Pennsylvania corporation
with a permit to do business in the State of Texas.
"Permanent Employee" means a person who works for, and is an
employee of the Owner and works a minimum of thirty-five (35) hours
in a seven day period, and reports to work in the Zone, excluding
any contract employee, seasonal employee, or part-time employee.
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"Personal Property" means Owner's furniture, fV~t:l....CD, TVL
computer equipment, radio equipment, mobile machinery,
miscellaneous machinery and equipment, supplies, inventory, work in
process, finished goods and raw materials, as described on Exhibit
"0", HCAD Account No. 0173299.
"Project" means the facility to be used by the Owner on the
Real Property as more fully described in Section 5(c) below.
"Real Property" means the real property of the Owner to be
improved, as more fully described in Section 3(a) below.
"Tax Code" means the Texas Property Tax Code, as amended.
"Zone" means PPG Industries Reinvestment Zone, which is more
particularly described on Exhibits "0" and "E" of the Ordinance.
2. Authorization
This Agreement is authorized by Article V, Sections 66-140
through 66-152, of the La Porte Code of Ordinances and by the
Ordinance.
3 . ProDertv
(a) The street address of the taxable real property to be
improved under this Agreement is 1901 Avenue "H" at South 16th
Street, La Porte, Texas. The Real Property is described more fully
on Exhibit "A" and Exhibit "B" attached hereto and made a part
hereof for all purposes.
(b) The street address of the Abated Property to be installed
under this Agreement is 1901 Avenue "H" at South 16th street, La
Porte, Texas. The Abated Property is described more fully on
Exhibit "c" attached hereto and made a part hereof for all
purposes.
(c) The HCAD tax account numbers of the Real Property and the
.Personal Property are as shown on Exhibit "0" attached hereto and
made a part hereof for all purposes.
4. ReDresentations and Warranties bv the owner
(a) The Owner represents that it owns the Real Property and
the Real Property is located within the boundaries of the Zone.
The Owner represents that it is authorized to execute this
Agreement and to complete the Improvements described in section 5
hereof and on Exhibit "c" attached hereto. The Owner represents
that as of January 1, 1998, the Real Property had an existing
incinerator and two storage sheds (all of which will be demolished
prior to the new construction). The owner represents and warrants
that construction of the Improvements described on Exhibit "C" will
begin 9n or after October 1, 1998, and that construction of the
Improvements will not have commenced on or before the effective
date of this Agreement. The Owner represents and warrants that
construction of the Improvements and the new machinery and
3
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equipment
listed on
advanced
specialty
to be installed shall be done according to the budget
Exhibit "C", for the purposes of the manufacturing of
intermediate and active pharmaceutical ingredients,
isocyanate chemicals and other specialty chemicals.
(b) The Owner represents that no interest in the Real or
Abated Property is held or leased by a member of the city Council
or a member of the City's Planning Commission.
(c) The Owner represents and warrants that the value of the
Abated Property will increase by at least Fifty Million and NO/100
Dollars ($50,000,000.00) by January 1 following the completion of
the Construction Period. The Owner shall render all Personal
Property to HCAD annually. The Owner represents and warrants that
the portion of Personal Property (excluding supplies, inventory,
work in process, finished goods and raw materials) shall be
rendered annually with HCAD at a value of at least Three Million,
One Hundred Sixty-five Thousand, Seven Hundred Sixty and NO/100
Dollars ($3,165,760.00).
(d) The Owner represents and warrants that it will retain
employment for one hundred nine (109) permanent employees, and will
create jobs for fifty-seven (57) new permanent employees, beginning
not later than three (3) years from the start of the Abatement
Period, and continuing through the term of this Agreement.
(e) The Owner represents and warrants that the Improvements
will not solely or primarily have the purpose of transferring
employment from one part of the City of La Porte to another.
(f) The Owner represents that the Improvements are necessary
because the existing facility does not have sufficient capacity
when reasonable allowance is made for necessary improvements,
together with the need for new facilities as hereinabove described.
(g) The Owner represents and warrants that it will construct
and operate the Project described on Exhibit "E" attached hereto
and incorporated by reference herein.
(h) The Owner represents and warrants that the facility will
be designed, constructed and operated in accordance wi th all
applicable federal, state, and local environmental regulations, and
City's Zoning Ordinance and other City Codes, and that the
construction and operation of the facility will not cause
environmental degradation or hazard to the Real Property or the
environs of the City of La Porte.
5. Terms of the Aqreement
(a) The Owner shall make the Improvements substantially in
conformity with t he descriptions, plans and specifications as
described on Exhibit "C".
(b) The Improvements shall be completed in accordance with
the provisions of Exhibit tIC" and the City of La Porte Code of
Ordinances. In case of any conflict, the Code of Ordinances shall
prevail.
4
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(c) Upon completion of the Improvements, the Owner shall use
the Improvements for the use specified in this paragraph during the
Abatement Period specified in section 6 hereof. However, the
Director may approve a change from the proposed use in writing, if
the Director determines that the change is consistent with Article
V, Sections 66-140 through 66-152, of the La Porte Code of
Ordinances, with Ordinance No. 98-2284 creating the PPG Industries
Reinvestment Zone, and with the City's general purpose of
encouraging development or redevelopment of the Zone during the
Abatement Period specified in Section 6 hereof. The proposed use
of the Abated Property (unless and until the Director approves a
change in use) is for the purposes described on Page 1 hereof.
(d) The Owner shall maintain the Improvements in good repair
and condition during the Abatement Period specified in Section 6
hereof.
(e) The Owner shall allow the city's employees access to the
Real and Abated Property for the purpose of inspecting the
Improvements to ensure that the Improvements were completed and
maintained in accordance with the terms of this Agreement. All
inspections will be made only after giving the Owner notice at
least twenty-four (24) hours in advance thereof, and will be
conducted in such manner as to not unreasonably interfere with the
construction and/or operation of the Project. All inspections will
be made with one (1) or more representatives of the Owner and in
accordance with the Owner's safety and security standards. The
above shall not act as a limitation on the city's ability to
perform any inspections or enter the affected property pursuant to
the Code of Ordinances, the Building Code, the Zoning Ordinance, or
otherwise.
(f) The Owner shall provide the city's employees access to
all records requested and necessary for the purpose of conducting
an audit of the Project to ensure compliance with this Agreement.
Any such audit, which is limited to a review of all documents
relating to verification of Owner's representations for the
Project, shall be made only after giving the Owner notice at least
seven (7) days in advance thereof, and will be conducted in such a
manner as to not unreasonably interfere with the operation of the
Project.
(g) The Owner shall not assign this Agreement without the
written approval of the City Council, which approval shall not be
unreasonably withheld.
(h) Not later than April 30th of each year during the
Abatement Period, the Owner shall submit to the Director and the
Chief Appraiser of HCAD a January 1st employee count for the
Project. The employee count submitted shall correspond to the
employment count reported in the Owner's "Employer's Quarterly
Report" to the Texas Workforce Commission. The employee count
submitted by the Owner shall be used to determine abatement
eligibility for that year and be subject to audit, pursuant to the
provisions of Section 66-144 of the La Porte Code of Ordinances.
The Owner, if requested by the Director, shall have an independent
5
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audit prepared of the employment\employee count documentation and
shall submit the audit to the Director for use in complying with
the requirements of this section. The Director shall certify to
the Chief Appraiser of HCAD whether the Owner is in compliance with
the employment requirements of this Agreement.
(i) The term of this Agreement begins on January 1, 1999, and
ends at the conclusion of the Abatement Period, and further covers
all items of Abated Property and replacements thereof placed or
installed at the Real Property during the construction period
(defined below).
(j) This Agreement may be amended at any time upon the mutual
consent of all parties.
(k) The Owner shall annually file with HCAD the form 11.28 to
qualify for abatement under this Agreement.
6. Tax Abatement
(a) Abatement on the Improvements specifically listed on
Exhibit "c" shall be permitted only for the value of new "eligible
property" (but such abatement on the Improvements shall not exceed
Forty-two Million, Seven Hundred Fifty Thousand and NO/100 Dollars
[$42,750,000.00] of the Improvements) constructed or added on or
after the effective date of this Agreement, as provided in the
Sections 66-144(b) and (d) of the La Porte Code of Ordinances,
subject to the limitations stated in Section 5 (h) above. In
addition, this exemption from taxation is specifically subject to
the rights of the holders of outstanding bonds of the city. This
abatement shall be granted effective January 1, 1999 (the
"Effective Date of Abatement"). The portion of the value of new
eligible Improvements subject to the abatement shall be determined
in accordance with the following schedule for a period of eight (8)
years from the Effective Date of Abatement (the "Abatement
Period"):
Year Abated
Percentage of Value Abated
Year One*
Year Two*
Years Three through Eight
0%
50%
50%
*Years One and Two are the "Construction Period".
If construction extends beyond the two-year Construction
Period, the improvements shall be considered completed for purposes
of abatement and, in no case, shall the Abatement Period, inclusive
of the Construction Period, exceed eight (8) years from the
Effective Date of Abatement.
(b) From the Effective Date of Abatement to the end of the
Abatement Period, taxes shall be payable as follows:
(1) The value of ineligible property as defined in Section
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66-144(e) of the La Porte Code of Ordinances shall be
fully taxable;
(2) The base year value 'of eligible property as defined in
Section 66-141 of the La Porte Code of Ordinances shall
be fully taxable;
(3) The additional value of the Improvements constructed on
or after January 1, 1998, but before the effective date
of this Agreement, shall be taxable in accordance with
Section 6(a) of this Agreement;
(4) The additional value of the Improvements constructed or
installed after the effective date of this Agreement, as
determined each year, shall be taxable in accordance with
Section 6(a) of this Agreement.
(5) Any equipment or machinery, described on Exhibit "c" and
installed in the Real Property pursuant to this
Agreement, that is removed from the Real Property for
longer than a temporary repair period shall be fully
taxable.
(c) The City shall enter into only one tax abatement
agreement for the Project described in this Agreement during the
existence of the Zone.
.7. Defaul~ and RecaD~ure
(a) This Agreement shall terminate in the event that the use
and operation of the Abated Property for the purpose specified in
Section 5(c) above is discontinued, for any reason excepting fire,
explosion, other casualty or accident, or natural disaster,
continuously for a period in excess of twelve (12) months during
the Abatement Period. The Owner shall not be entitled to the
abatement of taxes for any twelve (12) month period during which
the Abated Property is not used for the operation of the Project
within the Zone. The taxes abated during that twelve (12) month
period shall be paid by the Owner to the City within sixty (60)
days from the date of termination of this Agreement.
(b) This Agreement shall terminate if at any point during the
term of this Agreement, the assessed value of the Owner's Personal
Property (excluding supplies, work in process, finished goods, raw
materials and inventory) as rendered with HCAD falls below Three
Million, One Hundred Sixty-five Thousand, Seven Hundred sixty and
NO/100 Dollars ($3,165,760.00).
