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HomeMy WebLinkAbout2000-08-28 Regular Meeting / Mr. Engelken, We would appreciate your viewing the enclosed 23 minute video tape. We think that for those Council members who live in subdivisions with sidewalks, curbs, and quiet streets, it may be hard to see the traffic dangers in Lomax where the main streets are our sidewalks and they fall off into deep ditches. If a picture is worth a 1000 words; then this video speaks volumes about the negative safety impact the Phase 1 Road will have on the children and citizens of this residential neighborhood. The video was filmed from a mail box located 3 ft. from the road edge, looking North in the North half of Lomax School Road. The junction at the stop sign is uP" street. The Rodeo Arena, Fire Station # 3, the ball field, and the Old Lomax City Hall are on the right. A section of North West Park is on the left. The video is compressed from 6 hrs. of taping. The video segments ate lIthe middle of the road" concerning traffic volume and speed. There are times with no traffic for a few minutes, and there are times during special events at the Rodeo Arena when . traffic is much heavier than it is in the vid~o. The segment from minute 7:45 to 15 is continious. Most of the traffic you see whizzing by the stop sign is traveling 50 to 70 miles an hour... through a residential area where residents back out onto the road; children ride their bikes; and residents ride their horses to the arena...all on the same narrow road with the traffic. Minute 2:10 captures our greatest safety concern. When the children on bicycles dart into the road, the car moves intQ the oncoming lane to avoid hitting the . children. This is the safety net that lets us cope with a very dangerous traffic situation in Lomax and it is repeated many times every day. You will see the safety net used 2 'more times in this video. Wilbur Smith and Associates July 27, 1999 technical report on the Phase 1 Road under Recommendations repeatedly emphasis's that the Phase 1 Road will increase traffic through this area... And as the traffic increases our safety net goes away. After viewing the video We think you'll understand why We believe the Phase 1 Connecting Road is not Just a Bad Idea; It is a serious disregard for the public safety of our citizens. We apologize for the out of focus near uP" Street. The camera was focused short range to help you see what it is like to be close to the road with fast traffic whizzing by a few feet away; but it really did not accomplish that. It seems that that experience needs to be first hand so we invite you spend a little time in our neighborhood and get the first hand feel of what it is like to ride a horse, bike, or walk intermingled with fast traffic on narrow roads with steep ditches, and in many areas, no road shoulders. We'll gladly supply the bikes and horses for your experience, Thanks for your time and consideration; c~~~L \ . e MINUTES OF THE REGULAR MEETING OF LA PORTE CITY COUNCIL AUGUST 28, 2000 1. CALL TO ORDER The meeting was called to order by Assistant City Attorney John Armstrong at 6:01 p.m. Members ofCily Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Howard Ebow, Peter Griffiths, Deotis Gay, and Charlie Young. Members of Council Absent: Council persons Alton Porter, Jerry Clarke, and Mayor Norman Malone. Members of City Executive Staff and Cily Employees Present: City Manager Robert T. Herrera, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns, City Secretary Martha Gillett, Finance Director Cynthia Alexander, Assistant Finance Director Mike Dolby, Director of Administrative Services Louis Rigby, Parks and Recreation Director Stephen Barr, Assistant City Secretary Janis Goulder, Public Works Director Steve Gillett, Administrative Assistant Carol Buttler, Purchasing Manager Susan Kelley, Emergency Services Director Joe Sease, Planning Director Doug Kneupper, and Golf Pro Alex Osmond. Others Present: Dr. John Sawyer, David Webb, Jim Schul, Bill Scott, Sib Carpenter, Spero Pomonis, Pat Muston, Barry Abrams, Roy Myers, Aubrey Spears, Pamela Baldwin, and a number of citizens. 2. Council considered appointing a Mayor Pro-Tern to preside at this meeting due to absence of Mayor and Mayor Pro-Tern. Motion was made by Councilperson Sutherland nominating Councilperson Engelken to preside as Mayor Pro-Tern. Second by Councilperson Griffiths. Motion was made bv Councilperson Gay nominating: Councilperson Ebow. Second by Councilperson Young. Motion was made by Council person Sutherland to sease the nominations. Second by Councilpersons Ebow. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: None Assistant City Attorney John Armstrong called for a vote. Votes for Engelken: Sutherland, Engelken, and Griffiths. Votes for Ebow: Gay, Young, and Ebow A tie vote was declared. Council person Engelken changed his vote to Council person Ebow. . . City Council Minutes 8-28-00 - Page 2 Motion was made by Council person Sutherland to approve Counciloerson Ebow as Mayor Pro-Tern. Second by Council person Ebow. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: None 3. Mr. Aubrey Spears - Fairmont Baptist Church delivered the invocation. 4. Council considered approving the minutes of the Regular Meeting and Special Called Workshop Meetings on August 14, 15, & 16,2000. Motion was made by Councilperson Sutherland to approve the minutes of the Regular Meeting and Special Called Workshop Meetings on August 14. 15. & 16. 2000 as presented. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: None 5. PETITIONS, REMONSTRANCES, COMMUNICA nONS, AND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL. The following citizens addressed City Council. M.r. Bill Scott - 1802 Lomax School Road - Addressed council concerning Phase I of the Farrington Road extension. Mr. Scott passed out written material and a video in opposition of the extension. A. Southeast Texas Housing - Pat Muston discussed how SETH has worked with the City of La Porte in assisting purchasing and repairing homes in the city. Ms. Muston informed the council of their award from HUD and their hopes to continue a good relationship with the citizens of La Porte. B. La Porte Independent School District - Dr. John Sawyer, Mr. David Webb, and Mr. Jim Schul presented information concerning the upcoming school bond election. 6. PRESENTATIONS A. Council recognized the Lethal Weapon Softball Team. They recently became the United States Fastpitch National Champions. The Team presented the city with a plaque proclaiming their championship. 7. Council considered approving an ordinance appointing Pamela Baldwin as a member of the Planning and Zoning Commission (term to expire in 2003). Councilperson Chuck Engelken presented summary and recommendation and answered Council's questions. e e City Council Minutes 8-28-00 - Page 3 Assistant City Attorney read: ORDINANCE 2000-2428 - AN ORDINANCE APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONT AlNlNG A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE. Motion was made by Council person Engelken to approve Ordinance 2000-2428 as presented by Mr. Engelken. Second by Councilperson Gay. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: None 8. Council considered approving an ordinance authorizing a grant agreement between the City of La Porte and the Texas Department of Transportation, for routine airport maintenance at the La Porte Municipal Airport. Director of'Public Works Steve Gillett presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-2429 - AN ORDINANCE APPROVING AND AUTHORIZING A GRANT AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF TRANSPORTATION, FOR ROUTINE AIRPORT MAINTENANCE AT THE LA PORTE MUNICIPAL AIRPORT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE. Motion was made bv Councilperson Engelken to approve Ordinance 2000-2429 as presented by Mr. Gillett. Second by Council person Young. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: None 9. Council considered approving ordinances authorizing the execution by the City of La Porte for Industrial District Agreements as outlined below for the term commencing January 1,2001, and ending December 31, 2007 - (see list below for ordinance numbers) 2000:.IDA '14 -AIR PRODUCTS, L.P. 2000-lDA lS-CBSL TRANSPORTATION SERVICES, INC. 2000-IDA-16-GULBRANDSEN TECHNOLOGIES, INC 2000-IDA-17-0XY VINYL'S L.P. (La Porte VCM Plant) 2000-IDA-18-AKZO NOBEL CATALYSTS, LLC 2000-IDA- I9-DRAGO SUPPLY CO. 2000-IDA-20-0XY VINYL'S L.P. (Battleground Plant) 2000-IDA-21-EURECAT, U.S., INC. 2000-IDA-22-DOW CHEMICAL COMPANY 2000-IDA-23-LA PORTE METHANOL COMPANY e . City Council Minutes 8-28-00 - Page 4 2000-IDA-24-ARISTECH CHEMICAL CORPORATION 2000-IDA-25-PRAXAIR, INC. 2000-IDA-26-RELIANT ENERGY, INCORPORATED 2000-IDA-27-LUBRIZOL CORPORA nON 2000-IDA-28-0HMSTEDE INC~ 2000-IDA-29-METTON AMERICA INC. 2000-IDA-30-MlLLENNIUM PETROCHEMICALS INC. 2000-IDA-31-AIR PRODUCTS MANUF ACTURlNG CORPORATION 2000-IDA-32-E.I. DU PONT DE NEMOURS & COMPANY Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-IDA-(see list below for ordinance numbers) - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH (see list below for names) FOR THE TERM COMMENCING JANUARY 1,2001, AND ENDING DECEMBER 31,2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. 2000-IDA 14 -AIR PRODUCTS, L.P. 2000-IDA IS-CBSLTRANSPORTATION SERVICES, INC. 2000-IDA-16-GULBRANDSEN TECHNOLOGIES, INC . 2000-IDA-17-0XY VINYL'S L.P. (La Porte VCM Plant) 2000-IDA-18-AKZO NOBEL CATALYSTS, LLC 2000-IDA- 19-DRAGO SUPPLY CO. 2000-IDA-20-0XY VINYL'S L.P. (Battleground Plant) 2000-IDA-21-EURECAT, U.S., INC. 2000-IDA-22-DOW CHEMICAL COMPANY 2000-IDA-23-LA PORTE METHANOL COMPANY 2000-IDA-24-ARISTECH CHEMICAL CORPORATION 2000-IDA-25-PRAXAIR, INC. 2000-IDA-26-RELIANT ENERGY, INCORPORATED 2000-IDA-27-LUBRIZOL CORPORA nON 2000-IDA-28-0HMSTEDE INC. 2000-IDA-29-METTON AMERICA INC. 2000-IDA-30-MILLENNIUM PETROCHEMICALS INC. 2000-IDA-31-AIR PRODUCTS MANUFACTURING CORPORATION 2000-IDA-32-E.I. DU PONT DE NEMOURS & COMPANY Motion was made by Councilperson Gay to approve Ordinances 2000-IDA's listed above as presented by Mr. Joerns. Second by Councilperson Engelken. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: Councilperson Engelken abstained from Ordinance 2000-IDA-26 - Reliant Energy, Incorporated only. e . City Council Minutes 8-28-00 -Page 5 10. Council considered approving an ordinance authorizing an employment and lease agreement between the City of La Porte and Alex Osmond, for the City of La Porte Bay Forest Golf Course. City Manager Robert T. Herrera presented summary and recommendation and answered Council's questions. Assistant City Attorney read: ORDINANCE 2000-2430 - AN ORDINANCE APPROVING AND AUTHORIZING AN EMPLOYMENT AND LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ALEX OSMOND, FOR THE CITY OF LA PORTE BAY FOREST GOLF COURSE; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND .PROVIDING AN EFFECTIVE DATE. Motion was made by Councilperson Engelken to aoorove Ordinance 2000-2430 as presented by Mr. Herrera. Second by Councilperson Sutherland. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: None 11. Council considered approving casting a vote for a board member to the Texas Municipal League-Intergovernmental Employee Benefits Pool. Director of Administrative Services Louis Rigby presented summary and recommendation. Motion was made bv Councilperson Gay to approve Tom Reid. Cily of Pearland as a board member to the Texas Municioal Leallue-Intergovernmental Emoloyee Benefits Pool as presented by Mr. Rillby. Second by Councilperson Sutherland. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: None 12. Council considered approving casting a vote for board members to the Texas Municipal League-Intergovernmental Risk Pool. Director of Administrative Services Louis Rigby presented summary and recommendation and answered Council's questions. Motion was made by Council person Griffiths to approve Greg Ingham for place 11. Mike McGregor for place 12. Eliseo Valdez Jr. for place 13. and Pat Norriss for place 14. Second by Council person Engelken. The motion carried. e . City Council Minutes 8-28-00 ~ Page 6 Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: None 13. Council considered approving a purchase order to Chevron Pipeline Company for lowering an eight-inch pipeline to facilitate the F 1 0 1 drainage project and appropriate necessary funds. Assistant City Manager John Joerns presented summary and recommendation and answered Council's questions. Motion was made by Councilperson Sutherland to approve the purchase order as presented by Mr. Joerns. Second by Council person Engelken. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: None 14. Consent Agenda A. Consider approval or other action authorizing the purchase of an EZ Marquee from Spectrum Corporation - S. Kelley B. Consider approval or other action authorizing the purchase of street materials from Gulf States Asphalt, Crafco Texas and Prime Materials and Supplies - S. Gillett Councilperson Engelken made a motion to vote on all Consent Agenda items together and approve items presented. Second by Councilperson Griffiths. The motion carried. Ayes: Sutherland, Engelken, Griffiths, Gay, Young, and Ebow. Nays: None Abstain: None 15. ADMlNISTRA TIVE REPORTS City Manager Robert T. Herrera reminded Council of the following events: A. City of Richardson traffic study - Mr. Herrera presented this information to council for their direction. Council directed Mr. Herrera to bring this back to the next council meeting in resolution form. B. Labor Day Holiday observed - Monday, September 4, 2000 C. Annual City Picnic - Saturday, September 9,2000 16. COUNCIL ACTION Councilpersons Sutherland, Engelken, Ebow, Griffiths, Gay, and Young brought items to Council's attention. e . City Council Minutes 8-28-00 - Page 7 17. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, AND 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DELmERATION REGARDING REAL PROPERTY, DELmERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES DELmERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION) A. 551.071 (Consultation with Attorney) Meet with City Attorney on pending claims against city. Council retired into executive session at 7:40 P.M. Council returned to the table at 8:16 P.M., with no action taken. 18. CONSIDERATION AND POSSmLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken. 19. ADJOURNMENT There being no further business to come before Council, the Regular Meeting was duly adjourned at 8: 17 PM. Respectfully submitted, ~~~ Martha Gillett City Secretary Passed nd approved on this lIth day of September 2000. ~ h~#u 7h~~ orman Malo' ~Z ~ . e . . . . e . . . A " . August 7, 2000 City Of LaPorte City Manager-Robert T. Herrera Mayor and City Council P.O. Box 1115 LaPorte, Texas 77572-1115 Dear Mr. Robert T. Herrera: ~., On behalfofthe LaPorte Lethal \Veapon Softball Team, I would like to thank you once again for your generous donation. This was a once in a life time experience for each girl that went to the National's in Panama City Florida and one that will never be forgotten. Our team went undefeated all the way to the championship garne and we took 1st place. Lethal Weapon represented not only Texas, but also the LaPorte area and we are very proud of these young ladies. Again thank you for helping by sponsoring us and giving each young lady a lasting impression and a ton of unforgettable memories. With your help we are the United States Fastpitch National Champions. I -~t t.j' I:. :., ,"; :.,.. . . :. -, e e . . . e e ORDINANCE NO. 2000- A~~S U ORDINUCE APPOIN'1'ING A MEMBER '1'0 THE PLANNING AND ZONING COMMISSION OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE; CONTAINING A REPEALING CLAUSE; FINDING COHPLIUCE WITH HE 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 of the City of La Porte hereby appoints the following member to the City of La Porte Planning and Zoning commission, filling the remaining unexpired term of Sandy Staniszewski, beginning on the effective date hereof, and expiring on May 30th of the year indicated, or until their successor shall have been duly appointed and qualified: District 2 PAMELA BALDWIN 2003 section 2. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. section 3. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. section 4. 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 . . . e e 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. Sec~ioD 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 28th day of August, 2000. By: ATTEST: ~~)<Il11JJ/ Mar ha A. Gillett City Secretary ~~ Knox W. Askins City Attorney 2 e e . August 6,2000 To: Mayor and City Council ~rom: Councilman Chuck Engelken Subject: Planning & Zoning Appointments Ms. Sandy George is the Planning & Zoning Representative for.District Two. Ms Sandy George has recently moved to the City of Shoreacres. Ms Sandy George will not be eligible the serve on Planning & Zoning Commission because she no longer lives within the La Porte City Limits. Also, I have a new recommendation to fill this position. I have attached an application for a new appointment to the Planning and Zoning Commission for City Council's to review. I will try to have Pam Baldwin attend the next Council Meeting for an introduction. Should you have any question please contact me or Pam Baldwin. . CC: Robert Herrera Ma'tha Gillette . . . . e e CITY OF LA PORTE APPLICATION FOR CITY BOARDS I COMMISSIONS NOTE: As an applicant for a City Board or Commission, your name, address and phone number will be available to the press and the public. All other information will remain confidential. You will be contacted before any action is taken on your appoinanent. Incumbents whose terms expire are automatically considered for reappointment, upon request. A member who is absent for more than 25 % of called meetings, for other than medical reasons, will be subject to removal by City Council. Final decisions on appointment and reappoinanent of members of Boards and Commissions rests with the City Council. APPLICANT MUST BE A CITIZEN OF THE UNITED STATES; A RESIDENT OF THE CITY OF LA PORTE; AND A QUALIFIED VOTER IN THE CITY OF LA PORTE. MEMBERS OF THE PLANNING AND ZONING COMMISSION MUST ALSO BE RESIDENTS OF ONE OF THE CITY COUNCn.. DISTRICTS FROM wmCH THEY ARE APPOINTED. Please tvoe or Print clearlv ~ l.2120Oo DATE: Name: l:x1 \ d WIN '\6.rnQJo. L Gr \Q<iw L\ ~~t La. n ~ MI Phone (H) 2~' q 30 1<:(1' I (W)~l Last Address: :,52lo City: La. Q{)-< ~ ~ State/Zip Code: -, 1 51 I Are you a registered voter in the La Porte City limits?:Q) or Did you vote in the last City election?: Q) or N Please indicate your Dreference bv number. 1-2-3. etc.' N ADVISORY BOARDS AND COMMISSIONS Airport Advisory Board Fire Code Review ~omminee DECISION MAKING BOARDS AND COMMISSIONS / Planning and Zoning Commission Zoning Board of Adjustment Civil Service CoIllJIlission SEPARATE LEGAL ENTITIES La Porte Area Water Authority I the undersigned am interested in serving on one of the above Boards / Commissions as~~_ ?/5/:l000 Siguaazl'e or Applicant Dare Revised April 1999 . . . e e BACKGROUND INsrrnmON EDUCATION CITY AND STATE DATE LAST ATTENDED MAJOR ~~\n()~5 ,q~o ~=~:~es/~-i~~~ ~u..~~~iJl) J ~t.l~~I~. Additional Pertinent Information: -- Goals I Objectives: \C\ 'at ~\~ a. ~O- D-Q.hv~ \ \\) MM lcl..UU.u..'4\.J;. \ Attaclm1ents: YES ~ Yau are welcome to attach additional information, such as, resumes, leners, certifications, etc. that further describe your professional ~d personal background. Please return this form and any 3ttachments to: City of La Porte City Seaetary's Office PO Box 1115 La Porte, Texas 77572-1115 Revised April 1999 -. ~ . . . . REOUEAoR CITY COUNCIL AGENDA ITa . Agenda Date Requested: Requested By: S. Gillett epartment: Public Works _ Report _ Resolution XXX Ordinance Exhibits: Ordinance No. 2000- TexDOT Grant for Routine Airport Maintenance Program Agreement SUMMARY & RECOMMENDATION The Texas Department of Transportation, Aviation Division, has Ii grant program designed to assist general aviation airports in Texas with routine maintenance costs. This Program offers up to $20,000 on a 50/50 matching basis. The grant is in the amount of $20,000. The City's matching share of the grant is $20,000. The grant is to remark pavement markings at the La Porte Municipal Airport on runways and taxiways. There is 39,750 square feet of markings required, at approximately $0.85 per square foot, for a total estimated cost of $33,787.50. The City Council is required to approve the Project and certify that funds are available. Currently, $35,000 is available in the Airport Fund (010) to complete this project. . Action Required by Council: Approve Ordinance 00- authorizing the City manager to execute the Airport Project Participation Agreement between the City and the Texas Department of Aviation to remark pavement markings at the La Porte Municipal Airport on runways and taxiways. Availability of Funds: General Fund Water/Wastewater XXCapital Improvement _ Other Account Number: Fund 010 Funds Available: XX YES NO e e . ORDINANCE NO. 2000- 3t~~, AN ORDINANCE APPROVING AND AUTHORIZING A GRANT AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTKENT OF TRANSPORTATION, FOR ROUTINE AIRPORT KAINTENAHCE AT THE LA PORTE KUNICIPAL AIRPORT; KAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SOBJECT; FINDING COKPLI~CB WITH THE OPEN KBETINGS 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 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 documerits on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such . documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the 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 3. This Ordinance shall be effective from and after . its passage and approval, and it is so ordered. . . . e ORDINANCE NO. 2000- "4~tt e P},GE 2 PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~ qilfwil City Secretary APfZ; J Knox W. Askins City Attorney By: ()~ -fO.e- / . . . e e CIJ D\j;, I/Lt/ ./ SeV1:.J -IJr'~iA.M'{ TEXAS DEPARTMENT OF TRANSPORTATION .{br J S'jVI/J(~ GRANT FOR ROUTINE AIRPORT MAINTENANCE PROGRAM (State Assisted Airport Routine Maintenance) TxDOT PROJECT No.: AM 2000LPRTE TxDOT CSJ No.: M012LPRTE Part I - Identification or the Project TO: The City of La Porte, Texas FROM: The State of Texas, acting through the TeXas Department of Transportation This Grant is made and entered into by and between the Texas Department of Transportation, (hereinafter referred to as the "State"), for and on behalf of the State of Texas, and the City of La Porte, Texas, (hereinaftec referred to as the "Sponsor"). WITNESSETH: WHEREAS, the Sponsor desires to sponsor a project for the routine maintenance of a public aviation facility, known or to be designated as the AIRPORT under the Transportation Code, Chapter 22; and WHEREAS, the project is described as airport maintenance at the La Porte Municipal Airport; and . WHEREAS, the Sponsor hereby applies for a grant for financial assistance; and WHEREAS, the parties hereto, by this Grant, do hereby fix: their respective responsibilities with reference to each other and with reference to the accomplishment of said project. NOW, TIIEREFORE, for and in consideration of the benefits which will accrue to the parties hereto by virtue of the completion of the project, IT IS MUTUALLY COVENANTED AND AGREED as fonows: Page 1 of 12 AVN4301~ (312000) . .. . . . RRQl90R c.ITV C.OITNC.TT. AGRNllA 1TKe Agenda Date Requested: August 1R, 1000 .Requested By: John Joems _ Report _ Resolution X Ordinance Department: Administration Exhibits: I. 19 Ordinances and an Industrial District Agreement SUMMARY & RRC.OMMRNllATTON The City and Industry have agreed to renew the provisions of the Industrial District Agreement for another seven-year period. The current agreements will expire December 31, 2000. The City mailed 61 Industrial District Agreements in March 2000. On June 26, City Council approved 12 agreements. Nineteen additional industries have returned executed agreements complete with Exhibits A, B, & C. These (19) will be considered by City Council for execution. The other agreements will be presented to City Council as they are received and reviewed by City staff. Staff recommends City Council authorize the execution of Industrial District Agreements with the following industries: . Air Products, L.P. . CBSL Transportation Services, Inc. . Gulbrandsen Technologies, Inc. . Oxy Vinyl's L.P. (La Porte VCM Plant) . Akzo Nobel Catalysts, LLC . Drago Supply Co. . . Oxy Vinyl's L.P. (Battleground Plant) . Eurecat, U.S., Inc. . Dow Chemical Company . La Porte Methanol Company . Aristech Chemical Corporation . Praxair, Inc. . Reliant Energy, Incorporated . Lubrizol Corporation . Ohmstede Inc. . Metton America, Inc. . Millennium Petrochemicals, Inc. . Air Products Manufacturing Corporation . E.I. Du Pont de Nemours and Company Action Required by Council: Consider approval of Ordinances 2000-lDA-14 through 2000-IDA-32 authorizing the execution by the City of La Porte of the Industrial District Agreements listed above. Availability of Funds: _ General Fund_ Wate~/Wastewater _ Capital ImprovemenL- General Revenue Sharing _ Other Account Number: Funds Available: . YES NO Robe City . e e . ORDINANCE NO. 2000-IDA-14 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR PRODUCTS, L.P., FOR THE TERM CODENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Sect:iOD 1. AIR PRODUCTS, L.P. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Sect:ioD 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf . of the City of La Porte, the industrial district agreement with the corporation named in section 1 hereof. Sect:iOD 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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 not~ce and the contents and posting thereof. . Sect:iOD 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . . . e e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: 0'f! dJdIi fl,/) - if-uui Martha A. G~llett City Secretary APPROVED: ~zJ Knox W. ASkins, City Attorney By: 2 . . . e e City of La Porte Established 1892 August 30,2000 Air Products, L.P. Attn: Tax Department 7201 Hamilton Blvd. Allentown, PA 18195-1501 Re: . Industrial District Agreement (IDA) (Series 2001-2007) Dear Gentlemen: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your fIrm and the City of La Porte, effective January 1,2001, for the term expiring December 31, 2007. I also enclose a certifIed copy of the City's approval ordinance, for your records. This year's negotiations went very smoothly and I wish to thank you for your cooperation. Both City Council and I appreciate the positive relationships with Industry that these agreements have fostered. If my office can evef be of assistance. to your firm, please do not hesitate to call. Respectfully, ~~ \0 "'~ Robert T. Herrera City Manager Enclosures P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 I I ".' , J . i . . . e . NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Air Products, L.P. , a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the city and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this city Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter COllectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW I THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of city'referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 . . . e e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by city, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "c" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by city, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 . . . e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. c. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to Ci ty if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 . . . e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount'of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would' be payable to ci ty on all of the Company"s tangible personal property of every description, located in an industrial district of city, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicab~e Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 e e . in accordance with the applicable provisions of the Texas Property Tax Code. ' wi th the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. . This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter unti I December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on city in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between city and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for ,any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have thE;! right to take all legal steps desired by it to reduce the same. . Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, "plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to Ci ty in accordance wi th the 5 . . . e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree wi th any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the Ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submi t the dispute to final arbi tration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to tl\e fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e . expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 1.71., "General Arbitration", Texas civil Practice,and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by iaw for delinquent taxes. VIII. . This Agreement shall inure to the benefit of and be binding upon ci ty and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenant~ running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of. assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into. a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect} which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable termS of such agreement or renewal agreement. X. . The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 . . . e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. L.P. (COMPANY) Title: Address: asey Vice President & Treasurer c/o Tax Dept. 7201 Hamilton Blvd. Allentown, PA 18195 ATTEST: ~~ a, lJJ.uUA. it .Secretary By: ~'ZR~~~ C~'. / t: - l1' W lo'?- o ' an L. :tone Mayor a:::;~d Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 (1(~ -r: ~~ Robert T. Herrera City Manager By: CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471.:."2047 8 e - "EXHIBIT A" . (Metes and Bounds Description of Land) . . , . r ~.:-.. . . :tJ1' >> - " - . ..- . . -~-' ---" . -" . . -" .. : . \. \. .. EXHIBI-T=A - ~ ...... =.,- (1) 18.861 acres of land of the Strang Subdivisio~ of a part of the Enoch Brinson Survey in Harris County, Texas, described in deed to Company from Bruce Barkis and wife, Marie A. Barkis, dated April 6, 1967, .recorded in Volume 6720, page 179 of the Deed Records of said county; (2) 9.484 acres of land of the Strang Subdivision of a part of the Enoch Brinson Survey in Harris County, Texas, described in deed to Company from Thomas T. Chase et a1.dated April 20, 1967, recorded in Volume 6753, page 39 of the Deed Records or said county. (3) 11.98 acres of land out of the Enoch Brinson Survey in Harris County, Texas, described in deed to Company from Daisy ~'ae Hershberger, dated 18 March 1977, recorded in the Deed Record of Harris County, Texas, . County. Clerk's File Number FO 88954, .Film Code 161-18-0176. (4) 5.52 acres of an original 7.19 acre parcel of land out of Lots 41 and 42 of the Strang Subdivision in the Enoch Brinson Survey in Harris County, Texas, described in deed to Company from Edward A. Chapman and wife, Na1ta 'Chapman, dated 18 March 1977, recorded .in the Deed Record of Harris County, Texas, County Clerk's File Number F 088269, Film Code \ 161-17-0494. (5) 16.16 acres of land out of and part of Strang Subdivision in the Enoch / Bri nson Survey (Abs-tract: 5) in Harri s County, Texas, descri bed indeed to Company from The A-B Chemical Corporation, dated 5 May 1978, recorded in the Deed Record of Harris County, Texas, County Clerk's File Number F 599060, . F.i.1m CQde .195-Q.4-06] 8... (6)' Land leased to Air Pr:-eeuG..ts and Chemicals, Inc. from Diam~nd Shaii!rock Corporation. One (1) acre of land of the Arthur r1cCormick'Survey Abstract No. 46. Harris County, Texas. ~eing a part of the 220.28 acre tract of land conveyed to Diamond Shamrock Corporati,on by Phillips Petroleum Co., by deed dated 30 Nay 19iO, recorded in the Deed Records or Harris County, Texas, County Clerk's File No. D 605635, Film Code 145-26-2538 and a 75.57 acre tract conveyed to Diamond Shamrock Corporation by Phillips Petroleum Company by deed dated 30 September 1970. ee ee '''EXHIBIT BII . (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) . . ee _e. . "EXHIBIT .e" Page 1 of 2 RULES AND REGULATIONS Any' portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following ~ules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibi t "A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square fe~t in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-Of-way. . . Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shal'l be ten (10) fee~ from property lines. 2. When Land adjacent to said 100' strip is ~eveloped, the initial ,50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing.trees shall, together with other vegetation and underbrush, create a continuous visual screen. . b). The use of earthen berms with approximately 3: 1 side slop~s, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. . . .' ee ee "EXHIBIT e" Page ,2 of 2 c) A screening plan, to be approved by the City, that includes a combination of t.rees, shrubs, and, qround cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and qround cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the' actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50 I landscape easement is not available or practical, Company shall meet with ci ty to determine a sui table landscaping alternative. 3. Driveways opening from said strip of land onto state Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is .more restrictive. Dr i veways opening from said strip of land onto' Fairmont Parkway shall be subj ect to the rules and. regulations of Harris county and provisions of the City I s Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the ci ty and may require the 'installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. e . . ORDINANCE NO. 2000-IDA-15 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN XNDUSTRIAL DXSTRICT AGREEMENT WITH CBSL TRANSPORTATXON SERVXCES, XNC., FOR THE TERM COHKENCXNG JANUARY 1, 2001, AND ENDXNG DECEMBER 31, 2007; XAKING VARXOUS FINDINGS AND PROVISIONS RELATXNG TO THE SUBJECT; FXNDXNG 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. CBSL TRANSPORTATION SERVICES, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf . of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the 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 f~rther 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. . . . e e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~~Q.&-wl Mar ha A. Gillett City Secretary ~,ryL1W'2 Knox W. Askins, City Attorney By: 2 ~.fa'l- .' -- . City of La Porte Established 1892 August 30,2000 CBSL Corporation Attn: Tom Heaney, President 4750 S. Merrimac A venu~ Chicago, IL 60638-1439 Re: Industrial District Agreement (IDA) (Series 2001-2007) Dear Mr. Heaney: . Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January 1,2001, for the term expiring December 31,2007. I also enclose a certified copy of the City's approval ordinance, for your records. This year's negotiations went very smoothly and I wish to thank you for your cooperation. Both City Council and I appreciate the positive relationships with Industry that these agreements have fostered. If my office can ever be of assistance to your fmn, please do not hesitate to call. Respectfully, 6<~ T. ~ Robert T. Herrera City Manager . Enclosures P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 . e NO. 2000-IDA-~ { . { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT - - ~ fi: l'nJ ,- " .. . '.. '/1' I~ I.. I, ./ \' " i.... I . I . , r" . r~ I' fJ I, I 'f ~ U r-~-'''-~"",:,:-..;-~:.:-. i . I. . ., IU'rUli J i I: . 'I . t I ; MAY - 4 2000 II U : i i ~ . Jl..jl: ASST. CITY MANAGER I _ C::FICE .J This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and C/3J'L -r"~N'..I"PY1'.,r~,/"""'r~;-.,:Lr~ .tf'AI'~. , a / LL/'#Pj..i corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and . WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and . WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally descri,.bed on the attached Exhibit "A" (hereinafter "Land") ; and said Land'being mOre particularly shown on a plat attached as Exhibit "B", which plat describes the ownerShip boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the . mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City~referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 . . . e e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C"and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the TexaS Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris county Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements,. and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by city, at city's expense, by an independent appraiser of City.' s selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessi ty appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 . . . e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similfilr form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection 0, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem. taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to fil~ a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to city an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to city and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 . . '. e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would ,be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mirieral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicab~e Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 . . . e e in accordance with the applicable provisions of the Texas Property Tax Code. ' wi th the sum of 1, 2 and 3 reduced by the amount of Ci ty 's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacte~ by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any 'such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, "plus (b) the total amount of the "in lieu of taxes" on the 1.inannexed portions of Company's hereinabove described property which would be due to City in accordance with the 5 . . . e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company' has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to be the market value of company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/ or submitted to City by Company hereunder, or the total assessment and "in iieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.S. District Court for " the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e . expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. . This Agreement shall inure to the benefit of and be binding upon ci ty and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either VOluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into,a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. . The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the'event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e e . corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Aqreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. . ENTERED INTO effective the 1st day of January, 2001. caS" L -rr~,A//flI7Y1'" 1j'o..v 5'erv,'L..J (COMPANY) By: ..'.' ..I>g'~'f~~/J~ Name: L.;tI''''V'J'- /! /.3 v,v'V,,, Title: C~~".,IJ..'" Address: 47 r I:) .r. /f-1 (",,.l~4 L. A vC ~#/LA~o,11- ~ol.")'=i . . ATTEST: ~ ~6., (1. JJM. cit Secretary By: 1c.~ ~~ Knox W. Askins City Attorney City of La porte P.O. Box 1218 La Porte, TX 77572-1218 By: Q~ T~ ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: (281) 471-1886 . Fax: (281) 471~2047 8 e e "EXHIBIT A" . (Metes and Bounds Description of Land) . . - e "EXHIBIT A" . TO INDUSTRIAL DISTRICT AGREEMENT BETWEE~1 THE CITY OF LA PORTE AND CBSL Transportation Services, Tnc, LEGAL DESCRIPTION OF PROPERTI All th:lt c::nain 12..0000 ac:-e (521, i:!O squa:c: f~~t) trac: of land out of the William Iv!. Jor:es Survey, Abstt:!.ct ~o. 48:!. Hartis County, T e:c:lS, same being a p~ of Tract 2 of 3. Hi9ASO ac:e tract of l;md conveyed :0 ARea P:p~ Line Company by Atlantic Riane!d Comp"-'lY by Deed recorded in Harr=~ County Clerk~s File: No. U48i94, said 12.nOOO acre: tract being mor~ partic.1larly des(.,;bed by metes aml bounds as follows: be:U-\ngs all! based on said De:=d: . BEG~~'1NG :It a 5/8 ine iron rod s.:: in the south ri~t-of-way line or F;tirmont Parkw:l.Y (based on a width of 250 fee:), at its inte:"sec:ion wiLh the: \V~~t right-at-way 1i!1~ of Bay Park Ron.d (based ou a width of 1UO fe::t), for the nonbe:.lSt comer of said Tr:;.c: 2 and tbe herein des~:ibed crac:; THENCE. S0uth 020 2i' 59" E:lSt, :!.long md ~ith said wes~ right-af-way line, a dist:mc~ of 1020,01 fe::: to a Si8 inc:t iron rod set for the south~:tst corner of the herein described trac."t; tHEXCE. South 86" 52' 3'r W cst. de';)arting from :i'uid west right-0f-w:lY line. a distanc: of S 12.50 fe~t to :J. 5/8 inc~ iron rod Sc::t for the Southwe:il comer of the hc::-em d~s.:ribed U:lct; THE~CE. Nortb 02027' 59" West. a di:itance of 1020.01 fee: :0 :J. 5/8 inch iron rod set in the: said south right-or-way line ror the northwest ~orner of tbe herein described tract; ~NC.E~ NQr~h 860 52' 37" E~t. along and with said south rig.f}t-of-way line, 3. dist:i.nc: of 512.50 feet and retur:ring to tbe POmT OF BEGI~"NL.'lG, and co11t:llning 12.0000 aC:'es oi land. . . e "EXHIBIT A" e TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN TIlE CITY OF LA PORTE AND CBSL TRANSPORTATION SERVICES, INC. LEGAL DESCRlPTION OF PROPERTY A tract of land containing 2.3417 acres being a 100 feot wide strip adjoining and being easterly to a 23.4072 Acre Tract being part of and OU~ of Tract II of those three trac~s c: parcels of land compriaing a called 169.450 Acres, all as deacr1bed in Clerk's File No. LB48794 in the Harris Coun~y Clerk's Official Public Records of Real Property, in the William M. Jones Survey, Abst=ac: Nc. 482, in Harris Co~ty, Texas; said 2.3417 acres being ~ore particularly described by metes and bounds as follows: COMMBNCING at found Copperweld ~urr.ber 2856, :narking the intersection of the south line or Fairmont Pa=kway (250 feet wide) with the eas~ line of a 230 foot wide Harris Coun~y Flood Control District righ:~o(-way for Big Island Slough as recorded in Volume 8260, Page 124 of the Deed Records of Harris County, Texaa; . THENCE, N 56 deg. 52'3711 E, alo:'lg the south l:;,ne of Fai::::'i.lont Parkway (250 feet wide), at a distance of 1,679.5S feet psss the Northwest cor~er of a 23.4072 Acre Tract, and continuing for a total distacce of 2,438.07 teet to a 3/S-inch iron rod set for the POINT OF BEGINNING; same being che Northeast corner of said 23.4072 Acre Tract; THENCE, N 86 deg. 52'37/1 E, continuing along the south line of Fairmont Parkway (250 feet wide), for a distance of lJO.Ol feet to a 5/a-inch ircn rod set tor co~ner, aame being the Northwest corner of a called 12.COOO Acre Tract, as cescribed in Clerk's File No. P001997 of the Harris County Clerk's Official Public Records of Real Property; THENCS, S 02 deg. 27' 59" E, along ehe west line cf said. callee l'2.00C Ac~e Tract, for a dist~'ce of 1,020.01 fee~ to a S/a-inch iron rod set for corner, same being the Southwest corner of said 12.0000 Acre Trace, en a northerly ~ine of the s~id 23.4072 Acre Tract: 'I'HEN=E, S 85 deg. 52'37" W, a:ong a northerly line of t::e said 23.4072 Acre Tract, for a distance of 100,01 teet: to a SIB-inch iron rod set: for corner, same being a reentrant corner ef said 23.4072 Acre Tract: THENCE, N 02 deg. 27'59" W, along an easterly line of sai::i 23.4072 Acre Tra=t, fer a distance of 1,C20.01 feet to the P:A=~ OF BEG:NNING, of a tract co~~ai~ing 2,3417 acres of land. . . e "EXHIBIT A" e TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN'IHE OTY OF LA PORTE AND CBSL TRANSPORT AnON SERVICES, INC. LEGAL DESCRIPTION OF PROPERTY A tract of land containing ~.3417 acres, more or less, being a 100 toot wide strip being part of and out cf Tract II of those three tracts or parcel~ of land comprising a called 169.450 Acres, all as described in Clerk's File No. L848794 in the Harris County Clerk's Official Public Records of Real Property, in the William M. Jones Survey, Abstract No. 482, in Harris County, Texas; said 2.3417 acres beins more particularly described by metes and bounds as follows: COMMBNCING at found Copperweld Number 2856, marking the intersection of the south line of Fairmont Parkway (250 feet wide) with the east line of a 230 toot wide Harris County Flood Control District righc-of-way for aig Island Slough as recorded in Volume 8260, Page 124 of the Deed Records of Harris County, Texas; . THENCE, N S6 deg. 52' 37'1 E, alons the south line of Fairmont Parkway (250 feet wide), at a distance of 1,679.56 feet pass the Northwest corner of a 23.4072 Acre Trace, and continuing for a total distance of 2,338.06 feet to a 5/S-inch iron rod set for the PLACE OF BEGINNING; THENCE, N 86 deg. .52'37" S, continuing along the scuth line of Fa1rmont Parkway (250 feet wide), for a discance of 100.0 1 feet eo a S/8-inch iron rod set for COrner; THENCE, S 02 deg. 27'59118, along the west line of a 2.3417 Acre Tract out of the aforesaid 169.450 Acre Tract, for a distance of 1,020.01 feet to a 5/8-inch iron roc set for corner, same being the Southwest corner of said 2.3417 Acre Tract; THENCE, S 86 deg, ~2'37n W, for a distance of 100.01 fee~ to a S/S-inch' iron rod. set for corner; THENCE, N 02 d89. 27'59" W, for a distance of 1,020.01 feet to the PLACE OP BBG!NNING, of a tract containing 2.3417 acre~ of land. . e "EXHIBIT A" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND CBSL TRANSPORTATION SERVICES, INC. e . LEGAL DESCRIPTION OF PROPERTY METES AND BOUNDS DESCRIPTION TRACT ONE - 4.6242 ACRE TRACf A tract of land containing 4.6242 acres being part of and out of Tract II of those Cthrl eek~F~tsl oNf parLc8e418s709f41~dthcomHPri~incg a calle Cd I 16k?.405ffiO ~calreps, albl~ asRdescnd'bedf in al 0 er s I e o. In e ams ounty er s ICI u IC ecor soRe Property, in the William M. Jones Survey, Abstract No. 482, in Harris County, Texas; said 4,6242 acres being more particularly described by metes and bounds as follows: COMMENCING at found Copperweld Number 2856, marking the intersection of the south line of Fairmont Parkway (250 feet wide) with the east line of a 230 foot wide Harris County Flood Control District right-of-way for Big Island Slough as recorded in Volume 8260, Page 124 of the Deed Records of Harris County, Texas; '. . THENCE, N 86 deg. 52' 37" E, along the south line of Fainnont Parkway (250 feet wide), for a distance of2,140.58 feet to a capped 5/8-inch iron rod set for ~he PLACE . OF BEGINNING; THENCE, N 86 deg. 52' 37" E, continuing along the south line ofFainnont Parkway (250 feet wide), for a distance of 197.49 feet to a capped 518-inch iron rod set for comer, same being the Northwest comer of a 2.3417 Acre Tract, as described in Clerk's File No. S939476 of the Harris County Clerk's Official Public Records of Real Property; THENCE, S 02 deg. 27' 59" E, along the west line of said called 2.3417 Acre Tract, for a distance of 1,020.01 feet to a capped 518-inch iron rod set for comer, same being the Southwest comer of said 2.3417 Acre Tract; THENCE, S 86 deg. 52' 37" W, for a distance of 197.49 feet to a capped5/8-inch iron rod set for comer; THENCE, N 02 deg. 27' 59" W, for a distance of 1,020.01 feet to the PLACE OF BEGINNING, ofa tract containing 4.6242 acres of land. - ---- . e e . EXHIBIT "A-1" TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE, TEXAS, AND CBSL TRANSPORTATION 1. City and Company agree that the real property of Company, more particularly described on Exhibit "A" of this Industrial District Agreement, is presently unimproved, and unannexed to the City, except for existing "strip" annexations, if any. City and Company further agree that Paragraph I hereof is hereby amended, to provide that during the term of this Industrial District Agreement, and for such period of time that said real property remains unimproved, that City will not annex said property; provided; however, City reserves the right to conduct "strip" annexations as may be required by law in connection with annexation of land other than that owned by Company. Company agrees to render to City and to pay as "in lieu of taxes" on Company's said unimproved land, an amount equal to the sum of 100% of the amount of ad valorem taxes which would be payable to City if all the hereinabove described property of Company had been within the corporate limits of City and appraised each year by City's independent appraiser. . 2. The provisions of the preceding paragraph hereof shall remain in full force and effect during the term of this Industrial District Agreement; provided, however, at such time as Company commences improvements to Company's hereinabove described real property, Company shall be entitled to pay an amount "in lieu of taxes" on Company's land, improvements, and tangible personal property on the above described property, in accordance with Paragraph III of this Industrial District Agreement. 3. Company agrees that the real property of Company herein described shall not be used as a site for commercial hazardous waste incineration, i.e., incineration of hazardous wastes generated offsite; provided, however, city does not waive its rights reserved under Paragraph I of this agreement. 4. Except as amended by the terms and provisions of this Exhibit "A-1", the terms and provisions of the Industrial District Agreement, to which this Exhibit "A-lit is attached, shall remain in full force and effect for the term of this Agreement, expiring December 31,. 2007. ENTERED f~O~effective the 1st day of January, 2001. CBSL TRANSPORTATION By: CZA-," /'. /3___.._ Name: ~""'wJ'A/ /! /3v-'~"? Title: c.~_7'~.IJ."/ . e e "EXHIBIT B" . (Attach Plat reflecting the ownership boundary lines; a si te layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) . . . e . "EXHIBIT e" Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit" A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for multiple businesses shall not exqeed 350 square feet. . . . Freestanding identification signs shall not exceed 45 feet in height. . . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of 'said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. . b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. . . . . e "EXHIBIT e" Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation, and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that. is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where, a 50' landscape easement is not available or practical, Company shall meet with Ci ty to determine a sui table landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or state Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and . provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway Shall be subj ect to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and city. . . . e e City of La Porte Established 1892 May 5, 2000 CBLS Transportation Services, Inc. Attn: Tax Department 4750 So. Merrimac A venue Chicago, IL 60638-1439 Gentlemen: Re: Industrial District Agreement (IDA) (Series 2001-2007) Gentlemen: Two executed originals of the Industrial District Agreement (IDA) were received from you on May 4,2000. While reviewing the documents for completeness, we noticed your firm did not furnish an Exhibit "B". If you warrant that Exhibit "B" furnished for the previous IDA (Series 1994-2000) is current; we will attach the previous Exhibit "B" to both originals. If changes have occurred, please send us (2) copies no later than June 1, 2000. Please indicate your acknowledgement and agreement by signing and returning this letter. Once these matters are resolved we will present these documents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding this 'matter call John Joerns at (281) 471-5020. Thank you for your cooperation in this matter. Sincerely, G?~ T. \-t~ Robert T. Herrera City Manager Use previous "Exhibit B" New Exhibit "B" to be furnished Yes o o No o o (Company) By: Name: Title: Address: P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e #S~f:..~\~__.__ --- --.- _h_____ -- -- m May 23, 2000 Mr. Robert T. Herrera City of La Porte PO Box 1115 La Porte, Texas n572-1115 Dear Mr. Herrera: Enclosed please find two copies of current Exhibit "B" plat of surveys along with two copies of the corresponding Exhibit "A" legal descriptions for aU parcels of land owned by CBSl in the Industrial District. Please attach these to our current Industrial Distrid Agreement ( Series 2001-2007). Thank you for your assistance with this matter. Sincerely, . ~. /? /3~ Edwin P. Bunyea Controller . 4750 South Merrimac Ave. ". Chicago, llIinois 60638 · 708-496-1100 · Fax 708-496-0035 . . . e e 'I I ' , ': ' <?ITY OF.LA PORTE '. I N T E R 0, F Fl C E M E M 0 RAN 0 U M August 18, 2000 TO: File FROM: Crystal Scott, Secreta SUBJECT: Industrial District Agreement (Series 2001..2007) 7 companies weremailedanExhibitA-I.This exhibit is for companies who have vacant property at 100% tax rate. CBSL was mailed an Exhibit A-I and it was signed and returned to the City. CBSL has improvements on its property, therefore, A-I was not necessary. Knox informed the City that CBSL signing A-I will not hurt the IDA. JJ/cns . e ORDINANCE NO. 2000-IDA-16 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GULBRANDSEN TECIIHOLOGIES, INC., FOR THE TEaK CODENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Sec~ion 1. GULBRANDSEN TECHNOLOGIES, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. sec~ion~. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all'tim~s 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. Sec~ion 4. This Ordinance shall be effective from and after its passage and ap~roval, and it is so ordered. ATTEST: e e PASSED AND APPROVED, this 28th day of August, 2000. By: Knox City ct-J -Fo-r 2 .e e City of La Porte Established 1892 August 30, 2000 Gulbrandsen Technologies Attn: Tax Department P.O. Box 5523 Clinton, NJ 08809-5523 Re: Industrial District Agreement (IDA) (Series 2001-2007) Dear Gentlemen: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January 1,2001, for the term expiring December 31, 2007. I also enclose a certified copy of the City's approval ordinance, for your records. This year's negotiations went very smoothly and I wish to thank you for your cooperation. Both City Council and I appreciate the positive relationships with Industry that these agreements have fostered. ' If my office can ever be of assistance to your firm, please do not hesitate to call. Respectfully, Q~ T: ~~ Robert T. Herrera City Manager Enclosures P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e . NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT ;1~}T(f I~ I : I~l MA: -:-:~ - " :: L : I . ASST. C1T'f 5A:\~I;~GER-' L..-.-__r:':r:'(~:: . ", -. . I ~ j ..! r This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and C;\J~tANDSeN ~*Ni)Lce::,.;~5. IIJ~. ,a JJeJJ Jerulilf.1 corporation, hereinafter called "COMPANY", } WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land wi thin a designated Industrial District of the city of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and .said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing 'all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of . industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: , ~ NOW, THEREFORE, in consideration of the premises and the mutual agreements of. the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City'referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 / e e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised valUe for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris county Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 -.......---. .. ---...- e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection 0, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. .On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st, of the current calendar year ( "Value Year"). D. Company agrees to render to City and pay an amount "in lieu of taxes". on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 e e each year by city's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by city's independent appraiser, in accordance with the applicable . provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. ec) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to city on all of the company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. wi th the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1,1994..'20"" "Ik<l/.., V. This Agreement may be extended for an additional period or periods by aqreement between city and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. ' Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, "plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance wi th the 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree wi th any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the mark.et value of company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon ci ty and Company, and upon Company's successors and assigns, affiliates and SUbsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If city enters into an Agreement with any other landowner with respect to an,industrial district or enters into ,a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In th~ event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 ... . e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the applicatioh, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreem~nt shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. ~(JL6.~SerJ \ef:,tWZlLo~ I ~ ,,Ie.. ~ ( COMPANY) ATTEST: '_~/l. !{J..iHx Ci .secretary By: k~~~ Norman L. Malone Mayor ~ By: G~ T. ~ Robert T. Herrera City Manager Knox W. Askl.ns City Attorney city of La Porte P.O. Box 1218 La Porte, TX 77572-1218 CITY OF LA PORTE P.O. Box 1115 La porte, TX 77572-1115 Phone: (281) 471-1886 Fax: (281) 471-~047 8 It e "BXHIBIT A" (Metes and Bounds Description of Land) . e 130-/8-/884 EX:!I:;!:' nA" ~c acres ot land in Lot3 36, 37 and 38 of ehe Strang :ubcUv1:s10n i:: the EllOC::l 3:O:':"130n ,'u:"ve~', ~~st:"ac~ ~o. 5, Harri3 Coun~7. ~exas. a~cord~ng 4r to the pl~t thereo! recorded 1n 1ol~~e 75. Page 2Z o~ ~he Harri. County dee~ records, being par~ o~ :~c land conye~ed by Olive H. Oooe ~. ~. J. Kl'1~ nr "1 hll ...11 ..... a=l.....l__ LI, 1'111, ............. ','olu.:r.e U96. Pase 725 or e:.e Harris ':C1.:ntr deed r~ccr~~, said 20 acres being ~Ore pa:~1e~larly 11'~;:'::led a:: follows: L ,V ~~r.::mING at an ~rcr. rod ~n the north l~r.e o~ Stran; Road ~as.~ e~'a w~4tt of 00 teet. wbi~h iron rod 1s loc~ted at the ~oint or intersection o~ sa:.d north .1ne 0: Stra::g ~oad W1~h the we~t l1ne o! an S.~r.4 ~cr~s tract conv'led by E. J. Klein ct a1 to :.h~ !!O\1$:on L1ghti::g and Power Company by deed c1atec1 ':'..:.~ :?~. 1953, and reCOrtled 1:: "oll..:-.. 26il3.. Page 15l n!' t.he HA:,ris Count:! dee~ rc,:c:"C!.3; ':'H:::::::=: ~l.O"C7''ri. 6:'1 reet alo:1E; the \r,;U: :1n~ o~ $~~~ a.50~ ae~es ~rac: anc t~e ~pst l!r.r. ot an ea~e=er.t zranted tv t~. ~. & ~.C. ?.R, Co. ~~ t~~ ;:,;.. ~ 1'; In rn in ~rnn nn~ ~r::lntnrt '.inn. JM::) r~et and S.O.071E. 7lS.25 ree~ rrc~ ~~ t~on pipe at rill ......L.' Jl~..~. vJl L.l. !(: ~.. .....!.J ",..L.J.l...l.~."UI ~::t...'tl.t.. ~c:s: l087'.6!1 ~ee: tc....ar: .!.:on-:-c.c!; ~H!-:::C::: S.~C'C;'E. 201 re~t :0 an ~:-on roc! 1:-: the ::nreh l~nC' o~ Str:l.r:.C ~oa~ ~a~ctJ e:: :l ~:~~:: or ':: !'''lI to ; ':'!:!.:~:~~ East 1087.64 rl'; ;~lfni ;nC ii.i~:J 11 fir or "J:~.!.\: ~O^~ :0 the P:....~:. CPO J5Ea..NN:~G. t>~.. !"LeDf ~~A . · CIJt....r., ':\..11& ....1111.. CQI," "'P. ,.. II 18 io.It'lM 1!7S . .:;J .-. :;/ V":"/ STATE or 'bAS COI.:H'" 0' "All"" I _...., ~..II'., ,...., ..... ...lru_ .... "LfO .. 'u. HuftlOl'. Saal'___ o~ ,... ....,. .''''J It _ ...... ou,",_ -..... lI'I "'.; ..... .... dol'. "teO"oeo. III "" ""1c1M Il\IoIoc: 1l~0I~ 01 II.... P'''Cl<,ft, ^, It,l...a Cou"..,. T.... l1l'i , I ~ - NDv 181975 ~" ~A"tD.- '1J ~~. . COUN!'t CURtI. ~. '.". . l. ,... ... - ~~'I.... ~-'.,,'- fi r r. JlETu:. "~ : .:; -;I::.~.:.' -.: .0, ,: ~:.l:Fi.^ND t::-.... ~. :':':.:~i:"J "l,-".~... ..: .........; /;~ EXHIBrr A "'-:-.'- i ,,_.:. ! " ,:,.. r:. ,Co" o....~ . e "EXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) e e "EXHIBIT e" Page 1 of 2 RULES AND REGULATIONS Any portion of Land- constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit" A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. . Fre~standing identification signs for mUltiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. ., b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. e e "EXHIBIT e" Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in h~ight and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with ci ty to determine a sui table landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or state Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and ,provisions of the City's Code of ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. Rece i ~'ed Jun-99-99 11: 24 from Sent by: GULBRANDSEN CO INC _7350983 9987359983 ~ GUlBRANIEN TECH page 1 08/09/00 12: Job 538 .page 1-11 'm' ffi@rn u ~ o ~._' .' JUNt. I: . ~ City of La Established 1892 TV MANAGER FFICE June 5. 2000 ~b" _~€ (.t~\v-. 1"D~ { ~8' [- 47lv "c'irz- Gulbrandsen Technologies. Inc. Attn: Tax Department P.O. Box 5523 Clinton. NJ 08809-5523 Rc: Industrial District Agreement (fOA) (Series 2001-2007) Oc:ntlc:mc:n: Two executed uriginals of tbe Industrial District Agreement (IDA) were received from yuu on May 24, 2000. While reviewing the documents for completeness. we noticed your firm did not furnish an Exhibit"A". Please send us (2) copies no later than June 30.2000. Once these: matters are resolved we will prcscnt these documents to City Councillor approval and we will return an original set to you. If you have any questions or concerns regarding this matter call John Joerns at (281) 471-5020, Thank YOll for your cooperation in this matter, Sincert:ly. <J~\)-l.......",~ ,. \-\~.",~..._ Robert T. Herrera City Manager I'll B\..~ III"; . 1.,1/'''rL~'.Ii::\.1:-7;~i2 III." . ._:l"ll";-I..;II~\! 11/5 e e City of La Porte Established 1892 June 5, 2000 Gulbrandsen Technologies, Inc. Attn: Tax Department P.O. Box 5523 Clinton, NJ 08809-5523 Re: Industrial District Agreement (IDA) (Series 2001-2007) Gentlemen: Two executed originals of the Industrial District Agreement (IDA) were received from you on May 24, 2000. While revieWing the documents for completeness, we noticed your firm did not furnish an Exhibit "A". Please send us (2) copies no later than June 30, 2000. Once these matters are resolved we will present these documents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding this matter call John Joems at (281)"471-5020. Thank you for your cooperation in this matter. Sincerely, ~~ T ~.~ Robert T. Herrera City Manager P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e ORDINANCE NO. '2000-IDA-17 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEKENT WITH OXY VINYL'S L.P. (LA PORTE vex PLANT), FOR THE TERM COMMENCING JANUARY 1, 2001, AIm ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AIm PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. OXY VINYL I S L. P . (LA PORTE VCM PLANT) has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the 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 August, 2000. ATTEST: ~4. a. ){db)) ar ha A. Gillett City Secretary AP~?J/d Knox W. ASkins, City Attorney By: / ~ o";"'n L.Malon~, Mayor 2 ~~ . .' NO. 2000-IDA-~ STATE OF TEXAS { { { { { COUNTY OF HARRIS INDOSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal co.rporation of Harris County, 'Texas., hereinafter called 'iCITY", and' . Oxv Vinyl's L.P. (LaPorte VCM Plan~)a Delaware 'corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the ~stablished policy of the City council of the city of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the city anq its environs by attracting the' location. of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and' adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area. located in its extraterritorial jurisdiction as the "Battleground Industrial District of La .porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District.., such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, . Company is the owner of land within a'designated Industrial District of the city of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly' shown on a plat attached as 'Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the city of La Porte; and WHEREAS, City desires to encourage the expansiQn and growth of industrial plants witJ'lin said Districts and. for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official ,minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City,referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 e e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain .its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, city does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of city, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business' thereon; provided, however, any portion of Land constituting a strip of land lOa' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any acbninlstratiye and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not l;:lubj'ect to the Agreement. '.i'~ II. In the event that any portion of the Land has heretofore been annexed by City, Compa~y agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Qnder the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the un annexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, tne parties agree that the appraisal of the Land, imp~ovements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's 'selection. The parties recognize that in making such appr.aisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land~ improvements, and tangible personal property. 2 e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of. Land; improvements, and tangibie personal' property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th ,thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall,provide City with a Written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized office~ o~ the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similiilr form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to . the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of prptest and appeal under the terms of this Agreement. B. As part of its re'ndition, Company shall furnish to City a written report of the names and addresses of all persons and ~ntities who store any tangible personal property on the Land by ~ilment, lease, consignment, or other arrangement with Company . ("products iOn storage"), and are in the possession' or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like, manner on or before each December 31st thereafter, through a~d including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company' s Property as of January 1st of the current calendar year ("Value Year"). . D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem. taxes which would be payable to City if all of the company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the ,corporate limits of City and appraised 3 e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following ,completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to city if all of said new construction had been within the corporate limits of City and appraised by city's independent appraiser, in accordance with 'the applicable provisions of the Texas Property. Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above', is defined as an increase in value that is. the lesser of either: ~ .' .. i. at 'least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative val~e of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a 'Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three. percent (53%) of, the amount of ad valorem taxes which would be payable to ci ty on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without li~itation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the' corporate limits of City and appraised each year by the City's independent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. wi th the sum of 1, 2 and. 3 reduced by the amount of ci ty 's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on .the 1st day of January, 2001, ,and continuing thereafter until. December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of, time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of' company's property'covered by this Agreement, notwithstanding any of the terms and provisions of. this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Governme~t Code, is amended after January 1, 1994,. or any new legislation is thereafter enacted by the Legislature of the state of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such lan~, Company will waive the right to require City to comply with any such ~dditional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same ,xisted January 1, 1994. ~ . V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to city on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, ."plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to city in accordance with the 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said p.roperty of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty {30} days, thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree wi th any appraisal made by the independent appraiser selected by City pursuant to Article II above (Which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City. of such disagreement. In the event Company does not give such written notice of disagr~ement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to be the market value of 'Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to ,the market value of company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties' agree to submit the disptit'e to fiJ?al arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding 4ny such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least, the total of {a} .the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on, the basis of Company's valuation.s rendered and/or submitted to ,City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of, Arbitrators ~hall be created composed of one person named by Company, one by City, and a third to be named by those two., In case of no agreement on this arbitrator in 10 days, the par.ties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of 'the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total paylilent hereunder for the year in question. The Board shall hear and consider,all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties,' subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies .Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, a.ll improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder,. which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the bene~it of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and slibsidiaries, and .shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any p~rt of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this. Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of ~ssignee, of any disposition of the Land, and assignment of this A'<jreement. IX. If city enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect~ which contains terms and provisions more favorable to the landowner than those in this -Agreement, Company and i~s assigns shall have the right to amend this Agreement and city agrees to amend same.to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the. event anyone or more words', phrases, clauses,. sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e. e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable'from the remainder of this Agreement and the validity of the remaining parts of this"Agreement shall not be affected thereby. XI. Upon the commencement of the ~erm of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. tit; ATTEST: ~ Knox W. AS~ City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471~"2047 Oxy Vinyl's L.P. (COMPANY) BY:..dt~~ Name: eor e Bar ett. Title: Director -' Property & Excise Tax Address: POBox 27570 Houston. Texas 77227-7,70 By: ~ ~ Norman , Mayor By: Q~T, ~ Robert T. Herrera city Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 e e "EXHIBIT A" (Metes and Bounds Description of Land) " '(; f.i ~ .....e .. .I'~ I'.... ...0 . . I" ..,.. tit ...... ............ Exhibit A TRACT I: BEING 66.04726 acres of land. more or less. in the Arthur McConnick Survey. Abstract No. 46. Harris County. Texas. being a portion of (I). that certain tract of land conveyed from Phillips Petrolewn Company to Diamond Shamrock Corporation, as Tract I,"by instJUment recorded under County Clerk's File No. E608664 (Film Code No. 131-07-0516) Official Public Records of Real Property. Harris County, Texas (2) that certain tract ofland conveyed from Southern Broadcasting Company to Diamond Shamrock Corporation by instrument recorded under County Clerk's File No. E766976 (Film Code No. 141-05-1979) Official Public Records of Real Property, Harris County. Texas, said 66.04726 acres of land being more particularly d~ribed by metes and bounds as follows: COMMENCING at the west corner of the said tract ofland conveyed from Southern Broadcasting Company, same being the most westerly south corner of said tract of land conveyed from Phillips Petroleum Company and same also being in the northeasterly right-of-way line of Miller Cut-Off Road, from said place of commencing a 3/4 inch pinch top pipe found bears South 69 deg. 04 min. 56 sec. West. 1.58 feet; THENCE, South 65 deg. 42 min. 21 sec. East. along said northeasterly right-of-way of Miller Cut-Off Road Same being the southwesterly line ~f said tract of land conveyed from Southern Broadcasting Company. a distance'of 10.34 feet to a 5/8 inch iron rod found for the west corner and PLACE OF BEGINNING of the herein described tract (0-00.08 and E.O+ I 0.29); THENCE, North 24 deg. 17 min. 04 sec. East at 707.55 feet pass the northwesterly line of said tract of land con\'eyed from Southern Broadcasting Company same being a southeasterly line of said tract of land conveyed from Phillips Petroleum Company, continuing the same course a total distance of 1924.73 feet to a 5/8 inch iron rod found for the north comer of the herein described tract (N19+24.65 and EO+ 1 0.29); THENCE, South 6S deg. 43 niin. 41 sec. East, a 17.80 feet pass said southeasterly line of said tract of land conveyed from Phillips Petrolewn Company same being said northwesterly line of said tract conveyed frOm Southern Broadcasting Company, at 92.81 feet pass a fence comer, continuing along a chain link fence, at 1324.20 feet pass the east line of said tract conveyed from Southern BroadcastiJig Company same being a west line of said tract of land conveyed from . Phillips Petrolewn Company, continuing the same course and with said fence a total distance of 1425.71 feet to a 5(8.inch iron rod found for the most northerly east comer of the herein described tract (N19+24.96 and EI4+36.00); I0320634\LAPOR.TE\DEED\LEOAL -1- ~, "t; e' . e, THENCE, South 24 deg. 17 min. 04 sec. West, at 242.61 feet pass said west line of said tract conveyed from Phillips Petroleum Company same being said east line of said tract conveyed from Southern Broadcasting Company, continuing the same course a total distance of 579.70 feet to a 1/2 inch, iron rod set for an interior comer of the herein described tract ofland (N13+4S.26 and EI4+36.00); THENCE, South 65 deg. 42 min. 56 sec. East, a dis~ce of216.85 feet to a 1/2 inch iron rod set for the east comer of the herein described tract (N13+45.26 apd EI6+52.8S); THENCE, South 24 deg. 17 min. 04 sec. West, a distance of611.09 feet to a 1/2 inch iron rod set for the most easterly south comer of the herein described tract (N7+34.17 and EI6+52.85); THENCE, North 65'deg. 42 min. 56 sec. West, a distance of2~6.85 feet to a 1/2 inch iron rod set for an interior corner of the herein described tract (N7+ 34.17 ~d E 14+36,00); THENCE, South 24 deg. 17 min. 04 Sec. West, a dis'tance of 734.49 feet to a 5/8 inch iron. rod found for the south comer of the herein described tract of land in the common line between said tract of land conveyed from Phillips Petroleum Company and Miller Cut-Off Road (N0+32 and EI4+36.00) from which a fenc~ comer post bears South 87 deg. 27 min. 34 see, West, 7.9 feet; THENCE, North 65 deg. 42 min. 21 sec. West, along said common line, at 808.59 feet pass the most southerly west comer of said tract of land conveyed from Phillips Petroleum Company same being the southwest comer of said tract of land conveyed from Southern Broadcasting Company, continuing the same course along the common line between ~d tract of land conveyed from Southern Broadcasting Company and Miller Cut-Off Road, a distance of ,1425.71 feet to the PLACE OF BEGINNING and containing 66.04726 acres ofland. TRACT II: All that tract or parcel ofland Iymg and being situated in Harris County, Texas, out of the Arthur McCormick Survey, Abstract No. 46 and being a part of the 194.60 acres of land conveyed to Diamond Shamrock Corp. as recorded in File No. 131-07-0516 of the Harris County Deed . Records, and now more particularly described as follows: Starting at the south or southeast comer of the B.F.G. Intermediates Existing Plant, a SI8" rod found at said comer on the northeast R.O. W. line of Miller Cut Off Road; THENCE, North 24 deg. 18 min. 04 sec. East, a distance of 90.00 feet along the east line of the said B,F.G. Intennediates Existing Plant to the POINT OF BEGINNING a 5/8" iron rod set for comer; I0320634\LAPORTE\DEED\LEOAL -2- ~ .... .,. ,oe e THENCE, North 24 deg. 18 min. 04 sec. East, a distance of 644.49 feet, along the east line of said B.F.G.lntennediates Existing Plant, to a point for comer; THENCE, South 65 deg. 41 min. 56 ~c. East, a distance of 216.65 feet, along the said line of the B.F.G. Intermediates Tract; THENCE, North 24 deg. 18 min. 04 see. East, a distance of611.09 feet along the said line 'of the B.F.G.lntennediates Tract; . THENCE, North 65 deg, 41 min. 56 sec. West, a distance of216,85 feet along the said line of the B.F.G.lntennediates Tract; THENCE, North 24 deg. 18 min, 04 sec. East, a distance of 579.23 feet along the said line of the B.F.G, Intermediates Tract, to the northeast comer of the B,F.G. Intennediates Tract and now being the northwest comer of this tract; THENCE, South 65 deg. 41 min. 24 see. East, a distance of 1152.86 feet to a 5/8" iron rod set for the northeast comer of this tract, said point being 90.00 feet from the original east line of the 194.60 acres tract; THENCE, South 24 deg. 16 min. 48 sec. West, a distance of 1720.71 feet along a line 90.00 feet perpendicular and parallel to the east li~e of the original tract to a 5/8" iron rod for comer; ,I; ~ THENCE, South 69 deg. 17 min. 30 see, West, a distance of I 61.2? feet to a S/8" iron rod for comer; THENCE, North 66 deg. 40 min. 08 see. West, a distance of 620.58 feet along a line 90 feet perpendicular and parallel to the northeast R.O.W.line of Miller Cut, Off to a point for comer; THENCE, North 6S deg. 43 min. 21 sec. West, a distance of 418.90 feet the POINT OF BEGINNING and, CONTAINING 45.3798 acres oflan~ more or less, I0320634\LAPOR.TE\DEED\LEOAL -3- .. . .. . .. ... ....... .. e" e ." I ; 1.. Independence Easement Agre~ment by and among Diamond Shamrock and DSPC, dated as of December 3 i, 1981, recorded January 4, 1982 as File No. H281490 (Film Code" No. 004-01-0585) of Harris County, Texas Clerk's Records. 2, Spillway Easement in Easement and Agreement by and between Diamond Shamrock and DSPC, dated December 31, 1981, recorded January 4,1982 as File No. H281492 (Film Code 004-81-0700) ofH~s County, Texas Clerk's Records. 3. Easement and Agreement Amendment No. 1 by and between Diamond Shamrock and LaP~ne Chemicals, dated May 7, 1982, recorded May 10, 1982 as File No. H4S2781 (Film Code No. 014-97-0391) of Harris County, Texas Clerk's Records. 4. Oil, Gas, Etc. Pipeline License, between Pon of Houston Authority, as Licensor, and LaPone Chemicals, as Licensee, dated as of September 9, 1985. S. Letter Agreement, between Houston Lighting &: Power Company and LaPone Chemicals, dated October I, 1985 and accepted October 15, 1985 for an eight (8)-inch gas pipeline within the Sam Bertran Power Plant Property. 6. Easement from Diamond Shamrock Chemicals Company, as Grantor, to LaPorte Chemicals, as Grantee, dated October 29, 1985, recorded March 26, 1986 as File No. K465352 (Film Code No. 042-65-0518) of Harris County, Texas Clerk's Records. ~ .' .. 7. Right of Way Easement from Phillips Petroleum Company, as Grantor, to BFG lntennediates Company, Inc., as Grantee, dated August 30, 1990, recorded August 21, 1990 as File No. M783218 (Film Code No. 185-76-(257) of Harris CoUnty, Texas Clerk's Records. 8. Unrecorded Pipeline Right of Way and Easement, from FINA Oil & Chemical Company, as Grantor. to BFO Intennediates Company.lnc" as Gnatee, dated September 14, 1990. . ' 9. Pipeline Easements from OxyChem to Goodrich dated'December 18. 1991. recorded December 23. 1991 as File No. N463262 (Film Code No. 010-51-2497) of Harris County. ' Texas Clerk's Records. affecting the 45 Acre Parcel and Pipeline Easement Amendment by and between OxyChem. as Grantor, and Geon, as Grantee, dated October 28, 1997. . recorded as File No. S773752 (Film Code No. 516-07-1567) of Harris County, Texas Clerk's Records. . ::ODMAIPCDOCS'CLEVELAND\I0210121\4lW26/99 -1~ 0' w t: . e e 10. qil, Gas. "Etc. PiPeline License (Railroad Right-of-Way), dated September I, 1994. between Pon of Houston Authority, as Licensor, and Geon, as Licensee. 11. Oil, Gas. Etc, Pipeline License, (Railroad Right-of-Way) between Port .of Houston Authority (the "Port"), as Licensor, and B. F. Goodrich Intennediates, Inc. ("BFGI") as Licensee. dated August 1. 1990. 12. Pipeline Right-of-Way and Easement from Rollins Environmental Services (TX), Inc., as Grantor to The B.F. Goodrich Company (Grantee) dated January 31, 1992. ::ODMA\PCDOCS\CL~I0210.21\4 04126199 .2.' e e A perpetual, non-exclusive easement over and upon the Property for the purpose of (a) installing, maintaining, removi~g, replacing, relocating, using, and operating facilities and equipment which are (i) required by the Applicable Environmental Laws as 4efined in the Contribution Agreement; or (ii) "deemed necessary or desirable by Grantor to satisfy its enviro~ental responsibilities whether under the Contribution Agreement, this Deed or otherwise; and (b)(i) testing, analyzing, sampling and investigating; or (ii) remediating soil, ground water and solid waste on or around the Property as required under the Applicable Environmental Laws or deemed necessary or desirable by Grantor under the Contribution Agreem~nt, this Deed or otherwise. ?; ~ 10321450\LAP0RTE\DEED\EXHlBITC I' iii ?; e e "EXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines "and railroads, and also showing areas of the Land previously.annexed by the City of La Porte.) "~ e e "EXHIBIT e" paqe 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land laO' wide and contiguous to either Fairmont Parkway, state Highway 22S', or state Highway 146 shall be subjeqt to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land. described in Exhibit "A" which is adjacent to Fairmont Parkway, state Highway 22S, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved pUblic right-of-way. . Freestanding identification signs for single tenant build~ngs shall not exceed 150 square fe~t in area.. .. One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improv~d public rights-of-way. I' \I't; Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Fr:eestanding identification signs shall not exceed 4S feet in height. . . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said, 100' strip is developed, the initial SO' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway~ state Highway 22S, or state Highway 146 shall be'screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3: 1 side slopes, SO' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property ownerS. e e --EXHIBIT e" Page 2 of 2 A screening plan, to be approved by the City, that includes a. combination of ,trees, shrubs, and ground cover ,that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acqeptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For i tams' band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. c) . ~; ?; In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. . For cases of new development or improvements where a 50 ' landscape easement is not available or practical, Company shall meet with City to determine a sui table landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or state Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more. restrictive. Driveways opening from said strip of land onto Fairmont Parkway. shall be subject to the rules and regulations of Harris County and provisions of the city's Code of Ordinances, whichever is more restrictive. . 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and'Ci~y. . . OXY VINYLS, LP. ~ @ -\ftilq" om -------, JUt 5 2000 1. __......,..J ASS1. CIT'( 1\~!ANAGtR CFFIi...E Occidental Chemical Corporation June 29, 2000 ffB) IE <<: IE B W IE li1l If11 JUl 3 2000 ~, Mr. Robert Herrera Manager - City of La Porte PO Box 1115 La Porte, Texas 77572-1115 RE: Industrial'District Agreement (IDA) (Series 2001-2007) , . CITY MANAGER'S OFFICE (!S Dear Mr. Herrera: Enclosed are two sets of maps intended to serve as Oxy Vinyls' Exhibit "B" for our Battleground contract and our La Porte VCM contract. ' Attached to each set is a copy of the first page of the respective contract. I believe Oxy Vinyls' has. now. completed all the required documentation and the contracts can' now be submitted to City Council for approval. ?; .:: Should you have questions or require additional infonnation please call me at 713/840-3018. Your cooperation and 1,JIlderstanding has been appreciated. JMC/8dr Enclosures S:\PABTAX\TAX\Propc:rtyTlI!I\BySIlWl\TBXAS\OXY VIN~en""" Info\ll61!lOO Laporte IDA.doc ~ aXy ~ Property and excise Tax Department P.O. Box 27570, Houston, TX 77227-7570 e . Occidental Chemical Corporation Oxy Vinyl's L.P. , April 26, 2000 ~ fe Il~.) I~ U' :";i: E:: ; ,. , L!; \b?' l!::l \:i L!::2 . D,I~~--~ll j : APR 2 I ". ',' j ...:::.:..: I 1 -.-,-..- ._~ ,I CITY MANAGER'S 'f1, I J OFF~CE -JI.d' Mr. Robert Herrera City Of La Porte POBox 1115 LaPorte, Texas' 77572-1115 Dear Mr. Herrera: Enclosed are duplicate signed industrial district agreements for each of Oxy Vinyl's L.P. facilities located in your District. Please note that Oxy Vinyl's is in the process of completing Exhibit "B" for each location and will provide them to you as soon as possible. ~;~ ' Thank you for your understanding and should you have questions please give me a call. JMC/8dr Enclosures cc: Bob Luss S:\P&BTAX\T~TulllySIlllll\'i'EXAs\OXY VlNYLS\GcncnllllfolO42600 IIpCllUlIDA-VCM BlLcIac ~ .DXY ~ Property and excIse Tax Department P.O. Box 27570, Houston, TX n227-7570 e e Ci~y of La Porte Established 1892 April 27, 2000 /Jj fl & fl D 'fJ {j ~'D! , MAr u 1200tJ l!!l OXY f'ROP~ ~~ DEPA~~~E~~CISE STON. TExA;l Mr. Jim Crowley Manager - Property Tax Occidential ~hemical Corporation P.O. Box 27570 HoustoIi, Texas 77227-7570 Re: Industrial District Agreement (IDA) (Series 2001-2007) Dear Mr. Crowley: Two executed originals of the Industrial District Agreement (IDA) were received from you for Oxy Vinyl'sL.P. (La Porte VCM Plant) on April 27, 2000. While reviewing the documents for completeness, we noticed the 2 sets of th~ metes and bounds legal description was titled "Exhibit A to Deed Property," "Exhibit B to Deed Assigned Easements," and "Exhibit C to Deed Reserved Easements". With your concurrence we will re-title this'metes and bounds description as Exhibit "A II . Also, we have noted that you requested Exhibit'"B" and will forward the exhibit to us when it is received. I' " (; Please indicate your acknowledgement and agreement by signing and returning this letter. Once these matters are resolved we will present these documents to City C;::ouncil for approval and we will return an original set to you. If you have any questions or concerns regarding this matter call John Joerns at (281) 471-5020. Thank you for your cooperation in this matter. Sincerely, GaW T"~ Robert T. Herrera City Manager Yes No Re-title metes & bounds description as Exhibit "A" ~\ [E M~Y ~: :O~[E \~;)r~t@_IUqY;J.J. 1 CITY MANAGER'S fd W - 4 2000 . , OFFICE j", ,,:' , " .... ''', :"::~';i ' ,. P.O. Box 1115 .. La Porte, Texas 77571'-1115 · ,(281) 471-5020 e e City of La Porte Established 1892 April 27, 2000 Mr. Jim Crowley' Manager :- Property Tax Occidential Chemical Corporation , P.O. Box 27S70 ' . Houston, Texas 77227-7570 00 ." Re: industrial District Agreement anA) (Series 2001-2007) Dear Mr. Crowley: Two executed originals of the industrial Dis~ct Agreement (IDA) were received from you for Oxy . Vinyl's L.P. (Battleground Plant) on April.27, 2000. While reviewing the documents for completeness, we noticed the 2 sets of the metes and boun& legal description was titled "Exhibit A to Deed," "Exhibit B to Deed," and "Exhibit C to Deed". With your concurrence' we will re-title this metes and bounds description' as Exhibit "A". Also, we have noted that you requested ExhIbit "B" and will forward the exhibit to us when it is ~received., ' Please indicate your acknowledgement and agreement by signing and returning this letter. Once these matters are resolved we will present these documents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding this matter call John Joerns at (281) 471-:5020. . . Thank: you for your cooperation in this matter. Sincerely, ~~-r: ~. Robert T. Herrera City Manager Yes No Re-title metes & bounds description as Exhibit" A" o o (Company) , By: Name: Title: Address: D /""\ A...u 111 c: .. T.. P........ T..u~~ '7'7C:'7'L 111 = .. /.,Q1 \ 1"1 .c:n.", e . City of La p'orte Established 1892 April 27, 2000 Mr. Jim Crowley Manager -' Property Tax Occidential Chemical Corporation P.O. Box 27S70 -Houston, Texas 77227-7S70 Re: IndustrialDistrlct Agreement (IDA) (Series 2001-2007) Dear Mr. Crowley: Two executed originals of the Industrial District Agreement (IDA)'were received from you for Oxy Vinyl's L.P. (La Porte-VCld Plant) on Aprl127, 2000. While reviewing the documents for . completeness, we noticed the 2 sets of the nietes and bounds legal description was titled "Exhibit A to Deed Property," "Exhibit B to Deed Assigned E~sements, " and "Exhibit C to Deed Reserved . Easements". With your concurrence we will ~e-title this metes and bouJ],ds description as Exhibit "A". Also, we have noted tJlat you requested Exhibit "B" and will,forward the exhibit to us when it is \~ received. ~ Please indicate your acknowledgement and agreement by signing and returning this letter. Once these matters are resolved we will present these documents to City Council for approval and we will return an original set to you. .Ifyou have any questions or concerns regarding this matter call lohn loorns at (281) 471-5020. ,Thank you for yourcoo1?eration in this matter. Sincerely, G<~ -r: ~ Robert T. Herrera City Manager Yes No Re-title metes & bounds description as Exhibit "A" o o (Company) By: Name: Title: Address: pn_ Rn"t lllli . La Portp_ Tpy;:!~ 77_li7?-111li . {?~1' J71.lin?n e - ORDINANCB NO. 2000-IDA-18 AN ORDINAHeE AUTHORIZING THE EXECUTION BY THE eITY OF LA PORTE OF AN INDUSTRIAL DISTRIeT AGRBEMENT WITH ARZO NOBEL eATALYSTS, LLC, FOR THE TERM eOMKEHCING JANUARY 1, 2001, AND ENDING DEeEMBBR 31, 2007; MAKING VARIOUS. FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING eOMPLIANCE WITH THB OPEN MEETINGS LAW; AND PROVIDING AN EFFEeTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: SectioD 1. AKZO NOBEL CATALYSTS, LLC has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, '2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. SectioD 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. SectioD 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the 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. SectioD 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e e PASSED AND APPROVED, this 28th day of August, 2000. By: ~ . !AS ~ Norman L. Malone, Mayor ATTEST: ~lLa.l&J1J a tha A. Gillett City Secretary AP~Md Knox W. Askins, city Attorney 2 e e ~O. 2000-IDA-~ STATE OF TEXAS { { { { { COUNTY OF HARRIS INDOSTRIAL DISTRIeT AGREEMENT , This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY",' and Akzo Nobel Catalysts, LtC' . ,a Delaware Limited Lianility corporation, hereinafter called "COMPANY", ' WIT N E SSE T H: , WHEREAS, it is the established policy of the City Council of the City of ~a Porte, Texas, to adopt such reasonable measures from time.to ti~e as are permitted by law and which will tend to enhance' th~ 'economic stability and ~rowth of the city and its environs by attracting the loc~tion of n,ew and the expansion of existing industries therein, ~nd such policy is' hereby reaffirmed and adopted by this City Council as being in the best interest of the City and i~s citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance . No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial .District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being 4n compliance with the Municipal Annexation Act,of Texas, codified as Sec~ion 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Indu$trial District of the city of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land"); and said ~and being more particularly shown on a plat attach~d as Exhibit "B", which plat describes the ownership boundary lines; a site layout" showing all 'improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the city of La Porte; and ' ' WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said city and recorded in the official minutes of said City: ' NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority gra~ted under the Municipal Annexation Act and the Ordinances of City"referred to above, City and Company heJ:'eby agree with each other as follows: FINAL DRAFT: February 24, 2000 . e I. City cov.enants, agrees and guarantees that during the term of this Aqree~ent, prqvided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the statu~ of, said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing ,and to the later provisions of this Agreement, city does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by' City during the term hereof (except as hereinafter provided) and shall have no. right to hav~ extended to it any services by city, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise 'in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "c" and. made a part hereof; and provided, however, it is agreed that city shall have the right to institute or intervene in any administrat.ive and/or judicial proceeding authorized by ,the Texas Water Code, the Texas Clean Air Act, the Texas Health.& Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and. to the same intent and effect as if all Land covered by this Agreement were not fUbject to the Agreement. ~ II. In the event that any portion of the Land has heretofore been annexed by city, company agrees to render and pay full city ad valorem taxes on such annexed Land and. improvements, and tangible personal property. Under the terms of the Texas Property Tax_Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal.District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal proper~y in the un annexed area shall be conducted by City, at city's expense, by an independent . appraiser of city's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessi ty appraise the ,entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 e e Nothing herein contained shall eyer be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code,' through and including April 15, 2007, Company shall provide City with a written description of its Land and all, improvements 'and tangible personal property located on the Land as of the i1lllllediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similc;lr form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III ( sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is' exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file. a Rendition' as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. ' B. As' part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and ~ntities who store any tangible personal property on the Land by ~ailment, lease, consignment, or other arrangement with Company ("products in ,storage"), and are in the possession or under the management of company on January 1st of each Value Year, further giving a description of such products in storage. C,; On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to ci ty an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). ' D. Company' agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem tax,es which would be payable to City if all of the company's Land and improvements which existed on January 1, 2001, and, each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 e e each year by City's independent appraiser, in accordance wi~ the applicable provisions of the Texas Property Tax Code; and 2. (~) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, '2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to city if all of said new construction had been within the corporate limits of city and appraised by City's independent appraiser, in accordance, with the applicable provisions of ~he Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tanqible personal property (excluding inventory) as used in subp~ragraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or c; r; ii. a. cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase 'in value. (c.) If existing Property va1ues have depreciated be10w the Property value established on January 1, 2000, an amount equal to the amount of the depreciation' will be removed from the calculation under, this subparagraph 2 to restore the val~e to the January 1, 2000 I va'lue; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district,of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased ~quipment, railroads" pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each 'January 1 thereafter of the applicab~e Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 . e in accordance with the applicable provisions of the Texas Property Tax Code. wi th the sum of 1, 2 and 3 reduced by the amount of city's ad valorem taxes on the annexed portion thereof' as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on' the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on o~ before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation p~oceedinqs as ~o all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of city to annex land b~longing to Company or imposes further obligations on city in connection therewith after the annexation of such land, Company will waive the right to require City to' comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same, ,xisted Jan~arY 1, 19:94. I',; V. This Agreement may be extended for an additional period ,or periOdS by agreement between city and Company and/or its assigns even though it is not extended by agreement between city and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by city or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it .to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, . plus (b) ~e total amount of the .. in lieu of taxes" on the unannexed portions of Company's hereinabove described 'property which would be due to ci ty in accordance wi th the 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other ~inal conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs.. B.' Should Company ,disagree with, any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within 'twenty (20) days of receiving such copy, give ,written notice to the ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good fai th negotiations in an attempt to reach an agreement as to the market value, of Company's property fo'r "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by city, the parties have not reached agreement as to such market value, the parties agree t.o submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding 4ny such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the, U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question'. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That, decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration . Act (Chapter 171, "Genera:J. Arbitration", Texas civil 'Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. city shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of .. in lieu of taxes" payments hereunder, 'which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. ,. VIII. , , This Agreement shall inure t~' the ben~fit of and be binding upon ci ty and Comp'any, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either vol~ntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of ~ssignee, of any disposition of the Land, and assignment of this A'qreement. IX. If city enters into .an Agreement wi th any other J.andowner with respect to an industrial district or enters into. a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more fav~rable to the landowner than those in this Agreement, Company and its assigns Shall have the right to amend this Agreement and City agrees to amend,same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Aqreement'complies with existing laws pertaining to the subject and that all ,terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without suchagre~ment neither party hereto would ente~ into this Agreement. In the'event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or, the application thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or Unconstitutionality of such words, phrase, 'clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this ,Agreement and the validity of the remaining parts of this Agreement shall'not be affected thereby. XI. Upon the 'commencement of the term of this Agreement, all other previously existing industrial district agreements wi~h respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. -Akzo..~Tohel CarA1vsts. LIe (COMPANY) By: fJRhht ~ "Name: ~~I /1,rlo."" Title: ' ~17"F NlAA Address: I 3Q? I) ""'~ '!-#VL Pa!=ladena. Texas 77507 ~t; By: ~ ATTEST: ~4 Knox w. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: Q~ T, ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: (281) 471-1886 Fax: (281) 471~2047 8 ~'.."': e , ",:r,:~ iUI.; 24. 2000 11: 23AJI AKZO NOBn LAW DEPT. .. . . e NO. 5539 P. t 1 - , ... . .... .. . ----.... .' . , . " .. EXHI'p~'r_..A , . , . .' -~--..~._. --- .. . .. -----..':... DJUt.'O OHl ~IUNDRED (100.00) ACRES OF LAW, OU'f OF TilE ~ GEORGI O. NCKINSTnv LEAGUI, 4-47, AND THE WM. M. JOHSS' SUR~&Y, A-482.. I~\RRIS CQUNTY. TEXAS, SAID 100 ACRES BEING UO~E PARTICULARLY DESCRIBED AS FOLLO~S: ,. .".. .164.;35-0020 .. , . 1tCL~:I~C at ~o.'2'7$ ~.~kt~; th. tnter"cc1o~ o( the ~.st ltne ot 4 SO-looe-widl . So~thC:n Pactfte TranspOtt4c10ft Co=~.ny T411roa4 &pur right-ot-v.y wtt~ tft' ftO~CA U~e of " loo-toot-vide plpl1i.n. ....r:~I1C kn~'." at COJ:1:tclor' "JO". loutc~ 1.1\ t~e Cico:;c: ). lCcXi.n.uy 'Lu~~e. A-47, ulcllo. 2675 bein: It 2'15120" tr 220.00 feat . frrr.:t th~ "of'-ch.~.c cara.er DE a 9U.8S0-au. tr..ct dascribed .. Trace l' in c!..ct . i~o~ ;dl!nd."oo~ D"vdDp~.ru: CO':'pout10n to Celllnese Corpoutlon of Ainntca dal:ecl Fabruuy 6, 1967 a1lcl.recor4ecJ 10 VolUlllle 6&.53. 1'8111. 79, KaJ:~i.s CaullC:Y 0.,4 .' a. c.o%elli ' .. . ' . . . . ' 'A~:ct 5 87-31'40" V tlitk th~ non\ lin. of ut.a Cen140r "30.1,... 4ht:ance of . 204.5.02 feet eo Itael 2680 iG tha un tillu~-of""a,. UP 01. a pcopo..4 lOD-foot-wid, .J. . . '.' 1'0.. I -.. .. ... . , , tU!:~~t N 2.~S' ~O" t-r ~th the elSe rt,ht-ai-way Un. of saiel pnpasecl road, de: 1948.29 ,..= p.3. cb. norch 11me ot tbe i.id CeoTle KcKiasl~ L'I.~', '&=e balm: . ::ne south u'ne of tht tlaa. K. Jell'" Suwly. A.411, .,,4 conCiDUiGI 0\\ tbe u::a b.ot~& vith chi ..14 east TOl4 ~iChc-o~-Hay li~. a co~l 4iscance of 2118.29 feet to aael 2679 foe conu;: . . ... . I'- lilt.; , . . '0 t:~::ct N 87-29'5Z" E, puaUel '11th and, 170.00 feet !lorth ol the CCIl&gO:l Un. oe th. adel lIc"<i!lst%7 tuiue ancl'Janlo Survey. a d'luaiace 0' 20".03 feet to ),04 1678 At the "o~thv.st co~.r of a 10.319-ac%e eract d"~rib.4 a. ttoct Ra. 3 iQ 4ee~ tToa rtieaas~~o' Dav.lo~ent Corpor.tion to Houston.ttlhtt~ & Powc~ Co=pany d.cd ~:u:~b 7. 1968, 1M zecQ&'de4 :tft Vol.. 7146. 'a&1 37. Rnl':ts COUlltr Deed Je~ol'dl; . ' . . . . I - 'D!Ez;cZ s ~.28'20" l.vitIL tta. ......~ 11". of sai.4 'tncc 80. 3, .~ '170~OO (ce~ p.SS t~'\e sosaths:uc c:cn:llli' of satel 'l'&"acl: to: :5, ,,;al beln. ehe ftorthwut. eomer of tract No.2. ducrt.1tc4 ill lIiel ded to RoustoCl tlahtl1l1 & 101161' CO;;puY', ..t.d. cotner bdr:ag i.D the CQC:;IOft ~tnl b~a."ft thl nt! JOD" aGel HcUcut1:y SU:1'11' . . sdd pobe bdn; S 87-U'S2" V 499.42 feet from tll. loutkult c~ma," _of tal! &~icl . JO;lU Su:vey. ::nd eondauin; Oft the n::S1 coutS. vith tbe '""t 11111 OJ: sd.r1 :l'r:cCo . :ra. 1 a coc~l di;:4ftCe of 389.41 faet to JotS 2677 in the veltll'ly lia. of satd' . , . 50-foot-'ll" I'iliboa. .put 1'1Ibt-af...".y. salel 'r04 beiAl ia. the arc: of a c..u:ve ~o the left; -, "I"r:Z~iCt lo"thlld, uLtb d~2 "Ut~dY Unit of ut4 nllron. 1"'11:', alan: to'. lU'C of 'nld c;saW'V' liavin: (\ tcii\ttd aftale of 26-17'05" afttl 4 nclt\a~ 0: 48J.S9 feet, &:I. ,4CG 41lClftCI of 211.a, feet to loel 261& It th. 2.t; of .aid.ourve; , , .. I "litll' . ".1"1" . .,,',.. .~. "tI' Uft' .. ..,. flU.... .,,,. "~,,,.'I .... ~. .,. ,"*. gr JI;GIM4D<<111\4 c"'C.I.~1.a1 100.000 'CI'.' o! It...,, ' . . , . , '.' . . I I , '''' ,,, ~ 3cerln:. Ard reloroncu4 t. North on eh. L_borc Cd.. Coodlfte.e Syet... IIUlll , CIIUal ZOftO ., 1'OMII. ' . I . . 10.' Ir~5/a.lnck x 36~inch eoppor-eoae.d .c.al vlch 1 l/Z-tnGb b~~I' .a~. . '. ,cllr:1~d ,'G :1htrJl\ t ! ~,. ~-1 ..~^y,,^...,.^...,~. ^..... ^IAI~IL.JA. ......~. -........J....... .. .,. :} .- , . tt ----~JU~ 24. 2000-ll:23AM. AIZO NOBEL LAW DEPt e NO. 5539 P. 10 " '. ., . ~ ,.. . STAtE OP TEXAS I : COUH'.fY OP ItAltAIS I 164-35-0019 ~etore mel the unders1sned authorlt,~ on this day perscnally appea.red -So"'-"" ~ "\t"... Q.. ~ ~ fL ~ Y"'. , '. kn~ to ml to b.' the person whose ,name- 1& SUbscribed to the torelolna 1nstrument as Pres1dent of PRIENDSWOOD DEVELOPMENT COMPANY1 and 'acknowledsed to me th~t he e~ecuted the same tor the purpose. and eons1derat1on therein expreased~ 1n the eapletty stated, ~d as the act and deed ot said FRIENDSWOOD DMLOPMEHT COMPANY. O.LVEN UNDER MY HAND AND SIAL OF OFfICE thiS \ ~ ~ day or ~a . · L-, ~ 1973. I' "'.j; ~ f ' f' ",.....#. . ,.. ..... .... {I.', ., :..... '.." " r ... '\ ....l.\ . I.' . I ~ --". , : . ! . -. ..,--, ..., :.,; '.----...... !~ \ ':1 ~ . 'It \ : roC ~~'. 1/ ~ :" ~.' ',' .... At. .. . ..... .... c... ....., ., '::':', ,!-\. . ""'" ., ,." ........... ? -. .~ ' ~' -G:;\., ~til1C 1n an ;;;:- Harris County, Texas !&DIOI1&. 80U~BI '! -~. J: iitr - n_ " CD ~:; ,.. n a ~ -,. \ M:ll . .. \II a .... ~ . .\ .' ," " ^T -,au..! hT~T~~T^~.UU~ ~~ ~I~I~I~ ~, ~,~~.~, ....1''' ^^ h~,J^ ^""."'... -r1'..J e e IIEXHIBIT ell Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening" driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company, develops', or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to ,the fOllowing prov.isions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of~way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. .' , One freestanding identification sign for identifying multiple businesses' is allowable at the intersection of improved public rights-of-way. ~. t; Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding ,identification signs shall not exceed 45 feet in height. . . Minimum setback for sign con~truction shall be ten (10) feet' from property lines. ' 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmorit Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual sc~eening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. " b) The use of earthen berms.. with approximately 3: 1 side slopes, 50' wide at the base and' 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. e e IIEUIBIT ell paqe 2 of 2 t; ~ c) A screening plan, to be approved by the city, that includes a combination of trees, shrubs, and ground cover that after' 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a con.tinuous visual screen. Provided, however, in public utili~y easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the pUblic utility, company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above,. the actual length of required screening along the roadway will be equal to the length of the new development ,that is parallel to the roadway. Screening shall not be ~equired for 'new development that is to the rear of or behind existing,~acilities. In all cases the 50' strip, along the entire'roadway frontage, shall be dedicated as' 'a landscape easement and shall be kept free from an,y improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement' is not available or practical, Company shall me,et with City to determine a suitable landscaping alternative. 3. Driveways opening from said strip of land onto state Highway 225 or state Highway 146 shall be subject to the rules and regulations of t~e Texas Department of Transportation and provisions of the ,City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subj ect to the rules and regulations of Harris County and provisions of ~he City's Code of Ordinances, w~ichever, is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation o.f a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. ,\ e e City of La Por'te Established 1892 June 20, 2000 , . Akzo-Nobel Catalysts, LLC Attn: Hanson A. Gilan 6666 Harwin, Suite 350 ,Houston, Texas 77036-1474 Re: Industrial District Agreement (IDA) (Series 2001-2007) Mr. Gi1an: ,Two executed originals of the Industrial District Agreement (IDA) were received from you' May 1, 2000. While reviewing Exhibits A & ~ we found the following: > Exhibit A describes property in Bayport; Exhibit B shows property in ~; Battleground. ' I\i Please forward correct exhibits to us by July 20,2000. Once these matters are resolved we will present these documents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding this matter call Brian Sterling, Engineering Technician, at 281-471-5020. Thank yo~ for your cooperation in this matter. Sincerely, ~T;~ Robert T. Herrera City Manager c: Doug Kneupper, Director of Planning BrIan Sterling, Engineering Technician e e American Property Tax Service, Inc. Property Tax Consultants 6666 Harwln, Suite 350 ~ ~ (f\J fE n nn fc ~ . Houston, Texas 77036-1474 Ug If;; U f!J 1& Telephone: 713/278-0222 Fax Number 713/278-0444 Monday, July 24, 2000 ! J lJ L' ? r. ',y," n " ....J !~;"-'J U Mr. Robert T. Herrera, City Man~ger , ~ity of La Porte Post Office Box 1115 La Porte, Texas 77572-1115 ~J~ CITY MANAGER'S OFFICE RE: Industrial District Agreement(IDA) Akzo Nobel Catalysts, LLC Dear Mr. Herrera: As per your request of June 20, 2000, enclosed please find a copy of the Exhibit A in connection with the above referenced IDA. Please call if you have any questions or comments on this matter. \J;er: y~urs.?- ~ . anson A. Gl.hUi ti ti e e City of La Porte Established 1892 March 20, 2000 Akzo Nobel, Inc. c/o American Property Tax Service 10101 S.W. Freeway, suite 540 Houston, TX 77074 Gentlemen: The City of La Porte and the committee representing industry have reached final agreement on a form of Industrial District Agreement for the seven year te~ commencing January 1, 2001. Copies of the agreement are attached to this letter. We also enclose a copy of the metes and bounds legal description which was attached to your firm's current Industrial District Agreement. Please review carefully, and revise as necessary to reflect any additi~ns or dele~ions to the legal description. Please insert the proper corporate name and state of incorporation on the first page, and the corporate name and the name of the authorized officer executing the agreement, on, the signature page. Flease attach Exhibit "A" and "B" legal descriptions to two copies of the contract, and forward two fully executed copies of the contract to the city of La Porte no later than May 1, 2000. Executed agreements received by that date will be placed on the city Council agenda of Tuesday, May, 9, 2000, for formal approval. Thereafter, your firm will be furnished with a certified copy of the City's approval ordinance, and a fully executed copy of the agreement. ' . We at the City of La Porte feel that the continuation of Industrial District Agreements, which first commenced in the City of La Porte in 1958, is mutually beneficial to the City and the nearly sixty companies with which it has such agreements. Thank you for your cooperation in this matter. Yours very truly, CITY OF LA PORTE By: G~~ \. ~' Robert T. Herrera, ,City Manager RTH:sw Enclosures P.O. Box 1115 · LaPorte,Texasi7572-1115. (713)471-5020 e e City of La Porte Established 1892 May 2, 2000 . Akzo Nobel, Inc. c/o American Property Tax Service 10101 S. W. Freeway, Suite 540 Houston, Texas 77074 Attn: Hanson Gilan Re: Industrial District Agreement (lDA)'{Series 2001-2007) Two executed originals of the Industrial District Agreement (IDA) were received from you on May 1, 2000. While reviewing the documents for completeness, we noticed there were sections of the IDA that were left blank. Please fill in the corporation name on Page 1 of both agreements, the complete address on Page 8 of both agreements, and the corporation name on Page 8 of the second agreement. Once these blank sections are completed return the IDA along with this letter. Also, the 2 sets of the metes and bounds legal description was not titled "Exhibit A." With your concurrence we will title this exhibit as "Exhibit A. " Finally, we noticed your fIrm did not furnish an Exhibit "B". If you warrant that Exhibit "B" ~rnished for the previous IDA (Series 1994-2000) is current, we will attach the previous Exhibit "B" to both originals. 'If changes have occurred, please send us (2) copies no later than June 1, 2000. Please indicate your acknowledgement and agreement by signing and returning this letter. Once these matters are resolved we will present these documents to City Council for approval and we will re~rn an original set to you. If you have any questions or concerns regarding this matter call John Joorns at (281) 471-5020. Thank you for your cooperation in this matter. Sincerely, Q~T~ Robert T. Herrera City Manager Yes No Title Exhibit" A" 0 0 Use previous "Exhibit B" IX] 0 New Exhibit "B" to be furnished 0 0 Akzo Nobel Catalysts LLC (Company) BY\ffierican Pr~ Tax Ser., Ine. Name: Hanson A. Gilan Title: Tax Agent Address: 6666 Hcu:win Dr. , Ste 350 Houston. Texas 77036 P,O, Box 1115 1I La Porte, Texas 77572-1115 · (281) -:1:71-5020 e - Ameri'can Property Tax Ser~ice, Inc. Property Tax Consultants 6666 Harwin, Suite 350 ' Houston, Texas 77036-1474 Telephone: 713/278-0222 Fax Number 713/278-0444 Monday, May 22, 2000 ~i~M~ ~4~ :o~ ~ Mr. Robert T. Herrera, City Manage'r City of La P,orte Post Office Box 1115 La Porte, Texas 77572-U15 CITY MANAGER'S, OFFICE I . RE: Industrial District Agreement(IDA) Akzo Nobel Catalysts, LLC Dear Mr. Herrera: As per your requ~st of May 2, 2000, enclosed please find two executed originals of Industrial District ,Agreement (IDA) with proper and legal corporate name and mailing address. . We ,have discussed and verified with Akzo that since last IDA, there has been no changes in the "Exhibits A & B". As a result, we are mailing the request back to you with _ proper affirmation. ~ . "" Please call if you have any questions or comments on this matter. Sinc.;."Iy yO~ :....__ anson~ . . ORDINANCE NO. 2000-IDA-19 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE eITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH DRAGO SUPPLY CO., INC., FOR THE TERM COMKENeING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJEeT; FINDING eOMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. DRAGO SUPPLY ,CO., INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and suhject 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 4. This Ordinance Shall be effective from and after its passage and approval, and it is so ordered. e e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~~G~ie{f>>L11 City Secretary By: 2 e e '. NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT r;::: .--...,. lroJ, ~ @ m ~JIl_~~~, ~I.HJ 1 AUG I 6 2000 f j iJ"i I, i i '.. ! 7.":::_:;~:-:"::-",'" .." ..' --; :01 , . '. This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Drago SlJPPly r.n , Tn~ , a TEXAS corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, ,to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stab~lity and growth of the City and its environs by attracting the location of new and the expansion of 'existing industries therein, and such policy is hereby reaffirmed and adopted by this city Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as, the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 84,2A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being ~ compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company ~s the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant, to the authority granted under the Municipal Annexation Act and the Ordinances of City'referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 e e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this, Agreement. SUbject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within' said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrati ve and/ or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the .same extent and to the same ~ntent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms ,of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The part'ies hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "~n lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by city, at City's expense, by an independent appraiser of City.' s selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessi ty appraise the, entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 . e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valore~ tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, ,stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the' names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year' ("Value Year"). D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 . e each year by city's independent appraiser, in accordance with the a~plicable provisions of the Texas Property Tax code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January' l, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty 'percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2 (a), above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. ?; For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumu+ated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, incl~ding, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, ,,200l, and each January 1 thereafter of the applicab~e Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. ' wi th the sum of 1, 2 and 3 reduced by the amount of city's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001., and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall .be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris county Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the sallie. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least 'the total of (a) the total amount of ad valorem taxes on the annexed portions, "'plus (b) the total, amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to city in accordance with the ) 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. ' B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good fai th negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during ~he term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. ' 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the " Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market .value of Company's property for calculation of the "in lieu.' payment and total payment hereunder for the year in question. ,The Board shall hear and consider all relevant and material evidence on that issue including 6 . e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be .f inal and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas Civil Practice and Remedies Code). costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on company's above described 'property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon Ci ty and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within sai4 territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is, in effect" which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agre~ment neither party hereto would enter into this Agreement. In the' eve~t anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e . corporation or circumstances shall be 'held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. By: 77640 ~ uJ ~, ATTEST: ~6-a .1im# C t Secretary By: Norman Mayor ?Z:i~~ Knox W. Askins . City Attorney City of La Porte P.o. Box 1218 La Porte, TX 77572-1218 By:Q~T. ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1ll5 Phone: (281) 471-1886 Fax: (281) 471~2047 8 e . "EXHIBIT A" (Metes and Bounds Description of Land) ?; ,~ e EXHIBIT A-I e 148-09-2591 " Lot Sixt.cnn CHi) IIr tho fotr.lIn'l ::'.I..Ii.,inill'" in tho Enoc;h IIdn:lCm :;lIrv.~I', 1I.1."ri:; (.'I,UIII.'" TOXQs, Qccurclill" to tho r-!;.I' or "1&.1'; th..,", I,f recorded in Volumo 75, PACJO 22 of tho 1:10'":" I!rJcorcJ~ of lIolrri:; COlln!:y. 'rC:Yoil:;; &lnll hoill" .noro ..;~rL.icul.,rll' described, in two trolcts, uS Col1tl~/:';: Trnct 11 9,303 bcros of \&lnd in Lot 1(,. StrQn~ Subdivision, Enoch Urinsol\ Survei'. M.,:ltr;,c:t :10. 5, lIar~is County, '!'exn:i, Ziccordi n~ to the III,." Lhen:r" recorded in Volll/nu 7!i. r"'Jc 22 o( thC' 1I.:.rci t; Counti' Deed Records, /noro p&lrticul&lrly cJc;icril;,cd olS followsl Beginning at Qn iron rod in tho south lino of Strang Road locolted East 50 feet from the east line of Miller cut off road and tho west lin~ of said Lot 16, Thence East 473.3 feet along the south line of Stranq Road to An iron rod in the east lino of said Lot 16, Thence s. O. 02' W. 856.10 feet alone; Llle e~at lino of SQid Lot 1(; to an iron rod in the norLh riyht of way line of the T. , N. o. Rnilroold Compolny right of way 40 feet in width; ThencQ We'st "73.)' feet along the north 1 incJ of said railroad ri9ht of way to an iron rod locatod 50 (Jeot east of tho QQst line of HUlor cut off road, Thence N. O. 02' E. 856.18 foot along a lino 50 feet east of the cast lina of .U.llcr cut of C ,.oild to the placo of beginning. Tenct III ^ trllct of land contnininy 0.903 acres and being the west fifty' feet of Lot 16 of Strang Subdivision in the Enoch Brinson Survcy, lIarris County, Texas, according to the Map or Plat thereof recorded at Volum~ 75, ragc 22 of tho Deed Records of lIarris County, Texas. '.' . .. ... . ". ...:~i.~;::.:,-" .', jr~:;t.'.II--~ ':':~''t=;~:7~''.~-.~ ., i.....,_ .... ," .~t.. , '\ \.. to. "... .. ",I.K:.r.~~,::,'''' ", .. . ."-0' ANY PROVISltlillJi~,... "',.;"'Ii:~ll/.:Ii I..i ~AII, _'Hi'I, 'III u.~, illlllll~ S..~IIIIII ~lAI PROi'(R'Y S(rAUSI III tlliOlll\ll MAI,\IS lIi~lllil.\:lIIlUlIllIllIICI.u1l ( Ulllll~ 11i'1 W11lAW THESTATEOFTEllAS} COUNrv UF HARRIS The abnllC IS a lulllrue, An.1 C'lll~r,' nh~11l8'aphll' fOoy ul lll~ Ull2tn31 r~cord MW I~ IOY 14Wlul t.u~ll"ly ~I\d Il\lS~I;~~I~II, 4~ lI,P <alllf IS 'e~o,ded in the lllhc.nl ruhlit llel;p.llh "lllul fll~JI.clv tn lilY Olrlt'f III'd r/,'served 011 MI\:loh'm, Ind h~~lIla lI.iClolilm idenhlicahon Ilumb~, u S1amped thereon.l heldlly ce.llly IIn .' ~Nl-201~1 ft'f"'.....\ ~"~~~,~,~~;.r~\~. AN 0 'I- AVE \ !i'~' ,.::.~" CO N L K ~~( J )~ ~ n,/lI!':' NTV,1' ~.*4' ... .~,o3",.... ..,'" B "\........."~,f";.\.' ;/ . >f :l '. ';j. , ,,'II .~!;~ ..,,~; ~".. , (.!,,!;~ :,.U~.;. ~r:~{i;:~ .~11.,.;I: ~i:~~i\; i&ifJ Ii""'"'' ,,!iJi.~ ql'''ji ,'.::z~~.~.. )~I i~'-~'- i<::'Jt?' , ~~. ~f . .,~;~:~~ ;I...,~ ,;'~',\I. .~J .. ..".... . ~! -\i~" ,.I.,,,,}}.. !~~.ilj, ",:.f::":~\ " :'i-~'" rJf",;t .:!.,,~.~::.. Jt..;,j!~l Ii ,~'~.I:r" ::.~~~::!.. , :'r.~'i';.1 :....,.1... T~~J ':t'::, ':i~:1 , ........ ", '" ':,/'/: :;(: ..~.' 't .: .I~:......: ;.:.~ '.'; }~N. .~'_.-. f~ ~ ~lM~H~ ~ "lI- ht.t I /nip ""t :se,f ~~ SHIRLEY A. NUGEtU I 0, I . " ..~ -,",,", . . . . F;~~~t'- A~2 ~S 2.707 ACRE TRACT KIll AND BOUNDS DESCRIPTION . . '1F ,if'-2 OcJ7, .. ,', I! .. . 0 . c....J -.a -!J - CommoDclDI a~ a 1/2 lnch lron plpe found on ~he orlllnal I Eas~ rllht-of-way IlDe ot Hiller Cut Oft Road (based on a width ~ of 80.00 feet) and ~he Nonh Uno of t.he 40 loet .,ldo T. & 11.0. en Railroad rllht-of-way: .aid corner beln. the Southwest corn~r of t!) tha~ oertaln Tract 11 as conve,ed by Pllot Industrles of Texaa. Inc.. to J.S.P. Properties Oroup on AUlUst 23. 1878 (Harrls County Clerk's flle No. E 880450). .' ;..:.-.0.: Thence.: I..t: coinoident wlth t.he South boundary Une ot . 'Tr.c~ II and North llne of aald T. . N.O. rilht-of-way a distance of 50.00 feet to . 6/8 Inch lron rod set for the Southwe.t corner of this 2.707 acre tr.c~ and ~he POINT or BEGINNING: and from which. chain link fence corner was found 2.1 feet North and 0.8 t ~t. 1fes,t.~: :".:':. . ~..;..: .~~.~. ~". . Thflnce.. 'Norih 0 delrees 01 mlnutes 49 aeconda East (Call North 0' de.rees O~ .lnutes East) colncldont with the East .' boundary line" Df Tract. n (Trac~ 11 belnl ~he Wes~ 50 teet. of Lot. .' 18 .s awarded ~o Harri. Count.y as a rllht-of-way for construction . · .ana .aln~enance of a Coun~y Road, Condemnation proceedln. Cause No. 25.448. and recorded In Volume 752. Pale 628. H.C.D.R.)~ and the West. boundaryllne ot Trac~ I (Call 9.303 Acres) (H.C.C.f.: Ho. E,8804&0): ~:di.tance of 245.00 teet to . 5/8 inch Iron ro~' se~ tor the northwest. corner of this ,2.707 acre tract. ~~ Dol~,'a~2.707 acre (117.928 sq.tt.) tract ot land comprlsln. part of Lot 16. Stranl Subdivision (Volume 75. Pa.e 22, Harris County Hap Records) in the Enoch Brinson Survey. A-5. Harris County. Texas. . The 2.707 acre tract as surve,ed by H. Carlos Smlth. En.lneer. . Surveyors. Inc.. on November 8 throulh 11. 1988. 1s more partlcularly described by metes and bounds as follows: ~ I I 0 I I . - I .;. , ! t;1 .' 0 ,,' . . . .' . ., " ' . ~:..:. :" ~ . . · . .~. ,,:,'~' r '-:. Thence. East: . distance '~t ,373.18 feet to. a 6/8. Inch fron I. ',. . rod ~et. .fo~.~. po~nt ,tor corner... :' :.', .. j: . .. :-.':The~c~.: North 88 Clelrees 12 mlnu~e's 09 seconds East: a I :.. distance of 107.72 teet. t.o a 5/8 lnch iron rod set for the .:' Northeast corne~-ot ~his 2.707 acre t.ract. i. .... Thence~ .!' .~\~d~peY~~M.it~~lnutes 49 seconds West (Call I South 0 de,red "OL~lia\a:\OlIt. W..s-,:J: coincident w1th the East ' boundsry lines ,... lcl:traat I__,nd Lot 16 and the West boundftl"Y line of Lot 15; passln.,~~ ~JO(Uteet a 5/8 lnch iron rod aet'on ~ ' .:":,:" . 11no, for 0 ~o""l dh~odao ot..llJl/l..lllNitJi~ b 0 5/8 Inch lron i-~d set tor. the 6011!t1hG." rc:o~~i- oT=,~~l ~..,crr acre tract and t rODl , .; .;. . which a chain Jl~h'::n~ 'oa'l'il"r~ was tou~d.1. 35 teet Nort.h and . .:,~" .~ ,10.1 feet Eaat':'cnlA,aO\ .,'C~,\~ \ "~~,,,,"I""'.~:"..." . ", " . .... &'V" ........." .~I....t..... ... .' ..: .'.Then~e. WdS't~61ncld;ni with the South boundary line 01 . laid Trac~ t and the Horth line of laid T. . N.O. Railroad ri,ht- .' ,of-way: a distance ot 473.18 teet (Call 473.3 teet) to the .POINT . . O~ DEOIHtllNO t' , ~'\!i.~.~.r.~-4- ~ . 0\... * ...., , ~'. ~ . ", .' ~, ',of: .. ...... .!\.;...,:......... lfllK A. OlSO!. .................\.. .;...:, J~n olcr- ('''.'.';/1 ,":,~.;.\ ' . ~, :.::: ,.1 . 1i"11 ;1 It ~ I I,mh ! IhIU~ I : ~ I 'II f cJ I. I I I f , :. KEVItt A. OLSOH , TEXAS REGISTERED rUDLIC SURVEYOR tIO;" DATE: tmvf:r1DER J.t, 1908 . .JO)l r!. ,'. ' :~?r; ~ "n:t 45,24 ....--.__........._w.......... ........ .. . . _"._. ...............,.. 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NVGEtu . e "EXJlIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines 'and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) I' v ,. . " Ii '., , , . . ,..... , , ---: .: ~:': ..' e. :.".i, " r: .. .:": " ' .": '. . ., t. ", -;-i. .. "'.. .~I '. ,~:: C: i~ ..... ~ a :.~ i\ '. ., .' . =. ~ "-.. .....-- HtWiRIS COUNTY I T~AS ~NOCH ~ B~INSON SURVI!If 'A-5 EXHIBI'l' B ITHANI ROAD EAIT 4JJ.l' ... . A C 0 .. ... ... 0 I .. :t U . N d'i ./ L. .~-c -- \ ,-'"7/ : \ ! I :.. I . Ie W' ... ... - JII W 10 t:! .t:: .. a..' - 1\ '.'. . .: Ie ;z I DRAWN W.D.C. DATE 10-24-83 CHECKED DATE APP 0 DATE SCALE 1 : 100 8HEET I OF 1 JOB NO. 217 CLIENT AIR PRODUCTS AND CHEMICALS.I CLIENT JOB NO. l) HounON LIGHT. POWER Co. _ ...-::-!d~ ~~ __ ------..- ~ .. ~ 100" . ... 10 . '" ... t- Z ... :I ... . e w ...... 0 .'~ ,oo, ft. I ~ e :;) 0 .. \..' : -1 - II: .. ~ .- - .. . - ~ K .. I ~ . - ... N U 0 f . 0 .. )0, C('!: . I ... 10 I t- Z .. Ie '- .d1 .~ - ... .,;-:" 1llI..... ..~ I iii I r\ 'T I.... ....... I \) -::- ! J" .... .... e. . i:) ... ;J , . V ... o . o z a e 10 .. Z II: III Z t- :t o . J. S. P. PROPERTIES GROUP TRACT ~ 709.32 )0 .. Z :t o U \ I\~ ,'_. \O~~ L- r,. , ~ {\ Wtt,~. \\= .~;= ,..ij ~',' / t ~ I:~~ f\ ~. c;:;; ~ \l, .i\.1 h - 1:\_r.,;.I \; - ~;, 'V.:.:.-.:.; "';/.., , \i \~ ,'. J: \; :; '\. ~. -' "1) ~ '" 1 \\.......... ~~. -" .... ,:.1 t7\ rl e. Q ~~ ~;t r.o "--'''-:::~..,''., :;' ,~' ;:r;:':. ", ,,- ,.;~ \,~ \~ ';... 1.\ : \ .. _. r.-:'-::-J ".. .......; .. .... i l .~\. I ,.:. . ~ : ~ ~ \~'I ~~ . i.: -.. ~ .~ .'., ~i: \~'-.. _;. 1: ~'l;,;( I.:'''. ". :: ~ '~ 0 ~ ,',..,r.-:'-:;i. n~r'~~~".,__,U, u ~/:/' \" : .: .i.......,,;~ \l ... -- ..... , u- ... .J ~ ...,. ()IJ ~ " , .'.., "'0 ~ /~ /;" ~".\~'O~ ~. ~ \)C\ "- ..,,' __0' ','I: ( ~ WEST 473.3" D PRELl MI NARY. PROPOSED PIPELINE CROSSING PROPERTY OF J. S. P. PROPERTIES GROUP ENOCH BRINSON SURVEY A-5 HARRIS COUNTY I TEXAS ~ UNIVERSAL ENGINEERING L N I l. SERVICES INC (~ . ", -- DRAWING NO. REV. APeI - 709.32 e e "EXHIBIT e" paqe 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100" wide and contiguous to either Fairmont Parkway, state Highway 225,' or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit.. A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment'that fronts on an improved pUblic right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed l50 square feet in area'. . One freestanding identification sign for identifying multiple businesses is allowable'at the intersection of improved public rights-of-way. I' iii . Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation, and underbrush, create a continuous visual screen. " b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base'and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. e e "EXHIBIT e" Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approveq. driveway access and identification signs. I' '" For cases of' new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. 3. 'Driveways opening from said strip of land onto State Highway 225 or state Highway 146 shall be subject to the rules and regulations of the Texas ,Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subj ect to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover ,on Fairmont Parkway shall be subject to the approval of both Harris County and city. - City of La Porte ESlilhlishl!d 18lJ 2 November 9, 1994 Drago Supply Company, Inc. Attention: George Bugel P. O. Box 1647 Port Arthur, TX 77641-1647 Re: Industrial District Agreement (IDA) Exhibit B Dear Mr. Bugel: Per our telephone conversation and your letter dated February 4, 1994, we understand that Drago Supply Company, Inc. does not have a suitable Exhibit liB" showing plant improvements. Therefore, we will make other arrangements. If in the future you have a site survey prepared, please forward a copy to us. Once we decide on a suitable alternate we will contact you. IJ/jm I'l ),1\,,\ III" · 1.11'.,1'1,', "1"'..'..1' 77"7~ Illi · ,71 ;I'17I,""~'\ . _0. _-.ul'....... jI.. ....1 -- e ORDINANeE NO. 2000-IDA-20 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH OXY VINYL' S L. P. (BATTLEGROmm PLA!a'), FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECBKBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFEeTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. OXY VINYLS L.P. (BATTLEGROUND PLANT) has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and, subject of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the 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. e e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~tJ.. if AAiHl) Mar a . Gillett City Secretary AP~zt! Knox W. Askl.ns, City Attorney By: ~~ Norman L. Malone, Mayor 2 . .... . - -~.... ...... ..-.. ..--.... '-.. . .. fo~ e e NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT mad~ and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Oxy Vinyl's L. P. (Battleground Plant) , ,a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting ,the location of new and the expansion of existing industrie$ therein, and such policy is hereby reaffirmed and adopted by this city Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, city has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, coqified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land, being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", \olhich plat describes the ownership boundary lines; a site layout, showing all improvements, ,including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and ' WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the, mutual agreements of the parties contained herein and pursuant to the authority granted under ,the Municip~l Annexation Act and the Ordinances of City,referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 e e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it, any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of, land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the, Texas Water Code, the Texas Clean Air Act, the Texas Health & safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not ~ubject to the Agreement. ... II. In the event that any portion of the Land has heretofore been annexed by city, Company agrees to render and pay full city ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas LegiSlature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the un annexed area shall be conducted by City, at city's expense, by an independent appraiser of city's selection. The parties recognize that in making such appraisal for .. in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. ,On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the i~ediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the.Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or simil(;lr form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by ~ilment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to city and pay an amount "in lieu of ,taxes" on Company's Land, improvements and tangible personal property in the,unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to ci ty if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of 'the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase, in value of the Land, ,improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1,2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction' had been within the corporate limits of City and appraised by city's independent appraiser, in accordance' with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. ., w For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City'S independent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed por.tion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter unti 1 December 3l, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation 'proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after'January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the state of Texas which imposes greater restrictions on the right of City. to annex land belonging to Company or imposes further obligations on city in connection therewith after the annexation of such lan~, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. It: V. "This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the 'total amount of ad valorem taxes on the annexed portions, ;~plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to Ci ty in accordance wi th the 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may' be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of 'the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and. costs. B. Should Company disagree wi th any appraisal made by the independent appraiser selected by City pursuant to Article II above (WhiCh shall be given in writing to Company), Company shall, within twenty (20) days of +eceiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement' setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good fai tli negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreemen~ as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company' s valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one pe+son named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to, the benefit of and be binding upon ci ty and, Company, and upon Co~pany' s successors and assigns, affiliates and SUbsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to i~ within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this I' A'greement. IX. If city enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is,in effect~ which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In th~ event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of tpe term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 200l. Oxy Vinyl's L.P. (COMPANY) By: ~~ #~ - Name: GeorKe Hargett Title: Director - Property & Excise Tax Address: POBox 27570 Houston, Texas 77227-7570 I' iii ~, ATTEST: ~~tt. )JMbJ i y Secretary By: Norman Mayor By: ~ ~~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471-:,2047 8 "~';.~.:'.' '" .,_. 'oP___"..~.,.". e e Exhibit A DESCRIPTION STATE OF TEXAS s s s COUNTY OF HARRIS 197.1117 ACRB TRACT OUT or OCCIDENTAL CHEMICAL CORPORATION PROPERTIES, LOCATED IN THE AR'l'RUR McCORMICK SURVEY, ABSTRACT 46, HAlUUS COUN'l'Y, TBXAS DESCRIPTION of a 197.1117 acre tract of land, out of and a part of the following two tracts of land: 1) A called 220.28 acre tract of land described'in Deed from Phillips Petroleum Company to Diamond Shamrock Corporation (now owned by Occidental Chemical Corporation), dated May 30; 1972, and recorded in County Clerk's File NO. 0-605635, Film Code 145-26- 2538 of the Official Public Records of Real Property of Harris County, Texas; 2) A called 75.57 acre tract of land described in Deed from Phillips Petroleum Company to Diamond Shamrock Corporation, dated September 30, 1970, and recorded in County Clerk's File No. D-195839, Film Code 121-28- 0197 of the Official Public Records of Real Property of Harris County, Texas; located in the ARTHUR McCORMICK SURVEY, Abstract 46, Harris County, Texas, said 197.1117 acre tract of land is described as follows: NOTE: all bearings are grid, based on the Texas coordinate system, south central zone, 1927 North American datum; TO FIND the point of beginning, COMMENCE at a 4.x 4- concrete monument found at the southeast corner of San Jacinto State Park and a called 35.59 acre tract as described in Correction Deed from J. B. Hine, et al to The' State of Texas, dated November 14, 1946, as recorded in Volume 1610, Page 410 of the Deed Records of Harris County, Texas; INTFIN2.doc Exhibit A . Page 1 e e DESCRIPTION THENCE South 25 degrees 07 minutes 07 seconds West, a distance of 1978.40 feet to a set l-inch aluminum pipe with 3 %-inch aluminium cap (stamped Occidental Chemical Corp.) set for the northeast corner of a called 220.28 acre tract of land described in Deed from Phillips Petroleum Company to Diamond Shamrock Corporation (now owned by Occidental Chemical Corporation), dated Hay 30, 1972, and recorded in County Clerk's File No. 0-605635, Film Code 145-~6-2538 of the Official Public Records of Real Property of Harris County, Texas, from said northeast corner a found concrete monument bears North 25 degrees 50 minutes 31 seconds a distance of 0.62 feet; THENCE South 78 degrees 07 minutes 36 seconds West, a distance of 356.82 feet to a set I-inch aluminum pipe with 3 ~-inch aluminium cap (stamped Occidental Chemical Corp.) set for the POINT OF BEGINNING of this herein described 197.1117 acre tract; THENCE South 25 degrees 07 minutes 07 seconds West, a distance of 1426.26 feet to a set 1-inch aluminum pipe with 3 %-inch aluminium cap (stamped Occidental Chemical Corp.); THENCE South 70 degrees 48 minutes 14 seconds West, a distance of 205.22 feet to a set l-inch aluminum pipe with 3 ~-inch aluminium cap (stamped Occidental Chemical Corp.): THENCE North 53 degrees 05 minutes 53 seconds West, a distance of 201.40 feet to a set 1-inch aluminum pipe with 3 ~-inch aluminium cap (stamped Occidental Chemical corp.): THENCE South 87 degrees 29 minutes 07 seconds West, a distance of 2802.20 feet to a set l-inch aluminum pipe with 3 ~-inch alumdnium cap (stamped Occidental Chemical Corp.); THENCE North 02 degrees 27 minutes 53 seconds West, a distance of 60.00 feet to a set 1-inch aluminum pipe with 3 ,~-inch aluminium cap (stamped Occidental Chemical Corp.) set for a re-entrant corner: THENCE South 87 degrees 29 minutes 07 seconds West, a distance of 60.00 feet to a set 1-inch aluminum pipe with 3 %-inch aluminium cap (stamped Occidental Chemical Corp,,): 197.1117 Ac. Exhibit A - Page 2 INTFIN2.doc e e DESCRIPTION THENCE North 02 degrees 27 minutes 5,3 seconds West, a distance of 589.10 feet to a set l-inch aluminum pipe with 3 ~-inch aluminium cap (stamped Occidental Chemical Corp,); THENCE North 22 degrees S3 minutes 07 seconds East, a distance of 2869.08 feet to a set 1-inch aluminum pipe w~th 3 ~-inch aluminium cap (s~amped Occidental Chemical Corp.): THENCE North 81 degrees Sl minutes 25 seconds East, a distance of 377.03 feet to a set J-inch aluminum pipe with 3 ~-inch aluminium cap (stamped Occidental Chemical Corp.): THENCE South S3 degrees 05 minutes 53 seconds East, a distance of 2863.89 feet to a set l-inch aluminum pipe with 3 ~-inch aluminium cap (stamped Occidental Chemical Corp.); THENCE South 14 degrees 39 minutes 25 seconds East, a distance of 270.83 feet to the POINT OF BEGINNING cont~ining 197,,1117 acres of land. SURVEYED January, 1999 By hn P. Griff' gistered Professional Land Surveyor No. 2032 197.ll17 Ac. Exhibit ~ - Page 3 INTFIN2.doc e e Pipeline Corridor Corridor Fee Tract The property conveyed to Diamond Shamrock Corporation by Fluor Corporation by instrument recorded under Clerk's File No. E091698 at Film Code No. 174-39-1279 in the Official Public Records ofRcal Property of Harris County, Texas. Assigned Easements 1. Pipeline easement granted to Diamond Shamrock Corporation by Rohm " Haas Texas, Inc. by instrument dated April 17 , 1974, recorded under Clerk's File No. E204876 at Film Code No. 106-17-2339 in the Official Public Records of Real Property of Harris County, Texas<;lffice of the County Clerk of Harris County, Texas. 2. Pipeline easement granted to Diamond Shamrock Corporation by Union Equity Cooperative Exchange Inc. by instrument dated November 6, 1973, recorded under Clerk's File No. E086633 at Film Code No. 174-33-0333 in the Official Public Records of Real Property of Harris County, Texas 3. Pipeline easement granted to Diamond Shamrock Corporation by Robertson Land Company by instrument dated February 12, 1974, recorded under Clerk's File No. E086632 at Film Code No. 174-33-0327 in the Official Public Records of Real Property of Harris County, Texas. I' iii Permits Grantor is assigning its rights in and to certain permits rights that relate to the corridor pursuant to a Bill of Sale and Assignment dated of even dat~ herewith. and such rights are not included in tbe Property conveyed to Grantee pursuant to this Deed. F:\AHJ405\0CC4B0\51012\BTItGRND\DBED (BIUlqraupd DeccI) ...: ~.~ L .' .........f...~ .0.:' ......_..."... .......... ...................... e Reserved Easements e A perpetual, non-exclusive easement over and upon the Property for the purpose of (a) installing, maintaining, removing, replacing, relocating, using, and operating facilities and equipment which are (i) required by the Applicable Environmental Laws as defined in the Contribution Agreement; or (ii) deemed necessary or desirable by Grantor to satisfy its environmental responsibilities whether under the Contribution Agreement. this Deed or otherwise; and (b){i) testing, analyzing, sampling and investigating; or (ii) remediaung soil, ground water and solid waste on or around the Property as required under the Applicable Environmental Laws or deemed necessary or desirable by Grantor under the Contribution Agreement, this Deed or otherwise. .' '" F:\AH1405\0CC48D\58012\BlTLCl1Uft)\DEED (Banlesralllld Peed) e 'e "EXHIBIT e" Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, , screening, driveways and median crossovers,. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said lOa' strip of land shall be subject to the following provisions: , , . One freestanding identification sign shall be permitted for each side ,of an industrial establishment that fronts on an improved pUblic right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved pUblic rights-of-way. ?; Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is' developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination, of' trees, shrubs, and ground cover. All berms and landscaping' wil'l be maintained by the property owners. e e "EXHIBIT e" Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band, c above, the actual length of required screening. along the roadway will be equal to the length of'the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company to: shall meet with City to determine a suitable landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or state Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. ' Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the. approval of both Harris County and City. - . ORDINANCE NO. 2000-IDA-21 AN ORDINANeE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH EURECAT, U.S., INC., FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING ~IOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING eOMPLIANeE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFEeTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. EURECAT, U.S., INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for .all pUrposes. Section 2. The Mayor, the City Manager, the City Secretary, and the city Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1. hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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. . e o. ...__..._............. .........._ . PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~~~i1~eJjmt1 ci ty Secretary . ~ .~ Knox W. ASkins, City Attorney By: 2 w-~ e e rnr:~l~~-~J G ASST. CITY MANAGER OFFICE NO. 2000-IDA- 21 STATE OF TEXAS { { { { { COUNTY OF HARRIS INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal c~oration of Harris County, , Texas, hereinafter called "CITY", and. ~(!"M; tJ.5. i na.. . , ' , a I}"6W .J1il6€i'1 corporation, hereinafter called "COMPANY", . . ' WITNESSETH: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas,' to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attract~ng the location of new and the expansion of existing industries therein, and su,ch policy is hereby reaffirmed and adopted by this City council as ~eing in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, city has' enacted Ordinance No. 729, des~qnating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", ~ereinafter collectively called "District", such Ordinances being, !n compliance with the Municipal Annexation Act of Texas, codified as section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial Di~trict of th~ City of La Porte, s?lid land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", wbich plat describes the ownerShip boundary lines; a site layout, Showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinanc~s of City'referred to above, City and'Company hereby agree with each other ,as follows: FINAL DRAFT: February 24, 2000 e e I. city covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritoriai status as an, industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of th~s Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore a~nexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over .the conduct of business thereon; provided, however, any portion of Land constituting a ,strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146, 'shall be ~ubject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial, proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & safety Code, or other federal. or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not 'ubject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees, to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal 'property. ' Under the terms of the TexaS ~roperty Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, ,and tangible personal property shall be determined by. the Harris County Appraisal District. The parties hereto recognize that said,Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, .the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of Ci ty , s selection. The parties recognize that in making such appraisal, for "in lieu II payment purposes, such appraiser must of necessi ty appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the, Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land' and all improvements and tangible personal property located on,the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or simil~r ,form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes cOllectiv,ely called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec.' 