(c) The Owner shall be in default hereof in the event that:
(1) the Owner allows ad valorem taxes owed the City to become
delinquent and fails to timely and properly follow the
legal procedures for their protest and/ or contest; or
(2) the Owner has made any material representation which is
determined to be false or misleading in any respect; or
7
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(3) the Owner fails to timely file its annual rendition or
its annual application for tax abatement (the "form
11.28") with HCAD during the Abatement Period (taking
into account any extensions of applicable time periods
for such filings granted in accordance with the Tax Code")
or makes a materially false statement in either; or
(4) the Owner is in breach of any material warranty and fails
to cure within 60 days from the date notice is provided
thereof as described below (the Cure Period); or
(5) the Owner violates any of the terms and conditions of
this Agreement and fails to cure during the Cure Period.
(d) In the event of default by the Owner, the Owner shall
notify the City within 90 days of such default of the terms and
conditions of this Agreement.
(e) Should the City determine that the Owner is in default
according to the terms and conditions of this Agreement, the City
shall notify the Owner in writing by u.s. Mail, certified, return
receipt requested, at the addresses stated in this Agreement, and
if such default is not cured during the Cure Period, then this
Agreement may be terminated as to all parties and all taxes
previously abated by virtue of this Agreement, shall be recaptured
and paid by the Owner within sixty (60) days of the termination.
(f) In the event the Owner vacates the Real Property or
abandons and discontinues the use of the Abated Property beyond the
12-month period set forth in section 7(a) above (and other than for
the reasons set forth in Section 7(a)), then this Agreement may be
terminated as to all parties and all taxes abated during the
preceding calendar year on the Abated Property shall be recaptured,
and shall be paid by the Owner to the City within 60 days of the
termination of this Agreement.
(g) Notwithstanding the provisions of subsections 7(e) and
(f) above, in the event of default by Owner, the Director and City
Attorney may negotiate and recommend to the City Council amendments
to this Agreement in lieu of termination.
8. Administration
(a) For purposes of determining the amount of abatement
pursuant to this Agreement, the chief appraiser of HCAD shall
annually determine the assessed value of the Improvements listed on
Exhibit "C" hereof. Each year, the Owner shall furnish the city
with such information as may be necessary for calculating the
amount of abatement. Once the value of the Improvements has been
established and the amount of the abatement calculated, the chief
appraiser of HCAD shall notify the jurisdictions that levy taxes of
the amount of assessment.
(b) Upon completion of construction of the Improvements, the
Director shall annually evaluate each facility receiving abatement
to ensure compliance with this Agreement and prepare a report of
8
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any violations of this Agreement.
9. ComDliance with state and Local Regulations
Except as specifically provided herein, nothing in this
Agreement shall be construed to alter or affect the obligation of
the Owner to comply with any ordinance, rule or regulation of the
City, or the laws and regulations of the state of Texas and the
United states.
10. Heraer
The parties agree that this agreement contains all of the
terms and conditions of the understanding of the parties relating
to the subject matter hereof. All prior negotiations, discussions,
correspondence and preliminary understandings between the parties
and others relating hereto are superseded by this Agreement.
11. Notice
All notices shall be in writing and unless hand delivered,
shall be sent by U.s. Mail certified, return receipt requested.
If mailed, any notice or communication shall be deemed to be
received three (3) days after the date of deposit in the United
states Mail. Unless otherwise provided in this Agreement, all
notices shall be delivered to the following address:
'1'0 THE OWNER:
Tax Department
Attn: Manager Property Tax and Appraisal Services
PPG Industries, Inc.
1 PPG Place
Pittsburgh, PA 15272
'1'0 THE CITY:
Director, Department of Finance
City of La Porte
City Hall
P.O. Box 1115
La Porte, TX 77572
Each party may designate a different address by giving the
other party written notice ten (10) days in advance of such
designation.
12. Effective Date
The effective date of this Agreement is the date the Agreement
is authorized by Ordinance of the City Council of the City of La
Porte.
This Agreement has been executed by the parties in multiple
originals, each having full force and effect.
9
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PPG INDOSTRIES, INC.
By:
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Author1zed Officer
Thomas Von Lehman
Vice-President, Specialty Chemicals
ATTEST:
John A. Weihrich
anager
CITY OF LA PORTE
By: Gi~ 'T.. ~
C1ty Manager
A'l'TEST:
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TAX ABATEMENT TRACT
Being a 5.48 acre tract (238,700 Sq. Ft.) out of the PPG 32.29
acre tract located between South 16th. Street and the Southern
Pacific Railroad, and between West "F" Street and Fairmont
Parkway, said 5.48 acre tract being more particularly
described as follows:
COMMENCING at the Southeast corner of the said PPG Industries,
Inc., 32.29 acre tract, said point being the point of
intersection of the West right-of-way line of South 16th.
Street with the North right-of-way line of Fairmont Parkway,
and being also the Southeast corner of Block 896, Town of La
Porte, according to the map recorded in Vol. 58 at Page 460,
et seq, of the Harris County Deed Records;
Thence, South 86 degrees 56 minutes 49 seconds West,
coincident with the North right-of-way line of Fairmont
Parkway, a distance of 245 feet to the POINT OF BEGINNING of
this 5.48 acre tract;
Thence, continuing South 86 degrees 56 minutes 49 seconds
West. coincident with the North right-of-way line of Fairmont
Parkway, a distance of 216.92 feet to a point for corner, said
point being the most Southerly Southwest corner of the said
32.29 acre tract, and being also the Southeast corner of
Mathison Chemical Co. tract;
Thence, North 03 degrees 03 minutes 11 seconds West,
coincident with the East line of the Mathison Chemical Co.
tract, a distance of 404.05 feet to a point for corner, said
point being an interior corner of the said 32.29 acre tract;
Thence, South 86 degrees 56 minutes 46 seconds West,
coincident with a Southerly line of the said 32.29 acre tract
and a Northerly line of the Mathison tract, a distance of 120
feet to a point for corner;
Page 1 of 3
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Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 200 feet to a point for corner;
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 210 feet to a point for corner;
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 80 feet to a point for corner;
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 49.31 feet to a point for corner.
Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 721.81 feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 119.65 feet to a point for corner.
Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 130.00 feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 180.00 feet to a point for corner.
Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 131.82' feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 154.28 feet to a point for corner.
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 98.82 feet to a point for corner.
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 44.08 feet to a point for corner.
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 113.00 feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 64.08 feet to a point for corner.
Page 2 of 3
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Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 231.82 feet to a point for corner.
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 493.93 feet to a point for corner.
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 1,003.63 feet to a point for corner.
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 57.61 feet to a point for corner in the toe of
slope of the Firewater Pond;
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 524.05 feet to the POINT OF BEGINNING.
PREPARED FROM SURVEY OF 32.29 ACRE TRACT AND PLANT SITE PLAT
FURNISHED BY PPG INDUSTRIES, INC., AND NOT SURVEYED ON THE
GROUND. BEARINGS ARE GRID BEARINGS BASED ON TEXAS STATE PLANE
COORDINATE SYSTEM, SOUTH CENTRAL ZONE.
;dU~
H. Carlos Smith
Texas Registered professional Land Surveyor No. 1228
Job No. 3201-98, September 19, 1998
Page 3 of 3
00
SEP-13-1998 22:03
SEP 14
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Exhibit "e"
PPG Indaltries.lllc.
Tax Abatemellt AereemeDt
Project DescrlptlOIl & Economic Data
I. PhArmaccutlcal Vail:
Direct Cost.:
Process Equipmmt
PrOC~11 Equipnurllt In.~callation
Process Bmldinl
. Warehouse, Office" C1ectrical Building
Site Development. Tank FInD % InfraltnlclUre
Pipe bcJc: &: lntcrconnccring Services
ppe Direct Cost
57.600.000
$9,'OO,OUO
$',700.000
$1,100,000
52,000.000
51,100,000
52.500,000
ladirlct COils:
EagiDccriul &: Design
Conunissionin& " ValidatioD
Field Indirect
Tatal Project Costs:
53,900,000
S 900.000
S 700,000
SJ5,OOO.000
2. Isocyanate Vnlt:
Direct COIl!
Procc:ss EquipmC1lt
Process Equipmcut tnstaJlation
Sile Development
Piping It Electrical
$3,728,000
S3,I03,Ooo
S 438.000
51,333,000
Indirect Cott;
Enaineerillg " Design
Commis,Io=S
Tota. rroJ.ct co.l:
$1,043,000
S 305,000
510,000,000
J. Tbermal Oxidizer:
Dinct Co.t:
Process Equipment
Process EquipmODt InsraJlation
Si~ DeveJopmftlt
Piping &: electrical
Iad'rm Co,t:
52,317,000
S1,188,OOO
$ 223,000
S 476,000
EDsineerillS It Desfgn
Commiuioning
Tot>>1 Project Cost:
S 746,000
S 50,000
S5,OOO,000
Gralld Totll Cosu for All 3 Units:
SSO.OOO,OOO
.. ..~.~ : 0S
713 621 4060 P.015/017
~n"~~j' j ,~-~'~J~'
,.-./ .../..,
713 621 4060 PAGE.015
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Exhibit "D"
Reinvestmeat Zone, PPG ladustrie~ JDC.
Tax Abatement AEreemeat
ListinE of Real & Persoaal Properties subject to Tax Abatement Agreement
~r-0G\\./~
Beine a 5.48 Acre b"act (238,700 Sq. Ft.) out of tht PPG 32.29 acre lractlocated between South
16th. Street and Southern Pacific Railroad, and between West "Y" Street aDd Fairmuat Parkway,
said 5.48 acre tract being more particularly described on Exhibit "B"
Pl"op~l"~' LC:~:lI1 Dl!Scrtptlon
Prope~ Tn Account Number
Lots 11 TIuu 16 & PariS ot Lots 17-23
Block 870 Town oCLa Pone
024-116-070-0001-
- This tn 1.0. II represents lots I Ihru 32 block 870
20. oflots 1 Thru 16 block 896
Town of La Portc
024-117 -096-000 I-
- This tax 1.0. II represents lots 1 thru 32 block 896
Lots 17 Thru 32 Block S9S
Town of La Porte
024-117-095-0001*
- .nus tax 1.0. ## represents lots I thru 32 block 895
20' of Lots 14,15 &. 16 Block 869
Town of La POrte
024-115-069-0001*
- This tax 1.0. /I reprcsents lots 1 Ihru 32 block S6!J
All of Lots 13 Thru 20 & 80' Block 834
Town of La Pone
024-112-034-0001*
.. This tl.X 1.0. H represents 10ts'l thru 32 block 834
Lots 28-32 Block 859
Town of La Pone
024-112-059-0001-
* This tl.X 1.0. /I represents lors 1 th.1"\J 32 block 859
Part of Tr:lct 1. R. Pe:lrS:l11 Survey
Original Acreage 11.060 Acres
*044-051-000-0004
* This tax 1.D. II represents 11.060 acres
Part uf "D" Street Abandoned & Closed August S, 1981, City of La Porte Ordinance No. 1269
lnvc:tllory, Supplies, finisbed Goods
&iw Malerials, Work in Process, furniNre & Fixtures
Compulc=r Eq., Radio Eq.
Mobile Machinery, tv! & E 0173299
SEP 23 '98 11 :35
PAGE.13132
SEP-13-1998 22:03
e
713 621 4060 P.017/017
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Exhibit "E"
PPG IDdllstries, lac:.