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute 'a waiver by Company for the cur+ent tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a If?ritten report of the names and addresses of all persons and Intities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products, in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to ci ty an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). ' D. Company agrees to render to City and pay an amount "in lieu of taxes" on ,Company's Land, improvements and tangible personal . property in the unannexed area equal to the sum of: 1. F~fty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised ";1&r" 3 e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in valu~ of the Land, improvements, and tangible personal property (excluding inventory) dedicated, to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction ~n progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of city and appraised by City's independent' appraiser, in accordance with the applicable provisions of the ~exas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) ,above; is defined as an increase in value that is the lesser of either: ' i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. I' ~ For the purposes of this 'Agreement, multiple projects ~hat are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c,) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to ci ty on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of 'leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 e e in accordanc;:e with the applicable provisions of the Texas Property Tax Code. wi th the sum of 1, 2 and 3 reduced by the amount of Ci ty' s ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a ,period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time, upon mutual consent of' Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 3~, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, Ci ty shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. ' Company agrees that if the Texas Municipal Act" Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by,the Legislature of the State of Texas which imposes greater restrictions on the right of city to annex land ,belonging to Company. or imposes further obligations on City in connection therewith after the annexation of such lah~, Company will waive the right to require City to comply with any such additional restrictions or obligations and the ,rights of the parties s~all be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same ~isted January 1, 1994. ,V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns ev:en though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris county Appraisal District for any year or, years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce 'the same. ' Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, "plus (b), the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which ~ould be due to ci ty in accordance with the 5 e e foregoing provisions of th~s Agreement on the basis of renditions which shall be filed by Company. When the city or Harris County Appraisal District (as the case,may be) valuation on said property of Company has been so finally determined, either as the result of final 'judgment of a court of competent jurisdiction or as the result ,of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional paYment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company 'disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to 'be the market value of Company's hereinabove described property. Both parties. agree to thereupon enter into good fai th negotiations in. an attempt to reach an agreement as to the lIlarket value of Company's property for "in lieu" purposes hereunder. If, aft~r the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as ~ovided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agr~es to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total. amount,of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1,. A Board of Arbitrators shall be created composed of one person named by Company, one by city, and a third to be named by those two. In case of no agreement on this, "rbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.s. District Court, for ,the Southern District of Texas appoint the third arbitrator who, ,(as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "i~ lieu" payment and total payment hereunder for the year in question. ,The Board shall hear and consider all releyant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act, (Chapter 171, "General Arbitration", Texas civil Practice and,Remedies Code). Costs of the arbitration , shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. 'VII., City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in paYment of "in lieu of taxes" paYments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon ci ty and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other, manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to 'it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company'situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of ~signee, of any disposition of the Land, and assignment of this Agreement. ' IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is, in effect, which contains terms and provisions more favorable to the landowner than those tn this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the' event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable I from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. ~j?; , ATTEST: ~&Jffi6v(j. /111&t/. ' CJ.ty Secretary Phone: (281) ,471-1886 Fax: (281)' 471-2047 By: By: eJ~e41Ils. I () Q. ~ h' (C~MPANY) Name: ~"lInD. Title: Addre~s: tJJf:D~ ~ ~ W1VL By: G~ '"\.. ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 e e IIEXBIBIT A'I (Metes and Bounds Description of Land) (,;,:; . ~.. e e ~Sj-~~~l - ..... SHA'NKS SURVEYORS BIlly L. Shenk, REGISTERED PUBLIC SURVEYOR , MD Clelftlnl,,1uI1e.. H..ton. T.... naa 411. UN SEJ'TENI\ER U, 19RJ A 3.0~ ACRE TRACT OUT Of' THE GEORGF. H. ~lcKINSTRY LEAGUE, ABSTRACT 47, AND THE Wrol. M. JONES SURVEY, ABSTRACT '482, HARRIS COUNTY, 'TEXAS,: BEGINNING AT AN IRON ROD SET IN THE EAST RJ;GIIT-UJ-"-WAY LINE OF BAYI'ARI\ ROAD (100) FEET WIDE), SAID IRON ROD BEING N 020DEGS. 2H M~NS. 20 SECS. W 92.00,FF.ET ALONG THE EAST LINE OF BAY PARK ROAD FROt-! TIfE COfoL'10t\ LINE RETWEEN THE "'1. N. JONES SURVEY AND THE GEORGE Hcl\IWSTRY LEAGlIE, SAID 'IRON ROD ALSO BEING S 02 DECS. 28 HINS. 20 SECS. W 7M.OO FEET ALONG THE EAST LINE OF BAYPARK ROAD FRO~I ROD NO. 2679 HARKINC; THE NORTIf"EST CONNER OF A 100 ACRE TRACT; THENCE N 87 DECS. 29 HINS. 52 SECS. F. 381.00 FEET TO A ~ INCH IRON ROD; THENCE S 02 DECS. 28 MINS. 20 SECS. E 3~9.00 FEET TO A % IN~H IRON ROD; \ TRENeE S 87 DEGS. 29 !>IINS. 52 SECS. W 381.0U FEET TO A ~ INCH I-RON ROI> IN THE EAST RIGHT-UF-WAY LINE OF BAYl'ARI\ ROAD; , , THENCE N 02 DECS. 2H foIJNS. 20 SECS. \i 349.00 FEET ALONG THE EAST RICHT-OF-\.JAY LINE OF BAYPARK ROAD TO TilE 'I'OINT OF n:CINNING AND CONTAINING 132.9&9 SQUARE FEET OR 3.05 ACRES OF LAND. ~'-- 4?iir:~~~ ,~.. .. -". . ~.....: .... ~. ...... .... ......1 .....:... << BII.L T L. ~nANICS \.......... ............ . '2'" . . (.', . .. I :!l: , ~ I, . ,-0,'0 ,~s.t"..!., .,.t~.:L" ~.: "S:j~"''''"' ." ,of,.,. l~ifl.~1 I I' lilt; e e , IIEXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout, showing all, improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) .:" e e IIEUIBIT ell Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide, and contiguous to either Fairmont Parkway, ' state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new siqnage, screening, drivewaY$ and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit !'A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One f'reestanding identification sign shall be permitted for each side of an indu~trial establishment that fronts on an improved public riqht-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. I- 't One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-Of-way. . Freestanding identification siqns for multiple businesses shall not exceed 350 square feet. . . Freestanding identification signs shall. not exceed' 45 feet in height. . Minimum "setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip' beyond any existing pipeli~e easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the follow~ng techniques: a) Leav~ng in place existing trees, vegetation, underbrush, etc. to provic:ie a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. ' b) The use of ,earthen berms with approximately 3: 1 side slopes, 50' wide at the' base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and'landscaping will be maintained by the property owners. e e "EXHIBIT ell Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be ins~alled and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and mainten~nce of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to' the length of the new ,development that is parallel to the roadway.' Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement, and shall be kept free from any improvements except for approved driveway access and identification signs. ~;~ For cases of new development or improvements where a 50 ' landscape easement is not available or practical, Company 'shall meet with city to' determine a suitable lands,caping alternative. 3. , Driveways opening from said strip of land onto state Highway . 225 or state Highway 146 shall be subject to the rule~ and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land ,onto Fairmont Parkway spall be subj ect to the rules and regulations of Harris county and provisions of the city's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may ,require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris ,County and city. e e American Property Tax Service, Inc. Property Tax Consultants 6666 Harwin, Suite 350 ' ~ IE CleO \VI E ~ Houston, Texas 77036 Telephone No. 7131278-0222 FuN.mbu7l3l21ll..... . ~Ul 5 2000 . II Monday, July 03, 2000 Mr. Robert T. Herrera, City Manager City of La Porte Post Office Box 1115. La Porte, Texas 77572-1115 , "GllYMANAGER'S i' ., i:OFlilCE: ' , , II . .. , ! '-0:_""'.' , . . .... Ii ',.J ' Ii f' '\ i , i ~ f ~. . . . UUj J.lr52lD1 /L'/! , ' A~"-T .,.-, -;-:----...J J I " ;,;;.. l." \ ?/J.d.!\G:.;H , OFfiCE '; " Re: Industrial District Agreement(IDA), Eurecat US, Inc. Dear Mr. Herrera: As per your letter of June 20th, 2000, enclosed please find a copy of the Exhibit B and the plat showing all of the boundaries of the property for the above referenced plant. If you require additional information on this matter, please let us know. I' \i.I~ e e City 'of La Porte Established 1892 May 5, 2000 Eurecat U.S., Inc. c/o American Property Tax Service 10101 S.W. Freeway, Suite 540 Houston, Texas 77074 Re: Indust~ District-Agreement ~A), (Series 2001-2007) Gentlemen: Two executed originals of the Industrial District Agreement (IDA) were received from you on May 4; 2000. While rev~ewing, the documents for completeness, we noticed your firm did not furnish an Exhibit" A" and Exhibit "B". If you warrant that Exhibit" A" and Exhibit "B" furnished for the previous IDA (Series 1994-2000) is current, we will attach the previous exhibits to both originals: If changes have oc~ed, please send.1,ls (2) copies no later than June 1,2000. ~.\i Please indicate your acknowledgement and agreement by signing' and returning this letter~ Once these matters are resolved we will present these documents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding this matter call JoIui Joems at (281) 471-5020. Thank you for your cooperation in this matter. Sincerely, S~ T. \t~ Robert T. Herrera City Manager, Use,previous "Exhibit" A" New Exhibit "A" to be furnished Use previous "Exhibit "B" New Exhibit "B" to be furnished Yes Igj o ~ o No o o o o .: ,q'( : (Company) By: tI ~ j.. (;, u) Name: A",c:.v\cc."\. \~"""f .TA.A601,/~. Title: 'It9x ~.{.h'- Address: ~"'..., CJ..~ a ~vcz-. · (281) 471-5020 1'.0, Box 1115 · La Porte, Texas 77572-1115 e e American Pr,operty Tax Service, Inc. Property Tax Consultants 6666 Harwin, Suite 350 Houston, Texas 77036-1474 Telephone: 713/278-0222 Fax Number 713/278-0444 Monday, May 22, 2000 rBJ ~ C IE ~ \VIlE fR) ~11 MAY 24 2000 lW Mr. Robert T. Herrera, City Manager City of La Porte, Post Office Box 1115 La Porte, Texas 77572-1115 CITY MANAGER'S OFFICE . RE: Industrial District Agreement(IDA) Eurecat US, Inc. Dear Mr. Herrera: As per your request of May 5, 2000, in which you inquired as to changes that may , have occurred in the "Exhibits A & B" of the IDA for the company referenced above. We have discussed and verified with the Eurecat that since last IDA, there has been no changes in the "Exhibits A & B". As a result, we are mailing the request back to you with 'proper affirmation. Please call ify-ou have any questions'or comments on this matter. ~'. .:. e e City of La Porte Established 1892 May 5, 2000 Eurecat U.S., Inc. c/o American Property Tax Service 10101 S. W. Freeway, Suite 540 Houston, Texas 77074 . Re: Industrial District Agreement (IDA) (Series 2001-2007) Gentlemen: Two executed originals of the Industrial District Agreement (IDA) were received from you on May 4, 2000. While reviewing the documents for completeness, we noticed your firm did not furnish an Exhibit "A" and Exhibit ":8" ~ If you warrant that Exhibit "A" and Exhibit "B" furnished for the p,:'evious IDA (Series 1994-2000) is current, we will.attach the previous exhtbits to both originals. If changes have occurred, please send us (2) copies no later than June 1, 2000. ,I,i ~ Please indicate your acknowledgement and agreement by signing and returning this letter. Once these matters are resolved we will present these documents to City Council for ' approval and we w~ return an original, set to you. If you have' any questions or concerns regarding this matter call John Joerns at (281) 471-5029. Thank you for your cooperation in this matter. Sincerely, S~ L.""~ Robert T. Herrera City Manager Use,previous "Exhibit "A" New Exhibit" A" to be fuinished Use previous "Exhibit "B" New Exhibit "B" to be furnished Yes o o o o No o o o o (Company) By: Name: Title: Address: P,O, Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e City of La Porte Established 1892 June 20, 2000, Eurecat U.S., Inc. c/o American Property T~ Service 10101 S.W. Freeway, Suite 540 . Houston, Texas 77074 Re: Industrial District Agreement (IDA) (Series 2001"-2007) Gentlemen: . , Two executed originals of the Industrial District Agreement (IDA) were received from you M~y 4, 2000. While reviewirig Exhibits A & B we found the following: > Exhibit B does Dot show all property boundaries. p,lease forward a correct Exhibit "B" to us by July 20,2000. Once these matters are resolved iii . we will present these documents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding this matter call Brian Sterling, Engineering Technician, at 281-471-5020. Thank: you for your cooperation in this matter. Sincerely, ~~T.~ Robert T. Herrera City Manager c: Doug Kneupper, Director of Planning Brian Sterling~' Engineering Technician P.O,' Box'1115 .:I La Porte, Texas 77572-1115 · (281) 471-5020 . e ORDINANCE NO. 2000-IDA-22 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN IHDUSTRIAL DISTRICT AGREEKEH'l' WITH THE DOW CHEKICAL eOMPAHY, FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; HARING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN BFFEeTIVE DATE HERBOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. THE DOW CHEMICAL COMPANY has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the city Secretary, and the City Attorney of the city of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section' 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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. e e PASSED AND APPROVED, this 28th day of August, 2000. By: ATTEST: ~~i~ City Secretary AP~. Knox W. Askins, City Attorney ~ I, '\. I j ,-..) Norman L. Malone, Mayor 2 ~ . -. ' , .' NO., 2000-IDA- 22 { { STATE OF TEXAS { { COUNTY OF HARRIS { INDOSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and THE DOW CHEMICAL COMPANY , a Delaware corporation, hereinafter called "COMPAN~", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the city of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the 'City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as peing in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City 'has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being .,in compliance with the Municipal Annexation Act of Texas, codified was Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land wi thin a designated Industrial District of the City of La Pprte, said land b.eing legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, i:t:lcluding pipelines and railroads, and also showing areas of the Land previously annexed by the City o~ La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City'referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 ~' '. e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to, have extended to it, any services by City, and that all Land, including ,that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or cod~s, or (c) attempting to exerc~se in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land lOa' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "c" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of :the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas LegiSlature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by' the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by city, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such, appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entir,e (annexed and unannexed) Land, improvements, and tangible personal property. 2 e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tang~ble personal property located on the Land as of the immediately preceding January lst, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company-authorized to do so, or Company's duly authorized' agent, (the Company's "Rendition"). Company may file such Rendition on ,a Harris County Appraisal District rendition form, or similar form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III ( sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and ~I . . . ebt~t~es who store any tang~ble personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in' the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 200l, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount " in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to city and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to ci ty if all of the Company's Land and improvements which existed on January l, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payaple pursuant to subparagraph 2, below), had peen within the corporate limits of City and appraised 3 e . each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above'Jis defined as an increase in value that is the lesser of either: i. at least Five percent (5%)' of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. ~ For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January '1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to city on all of the company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicab~e Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the 'City's independ~t appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. ' with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris county Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon. mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an ~dditional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within ,the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such lan4, Company will waive the right to require City to comply with any such additional restrictions or obligations and'the rights of the parties shall be then determined in accordance with the p;t"ovisions of said Texas Municipal Annexation Act as the same ~xisted January 1, 1994. ' V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, "'plus (b) the total amount of the "in lieu' of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the 5 e e foregoing prov1s10ns of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of, competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as ~ovided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators ~hall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District'court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties .as to the fair market value, of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding' upon the parties, subj ect only, to judicial review as may be available under the Texas General 'Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally, by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by city in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon ci ty and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of a5signee, of any disposition of the Land, and assignment of th~s Agreement. . IX. If City enters into an Agreement 'with any other landowner with respect to an industrial district or enters into ,a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is,in effect~ which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such a~reement neither party hereto would enter into this Agreement. In the' event anyone or more words, phrases, clauses, sen~ences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 . - .~:. : e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of tbis Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective' the lst day of January, 200l. THE now CHEMICAL COMPANY (COMPANY) By: ayne ner Titl ite Manager, Dow,.La Porte/Hampshire Address: L2 Building 550 Battleground Rd. ta Porte, TX 77571 .' '" .;rJ:'EST: ~~et!!J411 By: .;s ~, ~~ofTL Knox W. .i\skins City .:\ttorney City of La Porte P.o. Box 1218 La Porte, TX 77572-1218 By: ~\.~ Robert T. Herrera City ?-tanager Phone: (281) 471-1886 Fax: (281) 471-2047 CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 '8 e e IIEXHIBIT All (Metes and Bounds Description of Land) I' iii e e TRACT I: 52.9251 acres of land in the Arthur McCormick Survey, Abstract No. 46, being that part or portion of Tract Two described in that certain Deed dated July 23, 1956,. from W. W. Kemmerer, et a1 to Ben G. Sewell, recorded in Volume 3192, Page 431, of the Deed Records of Harris County, Texas (herein after called the "Kemmerer Deed"), lying South of a line beginning at a point at ~ P9iRt in the East line of said Tract Two which point is the Northwest corner of that certain tract of 52.809' acres of land 'described in Exhibit ~ to that certain conveyance dated as of October 23, 1962, from the Carwin Company to The Upjohn Company, recorded in Volume 4908, Page 59 of 'the Deed Records of Harris County, Texas (said 52.809 acres of land being hereinafter called the "Carwin Tract"). and running in a Westerly direction as an extension of the North line of the Carwin Tract to the West line of the aforesaid Tract Two, described in the Kemmerer Deed. said West line also being the East line of that certain 31.058 acres of land described in that certain Deed dated April 28, 1952. fr9m J. Waldene Hine to Houston Lighting & Power Company. recorded in Volume 2440, Page 455, of the Deed ~ecords of Harris County. Texas (said 31.058 acres of land being hereinafter called. the "Houston Lighting & Power Company Tract"); the land hereby granted, bargained. sold an~ conveyed being more particularly described as follows. to-wit: " BEGI~NI~G at a point in the East line of the aforesaid Tract Two described Kemmerer Deed. which point is the Northwest corner of the Carwin Tract, and is by a 3/4ths inch iron rod; . . . \ in the marked THENCE South 10 deg. 07 min. West, along the East line of said Tract Two described in the Kemmerer Deed and the west line of the Carwin Tract, 1078.93 feet to,the Southeast ~orner of said Tract Two, which point is in the North line of that certain tract of land described as Tract One in that certain Deed dated June 28. 1963, from Philips Petroleum Company to The Upjohn Company, recorded in Volume 5185, Page 102. of the Deed Records of Harris County,' Texas (said Tract One being hereinafter called the "Philips Tract") and which point is marked by a 1/2 inch iron pipe; , THENCE South 88 deg. 56 min. West, along the South line of Tract Two described in the ~cmmcr~= ~:~d, =~d the North lin~ of the Philips Tract, 23Ci.65 feet to the Southwest corner of said Tract Two described in the Kemmerer Deed in the East line of the }~oustCln Lighting ,:ir rower Companj Tract. which point is the :'orthwest corner of the Philips Tract and is marked by a 5/8ths inch iron rod; THENCE North 22 deg. 48 min. East. along the West line of said Tract Two described in . the Kemmerer Deed and the East line of the Houston Lighting & Power Company tract, 1157.41 feet to the ~orthwest corner of the tract of land described herein, which point is marked by a 5/8ths inch iron rod; TnE~CE ~orth 88 deg. 56 min. East, 2048.61 feet to the POI~T OF BEGD.~I~G. /" TRACT II: Fifty-Two and Eight Hundred and Nine/One Thousandths (52.809) acres of land, more or less, in the Arthur McCormick Survey, Abstract No. 46, Harris.County, Texas, described by metes and bounds as follows: BEGINNING at a point in the South line of said Arthur McCormick Survey, said line being the Southwest corner of that 14.156 acre tract of land described in that certain Deed from J. Waldene Hine to Houston Lighting & Power Compar.)", recorded in Volume 2643, Page 145 of the Deed Records of Harris County, Texasi ~~~ THENCE South 88 deg. 57 min. 41 sec. West, along the South line of said Survey, 1051.17 feet to the Southeast corner of a 30-acre tract of land described in that certain Correction Deed from Merrill I. Richardson to Ben Richards, recorded in Volume 2728. 'Page 230 of. the Deed Records of Harris County, Texas, from which point a 3/4 inch rod is set South 01, deg. ~4 min. East, a distance of 0.47 feeti. , .,' mENCE North 01 deg. 04 min610~g the East lin~ of said Richards 30-acre tract 405.03 ;:' feet to the Northeast corner of said Richards 30-acre tract, marked by a 1-1/4th inch' 0, iron pipei THENCE South 88 deg. 56 min. West, along the North line of said Richards 30-acre tract 828.26 feet to the Southeast ,corner of the 149.86 acre or Second Tract, described in that certain Correction Deed from Merrill I. Richardson to H. L. Muse, Trustee, recorded in Volume 2717, Page 513 of the Deed Records of Harris County, Texas; THENCE North 10 deg. 09 min. East, along the East line of said Muse T:ustee 149.86 acre tract, at 518.25 feet passing a 1/2 inch iron pipe, a total distance of l;d78.55 feet to a point for corner marked by a 3/4 inch rodi THENCE North 88 deg. 57 min. 41 sec. East, the aforementioned Houston Lighting & Power set for corner; 1666.41 feet to a point in the West line of :j Company, 14.156 acre tract, a 3/4 inch 'ro~~j . .~:,:::.'; , .0.,...:'1:1\.'] . '.:~~) min. 34 sec. East. along the West line of said HOUston':;i~~ 14.156 acre tract, 1462.69 feet to the PLACE OF BEGINNING. '.',: ~:;~~~~~ :..~ .:'; .: 'THENCE South 01 deg. 11 Lighting & Power Company, '. :., ,,:"~~~: . . ':(~~~i; ''';.r','o, .' " .,.,.... . :. ~.' ;.' : ',' . :'f '.. e e' 0"''' {' ~ t"'1"'-n ~ ~ _ ~ _ I I -,/ 'oJ ..._ 'J.l '-I.. ,1 TRACT Ill-A: That certain Lot, Tract or Parcel of land situated in the Arthur ~!cCotT.1ick Survey, Abstract ~o. 46. containing 29.992 acres of land, more or less, ~nd being more parti- cularly d~scribed as follows: , ' BEGI~ING at a 3/4-inch iron rod at the intersection of the South line of said Arthur ~lcCormick Survey and the East line of a tract of land described in Deed dated April 28, 1952, from J. Wa,ldene Hine to Houston Lighting & Power Compan}", recorded in Volume 2440, Page 455 of t~e Deed Records of Harris County, Texas; THE~CE North 88 deg. 56 min. East, along the South line of said Arthur ~'kConnic~ Sur.vey, a distance of 3315.31 feet to the Southeast corner of this tract. ,which corner is also the Southernmost Southwest corner of a 52.S09-acre tract or land described in that certain Deed dated as of October 23, 1962, fro~ the Carwin Company to The Upjohn Company, recorded in Volume 4908, at Page 59 of the Deed Records of Harris County, Texas, from which corner a 3/4-inch iron rod is set South 00 deg. 04 min. East, a distance of 0.47 feet; THE~CE ~orth 01 deg. 04 min. West, along the Southernmost West line of said Cpjohn 52.S09-acre tract, a distance of 405.03 feet to a point marked by a 1-1/4-inch iron pipe; THE!:CE South S8 deg. S6 ~in. West, along the tolesternmost South line of said Upjohn 52.809-acre tract a distance of 828.26 feet to the Northernmost Southwest corner of said Upjohn 52.809-acre tract, and continuing a total distance of 3136.11 feet 'to a point for corner in the East line of the aforesaid Houston Lighting & Power Company Tract; THENCE South 22 deg. 4S min. West along the East line of the aforesaid Houston Lighting & Power Company Tract, a distance of 442.90 feet to the PLACE OF BEGINNING. I' '" SAVE AND EXC~PT fror. said 29.992 acres 0: land t~e following describ~d trac~ of land, to-wit: From 3/4-inch rod at southwest corner o~ ~=ac~ One, Volume 5185, Page 102, of the Deed Records c= Har=is county, Texas, 1963 July 11; TH~NCE Uorth 8ao 56' Eas~ a distance of 23~S.5l feet; ... THE!lCE Uorth 10 4" Nest a distance of 35. 83 fe~t to the sou~hwest corner 0: fanes sur~oundir.9 dru~ bur~al pit for point of beginning; ~HZ3CE Nor~h 8ao 56' East with said fence a distance-bf 10,6 feet: TH::::ICE lIo:::th lO 1,' West '.-1i t.h tha east line of said fence a distance of 40 faat; THEHGZ South 8ao 55' Ne!it with the nort.h line of said fence a distance c~ 106 feet; THE::CE Sout:h 10 4' East a distance of 40 feet t.o the point of beginning, so ~~ to include said d=u~ burial pit ~nd the surro~nd1nq tencc. . . e e 't ,- O '"" ~ ("! o"',""r) .. . --"~.". - ~. (j.. o ..' . \ .. .- TRACT III-B: That certain Lot. Tract or Parcel of land situated partly in the'George Ross Survey, Abstract No. ,646. and partly in the Arthur McCormick Survey, Abstract 46. containing 3.525 'acres of land, more or less, and being more particularly described as follows, to-wit: BEGI~~I~G at t~e point of intersection of the East line of said George Ross Survey with the South line of said Arthu~ HcCorm1ck Survey; TnE~:CE ~orth 88 deg'. 56 min. East, along the South line of said Arthur McCormick Survey, a distance of 352.4 feet to a point in the West line of the Houston Lighting & Power Company Tract referred to above in Tract No. III-A; TH~CE ~lorth 22, des. 48 min. East, along the West line of said Houston Lighting & Power Company Tract, a distance of 1,83.03 feet to a point for corner; '. THE~CE West and parallel to the South line of said Arthur McCormick Survey, a distance of 773.38 feet to a point 1n the East line of State Highway No. 134 (BattlegrC?und Road) I,. ,. THENCE South ,19 deg. 05 min. West, along the East line of said road, a ,distance of 239.00 feet to a point for corner; THENCE North 89 deg. 30.min. East, a distance of 428.6 feet to a point for corner in t~e E~st line of said George Ross Survey; THENCE North 00 deg. 35 min. West" along the East line of said George Ross Survey, a distance of 54.8 feet to the PLACE OF BEGINNING. e e "EXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of,La Porte.) ~ e e "EXHIBIT e" Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject" to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land descr ibed in Exhibit" A" which is adjacent to Fairmont Parkway" state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . ,One ,freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on a~,improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. '. Freestanding identification signs for multiple businesses shall not exceed 350 square fe~t. I' \i/ . Freestanding identification signs shall not exoeed 45 feet in heig:pt. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. ,", b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. e e "EXHIBIT e" Page 2 of 2. c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after "5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public u:tility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the" actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. . In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. I' \i/ For cases of new development or improvements where a 50 ' landscape easement is not available or practical, Company shall meet with Ci ty to determine a sui table landscaping alternative. 3. Driveways opening from said strip of land onto State Highway' 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and city. e e City of La Porte Es ta,blished 1892 May 2, 2000 Dow Chemical U.S.A. Attn: Tax Department - APB Bldg. 2301 N. Brazosport Blvd. Freeport, TX 77541 Re~. Indusqial District Agreement (IDA) (Series 2001-2007) Gentlemen: Two executed originals of the Industrial District Agreement (IDA) were received from you on May I, 2000. While reviewing the documents for completeness, we noticed the 2 sets of the metes and bounds legal description was not titled "Exhibit A." With your concurrence we will title this exhibit as "Exhibit A. " Also, we noticed 2 sets of the site layout were not titled "Exhibit B." With your concurrence we will also title this exhibit as "Exhibit B." Please indicate your acknowledgement and agreement by' signing and returning this letter. ~ Once these matters are resolved we will present these documents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding this matter call John Joerns at (281) 471-5020. Thank you for your cooperation in this matter. Sincerely, 6!~ T H-~ Robert T. Herrera City Manager Title Exhibit "A" Title Exhibit "B" Yes o o No o o (Company) By: Name: Title: Address: P.O. Box IllS' La P011e, Texas 77572-1115. (281) 471~5020 e City of'La Porte Established 1892 March 20, 2000 rD) lCClEDWrerm If\l MAY - 1 2000 lW Dow Chemical U.S.A. Attn: Tax Dept. - APB Bldg. 2301 N. Brazosport Blvd. Freeport, TX 77541 CllV MANAGER'S OFFICE Gentlemen: The City of La Porte and the committee representing industry have reached final agreement op a form of Industrial District Agreement for the seven year term commencing January 1, 2001. Copies of the agreement are attached to this letter.' . We also enclose a copy of the metes and bounds legal description which was attached to your' firm's current Industrial District Agreement. Please review carefully, and revise as necessary to reflect any additions or deletions to the legal description. Please insert the proper'corporate name and state of incorporation on the first page, and the corporate name and the name of the authorized officer executing the agreement, on the signature page. Please attach Exhibit "A" and "B" legal descriptions to two copies pf the contract, and forward .two fully executed copies of the contract to the City of La'Porte no later than May 1, 2000. Executed agreements received by that date will be placed on the City Council agenda of Tuesday, May 9, 2000, for formal approval. Thereafter, your firm will be furnished with a certified copy of the City's approval ordinance, and a fully executed copy of the agreement. We at the City of La Porte feel that the continuation of Industrial District Agreements, which first commenced in the City of La Porte in 1958, is mutually beneficial to the City and the nearly sixty companies with which it has such agreements. Thank you for your cooperation in this matter. Yours very truly, CITY OF LA PORTE By: Gu~~ T. ~ Robert T. Herrera, City Manager RTH:sw Enclosures r,(\Bllxlll~. La 1\lrtt.',Tt.'xas i7572-1 II; . (71IH71.5l'10 . . City of La Porte 'Established 1892 June 20,2000 Dow Chemical U.S.A. Attn: Tax Department - APB Bldg. 2301 N. Brazosport Blvd. Freeport, TX 77541 Re: Industrial District Agreement (IDA) (Series 2001-2007) Gentlemen: Two executed originals of the Industrial District Agreement (IDA) were received from you May 1, 2000. While reviewing Exhibits A & B we found the following: > Exhibit B does not show Tracts I, n, m-A, or ill-B. ~lease forward a correct Exhibit "B" to us by July 20, 2000. Once these matters are resolved we will present these do~ents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding this matter call Brian Sterling, Engineering Technician, at 281-471-5020. Thank you for your cooperation in this matter. Sincerely, ~~ T. \1~ Robert T. Herrera City Manager c: Doug Kneuppet, Director of Planning Brian Sterling, Engineering Technician' . n/""'\ n~_. ""1~ ..... T _ "__L__ "r_____ ,.,,..,,....,,.. 11..,.. _ ,,,,not' ...,.. ,.."...." / e City of La Porte Established 1892 ~ ~ <<: ~.l"-tJ' ~ ~ ~r --, . ;, I " . ! i JUl 2 0' i J L _ .J I C --,.~._----l ITY MANACLA'S OFn...;:: June 20, 2000 Dow Chemical U.S.A. Attn: Tax Department - APB Bldg. 2~OI N. Brazosport B!vd. Freeport, TX 77541 .._-~. . "'- . Re: Industrial District Agreement (IDA) (Series 2001-2007) Gentlemen: Two executed originals of the Industrial District Agreement (IDA) were received from you May 1, 2000. While reviewing Exhibits A & B we found the following: };> Exhibit B does not show Tracts I, II, III-A, or III-B. flease forward a correct Exhibit "B" to us by July 20, 2000. Once these matters are resolved \ve will present these documents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding this matter call Brian Sterli~g, ' Engineering Technician, at 281-471-5020. Thank you for your cooperation in this matter. Sincerely, ~~'\:: T. \1-~ Robert T. Herrera City Manager c: Doug Kneupper, Director of Planning Brian Sterling, Engineering Technician ~. 0" . , 1',ll(3,'\1113. 1..1l\'rtl'.T"\.b7737:-1113. (2~1)-t71-311211 e . City of La P'orte 'Established 1892 . June 20,2000 Dow Chemical U.S.A. Attn: Tax Department - APB Bldg. 2301 N. Brazosport Blvd. Freeport, TX 77541 Re: Industrial District Agreement (IDA) (Series 2001-2007) Gentlemen: Two executed originals of the Industrial District Agreement (IDA) were received from you May 1, 2000. While reviewing Exhibits A & B we found the following: ~ Exhibit B does not show Tracts I, ll, ID-A, or ill-B. Please forward a correct Exhibit "B" to uS by July 20, 2000. Once these matters are resolved we will present these documents to City Council for approval and we Will return an original set to you. If you have any'questions or concerns regarding this matter call Brian Sterling, Engineering Technician, at 281-471-5020. Thank: you for your cooperation in this matter. Sincerely, ~~ T. \-\~ Robert T. Herrera City Manager c: Doug Kneupper, Director of Planning Brian Sterling, Engineering Technician' . . pn Rnv 111~ . T" Pnrt" T"v"c: 77~7?_111~ . (?R1\ d71_~n?n e . City of La Porte Es tablished 1892 roJ ~@ ~ 0 \Yl ~ ~ wi MAY I 5 2000 I ~ J I L ___.__,_.___3' ASST. CITY MANAGEl1 0-1:1('- _..;..1'" .t: May 2, 2000 Dow Chemical U.S.A. Attn: Tax Department - APB Bldg. 2301 N. Brazosport Blvd. Freeport, TX 77541 Re: Industrial District Agreement (IDA) (Series 2001-2007) Gentlemen: Two executed originals of the Industrial District Agreement (IDA) were received from you on May 1, 2000. While reviewing the documents for completeness, we noticed the 2 sets of the metes and bounds legal description was not titled "Exhibit A." With your concurrence we will title this exhibit as "Exhibit A.", Also, we noticed 2 sets of the site layout Were not titled "Exhibit B." With your concurrence we will also title this exhibit as "Exhibit B. II Please indicate your acknowledgement and agreement by signing and returning this letter. ~ Once these matters are resolved we" will present these documents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding thIS matter call John Joerns at (281) 471-5020. Thank you for your ,cooperation in this matter. Sincerely, 6<~ T, H-~ Robert T. Herrera City Manager Title Exhibit "A" Title Exhibit "B" ~B By: Name: Title: Address: U:::JO~ E. Nl C.l-loL.5 1A'6- l.i.~~ IllS!)/? - "S W f{/i:{;,otV T A'L Oe.:\'\ - f\.e '6 ~c..o eo "230 \ ~t'U\<L:l.5'\Po~" ~~\J (): 1r"~e:l:fOR" TX T15~\ - -; 2li'1 P.O. Box 1115 . La POlte, Texas 77572-1115 . (281) 471~5020 e e ORDINANeE NO. 2000-IDA-23 AN ORDlNANeE AUTHORIZING THE EXEeUTION BY THE eITY OF LA PORTE OF AN INDUSTRIAL DISTRleTAGREEMENT WITH LA PORTE METHANOL eOMPANY, LP, FOR THE TERM eOIOlENeING JANUARY 1, 2001, AND ENDING DEeEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJEeT; FINDING eOMPLIANeE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFEeTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. LA PORTE METHANOL COMPANY, LP has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in section 1 hereof. section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city council was posted at a place convenient to the public at the City Hall of the . , City for the time required. by law preceding this meeting, as required by the' Open Meetings Law, 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. e e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~~a.~1i11l M r ha A. G1llett City Secretary APPROVED: ~ ~tA./ ~~ Knox W. ASkins, City Attorney By: 1 Norman Mayor 2 ~ e' e i! 11) ',1 /;;' 0;; If:' := ,. 'I 1".-'.___ I.J J .. ,. . -< ,,~.... ...,.... ". ,.,.. " i J 11 ri ',uu J MAY 3 I 2UUU . I " , L_ ! ....;1 L' 'A3ST.-C;;::,~~~.--:._--,...-3 I __ . ;';r-'r:; :!,":,i'';!/o:.GER I ......~ ....1-,.'1.. J' .- .....----=~------...~-- . .' NO. 2000-IDA-2!.. STATE OF TEXAS COUNTY OF HARRIS { { { { { INDUSTRIAL DISTRleT AGREEMENT WIT N E SSE T H: WHEREAS, it is the established policy 'of the city Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this city Council as being in the best interest of the City and its citizens; and ' WHEREAS, pursu~nt to its policy, City has enacted Ordinance No.. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground .Industrial District of La Porte, Texas", ,and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being ~n compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within' a deS!ignated Industrial District of the city of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and ' WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE,in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority 'granted under the Municipal Annexation Act and' the Ordinances of city~referred to above, City and Company hereby agree with each other as follows.: FINAL DRAFT: February 24, 2000 e e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions . of this Agreement, said District shall continue' to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the c,orporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and. regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146" shall be subject to the rules and regulations attached hereto as Exhibit "c" and made a part hereof i and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health ~ Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not Subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by city, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. ' Under the terms of the. Texas Property Tax Code (S.B~ 621, Acts of the 65th Texas LegiSlature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible pe~sonal property shall be determined by the Harris county Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the un annexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the- appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by city, at City's expense, by an independent, appraiser of City'S selection. The parties recognize that in making such appraisal for "in, lieu" payment purposes, such appraiser must of necessi ty appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 .e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land,' improvements, and tangible personal 'property in the annexed portion, for ad valorem tax purposes. III. A. On or before ,April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide 'City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent,' (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or simil~r form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1" 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of 't:axes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of prot~st and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and ~tities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ( "products in storage"), and, are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. . C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December. 31, 2007, Company shall pay to ci ty an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improyements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year durinq'the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the co~porate limits of City and appraised 3 e e each year by city's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation)~ for each, Value Year following completion of construction in progress, an amount equal to Thirty percent (30'%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised, by city's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b)' A Substantial Increase in value of 'the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase .in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. ~ For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase . in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests,'items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicab~e Value Year during the term of this Agr~ement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. wi th the sum of 1, 2 and 3 reduced by the amount of City I S ad' valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001; and continuing thereafter until December 31, 2007, unless extended for an additional.period or periods of time upon mutual consent of Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. . Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the state of TexaS which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply, with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of s~id Texas Municipal Annexation Act as the same ~xisted January 1, 1994. v. This Agreement may be extended for an additional period or periods by agreement between Ci ty 'and Company and/ or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest. the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, '.'plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property. which would be due to Ci ty in accordance wi th the 5 e e foregoing prov1s1ons of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris. County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree wi th any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the' City of such disagreement. In the event Company does no~ give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determinatIon of "in lieu of taxes'~ payments to be mad~ under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expi~ation of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the, 'parties agree to submit the dispute to final arbitration as ~ovided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to city on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basiS of Company I s valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. ' 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the' Chief Judge of the u.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration Shall be resolution of the ,difference between the parties as to the fair market value of Company's property for calculation of t~e "in lieuJ' payment and total payment hereunder for the year in question.. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review .as may be available under the Texas General Arbitration Act (Chapter 171, IIGeneral Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall ,be entitled to a tax lien on Company's above described property, all improvements thereon, and all t~ngible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. . VIII. . , This Agreement shall inure to the benefit of and be binding upon ci ty and Company, and upon Company's suC?cessors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, . assigns, or in any other manner disposes of, . either voluntarily or by operation of law, all or any part of the property belonging to it' within the. territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreem~nt or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of 8fsignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enter~ into a renewal of any existing ,industrial district agreements after the effective date hereof and while this Agreement is,in effect~ which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such ,agreeme~t or renewal agreement. x. . The parties agree that ~his Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the'event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application .thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be.deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this ~greement, all other previously exlsting industrial district agreements with respect to said Land shall terminate. . . ENTERED INTO effective the 1st day of January, 2001. By: Name: Title: Address: I' \i/~ ,u-',..~ ATTEST: ~/AJ(J. J4Ju41 i Secretary By: Norman Mayor OZt1~ Knox W. AskJ.ns City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By.: G~ T~ ~ Robert T. Herrera City' Manager CITY OF LA PORTE P.O. Box 1115 'La Porte, TX 77572-1115 Phone: (281) 471-18~6 Fax: (281) 471-2047 .8 e e 1&t-<.t \ \ ,- L.,Jt , II EXHIBIT ~ ~ Benefi'fted PrQper(y laI1I PARCEL 1 FIELD NOTES of a 28.6903 acre tract of land situated in the Enoch Brinson Survey, Abstract 5, Harris County, Texas and being out of and a part of that certain 23.2845 acre tract conveyed, by Syngas Company to National Distillers & Chemical Corporation by deed dated December 31, 1986, and recorded in County Clerk's File No. K905990 of the Official Public Records of Real Property, Harris County, Texas; out of and a part of that certain 20.9426 acre tract. called Parcel No. 2 described in deed from E. I. DuPont De Nemours &' Company to National Distillers & Chemical Corporation dated December 31, 1986, and recorded in County Clerk's File No. K905991 of the Official Public Records of Real Property, Harris County, Texas; .out of and a part of Lots 1, 2 and 3 of the A. O. Blackwell Subdivision acco~g to the map of record in Volume 83 at Page 343 of the Deed Records of Harris County, Texas; and out of and 'a part ot"Lots 48, 49 and 50 of the Strang Subdivision according to the map of record in Volume 75 at Page 22 of the Deed. Records of Harris County, Texas. This 28.6903 acre tract ofland is more particularly described by the following metes and bounds, to-wit:. NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTIJM PLANT COORDINATES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE ~t:ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. . BEGINNING at a 1 inch iron rod found in concrete for the Westernmost Northwest comer of the heretofore mentioned 23.2845 acre tract and the East line of that certain 10.43 acre tract conveyed by National Distillers & Chemical COIporation to Coastal Industrial Water AuthQrity by deed dated October 29, 1976, and recorded in County Clerk's File No. F014216 of the Official Public Records of Real Property, Harris County, Texas, at the Southwest comer of that certain 32.6510 acre tract of land conveyed by Millennium Petrochemicals, Inc. to Equistar Chemicals, L.P. by deed recorded in County Clerk's File No. S933609 of the Official Public Records of Real Property, Harris County, Texas. Said 1 inch iron rod bemg the Westernmost Northwest comer and POINT OF BEGINNING of said 28.6903 acres herein described. From this BEGINNING comer a 1 inch iron rod found in concrete at the intersection of the North right-of-way line of Strang Road (60 feet wide right-of-way) and the East right-of-~ay line of Miller Cut-Off Road (60 feet wide right-of-way).bears South 53 deg. 53 min. 10 sec. West a distance of 3146.92 feel This BEGINNING comer has a Quantum Coordinate Value of South 910~06 and East 4544.37. THENCE: North 41 deg. 26 min. 22 sec. East along the West line of said 28.6903 acres herein described (same being the West line of said 23.2845 acres and the South line of said 32.6510 acres) HOU03:IS7827.I e e for a distance of 680.71 feet to a ~ inch iron rod found for the Northernmost Northwest comer of this tract, the Northernmost Northwest comer of said 23.2845 acres and an angle point in the South line of said 32.6510 acres. THENCE: South 89 deg. 59 min. 25 sec. East along the North line of said 28.6903 acres herein described (same being the North line of said 23.2845 acres and the South fu:1e of said 32.6510 acres) for a distance of 450. 77 feet to a point in the East line of said Lot 3 of said Blackwell Subdivision at the shore line of San Jacinto Bay for the Northeast comer of said 28.6903 acres herein described; the Southeast comer of said 32.6510 acres and the Northeast comer of said 23.2845 acres. TIIENCE: Along and with the ~eanders of the shore line of said San Jacinto Bay (same being the East line of said 23.2845 acres, the East line of said 28.6903 acres herein described and the East line of Lots 3 and 2 of said Blackwell Subdivision) the following courses and distances: South 14 deg. 22 min. 22 sec. East - 25.05 feet. South 30 deg. 46 min. 36 sec~ East - 144.18 feet. North 86 deg. 59 min. 29 sec. East - 33.88 feet. South 44 deg. 44 miD, 06 sec. East - 61.43 feet' South 22 deg. 58 min. 50 sec. East - 20.64 feet. South 41 deg. 23 min. 39 sec. West - 22.89 feet. South 48 deg. 31 min. 53 sec. East - 9.6~ feet. North 47 deg. 11 min. 13 sec. East - 10.99 feet. South 32 deg. 29 min. 48 sec. East - 188.08 feet. TIIENCE: Along and with the meanders of~e shore line of said San Jacinto Bay (same being the ~ East line of said 23.2845 acres, the East line of said 28.6903 acres herein described and the East line of said Lot 2 of said Blackwell Subdivision) South 46 deg. 20 min. 09 sec. East a distance of24.10 feet to a point for an exterior comer of said 28.6903 acres herein described and the Northernmost comer of that certain 12.1206 acre tract surveyed this date. THENCE: South 40 deg. 37 min. 28 sec. ~est along an interior line of said 28.6903 acres herein described (same being the Northernmost West line of said 12.1206 acres surveyed this date) and at 78.90 feet pass a ~ inch iron rod set for reference, and at a total distance of 132.58 feet set a ~ inch iron rod for an interior comer of said 28.6903 acres herein described; same being an exterior Northwest comer of said 12.1206 acres surveyed this date. THENCE: South 46 deg. 51 min. 43 sec. East along an interior line of said 28.6903 acres herein described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of 79.85 feet to a ~ mch iron rod set for an interior comer of said 28.6903 acres herein described and an interior comer of said 12.1206 acres surveyed this date. THENCE: North 85 deg. 48 min. 16 sec. East along an interior line of said 28.6903 acres herein described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of HOU03: 151827. 1 e e 27.97 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and an interior comer of said 12.1206 acres surveyed this date. THENCE: South 4S deg. 33 min. 16 sec. East along an exterior line of said 28.6903 acres herein described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of 253.68 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and an interior comer of said 12.1206 acres surveyed this date. THENCE: South OS deg. 34 min. 29 sec. West along an exterior line of said 28.6903 acres herein described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of 60.12 feet to a ~ inch iron rod set for 1m exterior comer of said 28.6903 acres herein described and an interior comer of said 12.1206 acres surveyed this date. THENCE: South 40 deg. 53 min. 56 sec. West along an exterior line of said 28.6903 acres herein described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of 159.81 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and an interior comer of said 12.1206 acres surveyed this date. ' THENCE: North 49 deg. 21 nUn. 00 sec. West along an exterior line of said 28.6903 acres herein described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of 64.04 feet to a ~ inch iron rod set for an interior comer of said '28.6903 acres herein descn"bed and an exterior comer of said 12.~206 acres surveyed this date. THENCE: South 43 deg. IS min. 47 sec. West along an interior line of said 28.6903 acres herein described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of ~ 93.31 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres herein described and an interior comer of said 12.1206 acres surveyed this date. TIIENCE: North 48 deg. 53 min. 14 sec. West along an exterior line of said 28.6903 acres herein descz:ibed (same,being an interior line of said 12.1206 acres surveyed this date) for a distance of 193.93 feet to a ~ inch iron rod set for an interior comer of said 28.6903 acres herein described and an interior comer of said 12.1206 acres surveyed this date. THENCE: South 41 deg. 42 ririn. 31 sec. West along an interior.1ine of said 28.6903 acres herein described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of 344.09 feet to a ~ inch iron rod set for an interior comer of said 28.6903 acres herein described and the Westernmost exterior comer of said 12.1206 acres surveyed this date. THENCE: South 48 deg. 03 min. 53 sec. East along an interior line of said 28.6903 acres herein described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of 117.35 feet to a point for an exterior comer of said 28.6903 acres herein described and an interior comer of said 12.1206 acres surveyed this date. HOU03: 157827.1 e e THENCE: South 42 deg. 43 min. 57 sec. West along an exterior line of said 28.6903 acres herein described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of 23.03 feet to a point for an interior comer of said 28.6903 acres he~in described and an exterior comer.ofsaid 12'.1206 acres surveyed this date. ' THENCE: South 47 deg. 57 min. 24 sec. East along an interior line of said 28.6903 acres herein described (same being an exteriorJineofsaid 12.1206 acres surveyed this date) for a distance of 72.93 feet to a point for an exterior comer of said 28.6903 acres herein described and an interior comer of said 12.1206 acres surveyed this date. THENCE: South 41 deg. 27 min. 06 sec. West along an interior line of said 28.6903 acres herein described (same being an exterior line of said 12.1206 acres surveyed this date) for a distance of 12.98 feet to a point for an interior ~omer of said 28.6903 acres herein described and an exterior comer of said 12.1206 acres surveyed this date. THENCE: South 47 deg. 24 min. 52 sec. East along an interior line of said 28.6903 acres herein described (same being an exterior line of said, 12.1206 acres surveyed this date) for a distance of 72.93 feet to a Y2 inch iron rod set for an interior comer of said 28.6903 acres 'herein described and an exterior comer of said 12.1206 acres surveyed this date. THENCE: North 41 deg. 26 min. 18 sec. East along an exterior line ofsald 28.6903 acres herein described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of 226.13 feet to a Y2 inch iron rod set for an exterior comer of said 28.6903 acres herein described and an interior comer .of said 12.1206 acres surveyed this dat~. ~ THENCE: South 48 deg. 42 min. 03 sec. East along an exterior line of said 28.6903 acres herein described (same being an interior line of said 12.1206 acres surveyed this date) for a distance of 617.93 feet to a Y2 inch iron rod set for an exterior comer of said 28.6903 acres herein descn'bed and an interior comer of said 12.1206 acres surveyed this date. This comer is in the West or Northwest line of 14.4060 acres surveyed this date. THENCE: South 41 deg. 23 min. 52 sec. West along the East or Southeast line of said 28.6903 acres herein described (same being the West or Northwest line of said 14.4060 acres surveyed this date) for a distance of 17.43 feet to a fence comer post for an interior comer of said 28.6903 acres herein described; same being an exterior comer of said 14.4060 acres surveyed this date. THENCE: South 48 deg. 51 min. 09 sec. East along an exterior line of said 28.6903 acres herein described (same being an interior line of said 14.4060 acres surveyed this date) for a distance of 16.38 feet to a fence comer post for an exterior comer of said 28.6903 acres herein described and an interior comer of said 14.4060 acres surveyed this da~e. THENCE: South 41 deg. 12 min. 20 sec. West along an exterior line of said 28.6903 acres herein described (same being an interior line of said 14.4060 acres surveyed this date) for a distance of HOUOJ:157827.1 e e 67.37 feet to a fence comer post for the Southernmost comer of said 28.6903 acres herein described and an interior comer of said 14.4060 acres surveyed this date. THENCE: North 49 deg. 18 min. 43 sec. West along an exterior line of said 28.6903 acres herein described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of 227.23 feet to a fence comer post for an angle point in said line. THENCE: North 85 deg. 30 ~. 55 sec. West along an exteri~r line of said 28.6903 acres herein described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of 20.44 feet to a fence comer post for an exterior comer of said 28.6903 acres herein described and an interior comer of said 1'4.4060 acres surveyed this date. THENCE: North 49 deg. 52 min. 5S sec. West along an exterior line of said 28.6903 acres herein described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of 107.17 feet to an 80 penny nail set for an interior comer of said 28.6903 acres herein described and an exterior comer of said 14.4060 acres surveyed this date. THENCE: South 41 deg. 50 min. 12 sec. West along an ,exterior line of said 28.6903 acres herein described and an exterior line of said 14.4060 acre tract surveyed this date and at 115.21. feet pass . a ~ inch iron rod set for reference and at a total distance of 168.26 feet a point for an exterior comer of said 28.6903 acres herein described and an interior comer of sajd 14.4060 acres surveyed this date. THENCE: North 48 deg. 09 min. 48 sec. West along an exterior line of said 28.6903 acres herein described (same being an interior line of said 14.4060 acres surveyed this date) for a distance of ~ 54.84 feet to a ~ inch iron rod set for an exterior comer of said 28.6903 acres her~ 4escribed and an interior comer of said 14.4060 acres surveyed' this date. , THENCE: North 40 deg. 43 min. 24 sec. East along an exterior line of said 28.6903 acres herein described (same being an interior line of said 14.4060 acres surveyed this date) f~r a distance of 26.63 feet to an "x" in concrete for an interior cOJ;'1ler ofsaid'28.6903 acres herein described and an exterior comer of said 14.4060 acres surveyed this date. THENCE: North 48 deg. 44 min. 26 sec. West along an interior line of said 28.6903 acres herein described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of 62.17 feet to a ~ inch iron rod set for an interior comer of said 28.6903 acres herein described and an exterior comer of said 14.4060 acres surveyed this date. THENCE: South 41 deg. 43 min. 58 sec. West along an interior line of said 28.6903 acres herein ' described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of 99.07 feet to a P.K. Nail set for aD. interior comer of said' 28.6903 acres herein described (same being an exterior comer of said 14.4060 acres surveyed this date). HOU03: 1.57827. I e . THENCE: South 48 deg. 03 min. 56 sec. East along an interior line of said 28.6903 acres herein described (same being an exterior line of said 14.4060 acres surveyed this date) for a distance of 21.56 feet to an "x" in concrete for an exterior comer of said 28.6903 acres herein described and an interior comer of said 14.4060 acres surveyed this date. !HENCE: South 38 deg. 58 min. 27 sec. West along an exterior line of said 28.6903 acres herein describ.ed (same being an interior line of said 14.4060 acres surveyed this date) for a distance of 114.92 feet to a ~ inch iron rod set for the Southernmost Southeast comer of said 28.6903 acres herein described and the Northwest comer of said 14.4060 acres surveyed this date in the Northeast line of that certain 0.776 of an acre of land conveyed to Humble Oil & Refining Company by H~ert W. Grainger, et al, in deed dated June 4, 1954, and recorded in Volume 2796 at Page 192 of the Deed Records of Harris County, Texas. . THENCE: North 48 deg. 26 min. 10 sec. West along the South or Southwest line of said 28.6903 acres herein described (same being the Nor:th, or Northeast line of said 0.776 of an acre tract, the South or Southwest line of said 20.9426 acres and the South or Southwest line of said 23.2845 acres) for a distance of 509.23 feet to a ~ inch iron rod found in the West line of said Lot 49 and the East line of said Lot 48 of said Strang Subdivision at the Northwest comer of said 0.776 of an acre ofland and the Northeas~ comer of that certain 0.727 of an acre tract of land called Tract 2 and conveyed to Humble Oil & Refining Company by Carl C. Patrick in deed dated June 2, 1954, and recorded in Volume 2796 at Page 260 of the Deed Records of Harris County, Texas; for an angle point in said line. THENCE: North 48 deg. 42 min. 10 sec. West along the South or Southwest line of said 28.6903 acres herein described (same being the No~ or Northeast line of saidO. 727 of an acre and the South r;~ or Southwes~ line of said 23,.2845 acres) for a distance of730'.00 feet to a ~ inch iron rod found in the East line of the heretofore mentioned 10.43 acre tract for the Westernmost Southwest comer of said 28.6903 acres herein described, the Northwest comer of said 0.727 of an acre tract and the Westernmost Southwest comer of said 23.2845 acres. THENCE: North 00 deg. 06 min. 24 sec. West along West line of said 28.6903 acres herein described (same being the West line of said 23.2845 acres and the East line of said 10.43 acres) for a distance of 240.18 feet to the PLACE OF BEGINNING and containing within these boundaries 28.6903 acres of land. SURVEYED: October, November, December, 1998, and January A.D. 1999. , H0I,103:1S7827.1 .. EXHIBIT' e · A · ~t~l1- - 1-111 t Benefitted PrQpertY PARCELl FIELD :NOTES ofa 12~1206 acre tract of land situated in the Enoch Brinson Survey, Abstract 5, Harris County, Texas and being out of and a part of that certain 20.9426 acre tract called Parcel 2 described in d~ed from E. I. DuPont De Nemours & Company to National Disti~lers & Chemical Corporation dated December 31, 1986, and recorded in County Clerk's File No. K905991 of the Official Public Records of Real. Property, Harris County, Texas; out of and a part of that certain 23.2845 acre tract conveyed by Syngas Company to National Distillers & Chemical Corporation by deed dated December 31,1986, and recorded in County Clerk's File No. K90S990 of the Official Public Records ofRea1 Property, Harris County, Texas; out of and apart of that certain iO.7161 acre tract called ParCell described in said County Clerk's File No. K905991; out of and a part of Lots 49, SO and 51 of the Strang Subdivision according to the map of record in Volume 75 at Page 22 of the Deed Records of Harris County, Texas; and out of and a part of Lots 1 and 2 of the A. O. Blackwell Subdivision according to the map of record in Voliun", 83 at Page 343 of the Oeed Records of Harris County, Texas.' This 12.1206 acre tract is more particularly described by the following metes and bounds, to-wit: NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT COORDINATES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING THIS METES AND BOUNDS DESCRIPTION. BJ;GINNING at a 1/2 inch iron rod set for the Southernmost comer of said 1~.1206 acres herein described, and an exterior comer of 28.6903 acres surveyed this date in the West or Northwest line of 14.4060 acres surveyed this date. From this BEGINNIN:G comer a 1 inch iron rod found in concrete at the interSection of the North right-of-way line of Strang Road (60 feet wide right-of-way) and the East right-of-way line of Miller Cut-Off Road (60 feet wide right-of-way) bears South. 78 deg. 11 min. 3S sec. West a distance of 4183.49 feet This BEGINNING comer has a Quantum Coordinate Value of South 1908.84 and East 6097.13. THENCE: North 48 deg. 42 min. 03 see. West along an interior line of said 12.1206 acres herein described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of 617.93 feet to a 1/2 inch iron rod set for an interior comer of said 12.1206 acres herein described and an exterior comer of said 28.6903 acres surveyed this date. . . THENCE: South 41 deg. 26 miD. 18 sec. West along an interior line of said 12.1206 acres herein described (same being ~ exterior line of said 28.6903 acres surveyed this date) for a distance of 226.13' feet to a 1/2 inch iron rod se~ for an exterior comer of said 12.1206 acres herein described and an interior comer of said 28.6903 acres surveyed this date. HOU03: 15 1191.1 e .e THENCE: North 47 deg. 24 min. 52 sec. West along an exterior line of said 12.1206 acres herein described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of 72.93 feet to a ~ inch iron rod set for an exterior comer of said 12.1206 acres,herein described and an interior comer of said 28.6903 acres surveyed this date. ' THENCE: North 41 deg. 27 min. 06 sec. East along an exterior line of said 12.1206 acres herein described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of 12.98 feet to a point for an interior 'comer of said 12:1206 acres herein described (same being an exterior comer of said 28.6903 acres surveyed this date). THENCE: North 47 deg. 57 min. 24 sec. West along an exterior line of said 12.1206 acres herein described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of 72.93 feet to a point for an exterior comer of said 12.1206 aCres herein described and an interior comer of said 28.6903 acres surveyed this date. THENCE: North 42 deg. 43 min.. 57 sec. East along an interior line of said 12.1206 acres herein described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of 23.03 feet to a point for an interior comer of said 12.1206 acres herein described and an exterior 'comer of s~d 28.6903 acres surveyed this date. THENCE: North 48 deg. 03 min. 53 sec. West along an exterior line of said 12.1206 acres herein . described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of 117.35 feet to a ~ inch iron rod set for the Westernmost exterior comer of said 12.1206 acres herein described; same being an interior comer of said 28.6903 acres surveyed this date. 1}ffiNCE: North 41 deg. 42 min. 31 sec. East along an exterior line of said 12.1206 acres herein described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of .344.09 feet to a ~ inch iron rod set for an exterior comer of said 12.1206 acres herein described; same being an interior comer of sajd 28.6903 acres surveyed this date. THENCE: South 48 deg. 53 min. 14 sec. East along an interior line of said 12.1206 acres herein described (same being aD exterior line of said 28.6903 acres surveyed this date) for a distance of 193.93 feet to a ~ inch iron rod set for an interior comer of said 12.1206 acres herein described and an, exterior comer of said 28.6903 acres surveyed this date. THENCE: North 43 deg. 15 min. 47 sec. East along an exterior line of said 12.1206 acres herein described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of 93.31 feet to a ~ inch iron rod set for an exterior comer of said 12.1206 acres herein described and an interior comer of said 28.6903 acres. surVeyed this date. THENCE: South 49 deg. 21 min. 00 sec. East along an interior line of said 12.1206 acres herein described (same being an exterior Jine of said 28.6903 acres surveyed this date) for a distance of HOUD3: 1.5 1 191.1 e e -. . 64.04 feet to a ~ inch iron rod set for an interior comer of said 12.1206 acres herein described and. an exterior comer of said 28.6903 acres surveyed this date. THENCE: North 40 deg. 53 min. 56 sec. East along an interior line of said 12.1206 acres herein desc~bed (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of. 159.81 feet to a ~ inch iron rod set for an interior comer of said 12.1206 aCres herein described and an exterior comer of said ~8..6903 acres surveyed this date. THENCE: North 05 deg. 34 min. 29 see. East ~ong an interior line of said 12.1206 acres hc;rein described (s8P1e being an exterior line of said 28.6903 acres, surveyed this date) for a distance of 60.12 feet to a ~ inch iron rod set for an interior comer of said 12.1206 acres herein described and an exterior comer of said 28.6903 acres surveyed this date. THENCE: North 45 deg. 33 min. 16 see: West along an interior line of said 12.1206 acres herein described (same being an exterior line of said 28.6903' acres surveyed this date) for a distance of 253.68 feet to a ~ inch iron rod set for an interior comer of said 12.1206 acres herein described and an exterior comer of said 28.6903 acres surveyed this date. THENCE: South 85 deg. 48 min. 16 see. West along an exterior line of said 12.1206 acres herein described (same being an interior line of said 28.6903 acres surVeyed this date) for a distance of 27.97 feet to a ~ inch iron rod set for an exterior comer of said 12.1206 acres herein described and an interior comer of said 28.6903 acres surveyed this date. THENCE: North 46 deg. 51 min. 43 see. West along an exterior line of said 12.1206 acres herein described (same being an interior line of said 28.6903 acres surveyed this date) ,for a distance of l~.85 feet to a ~ inch iron rod set for an exterior Northwest comer of said 12.1206 acres herein described; same being an interior comer of said 28.6903 acres surveyed this date. THENCE: North 40 deg. 37 min. 28 see. East along the Northernmost West line of said 12.1206, acres herein described (same being an interior line of said 28.6903 acres surveyed this date) and at 53.68 feet pass a ~ inch iron rod set for reference and at a total distance of 132.58 feet to a point in the East line of said Lot 2 of said Blackwell Subdivision, the Northernmost East line of the heretofore mentioned 23.2845 acre tract and an exterior comer of said 28.6903 acres surveyed this da~e, at the shore line of San Jacinto Bay, for the Northernmost comer of said 12.1206 acres herein described; same being, an exterior comer of said 28.6903 acres surveyed this date. THENCE: Along and with the meanders of the shore line of said San Jacinto Bay and the North or Northeast line of said 12.1206 acres herein described (same being the East line of said Lot'2 and Lot 1 of Blackwell Subdivision and the North line of Lot 51 of Strang Subdivision) the following coUrses and distances: South 46 deg. 20 ~. 09 sec. East - 148.41 feet. South 49 deg. 26 0$. 43 see. East - 512.82 feet. HOU03:ISI19\.1 e e South 71 deg. 09 miD. 31 sec. East - 114.06 feet South 55 deg. 40 miD. 44 sec. East.. 89.77 feet South 45 deg. 19 min. 32 sec. East - 73.29 feet THENCE: Along and with the meanders of the shore line of said San Jacinto Bay and the North or Northeast line of said 12.1206 acres herein described (same being the North line of said Lot 51 of Strang Subdivision) South 39 deg. 46 min. 25 sec. East a distance of 81.24 feet to a point for the Easternmost comer of said 12.1206 acres herein qescribed and the Northernmost Northwest comer of that certain 14.4060 acre tract surveyed this date. THENCE: South 41' deg. 23 min. 52.sec. West along the East or Southeast line of said 12.1206 acres herein described (same being the West or Northwest line of said 14.4060 acres surveyed this date) for a distance of628.28 feet to the PLACE OF BEGINNING and containing within these boundaries 12.1206 acres of land. SURVEYED: O~t~ber, November, December, 1998, and January AD. 1999. ,~~ HOU03:ISI191.1 e Orl.-;.. 5 fl-r-u-,l3 - 1!1;/{w.;..",- -h ~;.J_G c.. fi.,,-ft-I '5- !I1il{wt,,;:'^- ~ . . Part n PARCEL 3 FmLD NOTES of a 14.4060 acre tract ofland situated in the Enoch Brinson Survey, Abstract 5, Harris County, Texas and being out of and ~ part of that certain 10.7161 acre tract called Parcell describ~d in deed from E. 1. DuPont De Nemours & Company to National Distillers & Chemical Corporation dated December 31, 1986 'and recorded in County Clerk's File No. K905991 of the Official Public Records of Real Property, Harris County, Texas; out of and a part of that certain 20.9426 acre tract called Parcel 2 des~bed in said File No. K905991 and out of and a part of Lots 49,50,51 and 52 of the Strang ,Subdivision according to the map of record in Volume 75 at Page 22 of the Deed Records of Harris County, Texas. This 14.4060 acre tract is more particularly described by the following metes and bounds as follows, to-wit: NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT COORDINATES AND BEARINGS. REFERENCE IS MADE TO THE PLAT OF EVEN DATE ACCOMPANYING TInS METES AND BOUNDS DESCRIPTION. BEGINNING at Ii ~ inch iron rod found in the West line of that certain 50 feet wide strip of land conveyed by Carl C. Patrick to Humble Pipe Line Company by deed recorded in Volume 2361 at ~age 471 of the Deed Records of Harris County, Texas "at the Northeast comer of that certain 0.829 of an acre ofland called Tract 1 conveyed to Humble Oil & Refining Company by Carl C. Patrick in Deed dated June 2, 1954 and recorded in Volume 2796 at Page 260 of the Deed Records of Harris County, Texas. Said ~ inch iron rod being the Southernmost Southwest comer and POlNT OF BEG~G of said 14.4060 acres herein described; from which a 1 inch iron rod found in concrete \at the ir}tersection of the North right.:of-way line of Strang Road (60 feet wide right-of-way) and the E~t ri~t-of-way line ofMill~ Cut-Off Road (60 feet wide right-of-way) bears South 87 deg. 23 . min. 47 sec. West a distance of 4161.41 feet. This BEGINNING comer has a Quantum Coordinate Value of South 2575.79 and East 6159.26. . . THENCE: North 48 deg. 31 min. 10 sec. weSt along the West or Southwest line of said 14.4060 acres herein described (same being the North or Northeast line of said 0.829 of an acre ofland and the West or Southwest line of said 10.7161 acre tract and said 20.9426 acre tract) for a distance of 747.12 feet to a ~ inch iron rod found in the West line of said Lot 50 and the East line of said Lot 49 of said Strang Subdivision at the Northwest comer of said 0.829 of an acre of land and the Northeast comer of that certain Q.776 of an acre of land conveyed to Humble Oil & Refining Company by Herbert W. Grainger, et al, in deed dated June 4, 1954, and recorded in Volume 2796 at Page 192 of the Deed Records of Harris County, Texas, for an angle point in the West or Southwest line of said 14.4060 acres herein described. THENCE: North 48 ,deg. 26 min. 10 sec. West along the West or Southwest line of said 14.4060 acres herein described (same being the North or Northeast line of said 0.776 ofan acre of land and the West or Southwest line of said 20.9426 acres) for a distance of 167.40 feet to a ~ inch iron rod HOU03: I 57827. I e .' e set for the Northwest comer of said 14.4060 acres herein described; same being the Southernmost Southeast comer o{that certain 28.6903 acre tract surveyed this date. THENCE: North 38 deg. 58 min. 27 sec. .East along an exterior ~e of said 14.4060 acres herein described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of 114.92 feet to an "x" in concrete for an interior comer of said 14.4060 acres herein described and an exterior comer of said 28.6903 acres surveyed this date. THENCE: North 48 deg. 03 min. 56 sec. West along an exterior line of said 14.4060 acres herein described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of 21.56 feet to a P .K. Nail set for an exterior comer of said 14.4060 acres herein described and, an interior comer of said 28.6903 acres surveyed this date. THENCE: North 41 deg. 43 min. 58 sec. East along an exterior line of said 14.4060 acres herein described (same being an interior line ,of said 28.6903 acres surveyed this date) for a distance of 99.07 feet to a ~ inch iron rod set for an exterior comer of said 14.4060 acres herein described and an interior comer of $aid 28.6903 acres surveyed this date. THENCE: South 48 deg. 44 min. 26 sec. East along an eXterior line of said 14.4060 acres herein described (same being an interior line of said 28.6903 acres surveyed this date) for a distance of 62.17 feet to an "x" in concrete for an exterior comer of said 14.4060 acres herein described and an interior comer of said 28.6903 acres surveyed ~s date. THENCE: South 40 deg. 43 min. 24 sec. West along an interior line of said 14.4060 acres herein described (same being. an exterior line of said 28.6903 acres surveyed this date) for a distance of ~~ 26.63 feet to a ~ inch iron rod set for an interior comer of said 14.4060 acres herein described and an exterior comer of said 28.6903 acres surveyed this date. THENCE: South 48 deg. 09 min. 48'sec. East along an interior line of said 14.4060 acres herein described (same being an extenor line of said 28.6903 acres surveyed this date) for a distance of 54.84 feet to a point for an interior comer of said 14.4060 acres herein described and an exterior comer ~f said 28.6903 acres surveyed this date. ' THENCE: North 41 deg. 50 min. 12 sec. East along an exterior line of said 14.4060 acres herein described (same being an exterior line of said 28.6903 acres surveyed this date) and at 53.05 feet pass a ~ inch iron rod set for reference and at a total distance of 168.26 feet set an 80 penny nail for an angle point in said exterior line of said 28.6903 acres surveyed this date, and an exterior comer of said 14.4060 acres herein described. THENCE: South 49 deg. 52 min. 55 sec. East along an exterior line of said 14.4060 acres herein described (same bei,ng an exterior line of said 28.6903 acres surveyed this date) for a distance of 107.17 feet to a fence comer post for an angle point in said line. HOUOJ:IS7B27.1 e e THENCE: South 85 deg. 30 min. 55 sec. East along an exterior line of said 14.4060 acres herein described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of 20.44 feet to a fence comer post for an exterior comer of said 14.4060 acres herein described and an interior comer of said 28.6903 acres surveyed this date. THENCE: South 49 deg. 18 min. 43 sec. East along an exterior line, of said 14.4060 acres herein described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of 227.23 feet to a fence comer post for an interior comer of said 14.4060 acres herein described and an exterior comer of said 28.6903 acres surveyed this date. THENCE: North 41 deg. 12 min. 20 sec. East along an exterior line of said 14.4060 acres herein described (same being an exterior line of said 28.6903 acres surveyed this date) for a distance of 67.37 feet to a fence comer post for an interior comer of said 14.4060 acres herein described and an . exterior comer of said 28.6903 acres s,urveYed this date. THENCE: North 48 deg. 51 min. 09 sec. West alo~g an interIor line of said 14.4060 acres herein described (same being an exterior line of said 28.6903 ,~res surveyed this date) for a distance of 16.38 feet to a fence comer post for an exterior comer of said 14.4060 acres herein described; same being an interior comer of said 28.6903 acres surveyed this date. THENCE: North 41 deg. 23 min. 52 sec. East along an exterior line of said 14.4060 acres herein described, (same being an exterior line of said 28.6903 acres and a 12.1206 acre tract surveyed this date) for a distance of645.70 feet to a point in the North line of Lot 51 of said Strang Subdivision at the shore line of San Iacinto Bay for the Northernmost comer of said 14.4060 acres herein described; same being the Easternmost comer of said 12.1206 acres surveyed this date, in the East r;t;line of said 10.7161 acre tract. THENCE: Along and with the meanders of the shore line of said San ~acinto Bay (same being the North line of said Lot 51 and the North line of said Lot 52 of said Strang Subdivision and the East line of said 10.7161 acre tract) the following courses and distances: South 39 deg. 46 min. 25 sec. East - 4.01 feet. South 60 deg. 43 min. 19 sec. East - 109.14 feet. North 56 deg. 32 min. 35 sec. East - 39.02 feet. South 74 deg. 11 min. 03 sec. East - 58.57 feet. South 23 deg. 34 min. 18 sec. East - 52.10 feet. THENCE: Along and with the meanders of the shore line of said San Iacinto Bay (same being the North line of said Lot 52 of said Strang Subdivision and the East line of said 10.7161 acre tract) North 75 deg. 49 min. 37 sec. East a distance of 46.00 feet to a 1 inch iron rod found (bent) for the Easternmost Northeast comer of said 14.4060 acres herein described; same" being the Easternmost Northeast comer of said 10.7161 acres and ~e Northernmost Northwest comer of that certain 1.3068 acre tract conveyed by First City National Bank of Houston to Humble Pipe Line, C;ompany by deed HOV03: 157827.1 e' e dated March 2, 1970, and recorded in County Clerk's File No. D072482 of the Official Public Records of Real Property, Harris County, Texas. THENCE: South 37 deg. 53 min. 55 sec. West along the East line of said 14.4060 acres herein described (same being the East line of said 10.7161 aCres and the West line of said 1.3068 acres) for a distance of 125.42 feet to a ~ inch iron rod found for an angle point in said line. THENCE: South 00 deg. 07 min. 05 sec. East along the East line of said 14.4060, acres herein described (same being the East line'ofsaid 10.71.61 acres and the West line of said 1.3068 acres) for a d~stance of 274.30 feet to a 5/8 inch iron rod found (bent) in the West or Northwest line of the heretofore mentioned 50 feet wide strip ofland for an exterior comer "of said 14.4060 acres herein described; same being an exterior comer of said 10.7161 acres and the Southernmost comer of said 1.3068 acres. THENCE: South 37 deg. 58 min. 41 sec. West along the East or Southeast line of said 14.4060 acres herein described (same being the Easi or Southeast line of said 10.7161 acres and the West or Northwest line of said SO feet wide strip of land) for a distance of 859.62 feet to the PLACE OF BEGINNING and containing within these boundaries 14.4060 acres of land. SURVEYED: October, November, December, 1998, and January A.D. 1999. PARCEL S FIELD NOTES of a 5.5970 acre'tract of land situated in'the Enoch Brinson Survey, Abstract 5, ~~Harris County, Texas and being out of and a part of that certain 36.4562 acre tract called Parce13 described in ,deed from E. I. DuPont De Nemours & Company to National Distillers & Chemical Corporation dated December 31, 1986, and recorded in County Clerk File No. K905991 of the Official Public Records of Real Property, Ranis County, Texas; and out of and a part of Lots 49. 50 and 51 of the Strang Subdivision according to the map of record in Volume 75 at Page 22 of the Deed Records of Harris County, Texas. This 5.5970 acre tract is more particularly described by the following metes and bounds, to-Wit: NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QU~ PLANT COORDINATES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING TInS METES AND BOUNDS DESCRIPTION. BEGINNING at a 3/4 inch iron rod found in the North right.:of-way line of Strang Road (60 feet wide right-of-way) and the South line of said Lot 50 of said Strang Subdivision at the Southwest comer of that certain 50 feet wide strip of land conveyed by Carl C. Patrick to Humble Pipe Line Company by deed recorded in Volume 2361 at Page 471 of the Deed Records of Harris County, Texas, and the Southeast comer of said 36.4562 acres. Said 3/4 inch iron rod being the Southernmost Southeast comer and POINT OF BEGINNING of said 5.5970 acres herein described; HOU03: 157821. 1 " ' e e from which a 1 inch iron rod found in concrete at the intersection of the North right-of-way line of Strang Road and the East right-of-way line of Miller Cut-Off Road (60 feet wide right-of-way) bears North 89 deg. 57 min. 33 sec. West a distance of4007.30 feet. This BEGINNING comer has a Quantum Coordinate Value of South 2767.70 and East 6009.44. THENCE: North 89 deg. 57 min. 33 sec. West along the South line of said 5.5970 ,acres herein . described (same being the South line of said 36.4562 acres, the South line of Lot 50 and South line of Lot 49 of said Strang Subdivision, and the North right-of-way line of said Strang Road) for a distance-of 43 7.93 feet to a ~ inch iron rod set in the South line of said Lot 49 for the Southwest comer of said 5.5970 acres herein described; same being the Southeast comer of said 30.8421 acres surveyed this date. , . THENCE: North 00 deg. 13 min. 40 sec. East along the Southernmost West line of~aid 5.5970 acres herein descn"bed (same being the Southernmost East line of said 30.8421 acres surveyed this date) for a distance of 404.42 feet to a fence comer post found for an interior comer of said 5.5970 acres herein described and the Easternmost Northeast comer of said 30.8421 acres surveyed this dare. . THENCE: North 48 deg. 32 min. 47 sec. West along the West line of said- 5.5970 acres herein described and an exterior line of said 30.8421 acres surveyed this date for a' distance of255.27 feet to a ~ inch iron rod set for the Westernmost Northwest comer of said 5.5970 acres herein described and an interior comer of said 30.8421 acres surveyed this date. THENCE: North 41 deg. 27 min. 13 sec. East along the Northernmost West line of said 5.5970 acres herein described and an exterior line of said 30.8421 aCres surveyed this date for a distance of ~179.24 feet to a ~ inch iron rod set in the ~outhwest line of that certain 0.776 ofan acre ofland conveyed to Humble oil & Refining Company by Herbert W. Grainger, et ai, in deed dated June 4, 1954 and recorded in Volume 2796 at Page 192 of the Deed Records of Harris County, Texas, and the East line of said 36.4562 acre tract called Parcel No. 3 for the Northernmost comer of said 5.5970 acres herein described and an exterior comer of said 30.8421 acres surveyed this date. , THENCE: South 48 deg. 26 min~ 10 sec. East along the North or Northeast line of said 5.5970 acres herein described (same being the Southwest line of said 0.776 ofan acre of land) for a distance of 132.36 feet to a ~ inch iron rod found for the Southeast comer of said 0.776 ofan acre of land and the Southwest comer of that certain 0.829 of an acre of land called Tract 1 conveyed to Humble Oil & Refining Company by Carl C. Patrick in deed dated June 2, 1954, and recorded in Volume 2796' at Page 260 of the Deed Records ofHanis CO\D1ty, Texas, in the East line of Lot 49 and West line of Lot 50 of said Strang Subdivision for an angle point in the North or Northeast line of said 5.5970 acres herein described. ' lHENCE: South 48 d,eg. 31 min. 10 sec. East along the North or Northeast line of said 5.5970 acres herein described (same being the Southwest line of said 0.829 of an acre of land and the East line, of said Parcel No.3) for a distance of 706.13 feet to a ~ inch iron rod found for the Easternmost HOV03: I 57827. I e e comer of said 5.5970 acres herein described, the'Southeast comer of said 0.829 ofan acre ofland, and the Easternmost comer of said 36.4562 acre Parcel No.3 in the West line of the heretofore mentioned 50 feet wide strip ofland described in Volume 2361 at Page 471 of the Deed Records of Hams County, Texas. THENCE: South 37 deg. 58 min. 41 sec. West along the East line of said 5.5970 acres herein describ~ (same being the East line of said Parcel No.3 and the West line of said 50 feet wide strip) for a distance of 193.5 1 feet to the PLi\CE OF BEGINNING and containing within these boundaries 5.5970 acres ofland. SURVEYED: October, Nov~ber, December, 1998, and January A.D. 1999. ~~ HOU03:1.57827.1 e e ~r-~~ ( ~ - n1; /(e^1\ ~ \J ^-- EXHlBlTC Benefitted PrQperty PARCEL 4 FIELD NOTES ofa 30.8421 acre tract of land situated in the Enoch Brinson Survey, Abstract 5, Harris County, Texas and being out of and a part of that certain 36.4562 acre tract called Parcel 3 described' in deed from E. I. DuPont De Nemours & Company to National Distillers & Chemical Corporation dated December 31, 1986 and recorded in County Clerk's File No. K905991 of the Official Public Records of Real Property, Harris County, Texas; and out of and a part of Lots 47, 48 , and 49 of the Strang Subdivision according to the map of record in Volume 75 at Page ~2 of the Deed Records of Harris County, Texas. This 30.8421 acre tract is more particularly described by the following metes and bounds as follows, to-wit: , NOTE: ALL BEARINGS AND COORDINATES REFER TO THE QUANTUM PLANT COORDINATES AND BEARINGS. REFERENCE IS MADE TO PLAT OF EVEN DATE ACCOMPANYING TmS METES AND BOUNDS DESCRIPTION. BEGINNING at a point in the North right-of-way line of Strang Road (60 feet wide right-of-way) and the South line of said Lot 47 of said Strang Subdivision at the Southeast comer of that certain 12.5678 acre tract called Tract 2 described in deed from First City National Bank of Houston, Executor; to Humble Pipe Line Company, dated August 31,1965 and recorded in County Clerk's File No. CI64648 of the Official Public Records of Real Property, Harris County, Texas, at the Sputhwest comer of the heretofore mentioned 36.4562 acre tract Said point being the Southwest comer and POINT OF BEGINNING of said 30.8421 acres herein described; from which a 3/4 inch iron rod (found) bears North 88 deg. 22 min. 34 sec. East a distance of 0.48 feet and a 1 inch iron rod found in concrete at the intersection of the North right-of-way line of Strang Road and the East right-of-way line of Miller Cut-Off Road (60 feet wide right-of-way) bears North 89 deg. 57 min. 33 sec. West a distance of2381.66 feet This BEGINNING comer has a Quantum Coordinate Value of South 2766.54 and East 4383.80. ' , TI;IENCE: North 00 deg. 07 min. 32 sec. West along the West line of said 30.8421 acres herein described (same being th~ West line'ofsaid Parcel No.3 and the East line of said 12.5678 acres) for a distance of 1519.37 feet to a ~ inch iron rod found in the North line of said Lot 47 and the South line of Lot 1 of the A. O. Blac~ell Subdivision according to the map of record in Volume 83 at Page 343 of the Deed Records of Harris County, Texas, for the Northeast comer of said 12.5678 . acres, the Southeast comer of that certain 8.5726 acre tract called Second Tract described in deed from Ernest C. Japhet, et al' to' Humble Oil & Refining Company dated June 10, 1965 and recorded in County Clerk File No. CI08878 of the Official Public Records of Real Property, Harris County, Texas, the Southwest comer of that certain 1.4287 acre tract described in deed from Humble Oil & Refining Company to Humble Pipe Line ,Company dated April 2, 1968 and recorded in County HOU03:149383.1 e e Clerk File No. C689905 of the Official Public Records of Real Property, Hams County, Texas, the Northwest comer of said Parcel No. 3 and the North'Yest comer of said 30.8421 acr~s ,herein described. THENCE: South 89 deg. 58 min. 11 sec. East along the North line of said 30.8421 acres herein described (same being the North line of said Lot 47 of said Strang Subdivision, the South line of said Lot 1 of said Blackwell Subdivision, the North line of said Parcel No.3, the South line of said 1.4287 acres and the South line of that certain 10.43 acre tract described in deed from National Distillers & Chemical Corporatio~ to Coastal Industrial Water Authority dated October 29, 1976 and recorded in County Clerk file No. F014216 of the Official Public Records of Real Property, Harris County, Texas) for a distance of 199.05 feet to a 1 inch iron rod found in the Southwest line of that certain 0.727 of an acre ofland called Tract 2 conveyed to Humble Oil & Refining Company by Carl C. Patrick in deed dated June 2, 1954 and recorded in V olUDle 2796 at Page 260 of the Deed Records of Hams COUDtjr,Texas, the Northernmost Northeast comer of said Parcel No.3 and the Northernmost Northeast comer of said 30.8421 acres herein described. 1HENCE: South 48 deg. 42 min. 10 sec. East along the ~ast or Northeast line of said 30.8421 acres herein described (same being the East or Northeast line of said Parcel 3 and the Southwest line of said 0.727 of an acre ofland) for a distance of 683. 76 feet to a ~ inch iron rod found in the East line of Lot 48 and the West line of Lot 49 of said Strang Subdivision for an angle po~t in the East line of said 30.8421 acres herein desl:ribed. Said ~ inch iron rod being the Southeast comer of said 0.727 of an acre and the Southwest comer of that certain 0.776 of an acre of land conveyed to Humble Oil & Refining Company by Herbert W. Grainger, et at, in deed dated June 4, 1954, recorded in Volume 2796 at Page, 192 of the De.ed Records, of Harris County, Texas. 'F!IENCE: South 48 deg. 26 min. 10 sec. East along the East or Northeast line of said 30.8421 acres herein described (same being the Southwest line of said 0.776' of an acre ofland) for a distance of 544.26 feet to a ~ inch iron rod set for an exterior comer of said 30.8421 acres herein described and the Northernmost comer of that certain 5.5970 acre tr~t surveyed this date. THENCE: South 41 deg. 27 min. 13 sec. West along the Northernmost West line of said 5.5970 acres surveyed this date and an exterior line of said 30.~421 acres herein described for a distance of ' 179.24 feet to a ~ inch iron rod set for an interior comer of said 30.8421 acres herein described and th~ Westernmost Northwest comer of said 5.5970 acres surveyed this date. TIiENCE: South 48 deg. 32 min. 47 sec. East along the West line of said 5.5970 acres surveyed this date and an exterior line of said 30.8421 acres.herein described for a distance of255.27 feet to a fence comer post found for the Easternmost Northeast comer of said 30.8421 acres herein described and an interior comer of said 5.5970 acres surveyed this date. . . THENCE: South 00 deg. 13 min. 40 sec. West along the Southernmost East line of said 30.8421 acres herein described (same being the Southernmost West line of said 5.5970 acres surveyed this date) for a distance of 404.42 feet to a ~ inch iron rod set in the North right-of-way line of said HQU03: 149383.1 e e. Strang Road, the South line of Lot 49 and the South line of said Parcel No. 3 for the Southwest . comer of said 5.5970 acres surveyed this date and the Southeast comer of said 30.8421 acres herein described. THENCE: North 89 deg. 57 min. 33 sec. West along the South line of said 30.8421 acres herein described (same being the South line of said Parcel No.3, the South line of Lots 49, 48 and 47, and . the North right-of-way line of said Strang Road) for a distance of 1187.71 feet to the PLACE OF BEGINNING and containing within these boundaries 30.8421 acres ofland. SURVEYED: October, November, December, 1998, aild January A.D. 1999. A' "'t,; KOV03: 149383.1 e e "EXHIBIT e" Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairm~nt Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. ' 1. Any 'sign erected in said 100' ~trip of land shall be subject to the following provisions: . One 'freestanding identification sign, shall be permitted for each side of an industrial establishment that fronts on an improv~d pUblic right-of-way. . Freestanding identification signs for single tenant buil~ings shall not exceed 150 square feet in.area. . One freest~nding identification sign for identifying multiple businesses is' allowable at the intersection of improved public rights-of-way. I' ~ . Freestanding identification signs for multiple businesses shall not exceed 350 square feet.' , . Freestanding identification signs shall not excee~ 4,5 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to. said 100' strip is developed, the initial' 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, o~ state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the developmEant. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. ,', b) The use of earthen berms ~ith approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property ownerS. e . '''EXHIBIT e" Page 2 of 2 c) A screening plan, to be approved by' the' City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous vi~ual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not 'interfere with the operation and maintenance of' the pub~ic utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities." . In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. ~t; For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with city to determine a suitable landscaping alternative. 3~ Driveways opening from said strip, of land onto State Highway 225 or state Highway 146 shall .be subject to the rules and' regulations of the Texas Department of Tranl?Portation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening. from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions Of the city's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and city. e e ORDINANeE NO. 2000-IDA-24 AN ORDINANeE AUTHORXZING THE EXEeUTION BY THE eITY OF LA PORTE OF AN INDUSTRIAL DISTRleT AGREEHENT WITH ARISTEeH eHEKleAL eORPORATION, FOR THE TERN eOMHENeING JANUARY 1, 2001, AND ENDING DEeEMBER 31, 2007; HAKXNG VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJEeT; PINDING eOMPLIANeE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFEeTlVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. ARISTECH CHEMICAL CORPORATION has executed an industrial dis~rict agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the city Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte; the industrial district agreement with the corporation named in section 1 hereof. section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the 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. e e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: 0!!lMiJJJ~ l1JluJ Martha A. Gillett City Secretary AP~tJ~ Knox W. ASkins, City Attorney By: ~ Norman L. Malone, Mayor 2 ~~ . 