Tax AbaCemeat Acreemeat
Description of the PlanD~ Expansion
PPG proposes to build a new pharmaceutical productlDn unit, a new isocyanate
production unit, and a new thennal oxfdlzClJ', for pollu.tion prevention, and other support
facilities at PPO's La Parle, Texas plant !lite. The various production units win be used
for the manu&cturing of adv8J1ced intennediate and active phannaceutical ingredients,
specialty isocyanate chemicals. and other specialty chemicals. It is proposed to locate the
unit totally within the present developed plant property. If approved. the consl\'Ucnon will
.tart no later than October 1. 1998 and be completed by the end of200 I.
The La Pone facility is part of tho Specialty Chemical Business Unit. Major
product lines produced at the plant include chtoroformatcs. acid chlorides, phannaceutical
intermediates. and other specialty chemicals.
SEP 14 '98 113: 09
TOTAL P.017
713 621 4060 PAGE.017
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PPG INDUSTRIES, INC.
--
TAX ABATEMENT TRACT
Being a 5.48 acre tract (238.700 Sq. Ft.) out of the PPG 32.29
acre tract located between South 16th. Street and the Southern
Pacific Railroad. and between West "F" Street and Fairmont
Parkway, said 5.48 acre tract being more particularly
described as follows:
COMMENCING at the Southeast corner of the said PPG Industries,
Inc., 32.29 acre tract, said point being the point of
intersection of the West right-of-way line of South 16th.
Street with the North right-of-way line of Fairmont Parkway,
and being also the Southeast corner of Block 896, Town of La
Porte, according to the map recorded in Vol. 58 at Page 460,
et seq, of the Harris County Deed Records;
Thence, South 86 degrees 56 minutes 49 seconds West,
coincident with the North right-of-way line of Fairmont
Parkway, a distance of 245 feet to the POINT OF BEGINNING of
this 5.48 acre tract;
Thence, continuing South 86 degrees 56 minutes 49 seconds
West, coincident with the North right-of-way line of Fairmont
Parkway, a distance of 216.92 feet to a point for corner, said
point being the most Southerly Southwest corner of the said
32.29 acre tract, and being also the Southeast corner of
Mathison Chemical Co. tract;
Thence, North 03 degrees 03 minutes 11 seconds West,
coincident with the East line of the Mathison Chemical Co.
tract, a distance of 404.05 feet to a point for corner. said
point being an interior corner of the said 32.29 acre tract;
Thence, South 86 degrees 56 minutes 46 seconds West,
coincident with a Southerly line of the said 32.29 acre tract
and a Northerly line of the Mathison tract, a distance of 120
feet to a point for corner;
Page 1 of 3
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Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 200 feet to a point for corner;
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 210 feet to a point for corner;
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 80 feet to a point for corner;
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 49.31 feet to a point for corner.
Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 721.81 feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 119.65 feet to a point for corner.
Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 130.00 feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 180.00 feet to a point for corner.
Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 131.82' feet to a point for corner.
.Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 154.28 feet to a point for corner.
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 98.82 feet to a point for corner.
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 44.08 feet to a point for corner.
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 113.00 feet to a point for corner.
Thence, South 86 degrees 56 minutes 49 seconds West, a
distance of 64.08 feet to a point for corner.
Page 2 of 3
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Thence, North 03 degrees 03 minutes 11 seconds West, a
distance of 231.82 feet to a point for corner.
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 493.93 feet to a point for corner.
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 1,003.63 feet to a point for corner.
Thence, North 86 degrees 56 minutes 49 seconds East, a
distance of 57.61 feet to a point for corner in the toe of
slope of the Firewater Pond;
Thence, South 03 degrees 03 minutes 11 seconds East, a
distance of 524.05 feet to the POINT OF BEGINNING.
PREPARED FROM SURVEY OF 32.29 ACRE TRACT AND PLANT SITE PLAT
F11RNISHED BY PPG INDUSTRIES, INC., AND NOT SURVEYED ON THE
GROUND. BEARINGS ARE GRID BEARINGS BASED ON TEXAS STATE PLANE
COORDINATE SYSTEM, SOUTH CENTRAL ZONE.
;dU~
H. Carlos Smith
Texas Registered Professional Land Surveyor No. 1228
Job No. 3201-98, September 19, 1998
Page 3 of 3
00
SEP-19-1998 02:10
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Exhibit "e"
PPG Industries, Inc.
Tax Abatement Agreement
Project Description & Economic Data
1. Pharmacrutical Unit:
Direct Costs:
Process Equipment
Process Equipment Installation
Process Building
Warehouse, Office & Electrical Building
Site Development, Tank Fann % Infrastructure
Pipe Rack & Interconnecting Services
PPG Direct Cost
$7,600,000
59,500,000
$5,700,000
$1,100,000
$2,000,000
$1,100,000
52,500,000
Indirect Costs:
Engineering & Design
Commissioning &: Validation
Field Indirect
Total Project Costs:
$3.900,000
$ 900,000
$ 700,000
535,000,000
2. Isocyanate Unit:
Direct Cost:
Process Equipment
Process Equipment Installation
Site Development
Piping & Electrical
$3,728,000
$3,103.000
$ 488,000
$1,333,000
Indirect Cost:
Engineering & Design
Commissioning
Total Project Cost:
$1,043,000
$ 305,000
510,000,000
3, Thermal Oxidizer:
,Direct Cost:
Process Equipment
Process Equipment Installation
Site De\"elopment
Piping & Electrical
$2,317,000
$1,188,000
$ 223.000
$ 476,000
Indirect Cost:
Engineering & Design
Commissioning
Total Project Cost:
$ 746,000
$ 50,000
55,000,000
Grand Total Costs for All 3 trnits:
550,000,000
713 621 4060 P.015/017
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Exhibit "D"
PPG Industries, Inc., Tax Abatement Agreement
J..isting of Real & Personal Properties subject to Tax Abatement Agreement
Property I~egal Description Propedy Tax ID Number
Tract No. I. Being a 3.33 Acres (144,877 Sq. Ft.) more accurately desc:ribed on the attached field notes
20' of lots 1 Thru 16 block 896
Town of la Porte
024-117-096-0001*
.'fhis property tax. account 10.
represents lots 1 Thru 32 block 896
Lots 11 ThIU 16, & Parts of Lots 17- 23 Block 870
Town of La Porte
024-116-070-0001*
-This property tux account 10.
represents lots 1 Thru 32 block 870
Lots 17 Thru 32 Block 895
TO'\ll of La Porte
024-117-095-0001*
*This property tax account 10.
repJ:esents lots 1 Thru 32 block 895
20' of Lots 14,158:. 16 Block 869
Town of La PortC'
024-115-069-0001.
""This property tax account 10.
reprt'llcnts lots 1 Thru 32 block 869
Tract No.2, Being a 1.13 Acres (49,400 Sq. Ft.) more accurately described On the attached field notes
All of Lots 13 'Ibm 16 & 80' of Lots 17 ThIU 20
Block 834 Town of La' Porte
024-112-034-0001.
"'This property tax account 10.
represents lots 1 Thru 32 block 834
Being 0.11 Acres Part of Tract 1, R. Pearsall Survey
Original Acreage 11.060 Acres
044-051-000-0005.
This property tax account 10.
represents 11.060 acres
100' oCLots 28-32 Block 859
Town of La Porte
024-112-059-0001.
"'This property tax account !D.
represents lots 1 Thru 32 block 859
Tract No.3, Being 0.1 1 Acres (4.972 Sq, Ft.) more accurately described on the attached field notes
Being 0,11 Acres Pan of Tract 1, R. Pearsall Survey
Original Acreage 11.060 Acres
044-051-000-0005 '"
"'This property tax aCcolUlt ro. represe.nt!l
11.060 acres owned by PPG, being the site of the existing plant
Inventory, Supplies. Finished Goods
.Raw Materials, Work in Proccss. Furniture & Fixtures
Computer Eq., Radio .Eq.
Mobile Machinery, M & E 0173299
SEP-19-1998 02:11
713 621 41216121 P.12I17/017
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Exhibit "E"
PPG Industries, Inc.
Tax Abatement Agreement
Description of the Planned Expansion
PPG proposes to build a new pharmaceutical production wtit, a new isocyanate
production unit, and a new thenna! oxidizer, for pollution prevention, and other support
facilities at PPG's La Porte, Texas plant site. The various production units will be used
for the manufacturing of advanced intermediate and active pharmaceutical ingredients,
specialty isocyanate chemicals, and other specialty chemicals. It is proposed to locate the
unit totally within the present developed plant property. If approved, the construction will
start no later than October I, 1998 and be completed by the end of 2001.
The La Porte facility is part ofthe Specialty Chemical Business Unlt. Major
product lines produced at the plant include chlorofonnates, acid chlorides, pharmaceutical
intermediates, and other specialty chemicals.
TOTAL P.017
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~UFST FOR CITY COUNCIL AG~A ITEM
Agenda Date Requested: Se.ptembert28. 1998
Requested By: Louis Rigby ~ Department:
Report ~ution X
Administrative Services
Ordinance
Exhibits:
Ordinance
Memo to City Manager
SUMMARY & RECOMMENDATION
The software modules used by the Police Department and Municipal Court are not Year 2000
compatible. The company who provides these applications, USTI, has indicated to us that they will
no longer offer the jail or court module and that the remaining applications used by the Police
Department mayor may not be ready by that time.
We have looked at alternative solutions and are recommending that the City purchase the police and
court systems from HTE, Inc., as an add on to the current HTE Administrative/Financial package
currently being used throughout the City, and an addendum to the contract signed in 1995. The
add on will allow a smoother operation, in that the new applications are based on the same
configuration, and will allow the systems to "talk" to each other through the computer. Currently,
payments to the court are manually input.
The cost of the new applications would be $302,017, including required upgrades to the hardware.
Previous years' funding has accounted for $156,030 for the replacement of the police/court
software. An additional $150,000 was placed in the fiscal year 1998-99 budget that was recently
adopted, bringing the total budgeted amount to $306,030.
Action Required by Council: Approve the attached ordinance allowing the purchase of
police and court software applications from mE, Inc., in the amount of $302,017.
Availability of Funds:
General Fund
-1L Capital Improvement
--X. Other
02352525808011
Aocount~umber:01598925431100
WaterlWastewater
_ General Revenue Sharing
Funds Available: ----X...- Yes _ ~o
Approved for City Council Aeenda
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Date
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ORDINANCE NO. 98-2285
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE
CITY OF LA PORTE AND HTE, INC., OF ORLANDO, FLORIDA, TO PROVIDE
POLICE AND MUNICIPAL COURT SOFTWARE APPLICATIONS; APPROPRIATING
$302,017.00, TO FUND SAID CONTRACT; 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.
City Council appropriates the sum not to exceed
$302,017.00 from the 1998-1999 Capital Improvement Project budget
and computer fund budget, to fund said contract.
Section 2.