9 ....._~...u........'-...-.._. e . ORDINANeE NO. 2000-IDA-25 AN ORDXNAHeE AUTHORIZING THE EXEeUTION BY THE eITY OF LA PORTB OP AN INDUSTRIAL DISTRleT AGREEMENT WITH PRAXAIR, INe., POR THE TERN eOMKENeING JANUARY 1, 2001, AND ENDING DEeEKBER 31, 2007; MAKING VARIOUS PXNDXNGS AND PROVXSXONS RELATING TO THE SUBJECT; FINDING eOMPLIANeE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EPFEeTIVE DATE HEREOP. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. PRAXAIR, INC. has executed an industrial district agreement with the Ci ty of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the city Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the 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. - e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~iJtd-- tllfmil Mar ha A.Gillett City Secretary APP~: _ ~~ Knox W. Askins, C,i ty Attorney By: ;C-W~ 2 e ,~ e. City of La ,Porte Established 1892 September 7, 2000 Praxair Inc. Attn: Donald C. McLean Manager, Property Tax 39 Old Ridgebury Road Danbury, CT 06810-5113 Re: Industrial District Agreement (IDA) Series 2001-2007 , , Dear Mr. McLean: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January 1,2001, for the term expiring December 31,2007. I also enclose a certified copy of the City's approval ordinance, for your records. . , 4.s part of the document preparation, the City examined Exhibits "A" and "B" furnished by \i/ your finn. While reviewing the documents, we found that: Exhibit "B", as submitted, is poorly copied, illegible and does not illustrate coverage of the entire'tract as per Exhibit" A". Please provide a legible, ~ger copy that clearly dermes the property boundaries as described ~n Exhibit "A". We feel that these exhibits will assist in monitoring the faithful performance of the Industrial District Agreements as well'as aiding long-range planning activities. If you do not have this information, cannot readily develop it, or need to discuss this request, please contact John Joerns, Assistant City Manager. Thank you for your assistance in completing these documen,ts. Respectfully, Gh.J- T. ~~ Robert T. Herrera City Manager P.O. Box 1115 · La Porte, Texas 77572-1115 . (281) 471-5020 e e NO. 2000-IDA-~ STATE OF TEXAS { { { . { { COUNTY OF HARRIS INDUSTRIAL DISTRleT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF .LA PORTE, TEXAS, a municipa+ corporation of Harris 'county, Texas, hereinafter called "CITY", and PRAXAIR. INC. , a DELAWARE corporation, hereihafter called "COMPANY" , , WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the city of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location' of new and the expansion of existing industries therein, and SUch policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; an~ WHEREAS, pursuant to its. policy, City has enacted Ordinance No. 729, designating portions of the area' located in its extraterritorial jurisdiction as the "Battteground Industrial District of La Porte, Texas", and Ordinance No. 842A"designating portions of the area located in its extraterritorial jurisdiction as the "Bayport J:ndustrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified ~'l . as Sect10n 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land wi thin a designated Industrial District of the City of La Porte, said land being J.egaJ.J.y described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particUlarly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement wi th Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of city~referred to above, City and Company hereby agree with eac~ other as follows: FINAL DRAFT: February 24, 2000 e e I. City covenants, agrees and guarantees th~t during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belongi~g to Company and its assigns, unless and until the status.of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. SUbject.to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers 'said Land lying within' said District and not now within the corporate limits of city, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "c" and made a part hereof; and provided, however, it is agreed that City shall have the. right to institute or intervene in any. administrative and/or judicial proceeding authorized by the Texas, Water Code, the Texas Clean Air Act, the Texas aealth & Safety Code, or other federal or state environmental laws, rules or regulations~ .to the same extent and to the same intent and effect as if all Land covered by this Agreement were not ~ubject to the Agreement. t; II. In the event that any portion of the Land has heretofore been annexed by city, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of ~he annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the,Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, a~d tangible personal property in the unannexed area shall be conducted by city, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieui' payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal prope~ty. 2 e tit Nothing herein contained shall ever be interpreted as lessening the. authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted ,in accordance with the Texas Property Tax Code, throuqh and including April 15, ~007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January. 1st, stating its opinion of, the Property's market value, al.'1d being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties which the Company must render and upon. which the "in lieu of" taxes are assessed are more fully describeq in subsections 1, 2, and 3 of subsection D, of this Paragraph III' (sometimes collectively called the "Property"); - 'provided, however, pollution control equipment insta'lled on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and ~ntities who store any tangible personal property on the Land by ~ailment, lease, consignment, or other arrangement with Company . ("products in storage"); and are in the possession or under the management of company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December'31, 2001, or 30 days from, mailing of tax bill and in like manner on or before each December 31st thereafter, through and'including December 31, 2007, Company shall pay to 'City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to city and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the un annexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem' taxes which would be payable to ci ty if all of the company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Valu~ Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding, inventory) dedicated to new construction, in excess 'of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the' amount of ad valorem taxes 'which would be payable to City if all of said new construction had been within the corporate limits of city and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in .subparagraph 2(a) above,' is defined as an increase in value that is the lesser of either: (b) .' " i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value ,Year can be cumulated to arrive at the amount for the increase in value. If e~isting Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment', railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had bee~ within the corporate limits of City and appraised each year by the City's independent appraiser, (c) 4 e e . . in accordance with the applicable provisions of the Texas Property Tax Code. wi th the sum of 1,' 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement' shall, extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or, periods of time upon mutual consent of Company and Ci ty as provided by the Municipal Annexation Act; provided', however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Co~pany,within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company wi~l waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. t.il'il V. This Agreement may be.extended for an additional period or periods by aqreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the' valuation for tax purposes set on its said properties by City or by the Harris county Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal' steps desired by it to reduce the same. ' Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor'hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, ...plus (b) the total' amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property. which would be due to City .in accordance with the 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District_(as the case may be) valuation on said property of Company has been so finally determined, eithe~ as the result of final judgment of a court of competent jurisdiction or as the resu~t of other final conclusion of the controversy, then within thi~ty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree wi th any appraisal made by the independent appraiser 'selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this'Agreement. Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to ~e the market value of Company's hereinabove described property. Both parties agree to thereupon ,enter into good faith negotiations' in an attempt to reach an agreement as to the market value of Company's property for .. in ' lieu" purposes hereunder. If, after the expiration of thirty (30) days from the dat~ the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties 'agree to subm;i.t the dispute to final arbitration as . provided in subparagraph 1 of this Article VI B. Notwithstanding ~ny such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of. Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference' between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder, for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas Civil Practice and Remedies Code). ,Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes'. payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon Ci ty and Company, . and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein,con~ained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with ful~ particulars as to property assigned and identity of ~ssi~nee, of any disposition of the Land, and assignment of this ~greement. IX. If City enters into an Agreement wi th any other 1andowner wi th respe~t to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is,in effect~ which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right ~o amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not. unduly restrictive, of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the. event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or otne~ parts of this Agreement or the applieat~on thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder ,of this" Agreement and the validity of the ~emaining parts Df this Agreement shall not be affected thereby. ' XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective"the 1st day of January, 2001. PRAXIAR, INC. (COMPANY) By: ~5~. , me:, JAMES S. SAWYER ' itle: VICE PRESIDENT & TREASURER Address: 39. OLD RIDGEBURY ROAD DANBURY. CT. 06810-~111 ~ Norman Mayor ATTEST: . ~~ t{. .I1jJ.(jf Cl Y Secretary By: APPROVED~ ~ASk1ns City Attorney ; 'ci ty of La Porte P.o. Box 1218 La Porte, TX 77572-1218 By: Q~ 1. t~~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: (281) 471-1886 Fax: (281) 471~2047 8 e e "EXHIBIT A" (Metes and Bounds Description of Land) ~t . . . . .'-.' .: ".;::: ~:. . . .~~ ", ;. . '. e SCHEDULE A e q ,- Premises , .... '. "'''''.<:'LaPorte T38:72~9r:.15 ;',' .....:;. . 57.580 acres of land situated .in Harris County, Texas, being a portial of IDt ~lve (l2) of a sul::xUvisioo of the F.A. Staashen n-act, plat recorded :in Volure 1, at Page 22 of the Map Records of Harris County, Texas and out of the Enoch ElrinSon SUrvey, .Abstract No.5, said 57.580 acres of land .' being.irore particularly described by Jretes and oounds as follO\o1S: " mx;~ at a 5/8" i.ral red set for the intersection of the West line of Strang lbad ('lhirteenth Street), based on 60 foot width, with the North line of State Highway 225 and being the nest Northerly comer of that certain tract Of land descr.i.bed. in '. Deed fran Elizabeth Cockburn Deaver ' to the State of Texas recorded in Volune 6179, Page l48 of the Deed ~rds of Harris Cbunty, Texas 1 ~, S 220 54' 02" W, 1:30.73 feet along the North" line of State. Highway 225 to a concrete highway JrOnunent found for comer; 'mmCE, S 440 13' 10" W, 40.00 feet along the 'North line of State Highway;, 225 to a concrete highway Jronument found for a point of curvature; : ~ in.a Southwesterly direction along a curve to the right, having a ' central angle Of 300 00' 00" and a radius of 309.7l feet, an arc distance, : of 162.l6 feet to a ~crete highway rronurrent found for a point of tangency; 'IHENCE, S 740'1:3' 10" W, 158.22 feet along the North line of State Highway 225 to a concrete highway m::nurnent (broken) found for a point of curvatUre; 'l'HEN:E in a Westerly directiOl along a curve to the right,. having a central angle of l80 30' 00" and a radius of 2291.83 feet, an arc distance' /;of 740.00 feet to a Calcrete highway rronurnent found for a point of tangency; ~ . '. 'mENCE, N "870 'l6' SO" W, 279.00 feet along the North line of State Highway 225 to a 5/8" ,iron rea set 'for comer in the East line of that certain "Second" tract described in Deed fran Grace BausCh t:o the United States of ~ica recorded in Volurre "1298, at Page 147 of the Deed :Records of Harris Cbunty, Texas, fran lthich 5/8" iron rod a found concrete highway m:nunent (broken) bears .West, 0.4 feet, and a found concrete higtMay l1DI'lurrent bears S 740 ~4' W, 5l.7 feetl . . . . :.", I THENCE, N 030 00' 28".W, 1804.86 fee~ to a 5/8" iron rod-set for the Northeast comer of that certain "First" tract to the United States of hrerica described in heretofore mentioned Deed, recorded in Volurre 1298, at Page l47, frail which set 5/8" ira1 rcx1 a found 5/8" iron rod for the NJrth.-/est oorne.r of said 'Tirst" tract bears. S 860 56' 18" W, 50.0 feetl ~, N 860 56" l8" E, 1394.70 feet a~c:ng the North line of lot 12 to ,'.:' a 5/8" iron red set for corner in the West line of 'Strang R;)ad ('Ihirteenth ..dStreet) . , ': ';~it!i,:."'::: ..::' , J .. ;:. ! , , ' ~, S 030 02' 34" E, 1534.30 feet .along ~ West line of Strang ~~:~".:~'.', ('lhirtee."th Street) to $ POlNr ,OF BEX:;INNm:; and exntaining 57. 580 :a~i~,;;>:'" of land.', ' . LESS AND EXCEPT the premises "conveyed by, Grantor to Union ~~.~,~~pJ.ft~ 3 1985,~aii(i!i, ':': Industrial "Ser:vic'e:s ',Comp~ny 'hy "De'ed ',:da.'ted ',September, .,_,~;j'.''''''''''':.'':: record i urider Harris Courity'Clerk~.~ File No. .K323802, ~ ,~. , Fi.le c. i... "n'33-71-l270. ,', ., . ,,' : '.': -')~~,::??~'::' I' \i/~ e e "EXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site l~yout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the,city of La Porte.) .:" e '.~7:: ~ ." . ~.-- . . 7--,__.... ------......- . IOb9ir/Z-(l -'.0 ,. .. " " ,. -- 15iEDI1AAG~~~;~8 fr' 81 ~'8r g'--"8 8/ IDETAIL II:~..!. ~i. :.. .;/1 . . :.. . . i IilO III .0:. or. ~ oil ::J '= ollj i ~ ...-.,. . , ., .-.. ..rAn~' '" ~ II ~ .,.....1 ~ I. .~' ; . 'IIE5r' at". ~ . -~. .P--t==== ".-':::. ~.-:=",~;.!r' .':.'~. ~~I~ .' 1....;.~Ni< ~ _. :._.1.. 5 RANIG R ~ _PlAi!/llE\Do",.:..Jl-' ,:=- .....:,,;:,.-;,.....::.. ==:.:i=.'=::;:'" :-:"-"::'r~:"'~~ -... .. ----=-. .. ~~- ....:. E"-: 4:': GPam- al' ~.. '--. j' l>rr~J "') ,-- ~.. 03 w/+oo _--, '",---PI _'. . .. ...- . - -'. .' ~ ~ . ; ~ . I ~ I! F I ~ 'Id IA . \..', I 'II, : IJ ~>' ~' "', -; , ...-. - - ~._ i / i!~ 1lili-~ - ,~i .Vi .,.l"<v' . - ~;~. ~;tS:,::;:~ II.... - po'1 '" ~i m" J'T 9 . ~r- ~I'...... I,' : :.:;.::t.:., ~ ~. ,., Ii. --"71 S~.....: ~;I: I : :l . ~3.f,"f~ ~~ ..t:W,,:-~"li ::: m~ '~ ; " 1fT"1 . ~ ;..... --7;- n E..... I ~ IIs.ob I" '-{..~ : 'I-e= ,.: ,1'1; r""hi i i! 1... I J"- ,.. 'I' '. '. ~ ~ u. ~~-+I!_':LE:i.:j~~~. t.~:('rli '. '-' ... , ~ II '. '-' . t -0 6fJ'-f.l;Jm'! ,,:' ~I ~I? ... I!I. : ~il · ~ ..~Iil.... I I ~ 1._ '.1 "(P'IOIG o:::l i ~ III " . ~> ,.... '1"'1.: I c:' ~~:b~' '<0. ......~..1"..I, ~ ~-I,~ +t~. =;=;~~. .... i ;'~D ~ ~ . ! t.i "I !.~ ~ ~oY -1 i .~. :. i . ; i'~ 7}t- ""wa.Jo i .,~~ i i .. y. : ~N i .' .<8 I" j' . 'Ii i- .' I r ..-....,.--- ... I.. I I U :i "-~"-'T-I "".00. I .. -r' :; "." [ or " '. ~ 30 ... 'Io.,IO+Ob i , . I .! 6:. ~- I ~~ ; ". ~,~. ."00 i f1 . ~/, - 'H:.1J.., . i.--.- -t:._' ..:<<"--.I~ -::;-.. V l .'~ ::. WI2.~'- ~-+~:- -:'-." _ _ ," .j . .. t," "', .... I .-. W. .' ./ '" Wal.~. 1~ If(,;~.,i 1v.~S . 'it,~:'t"=~ :l';;;::;':::I:~ . III.I"-"~' {f'... if' _C.,'..4....II" .~,. . _...I'l'. N 030 ".'111' '.0".86', .... Ob' . ...i.t.~_' .;t.~ I P:> ~._ 0$.;2,' i _I~. "IFEUJ;1 . ' - n" ......., '~;jl.J~ ~"""'UI'__ I - ~- - --:. u_ ~ -till w~.:::---"" . ~-- ---; _L'.' '.. -::-~-:: - ~ ~~.__.~ - p. ~_.;. ,..,.',1 . ~~~. i o. . 4:- ;' !. .. ......-- .~-.... -_.-::----------.,y I . I ....3..Op I :.j II/IHOO i . ." ~ ~ ~,:p!. - .. I . -oft ...:..... ;t.:-~,"':- .,....:::::.. ...:.-,...".....:~.- .....;..~..__:".;....;;..:.. . .: ..-.... -.. .:.,:.. _.'1-_..... .. -. .:. . '.-.:i" . .-... I " .. - ~ - 1M .... .M - .......,.. :_~~....~~_....._~.-_:~: -- c ..D ...-_. I .:' e ~. .... .... or" ,. ---"'t' 4 ~ + " ~. ~ -. --. : :: ~I':I ! f ~~I ! !I ~ tJ" :ri/ 011 III'J ~ . III ,.,.;n .,," iii I . (~ ' fJ(I'...f1I ~ -- -. ....~. ; eV i,.~ rr~IRi EFNT., ~5TR~'E;j~' ;,~~' :._=.: ..~"-t..~ :. ...-' ';-::~-:1l'_,--! .-.. ;;.:.~.oir'';'~''''__.Q'''':'''' ~ 13 '1i~1 3".:50 '. - !~~:.t4.i~ _..__...... . I :--..~ "\!PE'rT(I.O ~~ ~ .. I . ...._J.L_...w. ._ L _, . , . ..J I .' r,l' ....~, . ---- I (-j I l' ,: . L _I - j1i- 1 G . ! IJ._,. . I . ",/\ . 's; i i... .-I---LiJ.- ::._ ,'2 I I 'J:, I I " r '.:I . . . ". ~.. I ..'~_." ..._ .' ~~ . -'. I /. ;~ '. -n- . f.! -+-:- -,I 1 .i,'~~f- :I.. -- I, _'+ -- I .,."':" . _.. ".." ! ! :~'$'. c-f 1- . . ., I' I k .d'':' . i 'J.I - -, i . I ,~,'.A7 . , . ! l ... \', I . '" 1.._ I",.:;'-Ie + ' T ....,,~., ~~. ,.. .-.- . .. , .t~.Yofr ... ..... I ~";'. -'-',,yo, ... L. . " . ::',JJ I 1- - .,~t-H-:l~'" : ~'.' . j . ~. '. . . .~ l.h co?:. ~ I,' I I . ..-#".:v_ ~ . ..~- '1 . .L t'-- fl-~fi'~: I II ~~ ~~. I ~1 d4rA" ~ ' If! f~f ~~4~ I '-:-r I f /' .lal . ~ .-'" .'. "3.28' .. - . I ~1.; I .... ..- ~... -. 1..' ." ':No~ociJ,a'W'''~ ;." ,.-:- .~.. '_ __... _ '_'=_' '[-..7.=-'. .. .-~L.-::..~ ....::~:-:-~~~~. ,__!_ I -I". .~_.. I. "'-' I I I -.--- I '\su~:> ~ c... -., I II.=.~ 'r.... , \Ie .' -..-........ ~Nc... 'r.' 1..0 __:.: . . I, I~ IJ ~ ou,.. __:> ,n... & . ~ I"~!' .J:'~' A. ~ ...qMfD "..-: . I' I I i &I - IN:LU:.I:>> :U iNI!. C . ! (VIe.. FILl IIQ. 1Il111 I .......3l G . ..... ... So - H n:::'_"_.n ..' '.. ..-.....- --- ...-.- -.- e e "EXHIBIT e" paqe 1 of 2 RULES AND REGULATIONS Any portion of Land constitutinq a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject ~o the. following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vaca~t Land described in Exhibit "A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146.. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved pUblic ~ight-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. I' GJ4j Freestandi119 identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . .. Minimum setback for' sign construction shall be ten (10) feet ,from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipe~ine easement contiguous to either Fairmo~t Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. ' b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms .and landscaping will be maintained by th~ property owners. e e "EXHIBIT e" 'Page 2 of 2 tj ~ c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation' shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of. the public utility facilities. For items b. and c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind ~xisting facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easemerit and shall be. kept free from any improvements, except for approved driveway access and identifica~ion signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet .with City to determine a suitable landscaping alternative. . 3. Driveways opening from .said strip of land onto State Highway 225 or state Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more' restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subj ect to the rules and regulations of Harris County and provisions of the city's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land on:to' Fairmont Parkway shall be approved by the City and may requir~ the installation of separate acceler~tion/deceleration lanes. 5.. Installation of a median crossover on Fairmont Parkway shall Qe subject to the approval of both Harris County and City. .", . e City of La Porte Established 1892 April 24, 2000 Praxair, Inc. Attn: Donald C. McLean Manager, Property Tax 39 Old Ridgebury Road Danbury. CT 06810-5113 Dear Mr. Mclean: Re: Industrial District Agreement (IDA) (Series 2001-2007) . '. Two executed originals of the Industrial, District Agreement (IDA) were received from you on April 20, 2000. While reviewing the documents f~r cOllipleteness, we noticed the 2 sets of the metes and bounds legal description was titled "Schedule A." With your concurrence we will re-title this "Schedule A" as Exhibit "A." Also. your firm did not title the two sets of the site layout as Exhibit caB". With your t./t; concurrence we will ,title this site layout as Exhibit "B". Please indicate your acknowledgement and agreement by signing and returning this letter. Once these matters are resolved we will present these documents to City Council for approval and we will return an original Set to you. If you have any,questions or concerns regarding this matter call1ohn'loerns at (281) 471~S020. ' Thank you for your cooperation in this matter. Sincerely, 6<~ --r: ~~ Robert T. . Herrera City Manager. Re-title Schedule "A" as Exh1'bit "A" Title site layout as Exh1'bit "B" Yes o o No D D , (Company) By: N(UIle: Titl~: Address: , P.O. 'Box 1115 · La Porte, Texall 77"".111 ~ . (?R l' 471 ~~n?n ::!f!l~nn.V'.1 : .;..i::aarlLJllUl - Praxair, Inc. 39 Old Ridgebury Road Danbu CT - .1.13.. . . I ill R ~ rn n WI [~ F' i O U; l!9 Jl! I , ~ I _ _ _tlR20~_~ \ ASST. CITY l'I.f...NAGc.R -..J Apr ~ef)~!=F:CE City of La Porte PO Box 1115 La Porte, TX 77572-1115 Attn, Mr, Robert Herrera. City Manager Dear Mr, Herrera, Enclosed please find two signed copies each, of the new Indu~~rial District Agreement to commence on January 1, 2001, for Praxair. Inc, and UCISCO. Inc, Upon approval by the City Council, please furnish a copy of the City's approval ordinance and executed agreeme~ts, If I can be of any assistance. please feel free to call me, at (203) -:- 837 - 2219, 2Z~U:)n'p Donald C, McLean ,~ Manager. Property Tax Making Our Planet More Productive : '=-=fiJJlJl.UJDI Hfffl ' Vi.",." ~ , e Praxair, IDe. 39 Old Ridgebury Road DanbUT~! C'F'O~ttl~nr"O"" W [i ~ (:.'..! ~ 110 ~"---ll,:;, \' I ; 1 j', IUU [ MAY - 42000 \ L~J 1 L.'__.__._.----l . ASST. err:' MANAGER : ();.f!(:E May'r;20titr- . Mr, Robert T, Herrera, City Manager City of La Porte PO Box 1115 I La Porte,TX' 77572-1115 ~e: IDA Series (2001-2007) Dear Mr. Herrera. Enclosed please find the signed letter acknowledging and accepting the outlined changes to the subject agreements, I apologize for any inconvenience this may have caused, Thank you for your cooperation in this matter, If you have any questions, please contact me at (203) ,- 837.... 2219, Very truly yours, ~4~dr://) , , Donald C. McLean ~ Manager, Property Tax ~; ~u~ ~40:00 ~ W ;: CITY MANAGER" OFFICE Making Our Planet More Productive . e City of La Porte Established 1892 April 24, 2000 Praxair, Inc. Attn: Donald C, McLean Manager, Property Tax 3,9 Old Ridgebury Road Danbury, CT 06810-5113 . Dear Mr, McLean: Re: Indu~l District Agr.eement (IDA) (Series 2001-2007) , Two executed' originals of the Industrial District Agreement (IDA) were received from y~u 'on April 20, 2000, While reviewing the documents f9r completeness, we noticed the 2 sets of the metes and bounds legal descr~ption was titled "Schedule A," With your concurrence we will re-title this . "Schedule A" as Exhibit" A," Also, your fmn did not title the two sets of the site layout as Exhibit "B", With your concurrence we will title this site layout as Exhibit "B", . ~t Please indicate your acknowledgement and agreement by signing and returning this letter, Once these matters are resolved we will present these'documents to City Council for approval , and, we will return an original set to you, If you have any questions or concerns regarding this matter call John Joems at (281) 471-5020, Thank you for your cooperation.in this matter. Sincerely, <9,,-~~ '"f ~~~ Robert T, Herrera City Manager, Re-title Schedule A A" as Exhibit "A" Title site layout as Exhibit AB" No o o .. ~~; ,/' (CpIJlPap.'y)n..,~...'~' -::!>c~'\. ;~/k.:.t., r./ / I, - ~ ~ By: ,'i'f.' /' Name: "3:b.......""',:.;.... C ,//; /,c' ,'I"..' , ....1 /,;' ' TItle: /l' ,.....~, / ,:", C'"'7(l, I 0--->-:-' . " Address: ; J')? c (::'{ ?:?..~./.,...I;.t(,.,y Ut.:.- (..~ .6 '" ~' ,? ,... ....' If', ~".r.' ~,..,.. ",.' ~ ~-:~ ..... .... ~ '=- " P,O. Box 1115 . La Porte, Texas 77572-1115 · (281) 471~5020 It e ORDINANCE NO. 2000-IDA-26 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEHENT WITH RELIANT ENERGY, INCORPORATED, FOR THE TERN COHHENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. RELIANT ENERGY, INCORPORATED has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council Officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the 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. e . PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~'" fl, A1l14 Mart a A. Gillett City Secretary ~~ Knox W. Askins, City Attorney By: tOF,~ ~ Norman L. Malone~ Mayor 2 - . ORDINANCB NO. 2000-IDA-27 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGRBBHBNT WITH THB LUBRIZOL CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THB OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HERBOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. THE LUBRIZOL CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was post~d 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 August, 2000. ATTEST: ~6-a_~ Martha A. Gil ett City Secretary By: " ~~ ~r 2 e -' City of La Porte Established 1892 September 7, 2000 Lubrizol Corporation' Attn: Paula Bradley P.O. Box 158 Deer Park! Texas 77536-0158 Re: Industrial District Agreement (IDA) Series 2001-2007 Dear Ms. Bradley: Enclosed is a fully executed duplicate original of the Industrial District A~eement between your fmn and the City of La Porte, effective January 1,2001, for the term' expiring December 31,2007. I also enclose a certified copy of the City's approval ordinance, for your records. ~ ' As part of the document preparation~ the City examined Exhibits "A tt and "B tt furnished by , your firm. While reviewing the documents, we found that: . . Exhibit "B" does not clearly indicate the property line nor dimensions as indicated on Exhibit "A". . We feel that these exhibits will assist in monitoring the faithful performance of the Industrial District Agreements as well as aiding long-range planning activities. If you do not have tliis information, cannot readily deyelop it, or need to discuss this request, please contact lohn loerns, Assistant City Manager. Thank you for your assistance in completing these documents. Respectfully, ~T:\\~, Robert T. Herrera City Manager P,O, Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { INDOSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris county, Texas, hereinafter called "CITY", and The Lubrizol Cot;poration , an Ohio ' corporatl.on, hereinafter called "COMPANY", . WIT N. E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic ~tability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this city council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted prdinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground. Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being In compliance with the Municipal Annexation Act of Texas, codified' as Section 42.044, Texas Local Gover~ent Code; and WHEREAS, Company is the owner of land wi thin a desiqnated :Indul!$trial District of the City of La Porte, said land beinq legally described on the attached Exhibit "A" (hereinafter ULandU) ; and said Land being mOre particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layou",=:, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, city desires to encourage the expansion.and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of CitY4referred to above, City and' Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 e e I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions'of this Agreement, city does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying with~n said District and not now within the ~orporate limits of City, shall be immune. from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or.inspection code or codes, or (c) attemp~ing to exercise in any manner whatever control over the conduct of business thereon; provided, however,' any portion of Land constituting a strip of land lOa' wide and contiguous to either Fairmont Parkway, state Highway 225, o~ State Highway 146, sha~l be subject to the rules and regulations attached hereto as Exhibi t "C" and made a" part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not Siubj ect to the Agreement. . II. In the event that any portion of the' Land has heretofore been annexed by City, Company agrees to .render and pay full City ad valorem taxes ,on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of' the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of' Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal D.istrict. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall. be conducted by city, 'at city's expense, by an independent appraiser of city's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must' of necessity appraise ,the entire (ann~xed and unannexed) Land, improvements 1 and tangible personal property. 2, e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal pr~pert~ in the annexed portion, for ad valorem tax purposes. , III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so; or Company's duly authorized agent, (the Company's "Rendition"). Compa,ny may file such Rendition on'a Harris County ApPFaisal District rendition form, or similiilr form. T~e properties which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively call~d the "Property") i. provided, however, pollution control equipment installed on the. Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as. provided for' in this paragraph, shall constitute a waiver by Company for the current tax year, ,of all rights of protest and appeal under the terms of this Agreement." , B. As part of its rendition, Company shall furnish' to city a lfritten report of the names and addresses of all persons and ~ntities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, furth~r giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to city an amount "in lieu of taxes" on Company's Property, as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to city and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the ~nannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to ci ty if all of the Company's Land and improvements which existed on January 1, 2001, and each.January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had ~een within the corporate limits of city and appraised .3 'e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible persona'l property (excluding inventory) dedicated to new construction, ~n excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction, in progress, an amount equal to Thirty percent (30%) of. the amount of ad valorem taxes which would be payable to city if all of said new construction had been within the corporate limits of city and appraised by city's independent appraiser, in. accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements; and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: ~ .' iii i., at. least Five percent (5%) of' the total appraised value of Land and improvements, on January 1, 200'0; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement" multiple projects that are completed in a Value Year can be cumulated tQ arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53 %). of the amount of ad valorem taxes which would be payable to ci ty on all of the Company's tangible personal property of every description, ~ocated in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipm~nt, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicabie Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 'e e in accordance with the applicable provisions of the Texas Property Tax Code. wi th the sum of 1, 2 and 3 reduced by the amount of ci ty 's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris' County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extende4 for an additional period or periods of time 'upon mutual consent of Company and City as provided by the Municipal Annexation Act;, provided, however, that in the event this . Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex p~operty of Company within the District shall terminate.. In ,that event, City shall h.ave the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any, of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company, or imposes further obligations on Ci~y in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined 'in accordance with the ~rovisions of said Texas Municipal Annexation Act as the same ixisted January 1, 1994. V. This Agreement may be extended for an additiona1 period or periods by agreement between City and Company and/ or its assigns even tho~gh it is not extended by agreement between city and all of the owners of all land within the District of which it is a part. VI. A. In. the event Company elects to protest the valuation for tax purposes set on its said properties by city or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall ,have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to.pay to City,on or before the date therefor hereinabove provided, at least the total of (a) th!!! total amount of ad valorem taxes on the annex~d portions, "'plus (b) the total amount of the "in' lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to ci ty in accordance wi th the 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by' Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then 'wi thin thirty. (30) days thereafter Company shall make paYment to, City of any additional payment du~ hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree wi th any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to, Company), Company shall,' within twenty (20) days of receiving such copy, give written notice to the ci ty of such disagreement. In the event Company does not g1 ve such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of .. in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also' submit to the city with such notice a written statement setting forth what Company ,believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company · s property for .. in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date.the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as RFovided in subparagraph 1 of ,this Article VI B~ Notwithstanding aby such disagreement by Company, Company agrees ~o pay to City on or before Decem~er 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered ~nd/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days" the parties will join in a. written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. 'The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company' s property ~or calculation of the II in lieu." payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texal;S General Arbi tration Act (Chapter 171, "General Arbitration", Texas civil Practice ,and Remedies Code). Costs of the arbitration shall be shar~d equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of .. in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes~ and which shall be collectible' by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, 'either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) ~ays, with full particulars as to property assigned and identity of ~ssignee, of any disposition of the Land, and assignment of this Agreement. . IX. If City enters into an Agreement with any other 'landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect~ which contains terms and provisions more favorable to the landowner' than those in this Agreement, Company and its assigns shall have' the right to amend this Agreement ,and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree'that'this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth'herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the- event anyone or more words" phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day ,of January, 2001. By: The Lubrizol Cor oration (COMPANY) (p~vit4-6I ~' . Name: Kenneth H. Ho in Title: Vice President & Corporate Secretary Address: 29400 Lakeland Blvd. Wickliffe. Ohio 44092 USA ~t.; ATTEST: ~~(J, )lAlIi// C~ Y Secretary , By: =tbt-. AP~ ~-{; Knox W. Askins ci ty Attorney , City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 .J By: ~~C. \~~ Robert T. Herrera City Manager Phone: (281) 471-1886 Fax: (281) 471~047 CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 e e' "EXHIBIT A" (Metes and Bounds Description of Land) 4: 4i . ~. -'I' . : ~ :"~. ~'f' , . of. .. ~.., tt e e , , EXHIBIT "A" STATE OF TEXAS . I I COUNTY OF HARRIS I ,KNOW ALL MEN BY TRESE PRESENTS: THAT, FRIENDSW~D D~PMENT COMPANY, a corporation her~- . I ' inafter 'called "Grantor ,:" for and in consideration of the sum of' Ten Do~lars ($10.00) an~ other valuable considerations in bash ~o it paid by THE LUBRIZOL CORPORATI~N. a corporation, the receipt of which is. hereby aCknowledged,. h~s granted, sold and, conveyed and does hereby grant, sell ,and convey, subject to the reservations and exceptions hereinafter made and ~he terms and provi$ions hereof, , unto the said THE LUBRIZOL CORPo~TION, hereinafter called "Grantee," the follo~ing described land and premises: BEING TWO HUNDRED THIRTY SEVEN AND ONE HUNDRED THREE ONE-THOUSANDTHS, (237.103) ACRES OUT OF THE GEORGE B. McKINSTRY LEAGUE, A-47, BARRIS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a Rod marked 2216 set in the north line of the said George B. McKinstry League for the northwest corner of this ' tract, said Rod being,N 870 25' 45" E, 89.97 feet from the southwest corner of the Richard Pearsall 1/3 League, A-6~5, same being the southeast corDer of the W~ll~am M. Jones Survey, A-482; .JTHENCE..:N 870 25' 45" E wtth the cODI1IIon line between the sa~d .George B. McKinstry League and the said Richard Pearsall 1/3 League, .1948.77 feet to' concrete monument No. 361; . J THENCE N 870 26' 12" E continuing with the said common 1in,e . between the said Pearsall 1/3 League and McKinstry League, 1154.58 feet to Rod 2217 in the west right-of-way line of 150-foot wide Bay Area Boulevard; . JTHENCE S 10'00' 45" E with the west, right-of-way line of said Bay Area Boulevard, 3411.96 feet to Rod 2179 marking the north- east corner of a l56.067-acr~ tract described in an Option Agreement from Friends.ood Development Company to Atlantic Richfield Company dated March 31, 1967, recorded in Volume 6713 at Page 298~ Deed Records of'Ha~ris County, Texa~; JTHENCE S 870 25' 2~' W.with the north line of said 156.067- acre tract, 2580.84.feet to Rod 2~18 at the southea~t corner of a 2.50-acre drill site reservation;: THENCE N 2D 28' 2a' W w.ith the east line of said drill site reservat1pn, 250.,00 feet to Rod 2219 for the northeast corner of said drill site reservation and a re-entrant corner of this tract; . ..J , .'. ,l :, :': ;-~,y './ .. .' .,,- . :, " ,..A ~ (; .' . e e THENCE .S 870 '25' 29" W with the north line of said drill site' reservation, 435.60 feet to Rod 2220 at the northwest corner of said reservation in the east line of a 200-foot wide pipeline easement; . . - . , . ." THENCE N 20 28 20 W with t~e east line of said pipeline easement~ 3161~09 feet to the place of beginning,. and containing 237.103 acres, more or less. BEARINGS recited herein are based on the Lambert Grid, Texas South Central Zone; , RODS are 5/8-inch diameter copper-coated, with Ii-inch diameter bronze caps, stamped as indicated. CONCRETE monument is 4-inch diameter with 3-inch diameter bronze cap stamped as indicated. . It is the intention of Grantor to convey and there is conveyed hereby' only th$ land within the above and foregoing specified boun~aries and description, and this conveyance does not extend to and no conveyance is made'hereby of any land in and under or affected by any easement or easements outside of but bordering on and lying along and being a~jac~nt to the bound~ries of said land as descr~bed above, the land in and under and affected by' any such easements which are outside of the boundaries of said land,being hereby excepted herefrom and reserved by Grantor for itself and its successors and assigns. Grantor excepts herefrom for itself and'its successors and assigns an easement for pipeline purposes thirty-five (35) feet in width, the north line of which is common to and extends the full length of the north line of the tract herein co~veyed in which Rumble Oil. Refining Company, Rumble Pipe Line Company, and Friendswood Development;Company, their successors and/or assigns, shall have the right to:lay,:construct,' maintain, operate, replace (with pipe of larger or smaller diameter), change and remove pipe- lines for the transportation of oil, gas, water, petroleum product~ or any other liquids, gases,' or substances (including industrial wastes) 'which can be transported by 'pipeline and the right of ingress ~nd egress for all purposes necessary thereto. e e "EXHIBIT B" . (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, 'and also showing areas of the Land previously annexed by the City ,of La Porte.) ~ Ci ~ e e "EXHIBIT e" Page 1 of 2 RULES AND REGULATIONS Any portion of ,Land constituting a strip of land lOa' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These 'rules and regulations shall apply after the effective date of this, Agreement when' Company develops or constructs improvements 'on vacant Land described in Exhibit II A II which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. . 1. Any sign erected in said laO' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. ~ t.i . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved PUblic rights~of-w~y. Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . . Freestanding identification signs shall not exceed 45 feet in ~efght. . Mini~um setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, .the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: ' . b) a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous vi~ual screen. .'. The use of earthen berms wi th approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with 'a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. . e "EXHIBIT e" Paqe 2 of 2 c) A screening plan, to be approved by the City,' that includes a oombination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility. easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere wi th the operation and maintenance of the public utility facilities.: For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be r~quired for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. ~ti For cases of new deve.lopment or improvements. where a 50 ' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. 3. Driveways opening from said strip of land onto state Highway 225 or state Highway 146 shall be subject to the rules ~nd regulat.ions of the Texas Department of Transportation and provisions of the City's Code of ,Ordinances, whichever ,is more restrictive. Driveways opening' from said strip of land onto Fairmont Parkway shall be subject to the rul~s and regulations of ;Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways, opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separat~ acceleration/deceleration lanes. 5. Installation of a. median crossover on Fairmont Parkway. shall be subject to the approval of both Harris County and city. e, eLUBRlZOL e THEUJBR~OLCORPORA~ON 29400 LAKELAND BOULEVARD WICKUFFE. OHIO 44092-2298 TElEPHONE: 440/943-4200 FAX: 4401943.5331 INTERNET: http://www.lubrizol.com May 10, 2000 Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 L,a Porte, Texas 77572-1115 ~lECfEDWlIE~ MAY 1 5 2000 CITY MANAGER'S 11/ OFFICE Dear Mr. Herrera: Thank you for your letter of March 20, Enclosed are two executed originals of the Industrial District Agreement. After the Agreement has been executed by the City of La Pprte, ple~se return one copy of the fully executed agreement to me for Lubrizol's file. ~ Regards, ... Yours very truly; "......-, . ~~-~ _1<<0 .~ . bberta J ajor a ounsel ROJM:cjs Enclosures 9983rojm cc w/o enclosures: Paula Braaley fB) IE C re I r IE .~ If1l MAY I 5 2iJoo lW CITY MANAGER" OfFICE e e City of La Porte , Established 1892 R - ~ - 'V ~ D t.Ct.l t.' LEGAL DEPARTMENT May IS, 2000 unoy " () ,.~ ,.) IfIn iii (~ I.wv w~ ~ [;, le '-.rW~ - U; fr~-~~'l UlJ r ,l: i J.! It 13 , Ii JUN -. ')(;:-;1) : i LJ i . q L.\./1J~J I ~ I fl61,' J \,..of' >- J CITY MANMER'S OFFic.: . Roberta J, Major Counsel Lubrizol Corporation 29400 Lakeland Boulevard Wic~ffe, Ohio 44092-2298 Re: Industrial District Agreement'(IDA) (Series 2001-2007) Dear Ms, Major: Two executed originals of the Industrial District Agreement (IDA) were received from you on May IS, 2000, While reviewing the documents for completeness, we noticed the metes and bounds legal description was not titled, With your concurrence we will title this as "Exhibit "A," . , Also, your fIrm did not furnish Exhibit "B", If you warrant ~at Exhibit "B" furnished for the previous IDA (Series 1994-2000) is current, we will attach the previous Exhibit "B" to both originals, If changes have occurred, please send us (2) copies no later than June IS, 2000. .' ..~ Please indicate your acknowledgement and agreement by signing and returning, Once these matters are resolved we will present these documents to City Council for approval and we will return an original set to you, If you have any questions or concerns regarding this matter call John Joerns at (281) 471-5020, Thank: you for yOUi' cooperation in this matter, Sincerely, ~~T,~' Robert T. Herrera City Manager No ~i- r~ l; P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471.5020 e laWBRIZOL ~ THE LUBRIZOL CORPORATION P,O~ BOX 158 41 TIDAL ROAD DEER PARK. TX 77536-0158 TELEPHONE: 281/479.2851 INTERNET: http://www.lubrlzol.com June 6, 2000 Crystal Scott Secretary to Assistant City Manager p, 0, Box 1115 604 W, Fainnont Parkway La Porte, Texas 77572-1115 Ms, Scott, e Please find enclosed, "Exhibit B" for The Lubrizol Corporation's Industrial District Agreement, Our Corporate Counsel, Roberta J, Major, will forward Mr, Herrera's office the appropriate signed d~umentation, Your assistance in this matter is greatly appreciated, ' ~1, B R ard .. est eg s, fJ~~~Uy Paula'Bradley Sr, Accounting Analyst LubrizolCorporation cc: RJM ~ ~ @mo \I'I ~ ~l\ U~ .Ii~ -9- j~J ASST. CITY MMI/-\GER \ l ~,-9Ef.~ J ..-..--...- e e e WBIIIZOI.. THE LUBRIZOL CORPORATION P.O, BOX 158 41 TIDAL ROAD DEER PARK, TX 77536.0158 T.ELEPHONE: 281/479-2851 INTERNET: http://www.l!Jbrlzol.com June 6, 2000 Crystal Scott Secretary to Assistarit City Manager' p, 0, Box 11.15 604 W, Fainnont Parkway La Porte, Texas 77572-1115 Ms, Scott, Please find enclosed, "Exhibit B" for The Lubrizol Corporation's Industrial District Agreement, Our Corporate Counsel, Robe$ J, Major, will forward Mr, Herrera's office the appropriate' signed documentation, YoUi' assistance in this matter is greatly appreciated, ' .' '~ Best Regards, -P~ ~Jffiy Paula Bradley Sr, Accounting Analyst Lubrizol Corporation cc: RIM e - "EXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, . including pipelines and railroads" and also showing areas of the Land previously annexed by the City of La porte.)' 'i.' c:. c:. ... e e ORDINANCE NO. 2000-IDA-28 AN ORDIHAHCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN IHDUSTRIAL ~ISTRICT AGREEHBNT WITH OBHSTEDE INC., FOR THE TERM COHKENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FIHDING 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: SectioD 1. OHMSTEDE INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. SectioD 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in section 1 hereof. SectioD 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was post~d 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. SectioD 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~o., fJ- A~ Mar ha A. G11lett ' City Secretary APPROVED: ~~) td Knox W. ASkins, City Attorney By: ~ Norman L. Malone, Mayor 2 ~ e e City of La Porte Established 1892 September 7, 2000 Ohmstede, Inc. clo Clarke & Company 12301 N.W. Freeway, Suite 503 Houston, Texas 77040-6023 Re: Industrial District Agreement (IDA) (Series 2001-2007) Gentlemen: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January 1, 2001, for the term expiring December 31, 2007. I also enclose a certified copy of the City's approval ordinance, for your records, As part of the document preparation, the City examined Exhibits "A" and "B" furnished by f~our firm. While reviewing the documents, we found that: Exhibit" A" contains two sheets, each of which describe a separate tract of land. The description contained on Sheet 2 of 2 of Exhibit "A" conforms to Exhibit "B". However, the descript~on on Sheet 1 of 2 is not represented on Exhibit "B". Please resubmit Exhibit "B" clearly showing both tracts descdbed on Exhibit "A". We feel that these exhibits will assist in monitoring the faithful performance. of the Industrial District Agreements as well as aiding long-range planning activities. If you do not have tIiis information, cannot readily develop it, or need to discuss this request, please contact John Joerns, Assistant City Manager. Thank: you for your assistance in' completing these documents. Respectfully, GiW\: ~ Robert T. Herrera City Manager 1'.0, Box 1115 · La Porte, Texas 77572:-1115 · (281) 471-5020 .e e , . --' ' '" ,:,', :('~ R (jil I~ [I \';, !;, I ,"-: j .; ~ lE l!!J ~.l ~ . " .' .. .! il r-."