The City Council finds that USTI, the current
provider of dispatch, jail, court and other police related software
systems, cannot guarantee that their systems will be Year 2000
compatible; further, the City has been notified by USTI that their
jail and court systems will be discontinued; further, the city
Council determines that the above mentioned systems are essential
to the public safety of its citizens; further, the City Council
determines that its existing software provider for administrative
and financial systems, HTE, Inc., as selected in a Request for
Proposal process in 1995, has as a fully integrated module, a
series of software programs for the above mentioned processes, that
98-2285
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are Year 2000 compatible and also have the ability to convert
existing data to the new system, as they have successfully done for
other municipalities. The City Council determines that the most
economical and efficient method to replace these software programs
is to purchase the necessary fully integrated modules by providing
a supplement to the existing contract with HTE, Inc. Therefore,
the City Council authorizes this supplement to the agreement with
the City's current software provider, HTE, Inc.
section 3 0
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
Ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; 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.
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 28th day of September, 1998.
CITY OF LA PORTE
h{~~(4
Mayor
By:
2
98-2285
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ATTEST:
~~o. JdtJjjJ1
a ha A. Gillett,
City Secretary
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
SEPTEMBER 21.1998
TO:
Robert T. Herrera, City Manager
-
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FROM:
Louis Rigby, Director of Administrative Service
SUBJECT:
HTE Software Purchase
The City currently owns and operates an IBM AS/400 mini computer at the Police
Department, and is used by both police and Municipal Court. A company called USTI
currently provides these software applications. USTI has informed the City that they will
no longer provide licenses for the jail or municipal court modules and that the police
applications may be year 2000 compliant when the time comes.
A Request for Proposal (RFP) was sent out in 1994 to replace the City's main frame
computer and the administrativelfinancial software applications. A contract was
successfully negotiated in 1995 with a company called HTE, located in Orlando, Florida,
to provide this software.
When we found out that there was a possibility that USTI would not be year 2000
compatible, we began looking at alternatives. We knew how long the
administrative/financial RFP took and did not know if there was sufficient time for that
process when coupled with the time for conversion of existing data and training on the
new system. I spoke to Chip Collins of the Accord Group who recommended we talk to
HTE about adding to our current administrative/financial applications.
We contacted HTE who provided a proposal to replace the police and municipal court
software applications. We would consider this item as an add on to an existing package
and an addendum to the contract signed in 1985. HTE provided demonstrations for
both the applications and were given favorable recommendations from both municipal
court and the police department.
The cost of the new applications would be $302,017. This includes license fees,
training, installation, project management, conversions, and travel expenses. The
1998-1999 Capital Improvement Project budget shows funds available of $306,030
($156,030 to date and $150,000 in the new budget).
If this meets with your approval, I will place it on the Council agenda for September 28,
1998.
c: Jeff Litchfield, Director of Finance/ACM
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'EQUEST FOR CITY COUNCIL AGENIITEM
AGENDA DATE September 28.1998 REQUESTED BY Jeff Litchfield. Finance Director/ACM
_ REPORT; _ RESOLUTION; -1QL ORDINANCE;
The City of La Porte has provided selected services to the City of Morgan's Point for several
years. The current contract to provide these services expires on September 30, 1998.
City staff has meet with Morgan's Point staff and determined the continued provision of these
services are in the best interests of both cities. The services provided include Emergency 911
Dispatch and Jail Service, Emergency Ambulance Service and Fire Protection.
City staff recommends a new contract be entered into with the City of Morgan's Point for the
provision of these services and the contract be substantially identical to the current contract. In
summary format, the contract calls for the City of La Porte to provide these services to the City of
Morgan's Point for an amount equal to 110% of the per capita budgeted costs for the services.
The term of the proposed contract is three years.
For the 1998-99 fiscal year, the costs to Morgan's Point for these services total $3,162.77 per
month.
Staff recommends approval of the agreement.
ACTION REQUIRED BY COUNCIL:
Approve Ordinance authorizing agreement between the City of La Porte and Morgan's Point for
the provision of selected governmental services.
FUND N/A
ACCT NUM:
FUNDS AVAILABLE:
APPROVED FOR CITY COUNCIL AGENDA
~T~
ROBERT T. HERRERA, CITY MANAGER
q.7.'3..ql(,
DATE
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ORDINANCE NO. 98- 2286
AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BElWEEN THE CITY OF
LA PORTE AND THE CITY OF MORGAN'S POINT, FOR EMERGENCY 911 DISPATCH AND JAIL
SERVICE, FIRE PROTECTION, AND EMERGENCY AMBULANCE SERVICE; 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.
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, Chapter 551, Texas Government Code; 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.
Section 3 This Ordinance shall be in effect from and after its passage and approval.
PASSED AND APPROVED this the 28th day of September, 1998.
ATTEST:
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AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS
x
X
This Agreement made and entered into by and between the CITY OF LA PORTE, a
municipal corporation of Harris County, Texas, hereinafter referred to as "LA PORTE" and the
CITY OF MORGAN'S POINT, a municipal corporation of Harris County, Texas, hereinafter
referred to as "CITY",
WITNESSETH
WHEREAS, CITY is in need of certain governmental services for the benefit of the people
and property within its city limits, and
WHEREAS, LA PORTE is able and willing to provide said governmental services to
CITY, upon the terms, conditions, and covenants herein contained:
NOW, THEREFORE, pursuant to the authority granted by Chapter 791, "Interlocal
Cooperation Contracts", Texas Government Code, and in consideration of the mutual covenants,
agreements, and benefits to both cities, it is hereby agreed as follows:
A. GENERAL PROVISIONS
1.
For and during the three year beginning on the 1st day of October, 1998, and ending on dIe
30th day of September, 2001, LA PORTE agrees to furnish to CITY, the governmental services
hereinafter more specifically described, and continuing thereafter as provided in Paragraph A-IV or
until canceled as provided in Paragraph A-V hereof. This agreement supersedes any prior
agreement between the partners on the subject matter hereof.
II.
For and in consideration of the governmental services to be provided by LA PORTE to
CITY, CITY agrees to pay LA PORTE as follows, to wit:
(I) Monthly base charge as follows:
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Emergency 911 Dispatch and Jail Service
fire Protection
Emergency Ambulance Service
$ 539.34
1,492.16
1,131.27
$3,162.77
Total
A further sum of $ 8.00 per prisoner per day or any fraction thereof.
The total of such base charges, plus charges for said specific services, to be paid in full by
CITY to LA PORTE, on or before the tenth day of the mondl following the month in which such
services were rendered. Payments by CITY shall be made from current revenues available to
CITY.
(2)
III.
LA PORTE will not be liable for loss or damage to person or property arising from or
caused by or resulting from alleged negligence of LA PORTE, its officers or employees or
volunteers in carrying out the tenns of this agreement. CITY agrees to indemnify, and save and
hold LA PORTE harmless, from any such claim for loss or damage by itself, or by any person,
firm, corporation, or association, in connection with this agreement.
IV.
The monthly base charge hereunder is based on 110 percent of the per capita budgeted cost
to LA PORTE for its fiscal year beginning October 1, 1998, to provide the services enumerated
herein to the residents of LA PORTE, based on LA PORTE'S 1990 federal census of 29,200, and
City's 1990 Federal census of 341. The monthly charges hereunder are prospectively subject to
increase, based on the same formula, after September 30, 1999, upon fifteen (15) days written
notice from LA PORTE to CITY, for budget year(s) beginning October I, 1999 and thereafter.
V.
Either party to this agreement may cancel by giving sixty (60) days written notice to the
other party. Such notice will be effective as of midnight of the last day of the calendar month after
the expiration of such sixty (60) days notice.
VI.
CITY personnel shall abide by all LA PORTE rules, regulations, and policies, as they now
exist, or may be amended hereafter, relating to the services rendered including dIe use of facilities
made available to the CITY under the terms of this agreement.
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B. EMERGENCY 911 DISPATCH SERVICES
I.
LA PORTE agrees to receive telephone calls and to dispaLCh radio calls to CITY patrol
units.
II.
LA PORTE further agrees that a dispatcher will be available at the LA PORTE Police
Department to render this service twenty-four (24) hours a day for the duration of this agreement.
C. JAIL
I.
LA PORTE agrees to allow CITY to temporarily confine persons arrested by CITY's law
enforcement officers in dIe LA PORTE City Jail until such time as they can be properly released or
conveniently moved by the proper authorities to the Harris County Jail.
II.
CITY agrees to keep certifications current of all law enforcement officers, required by the
Texas Commission on Law Enforcement standards and education or other appropriate regulatory
authority having jurisdiction, and shall provide copies of same to LA PORTE, if so requested.
III.
CITY will be solely responsible for all medical care for, and all transportation of arrestees
brought to and/or being taken from the LA PORTE jail. In addition, CITY shall be solely
responsible for the security of the arrestee during said transportation.
IV.
LA PORTE may suspend service and may refuse to accept any arrestee from CITY, in its
sole discretion.
D. FIRE PROTECfION
I.
LA PORTE agrees to provide fire protection for real and personal property situated within
CITY, for the term of this agreement, upon dle tenus and conditions herein contained.
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II.
Sule discretion will rest with the LA PORTE Fire Chief, or his duly authorized assistants,
as to the fire fighters and equipment that will answer each fire alarm, provided that protection will
be adequate (meaning reasonable protection, considering available fire fighters and equipment of
LA PORTE'S Fire Deparunent) and sending of fire fighters and equipment to protect property
within CITY will be subordinate to requests for, and rendering of, fire protection within LA
PORTE.
III.
CITY agrees to pay LA PORTE for fire protection services, the amounts, and in the
manner, hereinabove specified.
E. EMERGENCY AMBULANCE SERVICE
I.
As part of the consideration expressed herein, LA PORTE agrees to furnish ambulances
and the personnel to man those ambulances, said ambulance service being available on a constant
basis. LA PORTE shall regularly maintain said ambulance units, keep them in good working
condition at all times, nonnal wear excepted.
II.
LA PORTE shall transport patients to the nearest hospital providing emergency service,
dIat will take the patient, unless the patient's safety or unless the patient specifically dictates
otherwise. In dIe event the patient is incapacitated, the ambulance attendant shall designate
transportation of patient to the nearest hospital.
III.
LA PORTE shall be permitted to charge patients the following base charge, to-wit:
(I) Ambulance Service and Invalid Coach Service:
(a) LA PORTE shall be entitled to charge fees for its services rendered.
(b) Method of dividing cost among patients if more than one is carried in the
same ambulance simultaneously to one hospital:
One and one-half (I 1/2) times dle regular rate, divided by dIe number of
patients transported; each patient to pay equal amount.
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LA PORTE shall never deny emergency service because of a person's
inability to pay.
IV.
LA PORTE agrees to operate the ambulances in accordance with the requirements of the
State and Federal Law, and applicable ordinances of CITY, as same now exist, and as may be
amended from time to time hereafter.
v.
LA PORTE's primary obligation hereunder is to serve tile area described as the corporate
limits of the City of La Porte, plus dle area within dIe City of La Porte's Battleground Industrial
District, the City of La Porte's Bayport Industrial District, and the corporate limits of tile City of
Morgan's Point. LA PORTE, however, shall have the right and privilege to furnish ambulance
service to other entities, including cities and water districts, witllin the boundaries of the La Porte
Independent School District; provided, tllat tile basic level and quality of service to tile City of
Morgan's Point, as provided for herein, is not diminished. LA PORTE shall be entitled to retain
revenues received under such other contracts. LA PORTE shall charge its usual and customary
fees for such selvice within such odler cities and entities, which fees shall not be less titan tllOse
prescribed hereunder.
F. ORDINANCE
CITY shall promptly enact, and vigorously enforce, an Ordinance making it a misdemeanor
for any person to make a "false alarm" to the LA PORTE Dispatch Service, for any emergency
services.
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WITNESS OUR HANDS and the Seals of our respective Cities, effective as of the 1st day
of October, 1998.
PASSED AND APPROVED by the City Council of the City of La Porte, by its Ordinance
No. 98- ~J~lo ,on the 29ft- day of ftpl-M04A.. , 1998.
CITY OF LA PORTE
By G?J~ I. ~
City Manager
ATTEST:
~Dv~
Clt~
a;::;:w
ity Attorney
~
PASSED AND APPROVED by dIe City Council of dIe City of Morgan's Point, by its
Ordinance No. Cj ~ - 397 ,on the q # day of ~~.. 1998.
CITY OF MORGAN'S POINT
~~
nF-"T:
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City Secretary ,
APPROVED:
City Attorney
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REouA FOR CITY COUNCIL AGENDA .1M
Agenda Date Requested: Se.ptember 28. 1998
Requested By: Robert T. Herrera Department:
_ Report _ Resolution _ Ordinance
Exhibits: Letter and attachments dated August 31, 1998 from National League of Cities.
SUMMARY & RECOM:MENDATION
The National League of Cities (NLC) is asking that the City of La Porte consider appointing a voting
delegate and an alternate voting delegate to National League of Cities Annual Congress of Cities Business
Meeting.
Action Required by Council:
Vote for a delegate and an alternate voting delegate to National League of Cities Annual Congress of Cities
Business Meeting.
Availability of Fonds:
General Fund_ Water /Wastewater
_ Capital Improvement_ General Revenue Sharing
Other
Account Number:
Funds Available: YES _ NO
Aooroved for City Council Ae:enda
G~'[ ~
Robert T. Herrera
City Manager
". ~'3.,~
Date
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((~CJ) r0W7
Officers ,,/ l.J Lr
National
League
of
CIties
1301 Pennsylvania Avenue N.W.
Washington, D.C.
20004-1763
(202) 626-3000
Fax: (202) 626-3043
www,nlc.org
PreSldenl
Brian J. O'Neill
Council Member, Philadelphia, Pennsylvania
August 31, 1998
First Vice President
Clarence E. Anthony
Mayor, South Bay. Florida
MEMORANDUM
Second VIce PreSIdent
Bob Knight
Mayor, Wlchlla. Kansas
To:
Immed,ate Past President
Mark Schwartz
City Clerks of Direct Member ~ities CounCil Member. Oklahoma City, Oklahoma
fkr Executive D"ector
Donald J. BOM
Donald J. Bornt, Executive Dir tor .
V oting and Alternate Voting Delegates, Annual Congress of Cities,
December 1-5, 1998, Kansas City, Missouri
From:
Subject:
DUE: OCTOBER 9,1998
The National League of Cities' Annual Business Meeting will be held at 2:00 p.m. on Saturday, December
5, 1998 at the Congress of Cities in Kansas City. Under the Bylaws of the National League of Cities,
each direct member city is entitled to cast from one to 20 votes, depending upon the city's population,
through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of
this memorandum shows the breakdown of votes by population categories.
To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be
designated by the city using the attached credentials form which will be forwarded to NLC's Credentials
Committee. NLC's Bylaws exoresslv orohibit votim~ bv oroxv. Thus, the designated voting
delegate(s) must be present at the Annual Business Meeting to cast the city's vote(s).
In early November, NLC will send a special edition of the Policy Informer summarizing proposed
National Municipal Policy amendments and proposed resolutions. This information should be shared
with your voting delegation.
To establish your city's credentials and facilitate your voting delegate(s) preparation for the Congress of
Cities, we ask that you return the IVORY copy of the completed form to NLC on or before October 9,
1998. A pre-addressed envelope is attached. Please forward the BLUE copy of the credentials form to
your state league office and keep the WHITE copy for your records. For your assistance, a list of the
state leagues is enclosed.
If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3176.
cc: Executive Directors, State Municipal Leagues
Past Presidents: Glenda E. Hood. Mayor. Orlando. FlOrida . Sharpe James, Mayor. Newark. New Jersey . Gregory L.shulka. Mayor. Columbus. OhIO . Cathy Reynolds, CoIy Council Presiden!.
Denver. CoIoraQo . Directors: Floyd Adams. Jr., Mayor. Savannah. Georgia . Arnie Adamsen, Councilman. Las Vegas. Nevada . e. H. Alexander, Mayor Pro Tern. Red Springs. North Carolina . John
8. Andrews. Executive Director, New Hampshire Municipal ASSOCiation . Oennis W. Archer, Mayor. OetrOl1. MichIgan . Sharon Sayles Belton, Mayor. Minneapolis. Mlnnesola . George D. Blackwood,
Jr., Mayor Pro Tern. Kansas City. Missouri . Thomas G. aredew.g. Executive Ouector. Iowa League af Cities . George A. Brown. Jr.. CounclJmember. Lexlnglon-Fayeus. Kentucky . Susan J. Cave.
ExecutIve Director, OhiO MunicIpal League' Mary Clark. Councl/member. Camden. South Carolina' Frank Clinton, Mayor. Paris. illinOIS . Hal Daub, Mayor. Omaha. Nebraska . John DeStafano, Jr.,
Mayor. New Haven. Connecticut . Sue Donaldson, Council member. SeaUle. Washington . Thomas Duane, Councllmember. New York. New York . Jerry Dunn, Mayor. Benbrook, Texas . Howard E.
Duvall, Jr., EJ;ecullve Director. Municipal ASSOCiation of Soulh Carolina . Gene Feldman, Alderman. Evanston. illinOIS . William F. Fulginiti, ExecuUve Diroctor. New MeXICO Municipal League . John A.
Garner. Jr.. Executive Dlreclor. Pennsylvania League of Clites and MuniCIpalitIes . Neil G. Giuliano. Mayor. Tempe. Arizona . Thomas J. Grady. E)l.ecutlve Director. Nevada League of Cilies . Victor
Hernandez, Councilmember. Lubbock. Texas . Patsy Jo Hilliard, Mayor. East POlnl. Georgia . Patricia Lockwood, Mayor. Fenlon, Michigan . Jack lynch, Chief Executive. Bulte. Monlana . Linda A.
Morton, Mayor. Lakewood. Colorado' Joe Murdy, Assemblyman. Anchorage. Alaska' Jenny Oropeza, Councllmember. long Beach. California' Mary C. POSI, Mayor Pro Tem. Dallas. Texas' Sedalia
Sande,., Councllmember. EI Cenlro. Calolornla . Marjorie B. Schramm. Mayor, Kirkwood, MiSSOUri . Eric B. Smith, CounCil PreSIdent, Jacksonville. FlOrida . Harry Smith. Mayor. Greenwood, MissiSSIppi
. Daniel M. Speer, Mayor. Pulaski. Tennessee . Connie Sprynczynatyk, Execullve Director. North Dakota League of Cllles . Louisa M. Strayhorn, Councilwoman. Virginia Beach. Virginia . Tommy
Swaim, Mayor, Jacksonville. Arkansas . Jack l. Valencia, Jr.. Councilor. Las Cruces. New MeXICO
Recycled Paper
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NATIONAL LEAGUE OF CITIES
ANNUAL CONGRESS OF CITIES
Number of Votes - Direct Member Cities
Article IV, Section 2 of NLC's Bylaws specifies as follows the number of votes which each member city
of the National League of Cities is entitled to cast at the Annual Congress of Cities:
,;C11iV.fQ~~~~~:(f" -
Under 50,000
50,000 - 99,999
100,000 - 199,999
200,000 - 299,999
300,000 - 399,999
400,000 - 499,999
500,000 - 599,000
600,000 - 699,000
700,000 -799,000
800,000 - 899,000
900,000 and above
1 vote
2 votes
4 votes
6 votes
8 votes
10 votes
12 votes
14 votes
16 votes
18 votes
20 votes
Note: Member cities are required by the Bylaws to cast unanimous votes.
Cred98.coc
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STATE MUNICIPAL LEAGUE EXECUTIVE DIRECTORS
~ National League of Cities
August, 1998
ALABAMA LEAGUE OF MUNICIPALITIES
Perry Roquemore
P.O. Box 1270
Montgomery, Alabama 36102
(535 Adams Avenue - 36104)
(334) 262-2566, Fax: (334) 263-0200
ALASKA MUNICIPAL LEAGUE
Kevin C. Ritchie
Executive Director
217 Second Street, Suite 200
Juneau, Alaska 99801
(907) 586-1325, Fax: (907) 463-5480
LEAGUE OF ARIZONA CITIES AND TOWNS
Catherine F. Connolly
1820 West Washington Street
Phoenix, Arizona 85007
(602) 258-5786, Fax: (602) 253-3874
ARKANSAS MUNICIPAL LEAGUE
Don Zimmerman
P.O. Box 38
North Little Rock, Arkansas 72115
(301 W. 2nd Street - 72115)
(501) 374-3484, Fax: (501) 374-0541
LEAGUE OF CALIFORNIA CITIES
Don Benninghoven
1400 K Street, 4th Floor
Sacramento, California 95814
(916) 658-8200, Fax: (916) 658-8240
COLORADO MUNICIPAL LEAGUE
Kenneth G. Bueche
1660 Lincoln, Suite 2100
Denver, Col~rado 80264
(303) 831-6411, Fax: (303) 860-8175
CONNECTICUT CONFERENCE OF
MUNICIPALITIES
Joel Cogen
900 Chapel Street, 9th Floor
New Haven, Connecticut 06510-2807
(203) 498-3000, Fax: (203) 562-6314
DELAWARE LEAGUE OF LOCAL
GOVERNMENTS
George C. Wright
P.O. Box 484
Dover, Delaware 19903-0484
(134 East Water Street - 19903-0484)
(302) 678-0991, Fax: (302) 678-4777
FLORIDA LEAGUE OF CITIES
Michael Sittig
P.O. Box 1757
Tallahassee, Florida 32302
(301 South Bronaugh, Suite 300 - 32301)
(850) 222-9684, Fax: (850) 222-3806
GEORGIA MUNICIPAL ASSOCIATION
James A. Calvin
201 Pryor Street, S.W.
Atlanta, Georgia 30303
(404) 688-0472, Fax: (404) 577-6663
ASSOCIATION OF IDAHO CITIES
Ken Harward
3314 Grace Street
Boise, Idaho 83703
(208) 344-8594, Fax: (208) 344-8677
ILLINOIS MUNICIPAL LEAGUE
Ken Alderson
P.O. Box5180
Springfield, Illinois 62705-5180
(500 E. Capitol Avenue - 62701)
(217) 525-1220, Fax: (217) 525-7438
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INDIANA ASSOCIATION OF CITIES AND TOWNS
Michael J. QuiIUl
150 West Market Street, Suite 728
Indianapolis, Indiana 46204-2882
(317) 237-6200, Fax: (317) 237-6206
IOWA LEAGUE OF CITIES
Thomas G. Bredeweg
317 Sixth Avenue, Suite 1400
Des Moines, Iowa 50309-4122
(515) 244-7282, Fax: (515) 244-0740
LEAGUE OF KANSAS MUNICIPALITIES
Christopher K. McKenzie
300 S.W. 8th Street
Topeka, Kansas 66603-3912
(785) 354-9565, Fax: (785) 354-4186
KENTUCKY LEAGUE OF CITIES
5ylvia L. Lovely
101 East Vine Street, Suite 600
~gton,Kentucky 40507-3700
(606) 323-3700, Fax: (606) 323-3703
LOUISIANA MUNICIPAL ASSOCIATION
L. Gordon King
P.O. Box 4327
Baton Rouge, Louisiana 70821
(700 North lOth Street - 70802)
(504) 344-500 I, Fax: (504) 344-3057
MAINE MUNICIPAL ASSOCIATION
Christopher G. Lockwood
60 Community Drive
Augusta, Maine 04330
(207) 623-8428, Fax: (207) 626-5947
MARYLAND MUNICIPAL LEAGUE
Scott A. Hancock
1212 West Street
Annapolis, Maryland 21401
(410) 268-5514, Fax: (410) 268-7004
MASSACHUSETTS MUNICIPAL ASSOCIATION
Geoffrey Beckwith
60 Temple Place, Second Floor
Boston, Massachusetts 02111
(617) 426-7272, Fax: (617) 695-1314
MICHIGAN MUNICIPAL LEAGUE
George D. Goodman
P.O. Box 1487
Ann Arbor, Michigan 48106
(1675 Green Road - 48106-1487)
(734) 662-3246, Fax: (734) 662-8083
LEAGUE OF MINNESOTA CITIES
James F. Miller
145 University Avenue, West
St. Paul, Minnesota 55103-2044
(651) 281-1200, Fax: (651) 281-1299
MISSISSIPPI MUNICIPAL ASSOCIATION
Jeanie E. Smith
600 East Amite Street, Suite 104
Jackson, Mississippi 39201
(601) 353-5854, Fax: (60 I) 353-0435
MISSOURI MUNICIPAL LEAGUE
Gary Markenson
1727 Southridge Drive
Jefferson City, Missouri 65109
(573) 635-9134, Fax: (573) 635-9009
MONT ANA LEAGUE OF CITIES AND TOWNS
Alec Hansen
P.O. Box 1704
Helena, Montana 59624
(208 North Montana - Capital I Center - 59601)
(406) 442-8768, Fax: (406) 442-9231
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LEAGUE OF NEBRASKA MUNICIPALITIES
Lynn Rex
1335 L. Street
Lincoln, Nebraska 68508
(402) 476-2829, Fax: (402) 476-7052
NEVADA LEAGUE OF CITIES
& MUNICIPALITIES
Thomas J. Grady
P.O. Box 2307
Carson City, Nevada 89702-2307
(206 N. Carson - 89701)
(702) 882-2121, Fax: (702) 882-2813
NEW HAMPSHIRE MUNICIPAL
ASSOCIATION
John B. Andrews
P.O. Box 617
Concord, New Hampshire 03302-0617
'~25 Triangle Park Drive - 03301)
(603) 224-7447, Fax: (603) 226-2988
NEW JERSEY STATE LEAGUE OF
MUNICIPALITIES
William G. Dressel, Jr.
407 West State Street
Trenton, New Jersey 08618
(609) 695-3481, Fax: (609) 695-0151
NEW MEXICO MUNICIPAL LEAGUE
William F. Fulginiti
P.O. Box 846
Santa Fe, New Mexico 87504
(1229 Pas eo de Peralta - 87501)
(505) 982-5573, Fax: (505) 984-1392
NEW YORK STATE CONFERENCE OF MAYORS
AND MUNICIPAL OFFICIALS
Edward C. Farrell
119 Washington Avenue
Albany, New York 12210
(518) 463-1185, Fax: (518) 463-1190
NORTH CAROLINA LEAGUE OF
MUNICIPALITIES
S. Ellis Hankins
P.O. Box 3069
Raleigh, North Carolina 27602
(215 N. Dawson - 27602)
(919) 715-4000, Fax: (919) 733-9519
NORTH DAKOTA LEAGUE OF CITIES
Connie Sprynczynatyk
P.O. Box 2235
Bismarck, North Dakota 58502
(1710 Burnt Boat Drive - 58501)
(701) 223-3518, Fax: (701) 223-5174
OHIO MUNICIPAL LEAGUE
Susan 1. Cave
175 South Third Street
Suite 510
Columbus, Ohio 43215
(614) 221-4349, Fax: (614) 221-4390
OKLAHOMA MUNICIPAL LEAGUE
William A. Moyer
201 North East 23rd Street
Oklahoma City, Oklahoma 73105
(405) 528-7515, Fax: (405) 528-7560
LEAGUE OF OREGON CITIES
Richard C . Townsend
P.O. Box 928
Salem, Oregon 97308
(1201 Court Street, N.E. - 97301)
(503) 588-6550, Fax: (503) 399-4863
PENNSYL VANIA LEAGUE OF CITIES AND
MUNICIPALITIES
John A. Garner, Jr.
414 North Second Street
Harrisburg, Pennsylvania 17101
(717) 236-9469, Fax: (717) 236-6716
~ National League ofCiti.,
_")I')WCEIVED
SEP 1 Q "Q98
STATE MUNICIPAL LEAGUE EXECUTIVE DI ECTORS I"
CITY SECRETARY'S
OFFiCE
e
I
August, 1998
RHODE ISLAND LEAGUE OF CITIES AND
TOWNS
Daniel Beardsley
I State Street, Suite 502
Providence, Rhode Island 02908
(401) 272-3434, Fax: (401) 421-0824
MUNICIPAL ASSOCIATION OF SOUTH
CAROLINA
Howard Duvall
P.O. Box 12109
Columbia, South Carolina 29211
(1529 Washington Street - 29211)
(803) 799-9574, Fax: (803) 933-1299
VERMONT LEAGUE OF CITIES AND TOWNS
Steven E. Jeffrey
89 Main Street, Suite 4
Montpelier, Vermont 05602-2948
(802) 229-9111, Fax: (802) 229-2211
VIRGINIA MUNICIPAL LEAGUE
R. Michael Amyx
P.O. Box 12164
Richmond, Virginia 23241
(13 East Franklin Street - 23219)
(804) 649-8471, Fa."{: (804) 343-3758
30UTH DAKOTA MUNICIPAL LEAGUE
Yvonne Vik
214 East Capitol
Pierre, South Dakota 57501
(605) 224-8654, Fax: (605) 224-8655
ASSOCIATION OF WASHINGTON CITIES
Stan Finkelstein
1076 South Franklin Street, SE
Olympia, Washington 98501-1346
(360) 753-4137, Fax: (360) 753-4896
WEST VIRGINIA MUNICIPAL LEAGUE
Lisa Dooley
2020 Kanawha Blvd. East
Charleston, West Virginia 25311
(304) 342-5564, Fax: (304) 342-5586
TENNESSEE MUNICIPAL LEAGUE
Executive Director (Vacant)
226 Capitol Blvd., Room 710
Nashville, Tennessee 37219-1894
(615) 255-6416, Fax: (615) 255-4752
LEAGUE OF WISCONSIN MUNICIPALITIES
Dan Thompson
202 State Street - Suite 300
Madison, Wisconsin 53703-2215
(608) 267-2380, Fax: (608) 267-0645
WYOMING ASSOCIATION OF MUNICIPALITIES
George Parks
P.O. Box 3110
Cheyenne, Wyorrring 82003-3110
(200 East 8th Avenue - 82001)
(307) 632-0398, Fax: (307) 632-1942
TEXAS MUNICIPAL LEAGUE
Frank Sturzl
1821 Rutherford Lane, Suite 400
Austin, Texas 78754-5128
(512) 719-6300, Fax: (512) 719-6390
UTAH LEAGUE OF CITIES AND TOWNS
Kenneth Bullock
50 South 600 East, #150
Salt Lake City, Utah 84102
(801) 328-1601, Fax: (801) 531-1872
For additional information, contact the Center for Member Programs, National League o/Cities, (202) 626-3018.
· · ~rr)1~'t7
STATE MUNICIPAL LEAGUE EXECUTIVE DIRECTORS
~ National League of Cities
August, 1998
ALABAMA LEAGUE OF MUNICIPALITIES
Perry Roquemore
P.O. Box 1270
Montgomery, Alabama 36102
(535 Adams Avenue - 36104)
(334) 262-2566, Fax: (334) 263-0200
ALASKA MUNICIPAL LEAGUE
Kevin C. Ritchie
Executive Director
217 Second Street, Suite 200
Juneau,AJaska 99801
(907) 586-1325, Fax: (907) 463-5480
LEAGUE OF ARIZONA CITIES AND TOWNS
Catherine F. Connolly
1820 West Washington Street
Phoenix, Arizona 85007
(602) 258-5786, Fax: (602) 253-3874
ARKANSAS MUNICIPAL LEAGUE
Don Zimmerman
P.O. Box 38
NordI Little Rock, Arkansas 72115
(301 W. 2nd Street - 72115)
(501) 374-3484, Fax: (501) 374-0541
LEAGUE OF CALIFORNIA CITIES
Don Benninghoven
1400 K Street, 4th Floor
Sacramento, California 95814
(916) 658-8200, Fax: (916) 658-8240
COLORADO MUNICIPAL LEAGUE
Kenneth G. Bueche
1660 Lincoln, Suite 2100
Denver, Col!Jrado 80264
(303) 831-6411, Fax: (303) 860-8175
CONNECTICUT CONFERENCE OF
MUNICIPALITIES
Joel Cogen
900 Chapel Street, 9th Floor
New Haven, Connecticut 06510-2807
(203) 498-3000, Fa.x: (203) 562-6314
DELAWARE LEAGUE OF LOCAL
GOVERNMENTS
George C. Wright
P.O. Box 484
Dover, Delaware 19903-0484
(134 East Water Street - 19903-0484)
(302) 678-0991, Fax: (302) 678-4777
FLORIDA LEAGUE OF CITIES
Michael Sittig
P.O. Box 1757
Tallahassee, Florida 32302
(301 South Bronough, Suite 300 - 32301)
(850) 222-9684, Fax: (850) 222-3806
GEORGIA MUNICIPAL ASSOCIATION
James A. Calvin
201 Pryor Street, S.W.
Atlanta, Georgia 30303
(404) 688-0472, Fax: (404) 577-6663
ASSOCIA TION OF IDAHO CITIES
Ken Harward
3314 Grace Street
Boise, Idaho 83703
(208) 344-8594, Fax: (208) 344-8677
ILLINOIS MUNICIPAL LEAGUE
Ken AJderson
P.O. Box 5180
Springfield, Illinois 62705-5180
(500 E. Capitol Avenue - 62701)
(217) 525-1220, Fax: (217) 525-7438
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INDIANA ASSOCIATION OF CITIES AND TOWNS
Michael 1. Quinn
150 West Market Street, Suite 728
Indianapolis, Indiana 46204-2882
(317) 237-6200, Fax: (317) 237-6206
IOWA LEAGUE OF CITIES
Thomas G. Bredeweg
317 Sixth Avenue, Suite 1400
Des Moines, Iowa 50309-4122
(515) 244-7282, Fax: (515) 244-0740
MASSACHUSETTS MUNICIPAL ASSOCIATION
Geoffrey Beckwith
60 Temple Place, Second Floor
Boston, Massachusetts 02111
(617) 426-7272, Fax: (617) 695-1314
LEAGUE OF KANSAS MUNICIPALITIES
Christopher K. McKenzie
300 S.W. 811\ Street
Topeka, Kansas 66603-3912
(785) 354-9565, Fax: (785) 354-4186
KENTUCKY LEAGUE OF CITIES
Sylvia L. Lovely
101 East Vine Street, Suite 600
Lexington, Kentucky 40507-3700
(606) 323-3700, Fax: (606) 323-3703
MICHIGAN MUNICIPAL LEAGUE
George D. Goodman
P.O. Box 1487
Ann Arbor, Michigan 48106
(1675 Green Road - 48106-1487)
(734) 662-3246, Fax: (734) 662-8083
LEAGUE OF MINNESOTA CITIES
James F. Miller
145 University Avenue, West
St. Paul, Minnesota 55103-2044
(651) 281-1200, Fax: (651) 281-1299
LOUISIANA MUNICIPAL ASSOCIATION
L. Gordon King
P.O. Box 4327
Baton Rouge, Louisiana 70821
(700 North 1011\ Street - 70802)
(504) 344-5001, Fax: (504) 344-3057
MISSISSIPPI MUNICIPAL ASSOCIATION
Jeanie E. Smith
600 East Amite Street, Suite 104
Jackson, Mississippi 39201
(601) 353-5854, Fax: (601) 353-0435
MISSOURI MUNICIPAL LEAGUE
Gary Markenson
1727 Southridge Drive
Jefferson City, Missouri 65109
(573) 635-9134, Fax: (573) 635-9009
MONTANA LEAGUE OF CITIES AND TOWNS
Alec Hansen
P.O. Box 1704
Helena, Montana 59624
(208 North Montana - Capital I Center - 59601)
(406) 442-8768, Fax: (406) 442-9231
MAINE MUNICIPAL ASSOCIATION
Christopher G. Lockwood
60 Conununity Drive
Augusta, Maine 04330
(207) 623-8428, Fax: (207) 626-5947
MARYLAND MUNICIPAL LEAGUE
Scott A. Hancock
1212 West Street
Annapolis, Maryland 21401
(410) 268-5514, Fax: (410) 268-7004
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LEAGUE OF NEBRASKA MUNICIPALITIES
Lynn Rex
1335 L. Street
Lincoln, Nebraska 68508
(402) 476-2829, Fax: (402) 476-7052
NEVADA LEAGUE OF CITIES
& MUNICIPALITIES
Thomas J. Grady
P.O. Box 2307
Carson City, Nevada 89702-2307
(206 N. Carson - 89701)
(702) 882-2121, Fax: (702) 882-2813
NEW HAMPSHIRE MUNICIPAL
ASSOCIATION
John B. Andrews
P.O. Box 617
Concord, New Hampshire 03302-0617
(25 Triangle Park Drive - 03301)
(603) 224-7447, Fax: (603) 226-2988
NEW JERSEY STATE LEAGUE OF
MUNICIPALITIES
William G. Dressel, Jr.
407 West State Street
Trenton, New Jersey 08618
(609) 695-3481, Fa.x: (609) 695-0151
NEW MEXICO MUNICIPAL LEAGUE
William F. Fulginiti
P.O. Box 846
Santa Fe, New Mexico 87504
(1229 Paseo de Peralta - 87501)
(505) 982-5573, Fa.x: (505) 984-1392
NEW YORK STATE CONFERENCE OF MAYORS
AND MUNICIPAL OFFICIALS
Edward C. Farrell
119 Washington Avenue
Albany, New York 12210
(518) 463-1185, Fa.x: (518) 463-1190
NORTH CAROLINA LEAGUE OF
MUNICIPALITIES
S. Ellis Hankins
P.O. Box 3069
Raleigh, North Carolina 27602
(215 N. Dawson - 27602)
(919) 715-4000, Fax: (919) 733-9519
NORTH DAKOTA LEAGUE OF CITIES
Connie Sprynczynatyk
P.O. Box 2235
Bismarck, North Dakota 58502
(1710 Burnt Boat Drive - 58501)
(701) 223-3518, Fax: (701) 223-5174
OHIO MUNICIPAL LEAGUE
Susan J. Cave
175 South Third Street
Suite 510
Columbus, Ohio 43215
(614) 221-4349, Fax: (614) 221-4390
OKLAHOMA MUNICIPAL LEAGUE
William A. Moyer
20 I North East 23rd Street
Oklahoma City, Oklahoma 73105
(405) 528-7515, Fax: (405) 528-7560
LEAGUE OF OREGON CITIES
Richard C. Townsend
P.O. Box 928
Salem, Oregon 97308
(1201 Court Street, N.E. - 97301)
(503) 588-6550, Fa.x: (503) 399-4863
PENNSYLVANIA LEAGUE OF CITIES AND
MUNICIPALITIES
John A. Gamer, Jr.
414 North Second Street
Harrisburg, Pennsylvania 17101
(717) 236-9469, Fax: (717) 236-6716
~ National League or Cities
r_ 0 1~~,9EIVED
'V7 )Lr- L:
SEP 1 0 lQ98
STATE MUNICIPAL LEAGUE EXECUTIVE DI ECTORS ...
CITY SECRETARY'S
OFFICE
e
August, 1998
RHODE ISLAND LEAGUE OF CITIES AND
TOWNS
Daniel Beardsley
1 State Street, Suite 502
Providence, Rhode Island 02908
(401) 272-3434, Fax: (401) 421-0824
MUNICIPAL ASSOCIATION OF SOUTH
CAROLINA
Howard Duvall
P.O. Box 12109
Columbia, South Carolina 29211
(1529 Washington Street - 29211)
(803) 799-9574, Fax: (803) 933-1299
VERMONT LEAGUE OF CITIES AND TOWNS
Steven E. Jeffrey
89 Main Street, Suite 4
Montpelier, Vennont 05602-2948
(802) 229-9111, Fa.x: (802) 229-2211
VIRGINIA MUNICIPAL LEAGUE
R. Michael Amyx
P.O. Box 12164
Richmond, Virginia 23241
(13 East Franklin Street - 23219)
(804) 649-8471, Fax: (804) 343-3758
SOUTH DAKOTA MUNICIPAL LEAGUE
Yvonne Vik
214 East Capitol
Pierre, South Dakota 57501
(605) 224-8654, Fax: (605) 224-8655
ASSOCIATION OF WASHINGTON CITIES
Stan Finkelstein
1076 South Franklin Street, SE
Olympia, Washington 98501-1346
(360) 753-4137, Fax: (360) 753-4896
TENNESSEE MUNICIPAL LEAGUE
Executive Director (Vacant)
226 Capitol Blvd., Room 710
Nashville, Tennessee 37219-1894
(615) 255-6416, Fax: (615) 255-4752
WEST VIRGINIA MUNICIPAL LEAGUE
Lisa Dooley
2020 Kanawha Blvd. East
Charleston, West Virginia 25311
(304) 342-5564, Fax: (304) 342-5586
TEXAS MUNICIPAL LEAGUE
Frank Sturzl
1821 Rutherford Lane, Suite 400
Austin, Texas 78754-5128
(512) 719-6300, Fax: (512) 719-6390
UTAH LEAGUE OF CITIES AND TOWNS
Kenneth Bullock
50 South 600 East, #150
Salt Lake City, Utah 84102
(801) 328-1601, Fax: (801) 531-1872
LEAGUE OF WISCONSIN MUNICIPALITIES
Dan Thompson
202 State Street - Suite 300
Madison, Wisconsin 53703-2215
(608) 267-2380, Fax: (608) 267-0645
WYOMING ASSOCIATION OF MUNICIPALITIES
George Parks
P.O. Box 3110
Cheyenne, Wyonring 82003-3110
(200 East 8th Avenue - 82001)
(307) 632-0398, Fax: (307) 632-1942
For additional information, contact the Center for Member Programs, National League of Cities, (202) 626-3018.
tit e
1998 CONGRESS OF CITIES - KANSAS CITY, MISSOURI
To: Chair. Credentials Committee
National League of Cities
1301 Pennsylvania Avenue. N.W.
Washington, D.C. 20004
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The official voting delegate and alternates for the City of La Portp-
are:
No. of Votes
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nnaau_1I
-
VOTING DELEGATE
1.
n",n1- i "" G::oy
NAME
T,a Portp-
CITY
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TITLE
Texas
STATE
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ALTERNATE VOTING DELEGATES
2.
Jerry Clarke
NAME
3.
TITLE
NAME
TITLE
CITY ST~E
di t member city II enti ed to ~te ~~EL8 delegat.... The number 0='" ~l?: ~cut;. based on the city's
poplllltion as delel1nined in the 1990 Census.
1. PLEASE DO NOT ALL IN SHADED AREA. THIS IS FOR NLC OFFICE USE ONLY.
2. Please type or print yollr city MIlle In the 'plce provided.
3. Please type or print the n....e, tide, city, and .lale of vollng delegate and altemateCll.
4. Please sign the ~ form and retwn to CIWr, Credential. Coaunittee; .end the J!Idl!l copy to yoIU Slale Lell"e Director. and keep M!JIIl copy for yoIU
record.
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TROPICAL STORM FRANCES
Seotember 10 - 11
24-hour period
inches of rain
10 to 11
Seotember 11-12
24-hour period
inches of rain
Total
2.5 to 3
12.5 to 14
Seotember 11
. Tornado touches down @ approximately 4:30 am
. Damage to homes, trees and commercial businesses
no reported injuries
. Show direction taken on map
Hi2h Tides
. running 4 to 6 feet higher than normal
Street Floodin2
. Much street flooding throughout the City of La Porte
. Severe flooding in Lomax area when 3 :OOam tide came in
. Some homes may have had water in them
City Facilities Dama2e
. Sylvan Beach Fishing Pier - damage to T -head
. Sylvan Beach Pavilion - lost glass window
City Personnel
. Over 90% of City employees were able to return to work.
. Employees arrived early and stayed late.
. Some employees even canceled their vacations to stay and help
out the City, which should be viewed as an unselfish gesture.
Administrative Policv Decisions
. Waive permit fees associated with storm damage to
residentiaVcommercial properties
. Waive trash/debris cleanup limits
. Authorize use of overtime and going to 10-hour days within
Public Works Department
as Ell .. _ al
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INSET OF -L - STREET ...
DAMAGE z
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DAMAGE ASSESSMENT TRDPICAL STDRM FRANCIS. SEPTEMBER 11.1998
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MEETING HANDOUTS
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9-26-98
Notes for Bill Scott's 9-28-98
Background:
a.The City's Comprehensive Plan that was developed in 1984, shows Farrington Blvd.
connecting Fairmont Parkway to Hwy 225.
b. In 1994, City Planning Director Charles Harrington wrote a resident, stating that:
1. Phase 1 would connect Farrington Blvd. to Lomax School Road.
2. Phase 2 would connect "P" Street to Hwy 225 at some time probably after 2001
3. Phase 3 would make the entire project 4 lanes in app. 2004 to 2009.
c. On Aug. 25, 1998 the City's current Planning Director referred to this project as a
"Highway" when comparing it to Underwood Road.
d. On Sept. 14,1998 the City approved $321,000 in It's General Budget to
build Phase 1 of the "Highway". However Council Members have said that they
do not hold up approval of the General Budget for anyone item...But any
item may be removed later by simply not funding it. Phase 1 construction can
still be easily stopped by the City.
page 1 of 4
5 minute presentation to City Council
2. I and many others in our group have talked with several of the City Council Members about
the proposed Highway through our neighborhoods and three facts have become very evident:
The start of the Phase 1 road was proposed and budgeted with:
a. Little or no thought given to this roads' serious current negative impact on a large
number of taxpayers.
b. Little or no input from negatively affected taxpayers.
c. Little or no current needs/impact analysis.
3. Now that Council Members are aware of the Strong objection to this Phase 1 road by
a very large number of taxpayers; I think it is time to get on with listening to the
taxpayers and to quite aggravating a decision that in hind sight was a mistake. This
Phase 1 road is still being justified by using broad general cliches, notional ideas, and
unstudied, unverified information. This type of thinking caused the mistake and it
certainly will not correct it. Council Members are still attempting to ignore the serious
negative effects this Phase 1 road will have on a large number of taxpayers in 3 large
subdivisions. I have talked at length with 4 Council Members and a Planning and
Zoning Rep. They did not mention one word about how this Highway will greatly
decrease our hard earned property values, decrease our standard of living, disrupt our
existing neighborhood lifestyles, AND Endanger our Children and our selves.
Instead, they mentioned:
1. The school system wants it for a shorter bus route.
2. Emergency vehicles need a shorter route.
3. I'm concerned about EMS response time.
4. We need it for emergency evacuation.
5. We need to "open up" Lomax.
6. The road will make travel more convenient for me.
7. We can't stop progress.
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page 2 of 4
8. We can't put the needs of30 homeowners above the needs of 32,000 other citizens.
Some of these may sound good on the surface, but let's take a closer look. I'd like to address each
one of these in the order listed and use specifics instead of general cliches, notional ideas, and
fuzzy concepts that are not backed up by factual input.
l.(Bus Route) I contacted the La Porte I.S.D. Superintendent and the Transportation Director.
Neither one knew the Phase 1 road was starting. They had informally mentioned wanting the
road to the City Administration about 3 years ago. Now that they are aware of the road, They
want it to bus students from North of Meadow Place Dr. in Glen Meadows to Lomax
Elementary School because of overcrowding at their home school of Rizzuto.
Response. The logical, cost effective answer to this problem is to put our tax money in to a
permanent fix by adding more class rooms at Rizzuto or another school and not waste it on a
temporary band aid fix for the school system that will have a permanent serious negative effect
on over 500 people in established neighborhoods.
2. (Emergency Vehicle Route) Fire Chief Joe Sease wants the Phase 1 road so the #2 Spencer
Fire Station can respond to the center of Lomax more quickly and the Lomax #3 Fire Station can
respond directly South more quickly. His overall plan includes building a new Fire Station
probably at "P" Street and Sens Rd. for 3 reasons.
a. The current #3 Lomax Fire Station is structurally unsound because of termite damage
b. The dangers of Fire Trucks existing and traveling so close to the softball fields and
Rodeo Arena. I think this is a logical concern with evidence to back it up.
c. Possible expansion of coverage to the North and East.
Response to:
a. The structural condition of #3 station and possible repair have not been professionally
or accurately studied. The assumed structural condition is based on some people seeing
"large" amounts of termite damage when interior wall coverings were replaced some
years ago.
b. The softball fields will be moved to Little Cedar Bayou Park and that area will become
Rodeo Arena parking. I think this will eliminate the great majority of concern about
mixing Fire Trucks with children and with Rodeo Arena traffic.
c. I think areas to the North and South will expand in unforeseen ways, IF the Bayport
Ship Terminal is constructed. But that is far in the future and may not even happen. At
the present, and based on population density, the #3 Fire Station is very centrally located
for it's coverage area of Lomax. Mr. Sease thinks a new fire station will cost app.
5500,000. I think a new $50,000 steel building, at 1/10 tenth cost, at the current location
will be more cost effective...IF it is proven the current station is unsound and can not be
repaired.
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Page 3 of 4
I think when we tell voters all the facts, there won't be a $500,000 urban artwork Fire Station in
Lomax. I think wasted taxpayers money is wasted taxpayers money. It doesn't matter which area
of the City benefits from the waste.
..And as in all the other excuses used to build the Phase 1 road, there has been NO detailed
needs/impact study to justify any of item #2.
3. (EMS Route) EMS services for the West side of the city are located just East of Sens Road at
Spencer. Every possible Scenario I can think of on this item shows that the Phase 1 road is not
needed. Again, a detailed needs/impact study has not been done on this item.
4. (Emergency Evacuation) Underwood Rd. is now 5 lanes. The new 4 lane East Blvd. is just 1/2
mile West of Underwood Rd. Hwy 146 is being extensively expanded. Bay Area Blvd. will tie
into Sens Rd. Sens Rd. becoming 4 lanes is under discussion with the County. All of this tells me
that in an emergency evacuation the Obvious traffic jam will occur in and around Houston, not
on Farrington Blvd.
Again, there has been No needs/impact study to justify this. Only notional thinking.
5. (Open up Lomax) I have driven through out most ofthe Subdivisions in recent weeks. They
are a maze of dead ends and tees. I've become lost more times than I can count. These sub
divisions were intentionally designed this way to eliminate through traffic that doesn't belong
there. Yet the Council Member making this statement thinks it is OK to "open up" Lomax and
dump through traffic into 3 large subdivisions and run rush hour traffic through 2 elementary
school zones and 3 park areas. This isn't just poor planning with No needslimpact study. This is
gross negligence.
6. (Convenient Travel) As stated in item 5. Subdivisions are designed to eliminate through
traffic and convenience through traffic travel. Lomax, Glen Meadows, and Faremont Park
taxpayers have the same right as other taxpayers to keep our existing street structure to eliminate
through traffic and maintain our property values and neighborhood environment. This basic
American right has been upheld in numerous court cases. One persons desire for a convenience
does not justify another persons loss of property value and/or existing neighborhood
environment.
7.(We Can't Stop Progress) This worn out cliche has been used many times to financially benefit
a select few at the cost of the existing general good of the many. I think it's use as a justification
for the Phase 1 road points out that the City has attempted to push this road through with no
input from the taxpayers affected by it.
527+ taxpayers think the Phase 1 road will greatly reduce our property values, greatly lower our
existing neighborhood environments, and seriously jeopardize the safety of our children and
ourselves due to increased through traffic.
8. (We can't put the needs of 30 people above the needs of 32,000 people) This statement was
used as part of the need for the Phase 1 road for emergency evacuation(item 4).
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Page 4 of 4
It's not the needs 000. It is the needs of the 527+ voters who have signed a Petition asking the
City Council to Not fund Phase 1 of this "highway" through our neighborhoods...and to even
propose that 32,000 La Porte citizens will use Farrington Blvd for emergency evacuation is
illogical and irresponsible.
I believe that if all directly affected taxpayers wanting to sign the Petition could be reached;
the number of signatures would easily grow from the current 527 to exceed 1500. BY
COMP ARlSON, THERE WERE ONLY 997 VOTERS IN THE LAST GENERAL ELECTION.
I think if all La Porte taxpayers knew the City was wasting app. $1,000,000 of their tax money
on local combined projects that are strongly opposed by the local folks These projects are
supposed to benefit; a large wheel barrow wouldn't be able to carry all the signatures... and of
course We will do that through the newspapers if necessary.
As one of the 16 Coordinators for our taxpayers group, I think this is where our group stands:
1. We will actively seek the removal of elected and appointed representatives and of
bureaucrats who defend this Phase 1 road or try to straddle the fence in order to avoid
the "heat".
2. We will present our Petition to City Council during the Oct. 12 City Council meeting.
3. If this Petition is ignored we will repetition the same taxpayers to force an initiative for a
city ordinance to permanently ban this type of assault on our neighborhoods... and with
our Petition signatures exceeding 1/2 the number of voters in the last general election,
We legally can and will do it.
Many thanks from all the taxpayers involved to all the taxpayers who have signed the petition,
attended City Council meetings, spoke before Council, circulated the Petition and letters and
have basically made our system of government work.
Important dates:
Oct. 6- 6:00-9:30 PM -We meet at Farrington Blvd Rec. Center (near the water tower)
for discussion and info sharing. Our consultant Barry Klein will lead some
discussion and answer questions. Mr. Klein is currently also working with
taxpayers to stop the Bayport Shipping expansion project and has worked with
taxpayers to stop Harris County rail transit, Houston Zoning, etc.etc..
Oct.12- Present the Petition to Council at their bi-monthly meeting.
Oct. 27- 7:00 PM- Sylvan Beach Conference Center( Pavilion)- VERY IMPORTANT-
Open Public Meeting to start the Review of the Comprehensive Plan. If we
eliminate this "Highway" from the plan, we eliminate it period. Please attend and
get on the committees and voice your facts and opinions.
Contacts: Kay & Bill Scott (H) 281-470-6685, Jim Adams (H) 281-470-2378
Wayne Knox (W) 281-471-5751
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What's on your mind?
The Houston-Galveston Area Council (H-GAC)
wants to hear what you have to say about the
type of transportation future you want for the
Houston area.
We are holding workshops throughout the
region to identify needs and to discuss issues
that need to be addressed in an update to the
region's current Metropolitan Transportation
Plan (MTP). The area covered by the MTP is
shown below.
The purpose of the MTP is to:
* Identify long-range transportation needs
* Prioritize and fund prograrns & projects
* Provide a forurn for regional problem solving
We have begun the process of updating the
current MTP, called "Vision 2020". The first
phase of the update is to review the current
plan and determine what should be addressed
in the update. To do this, we need your help!
At the workshops we will discuss what the
current plan has to say about transportation
needs in the region and how they were met.
We will also discuss whether there are other
unmet needs or approaches to meeting the
region's requirements into the 21 st century.
.
Want to get involved?
Then attend one of the following workshops:
City of Houston, Harris County,
And Waller County
H-GAC Offices
3555 Timmons, Room 2A
VVednesday,October14,1998
5:30 p.m.
Galveston County
Rosenberg Library - VVortham Auditorium
2310 Sealy Avenue
Monday, October 19
7:00 p.m.
Liberty County, Chambers County,
and East Harris County
Baytown Community Center
Brazoria County
Brazoria County Library - Angleton Branch
401 E. Cedar
Tuesday, October.27
7:00 p.m.
Montgomery County
Montgomery County Library - Conroe Branch
104 1-45 North
VVednesday, November 4
7:00 p.m.
Fort Bend County
Fort Bend County Library - First Colony Branch
2121 Austin Parkway
Thursday, November 5,1998
7:00 p.m.
Remember...
We can address your transportation needs or
issues only if you tell us about them.
After all, it's your future... the
choice is yours!
Eor more information contact Mario Oropeza or Ch'rese Jackson at (713) 627-3200
t' "
In compliance with the Americans with Disabilities Act, H-GAC will provide for reasonable accommodation fOt persons attending
H-GAC functions. Requests should be received by H-GAC 24 hours prior to the function.