-'''---~'''''' ,.......,,; " !1 ;,\ I' : ' , ".. I ,,' ) ,.11 APR28"'J' ..., ~ J ; 01 .. L..._:: .! . .. .I ..... ~ . _~ - ~ : I LASST:c~~:i.,~ !:~': ;~. :":'.~, :,;:~ ~i i . ....__._. ...._........_~. ......:...;_ :..::..~_ __ ..0 .... ....... NO. 2000-IDA-28 { " { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORT~, TEXAS, a mun~cipa1 corf5~atiqn 'of Harris County, Texas, here~nafter called "CITY", and k\l1.ll.S"t eJle ~, ,a -r e-~~ corporation, hereinafter called "COMPANY", . . WIT N E SSE T H: WHEREAS, it is the established policy of the city Council of the city of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will ten4 to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City council as being in the best interest of the city and its citizens; and WHEREAS, pursuant to its'po1icy~ City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter. collectively called "District", such Ordinances being ~n compliance with the Municipal Annexation Act of Texas, ~odified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the ci ty of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit liB", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land p~evious1y annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of .. industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said city: NOW, THEREFORE,. in corisideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted ,under the Municipal Annexation Act and the Ordinances of City~referred to above,'City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 e e .I. ' city covenants, aqrees and guarantees that durinq the term of this Aqreement, provided below, and subject to the terms an~ provisions of this Aqreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonqinq to Company and its assiqns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be chanqed pursuant to the terms of this Aqreement. Subject to the foreqoinq. and to the later provisions of this Aqreement, city does further covenant, aqree and guarantee that such industrial district, to the extent that it covers said Land lyinq within said District and not now within the corporate limits of City, shall be immune from annexation by City durinq the term hereof (except as hereinafter provided) and shall have no riqht to have extended to it any services by City, and that all Land, includinq that which has been heretofore annexed, shall not have extended to it by ordinance any rules and requlations (a) qoverninq plats and subdivisions of land, (b) prescribinq any buildinq, electrical, plumbinq or inspection code or codes, or (e) attemptinq to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constitutinq a strip of land 100' wide and contiguous to either Fairmont Parkway, State Hiqhway 225, or State Hiqhway 146, shall be subject to the rules and regulations attached hereto as Exhibit "c" and made a part hereof; and provided, however, it is aqreed that City shall haye the riqht to institute or intervene in any administrative and/or. judicial proceedinq authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations; to the same extent and to the same intent and effect as if all Land covered by this Aqreement were not ~ubject to the Aqreement. ~ . II. In the event that any portion of the Land has heretofore been annexed by city, Company agrees to render and pay fu11 City ad valorem, taxes on such annexed Land and improvements, and tanqible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Leqislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tanqible personal property shall be determined by the Harris county Appraisal District. The parties hereto recoqnize that said Appraisal District has no authority to appraise the Land, improvements, and tanqible personal property in the unannexed area ,for the purpose of computinq the "in lieu" payments hereunder. Therefore, the parties aqree that the appraisal of the Land, improvements, and tanqible personal property in the unannexed area shall be conducted by city, at city's expense, by an independent appraiser of city's selection. The. parties recoqnize that in makinq such appraisal for "in lieu" payment purposes, such appraiser must of necessi ty appraise the entire (annexed and unannexed) Land, improvem~nts, and tangible personal property. ,2 e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th ,thereafter, Unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land ~nd all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and ~eing sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's. "Rendit,ion"). Company may. file such Rendition on a Har~is County Appraisal District rendition form, or simil~r form. The properties which the Company must render and upon 'which the "in lieu of" taxes are assessed are more fully described: in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes. collectively called the "Property"); provided, however,' pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and II in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph,' shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and ~ntities who store any tangible personal property on the Land by ~ailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. , C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu' of taxes II on company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agr~es to 'render to City and pay an amount II in lieu of taxes II on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three p~rcent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts paya~le pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 e e each year by city's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and ' 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1~ 2000, resulting from new ,construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of , construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to city if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal p~operty (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised vaiue of Land and improvements, on January 1, 2000; or .' ...' .. ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase ,in value. (c) If existing Property values have depreciated below , the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this 'subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) 'of the amount of ad valorem taxes which would be payable to city on all of the company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, 'items of leased equipment, railroads, pipelines, and products' in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January.1 thereafter of the applicable Value Year during the term of this Agreement,' had been within the corporate limits of City and appraised each year by the City's ind~pendent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. wi th the sum of 1, 2 and 3 reduced by the amol;1nt of City I S ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is no~ so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of companyis property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the state of Texas which imposes greater restrictions on the right of City to, annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such lan~, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be_then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same ~xisted January 1, 1994. ' ~ V. This Agreement may be extended for an additional period or periods by agreement between city and Company and/or its assigns even though ~~ is not extended by agreement between City and all of the owners of all land within the District of which it is a part. . VI. ' A. In the event Company elects to protest the valuation for tax purposes set on its said properties by city or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. . Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, .plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company I s hereinabove described property which would be due to ci ty in accordance wi th the 5 e e foregoing provisions of this Agreement on the basis of ~enditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of. Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter ,Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should company disagree with. any appraisal made by the independent appraiser selected by City pursuant to Article II above (Which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. 'Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder.' If, after the expiration of thirty (30) days from the date the notice ot disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as erovided in subparagraph 1 of this Article VI B. Notwithstanding ~hy such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the 'i in lieu" payments which would be due hereunder on the basis of Cqmpany's valuations rendered and/or submitted to City by Company hereunder, or the total assess~ent and "in lieu of tax~s" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. 'In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider' all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General , Arbitration Act (Chapter 171, IIGeneral Arbitrationll, Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company arid the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shallibe collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company' s successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, pr in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it witpin the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. 'Company shall give City written notice within ninety (90). days, with full particulars as to property assigned and identity of 'fssignee, of any disposition of the Land, and assignment of this A'qreement. IX. If ci ty enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect? which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and city agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agre~ that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement~ In th~ event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court. of competent jurisdiction to be invalid or unconstitutional fo~ any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the comm~ncement of the term of this Agreement, all other previously existing industrial district'agreements with respe9t to said Land shall terminate. ENTERED INTO effective the 1st day of January,' 2001. t t ATTEST: ~Lti. (~ c~t secretary . x w. Ask~ns city Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 'Fax: (281) 471-:2047 By:, ., .., 7o~ Jw~ By: ~ ~ By:G~ \\ ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 , La Porte, TX 77572-1115 8 e "EXHIBIT A" e (Metes. and Bounds Description of Land) ~ .'. e e "EXHIBIT A" ---. -..-... ........ . .. .. ..- [5) [E (C; [E ~ VI ~ ~I lfIl APR 2 8 ,OOD !lW TO INDUSTRIAL DISTRICT AGREEMEN BETWEEN THE CITY OF LA PORTE CITY MANAGER'S OFFICE AND OHMSTEDE, INC. (Metes and Bounds Description of Land) 3.6hl' acres of Lind, more or. less" out Survey, Abstract. 5, Harris County,; Texas. to \':. r:veritt.r.,.lpuy b1. deed d::1~d June 10, 575, Bar-ris County Deed P.ocords. 'r~e s'aid , being m,we p-!\.rticularly ue3crilJ~d by metes of a, 22.61 acre tract" Enoch Brinson The said 22.61.acre tract was conveyed 19h9, recorded in Volume 1932, Page 3.6hl acres of land, more or less, and bounds as follows: Beginnin~ a:' the p'oint of intersection of the west line of said 22.61 acre tract l-i"'lth the proposer! north right of Hay line of S.H. 225, said point being SOlo 0'7' 3h" E (cnllec. Soutli) 151.0 ft. from the north~,.est corner (1" iron pipe) of s,':\id. 22 .61 L\C~'O tract; , f 'rhencc S OJ. 0 07' 31.1" H 22) .!l'~ ft. along \-lest line of sai.d 22.61 acre tract, to a ~oint (railroad spike in concrete) in .the exis ting north line of S .H. 225; said point Cl1so being 250 ft. rr.easured at ri~ht angles from the center of the G.H. & S.A. R3ilroad; Tl\t':nce S '700 ll}-J' Jh" E., e.:!..c':13 the existinB north Jine..of S.H. 225, at 88.6 ft. pass .:l.ri iron pip~, at IOU.) ft. p.;"\~~ L\ fence corner and an iron r.od set in cC1ncrcto, contj,nllj,ng for a tot,11 dist,:\nce irl all of 966.95 ft. .to an iron rod set in concrat.Q H!:~ ch ";,':\l'k:3 the south::cst corner of a 5.0 acre trac'~ conveyed to Ohm- st.ed.;) ~'~r\chj.ne ~'.'N'k:j, Inc. by d.eod (btr~r1 J)l~ccmh!Jr 20, 1961, rccol~ded :1.n Vol.u,mo h873,. P.!'.(~e 626, l:~.':\rr:i.s COI,mty, ne'~d R/:!~o),'\'l:.i. Thp.nce N 00 52' C!,II'r 1! 161. U ft. al'on'~ t~c west line of ~aid 5.0 acre tract to ~ poi~t in th~ prop0scd norLh liCh~ of wny line of S.H. 2253 Thenco ~l nO 51.! I Jh" t.[ UJ.O$ ft. alon8 tho proposed n'()l.th rieht of ''Way line to a TJoint of Cll!'VL\~~Ure of a curve ,to the ).'ieh'l:; .,rith a radius of 3019.72 ft. and a rndi.:\lljne bf~,:1.l'ing ()f N 170 O~I 26" g.; . . Th'~nce ~lest'rrardly 600.00 ft. follo'rdng said curve through a cent ra 1 angle of 90 CO' to the point of tangency; ~ 'fh'~nce ~l. 630 5IL' 3\" ~'l., alop.g ~~le proposed north line of S.H. 225, at 48.1' ft. p~s:) Do fcnr.~J .continuing a tot",J. di:.Jta:1':I~ in all of 309.77 ft I to tho place'. or b,z:cinn).:'Ip':, contO\:i..nin[~ 3.6111 ?C:C~lS of b,n:i" mor~ or le.s:Jo Page 1 of 2 e e 10.059 acres of land in the Enoch Brinson Survey, Abstract No, 5, Harris County, Texas being part of a 22,61 acre tract conveyed to W. Everitt Dupuy by deed dated June 10, 1949, recorded in Volume 1932, Page 575, Harris County Deed Records, being more particularly descibed by metes and bounds as follows: ' COMMENCING at a 'T' rail at southeast corner of Lot 11, Staashen Subdivision, according to a map therof recorde~ in Volume 1, Page 22 of ,the Harris County ~ap Records; . ' THENCE N. 89 degrees 5WW. 120 feet along the south line of Lot 11 to an iron rod set in concrete marking the northwest corner of a tract conveyed to Houston Li~hting & Power Company by W. Everett Dupuy recorded in Volume 4587, Page. 90, Harns County Deed Records; TIlENCE S. 0 degrees 09'W. 129.23 feet along the west line of said Houston Lighting & Power Company Tract to an iron rod set in concrete in the southwest line of a 0.775 acre tract conveyed to Harris County Houston Ship Channel Navigation Districy in deed recorded in Volume 796, Page 276, of Harris County Deed Records, said point being the PLACE OF BEGINNING; lHENCE S. 0 degr~es 09'W, 215:13 feet along the' west line ~f the Houston Lighting & Power Company Tract to an iron rod set in concrete; THENCE N. '89 degrees 58'W. 520~24 feet to an iron rod set in concrete; THENCE S. 0 degrees 09'W. 202.50 feet to a concrete monument in the north right of way line of State Highway 225; . THENCE N. 71 dgrees 53'20"W. 82.70 feet along the north ri~ht of way line of State Higheay 225 to a concrete monument at the begginning of a curve to the nght; mENCE following the north right of way line of State Highway 225, along a curve to the right, having a radius of 3819,72 feet, a central angle of 9 dgrees 00'04", a long chord which bears N.67 degrees 27'17"W. 599.45 feet for a distance of 600.07 feet to a concrete monument at the end of said curve; THENCE N. 62 degrees 55'40"W, 48.12 feet along the north right of way line of State Highway 225 to an iron rod; , THENCE N, 18 degrees l8'E. 284.12 feet along a fence to an iron rod set in concrete in the south line of Lot 11, Staashen Subdivision. THENCE S.89 de~rees 58'E, 904.95 feet along the south line of said Lot 11, Staashen Subdivision to a 'T' raIl in the southwest line of a 0.775 acre tract conveyed to Harris County Houston Ship Channel Navigation District in deed recorded in Volume 796, Page 276 of the Harris County Deed Records; THENCE S57 degrees 24'E. 240.08 feet along the southwest line of said Harris County Ship Channel Navigation District to the PLACE OF BEGINNING, ' Page 2 of 2 . " ..J o . c o U .. N D B u 5 N ~~ E H 5 A A T s ..... " ...... '........... N. 8"58' W. S20. H' . " - . 3,528 ACRES III III .c a ... o .'" i ... " ::: or . oJ % b ~ '" .'tI: ... ~ Q, "l I .. -...... .. ..~.. aNt.. . ! .. e .. '. ............ ...... .. ........., ........... .." I. c:a-. \ !iI(H:'s' ":l ( -~ ~ ACRES L 0 Y. I, en II _ ::- - s. 1I!fI'>:J6'E. 0,059 4 .. ~ I,', '... -". . II. ......... ~ . . " . - ......;. <'<>$ ~/G ~iI'4r { j J ... :l ,fj: 't, '€,,\,,:' A:.'.~ I-pO.q() .$' r " .......... 100~ 'T)-€, e e "EXHIBIT e" Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regUlations pe~taining to new signage, screening, driveways and median crossovers. These rules and regulations. shall apply after the effective 'date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway, state Highway 225, or stat~ Highway 146. 1. Any sign erected in said 100' strip'.of land shall be subject to the following provi~ions: . One freestanding identification sign shall be permitted , for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification, signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding .identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of~way. .~ .. Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said. strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following, techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of' earthen berms 'with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. , All berms and landscaping will be maintained by the property owners.' e - "EXHIBIT e" Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does 'not interfere wi th the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will b~ equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the e~tire roadway frontage, shall be dedicated as a landscape easement and shal+ be kept free from any improvements except for approved driveway access and identification signs. " 't For cases of, new development or. improvements where a 50 · . landscape' easement is not available or practical, Company shall meet wi th ci ty to determine a sui table landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or state Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City' s Code of Ordinances, whichever is more restrictive. . Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the city's Code of Ordinances, whichever 'is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and city. e e City of La 'Porte Established '1892 May 1,. 2000 fD) re (C re 0 \YI lE fR1 ,If\l MAY 2 2 2000 'lW Ohmstede, Inc. cIa Clarke & Company 1.2301 N, W, ' Freeway t Suite 503 Houston, Texas 77040-6023 GllY MANAGER'S OFFICE Gentlemen: rill' .., "ri!'-@'... ..~. . ~ r-r; '7' ;0-'-' 15 ~ ,lilt' t. . I] 1.3 . , jl 0 r--~-"--".'----"";';, rui MAY 2 32000' 1;;': i L___,_..___....._._,..__ ....j.. ; t ASST. CITY i."iA,',I..:loGEn , "'~F"'~ I ".n- :\...,,: --.__.._,-_..~..__...~.._......... Re: Industrial District Agreement (IDA) (Series 2001-2007) Two executed originals of the Indusu:ial District Agreement (IDA) were received from you on April 28, 2000. While reviewing the documents for completeness, we noticed your firm did not furnish an Exhibit lOB". If you warrant that Exhibit lOB'" furnished for the' previous IDA (Series 1994-2000) is current, we will attach the previous Exhibit "B" to' both .. originals, If changes have occurred, please send us (2) copies no later than June 1, 2000, . Please indicate your acknowl~gement and agreement by signing and returning this letter. \ Once these matters are resolved we will present these documents to City Council for approval and we will return an original set to you, If you have any questions or concerns regarding this matter call John Joerns at (281) 471-5020. Thank you for your cooperation in this matter. Sinc.erely. . ~T~~ Robert T, Herrera City Manager By: Name: Title: Address: Yes ~ D J8I. ~ R,A, N I e"L...a(s ..J f> 'Ac.~.~~ ~ AIlw-._ i"lS Ai, ",,~~ s+ Bec.1."'--o-+ ',,,,, '1 '10 \ J ' No D Use previous "Exhibit B" New Exhibit "B" to be furnished P,O. Box 1115. La Porte, Texas 77572-1115. (281) 471-5020 e e ORDINANCE NO. 2000-IDA-29 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREBHEHT WITH METTON MERICA INC., FOR THE TED CODENCING JANUARY 1, 2001, AND ENDING DECEHBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. METTON AMERICA INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the city of La Porte, the industrial district agreement with the corporation named in section 1 hereof. section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the city Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, 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. e e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~Ova,1Wu! Martha A. Gillett City Secretary (?Z;.z;:d( Knox W. ASKl.nS, City Attorney By: <\, '~~rman Mayor 2 e e City, of L~ Porte Established 1892, September 7. 2000 Metton America c/o L.B. Walker & Associates, P.O. Box 16290 Houston. Texas 77222 Re: Indus~ria1 District Agree~ent (IDA) (Series 20~1-2007) Gentlemen: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte. effective January 1.2001. for the term expiring December 31,2007., I also enclose a certified copy of the City's approval or4inance, for your records, ~s part of the do~ent preparation, the City examined Exldbits "A" and "B" furnished by your firm. While reviewing the documents. we found that: Exhibit "B", as submitted, is poorly copied, illegible and does not illustrate coverage of the entire tract as per Exhibit "A~. Please provide a larger, legible copy that clearly defines the property boUndaries as described in Exhibit "A". We feel that these exhibits will assist in monitoring the faithful performance of the Industrial District Agreements as well as aiding long-range planning activities. . If you do not have this information, cannot readily develop it. or need to discuss this request, please contact John Joerns. Assistant City Manager. Thank you for your assistance in completing these documents. Respectfully, QakJ- \. ~~ Robert T. Herrera City Manager P.O. Box 1115 0 La Porte, Texas 77572-1115 . (281) 471-5020 e e NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT This'AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal c~~ion~f 'Harris County, Texas, hereinafter called "CITY", and ,_~ #,'" ~ ""'~/eA . -, a "'1::>~/A-WA-~' corporatl.on, herel.nafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the city of La Porte, Texas, to adopt ~uch reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the ,City and its environs 'by attracting the location of new and the expansion of existing industries therein, and such policy is hereby, reaffirmed and adopted by this City, Council as being in the best interest of the City and its citizens; and . WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction' as the "Battlegr,ound Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", 4ereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation 'Act of Texas, codified as Sectio~ 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land' within a designated Industria1 District of the City of La Porte, ,said 1and being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land beipg more particularly shown on a plat attached as Exhibit "B", which plat describes the ownerShip boundary lines; a site layout, Showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants wi thin said Districts and for such purpose desires to' enter into' this Agreement wi th Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in c.onsideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City~referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 e . I. City covenants, agrees and guarantees that during. the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the. Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereo~, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of th;i.s Agreement, city does further covenant, agree and guarantee that ,such industrial district, to the extent that it covers said Land lying within said District and not. now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance 'any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or' judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & safety Code, or other federal or state environm~rttal laws, rules or regulations, to the same extent and to the same, intent and effect as if all Land covered by this Agreement were not !ubject to the Agreement. ' to; II. In the event that any portion of the Land has, heretofore been annexed by citY~,company agrees to render and pay full, City ad valorem taxes on such annexed Land and improvements, and tangible personal property. , Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appra~sed value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that 'said Appraisal District has no authority to apprais~ the Land, improvements, and tangible personal property in the,unannexed area for the purpose of computing the II in lieu II payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the un annexed area shall ,be conducted by city, at city's expense, by an independent appraiser of city's selection. The parties recognize that in making such appraisal for "in li~ull payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal'property. 2 e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of ,Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 20.01, and on or before each April 15th thereafter, unl~ss an extensio~ is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide 'City with a written description of its Land and all improvements and tangible personal pr9perty located on the Land as of the immediately' preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form" or simil~r form. The properties which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection 0, of this Paragraph III (sometimes collectively called" the "Property") i p~ovided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax' Code is exempt from' ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waIver by Company for the. current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its' rendition, .Company shall furnish to city a written report of the names and addresses of all persons and ~ntities who store any ~ang~ble personal property on the Land by Bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of ,such. products in storage. c. On or before the iater of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an. am9unt "in lieu of taxes" on Company's Property as of, January 1st of the current calendar year ( "Value Year"). . . ' D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, ,(excluding amo~nts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and . 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory)' dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year' following completion of, construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which'would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's 1ndependent appraiser, in accordance with the applicable' provisions of the Texas Prpperty Tax Code. (b) A Substantial Increase in value of the Land, improvement's, and tanc;;jible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ~, 'i/ ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount. for the increase in value. ' (c) If existing Property values have depreciated below the Property value established on January 1, 2000; ,an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-thr~e percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, 'i~ all of said tangible pers9nal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of City. and appraised each year by, the City's independent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. wi th the sum of 1, 2 and, 3 reduced by the amount of ci ty 's ad . valorem taxes on the anne~ed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend.for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in. the event this Agreement is'not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In ~hat, event,' City shall have the rignt to ,commence. immediate annexation proceedings as to all of, Company's property covered by this Agreement, notwithstanding any of the terms and provisions of . this Agreement. . Company agrees that if the Texas Municipal Act, 'section 42.044, Texas Local Government Code, is amended af~er January'l, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonginq to Company or imposes further obligations on City in connection therewith after the' annexation of such land, Company will waive the right to require city to comply with.any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Te'xas Municipal Annexation Act as the same txisted January 1, 1994. .. V. This Agreement may be extended for an additional period or periods by agreement between city and Company and/ or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A~' In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof,' nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, ..plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with the ,5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuatic;m on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree wi th any appraisal made by the independent appraiser sel~cted'by City pursuant to Article II above (whiCh shall be given in writing to company), Company shall, within twenty (20) days of receiving such copy, give writt~n notice to the City of such disagreement. 'In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser. shall be final and controlling for' purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the potice-, of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as ~rovided in subparagraph 1 of this Article VI B. Notwithstanding a~y such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/ or submitted to City by Company hereunder, or the total assessment-and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written ,request that the Chief Judge of the u.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration.shall be resolution of the diffe~ence between the parties as to the fair market value, of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e . expert op1n10n, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be avai~able under the Texas General . Arbitration Act (Chapter 171, "General Arbitration", Texas civil 'Practice and Remedies Code). Costs of the arbitr~tion shall be shared equally by the . Company and the 'city, provided that each party shall bear it~ own attorneys fees. VII. City shall be entitled to a-tax lien on Company's above described 'property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in' lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement, shall inure to the benefit of ,and be binding upon City' and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held tp be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of ~ssignee, of any disposition'of the Land, and assignment of this lllqreement. . IX. If City 'enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is. in effect, which contains terms 'and provisions more' favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and city agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with existing laws pert~ining to the subject and that all terms, considerations and conditions set forth herein ~re lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In th& event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity, of 'the remaining parts of this Agreement shall not be affected thereby. ' XI. Upon the commencement, of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. ~Il: AP~tldr Knox W. Askl.ns City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: . (281) 471~2047 By: By: Name. Title: "0 Address: ~'''k By: CR~ \"... t\~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 e e "EXHIBIT A" (Metes and Bounds Description 'of Land) " ~ 65/64/2666 67:66 65iB4/2BBe 68:17 f :1'- METTON AME~ INC PARAMONT ..ANIES 28147.12 ' 54 32~ CLARK SURVEYING COMPANY IJIS lI.1",,,_ v_. . 1'1a1ll'1III, Te_ 770IJ - 71J1.u;I"'~lIII .'1II7IJl-l~1~"9' 1 uly 23 J I 997 'EiA~ ~Cllil!li De.sQription ora 9.186 aCN tract orland being. portion oftha caned 10,3GI~15 acre lract orland describcd as Trac:ll in Ihe Special Wammty Deed to Metton America. 1M. recorded under Rarri. CountY-Cleric's fllo No. 'R.089206 and \loins out OrlM A, McCormick Survey. 'Abstract No, 46, Harris County, TCAas. said 9.886 a~ tracl orland beins morc particularly described as follows: COMMENCING at the northwest comer oHbe called 118.63 acre tract described in thlll Deed to Soll~ Polymcfll Carpar&tion recorded undllr Ham, County Clerk., File No, BJOS696 al\d ~tn8 the Inlersec:rlo" ot Ibc centerline or Slale- Highway No. 134, Battleground Road (a 120 rOOt wide riaJlt.oC-way) wUIl Ihe cllnlirline or Miller Cut~orr Road (a ~o root wide right-oC-way); . '. THENCE. Soutb 02"28'30" East, along the c,"'lerline of Sllid Stili Highwl1)' No, 134. I distance of 147,0$ Qel to 1110 nortbwest comer of said c:allcd 10.361.56 acre Inlet itnd b.1nl the Ilorthwoat cornor and tho POINT OF BEGINNING or the herein desctibcct tract orland: . , TliENCE, Nonla 87"28'30" East, .lDnI1h~ northc~ line of said called 20,36156 aGfe tract. al a dilllnC. or 150,00 Ill.. paalny il $/8 lton rod sat in the easterly rlslu~of:.wIY lino of mid State Highway No. 134, ill alia dlltanc:o uf676.S0 r~l;tto a 5/1" iron rod set for cOrner It a ~nco comer post: THENCE, South O~"~I'30'" Ease. depattm, ~d Mnherly 1iM, a distance of . J 11.00 feet to I S/8" irOn rod He at a rence com~ post; . THENCE. North 11"2.'30" East a distance of335.oo feet to . 511" iron rod .etln the lino of': chain ftnfc fence: . . " . . THENCE. South 01'"18'30" :SlIe . dl'Janc:o or2.11.01 tbt to .5/8'. iroll ro4 .d ill _ lb. southcrJy 6nc of said called 20.36156 aGre 1J'Ict; ~ THENCE. South 87"28'30" Wost. Ilona aid ~ulhll1y line. at a distance or !)j I.~ feel passinS a 5/8" iron rod let in the ealterly riaht-o&.wwy line Df Aid State Hlahway No. 134. In all. distance of 1011.50 Ceet 10 the souehwosc comer of Mid c:alled 20.36156 acre tract in the c:eaterline of said Se.te Highway No. ~ 34; THENCE. North 02"28'30" wcsr, alon. tho ",'tmine of said Slale Highway No. 114, . distancc or ,529,01 rllOt to the POINT OF BEGlNNINO and contnining a compulcd arEa of9.&86 acres (430.642 &quare feci). of which 0,129 acrca (31,745 square feet) are witllin the risht.of-wa.y ot Stato Highway No, 134, leavins A nCl Irq on.1S7 aeres (J98.lS98 squIre feet) afland, This descripllon Is based Oil & around survey completed on 1uly 21~ t 997 and ;s submitted in conjundion with a Boundary Survey dtawtna dltOd July 23, 1997, CJark Surveying Company Job No. 91..01-4074. rt ' owes stered Professional,l,add Surveyor No, 40S3 EXHmlT . A, .,r--.. .- .-.... ..... .. ." .-.... PAGE ,B2 PAGE 62 ,e e i'EXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout,' showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) ~~ ,. '. :e ~< '.... :!'.' l\l- ~. .f". ;a~~. ,~~:~: ~~k.;'.:'~I~ ~"l..:.. :ti.r.>:'" ~I'ti-~; ~~- :::r;': -- - ------------ ._-~ .'. .--- ': " " ! "; ~ ", u. -ICAIIQ........ LllCATIClII lIP I'UU. _ TONE COOl lONE , 't'NI'W~ COffrllOl. MIOII ;;;;wr a;- lONE. IIlrfOlr ,"",AI U ZONl!_ FOR__CNlII_TID fIQI SYNPIU COHnIClI.IIlIOII_ __ __ ~' ,. . -..----.. - :"IoO~' . ro.u:;;..t~..~. i"~\ !l'. . ' IF: · 101" . i~!~:." ~i1t ' ;~~"o . .~1;':.: . ~r . r,;'. ~t:: .. " ~..'.:: . '. \. I , 2727 Miller Cut,OIf Road La POrle, TX 77571 ! I j r \ -'_MMM TllNE CClllE MITTON COIITROI. _ iii'iO ~ MITTON __ UIIT .. LO 1.1 --- "LO U ALL Q.1Nl CONYINlIUI _ IIWrTOIllIlHTRm.lIlIOIIlONE.........CNlIUO.1 ACT....TID__c:aon__ANDClATI HllUIL ZllNE..AU.__lll'__ I .1 TIIoILM. ZONI: I .... MM. TONI COOl IYNPIiLP CllNTIlOL IIOlIM ....."'iiiiAEN ;:;- ""-'l'ROCUsINT _SIREN 1,1 _LAI .........IN U ALLCLIM CXMINUOuI _ ---CllNTIlOL__I~CNI_1l ACTNIlIID _ C1ATI_ ZONl! , ...... _lAST 1lI1.. TIWLIJL " . .~ ~ II ~ Ii .1 I, " ., ..- · FlREHY-'" --'ER .. "'1 MONITOR . FlRIHOSI_._ SS", _ERmTEM -_HOsI,_ -4 FlREWATER_RANaI_ .. FIR!...... oil POST _TOR_..... t flREHOII_ . AlARM PUl.L lOa lll1lERGlNCY___ PROCIIlURE TO REPORT EMERGENcY I. REPORT EMERGENCY BY PUUING ALARM BOX OR CALLING en 3D; OR DIAL OPERATOR. 2. STATE NA~E. ZONE, AND TYPE OF EMEROENC'I. 1 THE PERSON RECEIVING THE CAU. WILL DEClD _ THE APPROPRIATE AlARM TO SOUND, , ., WHEHEMERGEHCYAlARMSOUNDS.AU. . PERSONNEL AND VISITORS REPORT TO THE OAT HOUSE. 5. THE EMERGEHCY DIRECTOR IS THE ONlY PERSO/II AUTHORIZED TO SOUND 'AU. CLEAR.' J III .-A_ ..A._ HERCULEs ~~. ~: .,' ~ I R. Lance Stewart Plant Manager '" jOO'''''W } + (713) 479-8078 Ext. 117 Fax: (713) 479-7212 04 CJ ZONEZ _c:ooaiI_ GJ S ZONE 1 L-J D 0 Check I Un< I fur ACC( , I own the p documents documents Signature of 0 - ~ ~ I .... '. e e "EXHIBIT e" paqe 1 of 2 RULES AND REGULATIONS " . Any portion of 'Land constituting' a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company 'develops 'or constructs improvements on vacant Land described in Exhibit ItA" which is adjacent to Fairmont Parkway"state H~ghway 225, or state Highway 146. 1. Any sign , erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. I' 't Freestanding identification signs for multiple businesses shali not exceed 350 square feet. . Freestanding, identification signs shall not exceed 45 feet in height. . . Minimum setback for sign construction shall be ten (10) feet from property lines. ' 2. When Land adjacent to said 100' strip is c;leveloped, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide, a thorough and effective visual screening of the development. Existing trees shall, toge~her with other vegetation and underbrush, create a continuous visual screen. ' .'. b) The Use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped'with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. . e "EXHIBIT e" paqe 2 of 2 c) A screening plan" to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs. and ground cover, create a continuous visual screen. Provided., . however , in public utility easements or riqhts-of-way, the veqetation shall be installed and maintained in a manner which is ' acceptable to the public utility company, and does not interfere wi th the operation and maintenance of the publ~c utility facilities. For items band c above, the actual length o-f required screen~nq along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, alonq the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except ~or approved driveway access and identification signs. For cases of 'new development or improvements where a 50 ' landscape easement is not available or practical, Company 4.: . shall meet with City to determine a suitable landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or state Hiqhway 146 sha11 be subject to the ru1es and regulations of the Texas' Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways, opening. from said strip of land onto Fairmont Parkway shall be subj ect to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4 . Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the 'in~tallation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subje~t to the approval of both Harris County and city. " e . C~ty of La Porte Established 1892 April 24, 2000 M~tton America clo L,B. Walker & Associates P,O, Box 16290 Houston, Texas 77222 Re: IJIdusbial District Agreement (IDA) (Sc&-ies 2~Cl-2007) Dear Gentlemen: Two executed or~ginals of the'Industrial District Agreement (IDA) were received from you on April 24, 2000, While reviewing the documents for completeness, we noticed only (1) copy of the metes and bounds legal description which Was not titled, With your concurrence we will title this as "Exhibit II A: " The City will then attach this titled exhibit to both originals of the IDA, Also, your firm did not furnish Exhibit liB". If you warrant that Exhibit liB" furnished for the previous IDA (Series 1994-2000) is current, we will attach the previous Exhibit "B" to both originals, If changes have occurred; please send us (2) copies no later thin lune I, 2000, Please indicate your acknowledgement and agreement by signing and returning, Once these matters are resolved we will present these documents to City Council for approval and we will return an original set to ~ou, If you have any questions or concerns regarding this matter call1ohn loems at (281) 471-5020. Thank you for your cooperation in this matter. Sincerely, ~~T.~ Roben T. Herrera City Manager CItY MANAGER'. OFFICE Yes fB)11E C E IV IE ~ ,1m MAY t 1 3XXl11)dJ Title Metes & Bounds Description as Exhibit II A " Use previous "Exhibit B" P,O, Box. 1115 · La POlte, Texas 77572-1115 · (281) 471-5020 e e ORDINANCE NO. 2000-IDA-30 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN IIIDUSTRIAL DISTRICT AGREEMENT WITH MILLEnIUH PETROCHEMICALS INC., FOR THE TERM COMMENCING JANUARY 1, 2001, AND ElIDING DECEMBER 31, 2007; MAKING VARIOUS FIIIDINGS AND PROVISIONS RELATING TO THE SUBJECT; FIIIDING 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. MILLENNIUM PETROCHEMICALS INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council Officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and SUbject of this meeting of the City Council was post~d 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 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. e e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: ~o., (), 1tJu1 Ma tha A. Gillett City Secretary By: 7?~_ L. 2W~ Norman L. Malone, Mayor 2 e 'e /' i"1 /'" (,)' I"';' 1/ . ,. , I r (1 l:. I,' .., , fJ 'I ...r) If) ::'. I;' : L' , ......,..... ..1. I' f f .:.~< : ....... "~ .',.... ':. /JU! MAY 3 I 2000 i! ,.,"; L 1"-00'1 " J i AssT:Wy/i"iXNA'GE'fij t...__...... C?FiCE l ---- .J NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { XNDUSTRXAL DISTRXCT AGREEMENT This AGREEMENT made artd entered into by and between the CITY , OF LA PORTE, TEXAS, ~ municipal corporation of Harris County, Texas, hereinafter called "CITY", and /fJtI,J,e/llItJ/4m Pe'TIl.; el"1 In 1(:'111,$ -$/II't!, . , a ViR. j i,,, ill corpora tion, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the 'established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by l~w and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is 'hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. '729, designating portions of the area located in 'its extraterritorial jurisdiction as' the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being ~n compliance with the ~unicipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on'a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site' layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the city of La Porte; and WHEREAS, City desires to encourage the expansion and growth of indus'trial plants within said Districts and for such purpose desires to enter into this Agreement wi th Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of city~referred to above, City and Company hereby agree with each other as follows: FXNAL DRAFT: February 24, 2000 e e I. City covenants, agrees and guarantees that durinq the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same coverS the Land belonqinq to Company and its ass.iqns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be chanqed pursuant to the terms of this Agreement. Subject to the foregoinq and,to the later provisions of this Aqreement, City does further covenant, aqree and guarantee that such industrial district, to the extent' that it covers said Land lyinq within said District and not now within the corporate limits of City, shall be immune from annexation by City durinq the term hereof (except as hereinafter provided) and shall have no riqht to have 'extended to' it any services by City, and that all Land, includinq that which has been heretofore annexed, shall not have extended to it. by ordinance any rules and requlations (a) qoverninq plats and subdivisions of land, (b) prescribinq any buildinq, electrical, plumbinq or inspection code or codes, or (c) attempting to exercise in any manner whatever' control over the conduct of business thereon; provided, however, any portion of Land constitutinq a strip of land 100' wide and contiquous to either Fairmont Parkway, state Hiqhway 225, or state Hiqhway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof} and provided, however, it is aqreed that City shall have the riqht to institute or intervene in any administrative and/or judicial proceedinq authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & safety Code, or other federal or state environmental laws, rules or requlations, to the same extent and to the same intent and effect as if all Land covered by this Aqreement were not ~ubject to the Aqreement. ~ II. In the event that any portion of' the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tanqible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tanqible personal property shall be determined by the Harris County Appraisal District. The parties hereto recoqnize that said Appraisal District has no authority to appraise the Land, improvements, and tanqible personal property in the unannexed area for the purpose of computinq the "in lieu" payments hereunder. Therefore, the parties aqree that the' appraisal of the Land, improvements, and tanqible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City' s selection. The parties recoqnize that in makinq such appraisal for .. in lieu" payment purposes, such appraiser must of necessi ty appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value, of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15~h' thereafter, unless an extension is granted in accordance with the. Texas Property Tax Code, through and including April 15, 2007, Company shall provid~ City with ~ written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do SO, or Company's duly authorized agent, (the Company's IREmdition"). Company may file such Rendition on a Harris County Appfaisal District rendition form, or simil~r form. The properties which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"); provided, however,' pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of ~ec. 11.31 of the Texas Property Tax Code is exempt from. ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a wr i tten report of the names and addresses of all persons and ~ntities who store any tang~ble personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further givinq a description of such products in storage. c~ On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December'31, 2007, Company shall pay to city an amount "in lieu of taxes II on Company's Property as of January 1st of the current calendar year ("Value Year"). '. D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to Ci ty if all, of the Company's Land and improvements,which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 t1.j; e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; ~nd 2. On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated: to new construction, in excess of. the appraised value of same on January 1, 2000" resulting from new construction (exclusive of .construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which w.Quld be payable to city if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of ~he Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inven~ory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: (a) i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative, value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects ,that,are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing property values have depreciated below the Property value established on January 1"2000,, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and j. Fifty-three percent (53%) of the amount, of ad valorem taxes which would . be payable to ci ty on all of the Company's tangible personal property of every description, located in an industrial district of city, including, without limitation, inventory, oil, gas, and mineral interests, items of leas~d equipment, railroads, pipelines, and.products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicab~e Value Year during the term of thi~ Agreement, had been within the corporate limits of City and appraised each year by the City's .independent appraiser, 4 e . in accordance with the applicable provisions of the Texas Property Tax Code. wi th the sUm of 1, ~ and 3 reduced by the amount of City I S ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal. District. IV. This Agreement shall extend for 'a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or'periods of time upon mutual consent of, Company and ci ty as pro'vided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additionai period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the' District shall terminate. In that event, city shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. ' Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of city to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such lan~, Company will waive the right to require City to comply with any such addition~l'restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same ~xisted January 1, 1994. ' .s. v. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris county Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor h~reinabove provided, at. least the total of (a) the total amount of. ad valorem taxes on the annexed portions, "'plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be' due to City in accordance with the 5 e e foreqoinq provisions of this Aqreement on the basis of' renditions which shall be filed by Company. When the City or Harris. County Appraisal District (as the case may be) valuation. on said property of Company has been so finally determined, either as the. result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to city of , any' additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Compa.~y disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controllinq for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. . Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to be the .market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder~ If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submi t the dispute to final arbi tration as p~ovided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 ,of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" ~hereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one pers~n named by Company, one by city, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the ar~itration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair , market value of Company's property for calculation of the "in lieuJ1 payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as ,practicable. That depision shall then be final, and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbi~ration shall be shared equally by the Company' and the city, provided that each party shall bear ~ts own attorneys fees,. . VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible' by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon Ci ty and Company, and. upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging.to it within the territory hereinabove describ~d, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of ~~signee, of any disposition of the Land, and assignment of this A~reement. IX. :If city enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect~ which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement ,and city agrees to amend same to embrace the more favorable terms of such ~greement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Wit~out such agreement neith~r party hereto would enter into this Agreement. In the" event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e e corporation or circumstances shall. be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be iJ:1dependent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI.' Upon the comm~ncement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. By: /J},/,LeIVAJuJ.WI Pe7Ro eiem 14,~L$ IA/{! ~ (COMPANY) Name~1-F~?};;I- Title: vpJ eF~ ' Address: I //~~ AI., R. TIJ J.I'4Ke ~ Rive e nl/OllllA/IIi' IJ/I~ ~r.1.~ \ .)4A1Y/ Malone By: Norman Mayor ox w. Ask~ns City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: a~ ,T- I;\~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: (281) 471-1886 Fax: (281) 471-2047 8 e e. "EXHIBIT e" Page 1 of 2 RULES AHQ REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiquous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new siqnage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of t~is Agreement when Company develops or constructs improvements on vacant Land described in 'Exhibit "A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway '146. ' . ' 1. Any sig~ erected in said 100' strip of land shall be subject to the following pr~visions: . One freestanding identification sign shall be permitted . for each side of an industrial establishment that fronts on an improved public right-of-w~y. . Freestanding identification signs for single tenant buildings shall not exceed 150 square. feet in area. . One fre'estanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. ~ ~ Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . . . .' Minimum s'etback for sign construction shall be ten ,( 10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniqu~s: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall,. together with other vegetation and' underbrush, create a continuous visual screen. . b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground. cover. All berms and landscaping. will be maintained by the property owners. e e IIBXHIBIT ell Page 2 of 2 c) . A screening plan, to be approved by the City, that, includes a combination of trees, shrubs, and ground cover that after 5 years growth will be'at least 20 feet in height and shall, together with shrubs and ground cover, create a continu.ous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the, operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the . new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification siqns. ~... For cases of new development or improvements where a 50 I landscape easement is not available or practical, Company shall meet with C'ityto determine a suitable landscaping al ternati ve. '. 3. Driveways opening from said strip of land onto State Highway 225 or state Hiqhway 146 shall be subject to the ru1es and regulations of the Texas Department of Transportation and .provisions of the City' s Code of Ordinances, whichever is more restrictive. . Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the city's Code of Ordinances, whichever is more restrictive. 4., Driveways opening from' said strip of land onto Fairmont Parkway shall be approved ,by the City and may.require the installati~n of separate accel~ration/deceleration lanes. 5. Installation of a median crosSover on Fairmont Parkway shall be subject ,to the approval of both Harris County and city. " e . ORDINANCE NO. 2000-IDA-31 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY 01' LA PORTE 01' AN INDUSTRIAL DISTRICT AGREIHBNT WITH AIR PRODUCTS HANUI'ACTURING CORPORATION, I'OR THE TBRX COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; I'INDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EI'I'ECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. AIR PRODUCTS MANUFACTURING CORPORATION has r executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required. by law pre~eding 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 August, 2000. ATTEST: ~~ Knox W. Askins, City Attorney By: 2 e e City of La Porte Established 1892 September 7, 2000 Air Product Manufacturing Corporation Attn: Tax Department 7201 Hamilton Blvd, Allentown, PA 18195-1501 Re: Industrial District ,Agreement (IDA) Series 2001-2001 Dear Gentlemen: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La' Porte, effective January I, 2001, for the term expiring December 31, 2007, I also enclose a certified copy of the City's approval ordinance, for your records, ' . As part of the document preparation, the City examined Exhibits "A" and "B" furnished by ~our firm, While reviewing the documents, we found that: Exhibit" A" is not in metes and bo~nds format and also gives an inadequate description of the properties in question. Exhibit "B" does not provide an adequate graphical representation of property in question. We feel that these exhibits will assist in monitoring the faithful performance of the Industrial District Agreements as well as aiding long-range planning activities, . If you do not have this information, cannot readily develop it, or need to discuss this request, please contact John 1oerns, Assistant City Manager, Thank you for your assistance in completing these documents, Respectfully, G?~ T ~ Robert T, Herrera City Manager P.O, Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e NO. 2000-IDA-~ STATE OF TEXAS { { { { { COUNTY OF HARRIS INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, ,TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Air Products Manufacturing Corporation , a Delaware corporation, hereinafter called "COMPANY", , WIT N E SSE T H: WHEREAS,' it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citiz~ns; and WHEREAS, pursuant to its policy, city has enacted Ordinance No. 729, designating portions of the' area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No~ 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as Section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the city of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown 'on a plat attached as Exhibit "B", which plat describes the ownership boundary lines;' a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the c~ty of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreemehts of the parties contained herein and pursuant to the authority gra~ted under tpe Municipal Annexation Act and the Ordinances of City"'referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 e e 1. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall. continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any buildinq, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of' business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "c" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not ~ubject to the Agreement. . II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad vaiorem taxes on such a'nnexed Land and improvements', and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regula~ Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personai property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that' the appraisal of the Land, improvements, and tangible personal property in the un annexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appr~isal for "in lieu" ,payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, . through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company On January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to city and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would' be payable to ci ty if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 . e e each year by City's independent appraiser, in accordance with the applicable provisions' of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tang ible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on . January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. ~ For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable" to City on all of the company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Larid, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicab~e Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. ' wi th the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended .for an additional period or periods of time upon mutual consent of Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement,. notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, ~994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same ~xisted January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, .', plus (l:?) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described proper~y which would be due to City in accordance with the 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the city or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the,result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any.additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree wi th any appraisal made by the independent appraiser selected by city pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days ~f receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property~ Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company I s property for "in lieu" purposes,hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submi t the dispute to final arbi tration as grovided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company' s valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators 'shall be created compos~d of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution 'of the difference between the parties as to the fair market value of Company I s property for calculation of the "in lied" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successor~ and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells,.assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into. a renewal of any existing industrial distript agreements after the effective date hereof and while this Agreement is,in effect~ which contains terms and provisions 'more favorable to the landowner than those in this Agr~ement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that ,this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the' event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the 'application thereof to 'any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. . Title: Address: R. F. Casev Vice President & Treasurer c/o Tax Dept. 7201 Hamilton Blvd. Allentown, PA 18195 I' '" ATTEST: ~6.A. ,flAlM{ cit Secretary By: '6DzA:) ~ ~ Knox W. Askins ' City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: G~T\ ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471..:.'2047. 8 e e UEXHIBIT AU (Metes and Bounds Description of Land) 5.58 miles of miscellaneous 12 inch diameter pipelines (HeAD Account No. 0278138 Value of $487,900) (1999). i\: e e "EXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipeline~ and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) ~ '\ e e "EXHIBIT e" Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide ~nd contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulati~ns pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply at'ter the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont Parkway,' state Highway 225, or state Highway 146. , . 1. Any sign erected in said' 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-ot-way. ' . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rightS-Of-way. . Freestanding identification signs for multiple businesses shall not exceed 350 square feet. (,; . Freestanding identification ~igns shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property. lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening . of the development. Existing trees shall, together with other vegetation ~nd underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. , . e e' "EXHIBI'l' e" Page 2 of 2 c) A screening plan, to be approved by the' City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs ~nd ground cover, create a continuous visual screen. Provided, however, in , public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not . interfere with the operation and maintenance of the public utility facilitie~. ' For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' ~ landscape. easement is not available or practical, Company shall meet with City to determine a, suitable landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or state Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4. Driveways opening' from said strip of land 'onto Fairmont Parkway shall be approved by the City and may require the installatfon of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris county and city. . e ORDINANCE NO. 2000-IDA-32 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH E.I. DU PONT DE NEMOORS , COMPANY, FOR THE TERM CODENCING JUOARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. E.I DU PONT DE NEMOURS & COMPANY has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in section 1 hereof. section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at ~he 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. . e PASSED AND APPROVED, this 28th day of August, 2000. ATTEST: .0., (Jfl)}b) Mar ha . Gillett City Secretary By: ~~~ 2 - e City of La Porte Established 1892 September 7, 2000 E,J. du Pont de Nemours & Company Attn: Kevin Startz 140 Cypress Station Drive, Suite 135 Houston, Texas 77090 Re: Industrial District Agreement (IDA) (Series 2001-2007) Mr, Startz: Enclosed is a fully executed duplicate original of the Industrial District Agreement between your firm and the City of La Porte, effective January I, 200 I, for the term expiring December 31, 2007, I also enclose a certified copy of the City's approval ordinance, for your records, As part of the document preparation, the City examined Exhibits "A" and "B" furnished by your firm, While reviewing the documents, we found that: Exhibit" A" does not provide an adequate description of the property in question. It ~eferences only the grantor, date and, tiling information of each property acquisition with no ~eference to metes and bounds of the tract(s) in question. . Exhibit "B" consists of two plant site layouts that cannot be identitied by the property identifications from Exhibit "A". We feel that these exhibits will assist in monitoring the faithfiiI performance of the Industrial District Agreements as well as aiding long-range planning activities, If you do not have this information, cannot readily develop it, or need to discuss this request, please contact 10hn Joerns, Assistant City Manager, Thank: you for your assistance in completing these documents" Respectfully, 6MT,~ Robert T, Herrera City Manager P'O, Box 1115 0 La Porte, Texas 77572-1115 . (281) 471.5020 e- e NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and E. 1. du Pont de Nemours & Company , a Delaware corporation, hereinafter called "COMPANY"" - WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to' enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being ~n compliance with the Municipal Annexation Act of Texas, codified as Section 42.p44, Texas Local Government Code; and WHEREAS, Company is the owner of land withiJ1, a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the city of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority gra~ted under the Municipal Annexation Act and the Ordinances of City"'referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 e e I. city covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway', state Highway 225, or state Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "c" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not ~ubject to the Agreement. II. In the event thc;lt any portion of the Land has heretofore been annexed by city, Compapy agrees to render and pay fu11 city ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (s.a. 621, Acts of ~he 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal Oistrict. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at city's expense, by an independent appraiser of City' s selection. The parties recognize that in making such' appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III' (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses. of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31,2001, or 30 days" from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction; in excess of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. ~ For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January '1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to ci ty on all of the Company's tangible personal' property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the City's independent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. wi th the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate "annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on 'City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same ~isted January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to city on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, "'plus (b) the total amount of the "in lieu of taxes" on the unannexedportions of Company's hereinabove described property which woul~ be due to City in accordance with the 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the city or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to city of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company . disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to, the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbi tration as frovided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on ~he basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of ~ssignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the' event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. E. I. du Pont de Nemours & ComDany (COMPANY) By: lY\c hall G. Me Clure President - Taxes 1007 Market Street Wilminston. DE 19898 ATTEST: ~~ J1JJJJI Clt Secre ary By: ~, ~ ./1 AP~ Knox W. Askins City Attorney City of La Porte P.O. Box 1218 : La Porte, TX 77572-1218 By: G~ ~\ ~~ 'Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471";2047 8 tit e "EXHIBIT A" (Metes and Bounds Description of Land) I' '" e e. EXHIBIT A A-" s'chedule listing tracts ~f. land acquired by E. 1. duPont de Nemours and 'Company in Harris County, Texas, to be, used for the construction of manufacturing and related facilities. The information ,contained in this schedule is a part of the industrial district.agreement entered into between the City of La Porte, Texas, and DuPont on ' EKN ''3''''- Deed from H. C. Cockb"urn dated March 29. 1944. recorded in Vol. 1318, page page 364 Du Pont's La Porte Plant acr~age was acquired from the fol10winR conveyances: PLeASE. See "Ai' .....:..... Deed from U.S.A. ('By 'Maritime Commission) dated March 30, 1944, recorded in Vol. 1318, page 444 Deed from St. Joe Paper Co. dated December 21, 1967. recorded in Vol. .7034. page 10 Deed from Harris County Houston Ship Channel Navigation District dated June 30. 1969. recorded in Vol. 7708. pag~ 242 Deed from Texas Commerce Bank, National Association. Trustee, dated May 27. 1970, recorded in Vol. 8025. page 318 Deed from Decker McKim dated August 1. 1970, recorded in Vol. 8111, page 60 " Deed from Harris County dated October 26. 1971, recorded in Harris County Clerk's File Code 135-39-0587 Deed from Texas Commerce Bank. National Association, Trustee, dated October 11. 1973. recorded in Harris County Clerk's File Code 169-33-0421 Deed from Decker McKim, Trustee, dat~d April 1.' 1974. recorded in Harris County Clerk's File Code 101-13-0864 Deed from Decker McKim, Trustee. dated April 1. 1974, recorded in Harris County Clerk's File Code 101-13-0872 . Deed from Kenneth P. Theriot dated August 30. 1974, recorded in Harris County Clerk's File Code E-248302 Deed from Robert L. Bruce dated October 3. ,1974, recorded in Harris County Clerk's File Code E-274648 Deed from Gladys Louise Randall dated May 27. 1975. recorded in Harris County Clerk's File Code 121/09/0120 Deed from James w. Coope~ & Wife dated November ~O. 1975, recorded in Harris County Clerk's File Code 131/04/1211 Page 1 of 3 e e Deed from Geral~ B. Carpenter & Wife dated November 20. 1975. recorded in Harris County Clerk's File Code 131/13/0088 Deed from Gladys Louise Randall dated November. 20, 1975. recorded in Harris County Clerk's File Code 131/04/1215 Deed from Lawrence P. Lee & Wife dated February 4, 1976, recorded in Harris County Clerk's File Code 135/01/0839 Deed from Donald C. Da1bosco & Wife dated February 17, 1976,. recorded in Harris County Clerk's File Code 135/15/0989 Deed from Wilbern B. Hood & Wife dated April 13, 1976. recorded in Harris. County Clerk's File Code 139/04/1356 Deed from Hayden Moorman & Wife dated April 13, 1976, recorded in. Harris County Clerk's.Fi1e Code 139/04/1366 Deed from John F. McNeeley, Trustee. dated October 25, 1976, recorded in Harr"is County Clerk"s File Code 151/16/1976 -.-. . Deed from Allen L. Wilkirson, Jr. & Wife dated January 25, 1977, recorded in Harris County Clerk's File Code 159/12/2110 Deed from Southern Pacific Transportation Company dated July 19. 1977, recorded in Harris County Clerk's File Code 185/05/0303 Deed from Penn Earl Majors, Jr. & Wife dated September 20, 1977, recorded in Harris County Clerk's File Code 176/02/2464 Deed from Jackson Bates Craven, Jr. & Wife dated September 21, 1977, recorded ~ in Harris County Clerk's File Code 176/06/1557 Deed from Delma Earl Polk .& Wife dated September 2i, '1977, recorded in Harris County Clerk's File Code 176/02/2468 Deed from James C. Arthur & Wife dated September 21. 1977, recorded in Harris County Clerk's File Code 176/06/1548 Deed from Jerry R. Christy &: Wife dated July. 12, 1978, recorded in Harris County Clerk's File Code 200/08/1672 , Deed from Houston Lighting and Power Company, dated March 22. 1980, recorded in Harris County Clerk's File Code 162/81/2186 Deed from P. C. Holmes dated March 5, 1981, recorded in Harris County Clerk's File Code 179/92/0455 Deed from Sybil Fry dated March 5, 1981. recorded in Harris County Clerk' 5 File Code 179/92/0460 Deed from Community Hospital of Brazosport dated October 21. 1985" recorded in Harris County Clerk's File Code 029-68-1229 Page 2 of 3 e e Du Pont's Deer Park, Plant acreage was acquired from the following conveyances: Deed from Donald C. Dalbosco &. Wife dated February 17, 1976, recorded in Harris County Clerk's File Code 135/15/0989 Deed from Claud B. Hamill Dated February 17, 1976, recorded in Harris County Clerk's File Code 135/15/1004 Deed from Gid L. Neal & Wife' dated February 17, 1976, recorded in Harris County Clerk's File Code 135/15/1009 Deed from National Distillers & Chemical Corporation dated December 27, 1976, recorded in Harris County Clerk's File Code 115/19/1795 Deed from Port February 10, 158/15/0954 of Houston Authority of Harris County, Texas, dated 1977, recorded in Harris County Clerk's File Code Deed from National Distillers and Chemical Corporation 'dated August 12, 1~77, recorded in Harris County Clerk's File Code 175/08/1760 ,~ Deed from National Distillers & Chemical Corporation dated May 26, 1978, recorded in Harris County Clerk's File Code 197/08/1836 Deed from 'Charles D. Boyle, Trustee, dated May 5, 1987, recorded in Harris County, Clerk's File Code 179-27-1486 Deed from George B. Kennedy & Wife dated August 16, 1991, recorded in Harris County Clerk's File Code 043-15-1366 Deed from Con-Gas, Inc. dated May 21, 1992, recorded in Harris County Clerk'~ File Code 022-56-0397 e e If Gllle,r- itA If f:J_ J _ v E, I. Dupont 12501 strang Rd. Laporte, Texas 77572-0347 <[() PUn> Dupont Environmental Control Tuesday, January 11, 2000 cc: Ronny Lai Willie Lott Kevin Startz Conoco - Real Estate As requested, attached are maps reflecting recent land transactions and a ledger that records historical transactions up to 1996. You will need to add to this ledger the 117 acre sale to Frantz in 1998 and the more recent 10.8 acre sale to 0.8, Western in 1999, Please call if we can be of further assistance. ~ Dave Perrin Ducom 470-3194 ~ E.!. Dupont de Nemours and Company ('0: SAt-J JAClklTO BAY e e ft v. W. LENtR" I 0.3'7 I..C. QUANTUM e e "EXHIBIT B" (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously ~nnexed by the City of La Porte.) .' '" e e "EXHIBIT e" paqe 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to. new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is'adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall'not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. Ii '" Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. .:" b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. e e . <mPDBl> Kevin C. Startz, CMI Tax Advisor Property Tax E. I. Du Pont de Nemours and Company 140 Cypress Station Drive, Suite 135 Houston, TX n090 Tel (281) 586-6707 Fax (281) 586-2504 May 10, 2000 Mr. Robert T. Herrera, City Manager City of La Porte ' P.O. Box 1115 La Porte, TX 77572-1115 RE: Industrial District Aareements for E. I. du Pont de Nemours and ComDany and Sentinel TransDortation. LLC. Dear Mr. Herrera: Enclosed, please find the executed documents respectfully submitted on behalf of the referenced companies. Included with the documents are the revised legal description and site map for DuPont. Since Sentinel Transportation leases the parcel of land it occupies from DuPont and no changes have occurred regarding ~ ownership or improvements from the prior agreement, we do not believe that a revised legal description is needed for Sentinel. Please contact me with regard to the timing of the City Council's meeting to review these agreements or if you have questions. Yours very truly, K~~?fp Tax Advisor [5) Ie IC Ie 0 W Ie fR1 IfU ItAn 1 2000 l!dJ CllYMANAGER . OFFICE e e "EXHIB:tT e" Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the pUblic utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50 ' landscape easement is not available or practical, Company ~ shall meet with ci ty to determine a sui table landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or state Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from. said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris county and provisions of the City's Code of Ordinances, whichever is more restrtctive. 4. Driveways .opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. . e REOUES~R CITY COUNCIL AGENDA ITE. Agenda Date Requested: August 18.2000 Requested By: Robert T. Herrera Department: City Manager _ Report Resolution X Ordinance Exhibits: Employment and Lease Agreement SUMMARY & RECOMMENDATION Alex Osmond's employment contract with the City is scheduled to terminate on September 30,2000. I have met with Alex, and we both agree that we would like to continue having him perform the duties of Golf Professional 'at Bay Forest Golf Course. Mr. Osmond has been part of our administrative team since 1987. During his tenure, he has been good for the development and play at Bay1forest. He continually strives to maintain the character of this public course. He has been fiscally conservative and has provided City management with sound golfing advice and counsel on the direction and the maturing of the course. Attached is an agreement that would allow the City and Mr. Osmond to continue our existing relationship. The agreement is for 5 years with a 2-year option. The agreement also contains a termination provision whereby either party upon thirty (30) days written notice to the other party may terminate this agreement. Staff recommends the agreement be favorably accepted. Action Required by Council: Availability of Funds: General Fund WaterlWastewater _ Capital Improvement_ General Revenue Sharing 2L Other Account Number: Funds Available: YES NO ADDroved for Citv Council Ae:enda Q~~ -r: ~ g.tt..ou Robert T. Herrera Date City Manager . e ORD:INANCE NO. 2ooo-~45o AN ORD:INANCE APPROVING AND AOTHOR:IZ:ING AN EMPLOYKEN'l' AND LEASE AGREEMENT BETWEEN THE CITY OF LA PORTE AND ALEX OSMOND, FOR THE CITY OF LA PORTE BAY FOREST GOLF COURSE; MAKING VARIOUS F:IHD:INGS AND PROV:IS:IONS RELAT:ING TO THE SUBJECT; F:INDING COMPL:IANCE W:ITH 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 hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City. for the time required by law preceding this meeting, as required by the Open Meetings Law, 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 effective from and after its passage and approval, and it is so ordered. e ORDINANCE NO. 2000- ^&otbt> e PAGE 2 PASSED AND APPROVED, this 28th day of August, 2000. By: ATTEST: ~A~ fJJil!e" City Secretary . Knox W. Askl.ns, City Attorney Norman Mayor e e STATE OF TEXAS { { COUNTY OF HARRIS { EMPLOYMENT AND LEASE AGREEMENT THIS EMPLOYMENT AGREEMENT, entered into effective the 1st day of October, 2000, by and between the CITY OF LA PORTE, a municipal corporation, of Harris County, Texas, sometimes hereinafter designated as "Employer" or the "City", and ALEX OSMOND, sometimes hereinafter designated as the "Professional" or the "Lessee", or "Independent Contractor". WHEREAS, City has constructed, and will own and operate the City of La Porte Bay Forest Golf Course, hereinafter referred to as the "Golf Course"; WHEREAS, the City is desirous of entering into a written Employment and Lease Agreement with Professional, all upon the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. TERM OF AGREEMENT: City hereby employs Professional for the term beginning on October 1, 2000 and terminating on September 30, 2005 with a two (2) year option by Employee to renew (on the same terms and conditions), and on a month to month basis thereafter, until terminated by either party hereto, upon thirty (30) days written notice to the other party. accepts such employment. Employee hereby 2. LEASE OF FACILITIES: The Professional hereby leases from City and City hereby leases to Professional, upon the terms and conditions herein contained, for the period of employment of Professional described in Paragraph 1 above, the facilities and the e e golf course clubhouse described on Exhibit "A", attached hereto and fully incorporated by reference herein; and golf range facility, described on Exhibit "B", attached hereto and fully incorporated by reference herein. Rental shall be paid by Professional to City for said facilities in the amount of $1.00 per year or for any part of a year, commencing on October 1, 2000 with additional installments for rental due and payable to City by Professional on or before each annual anniversary date of this contract. 3. DUTIES OF THE PROFESSIONAL: A. The Professional shall devote his time, attention and energies to the performance of duties as golf professional at the Golf Course d4ring the term of this Agreement. He shall conduct himself at all times and in all matters in accordance with the standards accepted for golf professionals established by the PGA, and in accordance with the rules contained in the City of La Porte Personnel Policy Manual. B. The Professional shall conduct all golf tournaments and shall initiate and promote golf activities for patrons of the Golf Course. C. The Professional shall cooperate with Golf Course patrons and render professional advice, opinions, assistance and services as required. D. The Professional shall maintain a credit rating with suppliers and manufacturers and others so as not to discredit the reputation or name of the City. Except in the event of a dispute involving goods or services provided by suppliers or manufacturers, invoices shall be paid within sixty (60) days of due date by 2 e e Professional. E. The Professional shall supervise, direct and train a staff of employees, of both Professional and City, including Assistant Professionals, so as to perform duties and meet requirements for sales, rentals, and services which are, in the opinion of the City and the Professional, necessary. F. The Professional shall operate and maintain a golf shop for repairs, handling, storage, sales, leasing, and services related to golf equipment (excluding private power golf car repair) . The City shall provide necessary fire and burglar alarm systems for areas on the golf course clubhouse premises. Professional, and his employees shall secure said premises at all times. Professional shall be responsible for carrying insurance as he deems necessary to co~er equipment and merchandise utilized by Professional and his employees in the operation and maintenance of the golf pro shop, including insurance on merchandise and equipment utilized by Professional and his employees. It is understood by Professional that the City shall not be maintaining any insurance coverage on merchandise or equipment of Professional. G. The Professional will supervise and work closely with the Greens Superintendent. H. The Professional agrees to be available to attend meetings of the La Porte City Council, and other meetings as directed by the Ci.ty Manager (or his duly designated representative) as may be necessary to discuss areas within the realm of Professional's duties. I. The Professional agrees to provide management 3 e e responsibility and authority to all contracts the City enters into for the Golf Course and clubhouse improvement as directed by the City Manager. J. The Professional agrees to provide upkeep, cleaning, and maintenance of restroom facilities in a manner generally accepted by the public. 4. DUTIES OF CITY: A. The City agrees to employ, subject to the supervision of Professional, golf course personnel as my be necessary for the proper maintenance and operation of the Golf Course. Provided that said personnel shall be employed only if sufficient funds are provided for by the City Council in its most recent adopted budget on behalf of the City. Food and beverage service will be contracted by City to a third party, and Professional shall manage the contract on behalf of the City. Professional shall be responsible for the employment and payment from his own funds, of Professional's pro, shop employees, and will carryon behalf of Professional's pro shop, employees worker's compensation insurance and such other insurance as is provided by law that an employer pay on behalf of his employees. B. The City will provide Professional the usual and customary employment benefits, except "pay for performance" benefits, as are received by all full time City employees, in accordance with the edi tion of the City of La Porte Personnel Policy Manual most recently adopted by the City Council of the City of La Porte. 5. COMPENSATION: In addition to other remuneration herein 4 e e indicated to be received by the Professional, under Paragraph 6, Concessions, the Professional shall be paid for his services the following annual sums for each annual period commencing October 1, 2000, payable in bi-weekly installments: Year 1 through 4: Year 5: Option Years: $45,000 $48,000 $48,000 During the term of this Agreement, the Professional shall be under the supervision and directly responsible to the City Manager or his duly designated representative, and said salary increases shall depend upon a satisfactory rating from the City Manager. As "Additional Compensation", City shall pay Professional the following gross percentages, exclusive of sales tax, or any other tax applicable to said gross percentages, on revenues received by City after the first 40,000 rounds of annual play, such sums to be payable by City to Professional within thirty (30) days of the close of each fiscal year of City during this Agreement: Green Fees After 40,000 Rounds 7% Cart Rentals After 40,000 Rounds 15% The relationship between City and Professional shall be that of Employer-Employee, and shall not be construed to be a partnership relationship in any respect. There shall be deducted from all compensation (except for Addi tional Compensation as above defined) paid by the City to the Professional such sums, including but without limitation, social security, income tax withholding, health insurance, Texas Municipal Retirement, and any other taxes or state insurance, as Employer is by law obligated to deduct. Except as expressly varied by the 5 e e terms of this Employment Agreement, the employment of Professional by City, shall be subject to all of the terms and conditions of the current edition of the City of La Porte Personnel Policy Manual. 6. CONCESSIONS: In addition to performing the duties required under Paragraph 3 hereof, the Professional shall be given the exclusive privilege, and shall be required, during the term hereof, to operate the following concessions on the Golf Course premises: A. Sale of Merchandise: The Professional shall have the exclusive right as an Independent Contractor to sell golf-related merchandise (exclusive of food and beverages, which concession has been contracted to another party), and to receive all the proceeds therefrom, on the Golf Course property with the obligation upon the Professional to maintain a proper stock to adequately serve the patrons. It is understood by Professional that the City shall not be carrying business interruption insurance on said golf-related merchandise for sale. The Professional shall set and post business hours for the golf shop according to the season. The Professional shall have the sole right to recover lost golf balls from the golf course property. B. Golf Instruction: The Professional and his staff shall have the exclusive right as the Independent Contractors to contract for golf lessons at the location of the Golf Course. Charges for such lessons. shall be fixed by and received by the Professional. Records shall be kept by the Professional of the number of lessons given and charges ,received by the Professional. C. Golf Club Services: The Professional, as an Independent 6 e e Contractor, at his option, may offer to service, clean and repair golf clubs for patrons of the Golf Course. Any revenues therefrom shall be the sole property of the Professional. If Professional decides not to offer said service, he shall so notify the City in writing, which shall then have the right to offer this concession to a third party. D. Power Golf Cars and Golf Carts: The Professional and/or his assistant shall be responsible for the leasing of power golf cars to patrons of the Golf Course, and the handling of bags on and off said cars. The power golf cars are owned and maintained by City. The decision to allow cars on the course shall be determined by the Greens Superintendent after consul tation wi th the Professional. The revenues for power golf cars shall be solely the property of the City, subject to the Professional's right, however, to additional compensation as provided in Paragraph 4. E. Golf Range: Professional shall be responsible for the operation of the golf range, and shall have the exclusive right to rent practice balls in the area provided by the Golf Course for that purpose and to receive all revenues therefrom. The Professional will provide ball dispensing machines, range balls, retrieval and washing equipment. Ci ty will be responsible for grass cutting and maintenance of the range. F. Cash Register:. Employee shall maintain a separate cash register for Employee's golf shop, driving range, and private lessons. All green fees, power cars, and cart rentals, and any other revenues from the Golf Course, shall be rung up and maintained in ~ separate cash register to be furnished by City. 7 e e Professional shall follow accounting procedures established by the City's Director of Finance to account for all green fees, power car and cart rentals, and any other revenues from the Golf Course. Professional understands as part of the City's accounting practice, inter-departmental audits may be conducted by the City's Director of Finance, or said Director's designated representative, at his discretion. G. Reporting: Professional shall furnish the City Manager wi th a copy of Professional's sales tax returns and Schedule "c" tax return on Professional's operations. 7. TERMINATION: This Agreement will terminate in any of the manners provided in the City of La Porte Personnel Policy Manual, or upon the happening of any of the following events: A. Upon its normal termination if not renewed. B. Upon the death of the Professional. C. Upon the physical disability of the Professional. Said disability shall be such as will incapacitate the Professional for an aggregate of six months during the working period of this Agreement. After such period the City can elect to terminate this Agreement within 60 days after notice is delivered to the Professional. D. Upon written notice by the City of termination for good and sufficient cause. Such good and sufficient cause shall include, but not be limited to, the following: a. Dishonesty detrimental to the best interests of the City. b. Continuing inattention or negligence of duties. 8 e e c. Suspension from the PGA for more than 30 days. d. Illegal or immoral conduct. In the event of termination of this Agreement, the Professional shall be paid his compensation to and including the month of death or, in the event of disability, shall be paid to the 1st day of the month in which termination occurs. In the event of termination by death, disability, or by the city other than for good and sufficient cause prior to the normal termination date, the Professional or his representative may elect to have the City purchase all logo-type merchandise purchased wi thin the pr~vious one (1,) year, at Professional's cost less depreciation as set forth under standard accounting practices, and to pay the same to the Professional or his representative within 30 days of the date of the notice of such election. The Professional shall be responsible for all outstanding debts of the Professional. 8. OTHER EMPLOYMENT: Professional shall not, during the term hereof, be interested directly or indirectly, in any manner, as partner, officer, director, stockholder, advisor, employee or in any other capacity in any business that provides goods or services to La Porte Bay Forest Golf Course. 9. VACATION AND SICK LEAVE: Employee's vacation, sick leave, and other benefits as an employee of the City, shall be as set forth in the current edition of the City of La Porte Personnel Policy Manual, except as modified by this Agreement. 10. NON-ASSIGNABILITY: The parties hereto agree that Employee's services are personal and that this Employment and Lease 9 e e Agreement shall not be assignable by Employer but shall be binding upon the heirs, administrators, and executors of Employee. Neither the Employee, nor his wife, nor his heirs have any right to sell, transfer or assign the right to receive payments hereunder and any such attempted assignment or transfer shall, at the option of Employer, terminate this Agreement. 11. NOTICES: All notices, requests, demands and other communications provided for by this Agreement shall be in writing and shall be deemed to have been given upon deposit thereof for mailing at any general or branch United States Post Office enclosed in a registered or certified postpaid envelope and addressed as follows: TO THE CITY: CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572 Attn: City Manager TO THE PROFESSIONAL: Alex Osmond 1038 Oak Leaf La Porte, TX 77571 The parties hereto may designate a different place at which notice shall be given, provided, however, that any such notice or change of address shall be effective only upon receipt. 12. ENTIRE UNDERSTANDING: This Agreement supersedes any other prior agreements and sets forth the entire understanding of the parties hereto with respect to the subject matter thereof and no other representations, warranties or agreements whatsoever have been made to Employee not herein contained. This Agreement shall not be modified, amended or terminated except by another instrument in writing executed by the parties hereto. 10 e e 13. SEVERABILITY: In case one or more of the provisions contained in this Agreement (or any portion of any such provisions) shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement (or any portion of any such provisions), but this Agreement shall be construed as if such invalid, illegal or unenforceable provision (or portion thereof) had never been contained herein. The failure by either party, at any time, to require performance by the other party of any of the provisions hereof, shall not be deemed a waiver of any kind, nor in any way affect the aggrieved party's rights thereafter to enforce the same. 14. GOVERNING IAW: This Agreement and all rights, obligations and liabilities arising hereunder shall be c'onstrued and enforced in accordance with the laws of the State of Texas. Venue of any action hereunder shall be in Harris County, Texas. 15. ATTORNEYS FEES: In the event it becomes necessary to commence any proceeding or actions to enforce the provisions of this Employment and Lease Agreement, the Court before whom the same shall be tried, may award to the prevailing party all costs and expenses thereof, including but not limited to, reasonable attorney's fees, the usual, customary and lawfully recoverable Court costs, and all other expenses in connection therewith. 16. INDEMNITY: Employee agrees to save and hold harmless City from any loss, claim, or liability, including expenses of litigation and reasonable attorney's fees, which the City may incur, by reason of any act, negligence, or omission, of Employee, 11 e . in connection with this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Employment and Lease Agreement the date first above written. "EMPLOYER" CITY pF LA PORTE ':' ~ 1: \.\~ Rob r T. Herrera City Manager "PROFESSIONAL" and "LESSEE" fk.~(1l2 ATTEST: ~ . , ~JI~lJ~ Ma ~illett . city Secretary 12 e e ~ulT FOR CITY COUNCll. AGENDL Agenda Date Requested: Administrative Services Requested By: Report Ordinance Exhibits: Ballot SUMMARY & RECOMMENDATION The Texas Municipal League-Intergovernmental Employee Benefits Pool has asked the City of La Porte to participate in the election of its Board of Trustees. The City may vote for one nominee. Action Required by Council: Vote for one TML-IEBP Board of Trustees nominee. Availability of Funds: General Fund _ Capital Improvement Other WaterlWastewater _ General Revenue Sharing Account Number: nla Funds Available: Yes No Approved for City Council Agenda Q\" ~ Robert T. Herrera City Manager ~. 'l.1....u~ Date r8 D D . ".T 1\1 L t..1 Intergovernmental Employee Benefits Pool e TML Intergovernmental Employee Benefits Pool Board of Trustees - TML Region 14 Term of Office October 1, 2000 - September 30,2003 Please vote for one candidate. Tom Reid - Mayor, City of Pearland Mr. Reid currently serves as Mayor for the City of Pearland. He has a BS from University of Texas, Austin. Mr. Reid has 14 years experience in the insurano~ field including three years of service with TMl Intergovernmental Employee Benefits Pool Board of Trustees. In addition, he serves as a Board Member of the Adult Reading Center, Gulf Coast Water Authority, Brazoria County Tax Abatement, Pearland School District-Education Improvement Board and Pearland Chamber of Commerce and is an Ordained Elder in the Presbyterian Church. Mr. Reid is also President of the Mayors/Councilmen Association. Modesto A. Mundo - Assistant City Manager/Personnel Director, City of Lake Jackson Mr. Mundo currently serves as Assistant City Manager/Personnel Director for the City of Lake Jackson. He has a Bachelor Business Administration from Texas Christian University with a Master of Public Administration from University of North Texas. Mr. Mundo is involved with the United Way, a volunteer for Keep Texas Beautiful and serves on the BASF Citizen Advisory Panel and Knights of Columbus. In addition, he is affiliated with the Texas City Manager's Association and TCMA Annual Conference Committee. I certify that this ballot is cast in accordanCl~ with official action taken at a duly called meeting on <('.;' J ~ . 2000. G~T~~ Signature L:+y~~e( Title f.J. \/ OJ:; fA ~ fl9/-fe Entity I Mail baUot in the envelope pro,ided by September 26, 2000 to Catherine Brown FlYer Bickerstaff. Heath. Smilev. Pollan. Kever & McDaniel. L.L.P. . e REod FOR CITY COUNCIL AGENDA_EM Agenda Date Requested: AU:.~2 2000 Requested By: Louis Ri ~. ~ Department: Administrative Services Report . R~IU~on Ordinance Exhibits: Ballot SUMMARY & RECOMMENDATION The Texas Municipal League-Intergovernmental Risk Pool has asked the City of La Porte to participate in the election of its Board of Trustees for Places 11 through 14. The City may vote for one nominee in each place. Action Required by Council: Vote for one TML-IRP Board of Trustees nominee, in each place. Availability of Funds: General Fund _ Capital Improvement Other Warer/Wasrewarer _ General Revenue Sharing Account Number: nla Funds Available: Yes No Approved for City Council Agenda ~~ r.~. a 0.4 Robert T. Herrera City Manager ~ . 'l.:'Z. eO 0 ~ Date . e CITY OF LA PORTE f:; ~'!';'~'~\~d:<,;,.!i' 'r::';,~iV:~' .~:. ~~:~~rr!t!tt'~:r.~tt:~::~~1:; ~j.~.'~. .~:~I~J..; i',;F. 1t!ir ,.;'~t1t~~~:< j,i,(.;~:J ,/: I lj;;/' ':In'I, ~;"--:"-thfl'I,.itJ;....:~~~.~'1:;~~'I~""E" "~M" "~~M" ':"""R' 'A"N' '"" 'L" 'M' "';; ", ~:.;." ' ." !I-"""'lJ' ,.-"....,.~'..'. ',. !~:,.1..:.m.';.'N;;I::,m.m.~~:~..~r.;.1. '\;I;..J',-.;:. ,c;:fi -'V:';.~'M';, :,..,'u' ..~,.., ..~"""""..'''': :. ~ . .1->- "j"'" - " ',", .:'-;re" ... "l':. I<,.-.~p., ...... , ,. f.~,...-:..p.. ":, " ... -, , ... ,. ....-', ,'1"', ,;" , \. . ,-.;.. . l~"" .....1':.................' r..... .""'" t- '.111... ."~~ .,.~:. ,..".,.",1 .,01. ~ ,. "I"f<'~' lJo;;: '.....r. ~,.,...4.. ....f...........,JI.".40..,. ,,".II.i.IIJ,t L. "l ' .', , :;;'"". i~, '~I'" )'..It._'.... ."'l..,.I......t.' ....11; ,,<1t w-)q~ :r.t:;f~..t<,If,",.~,.....;"';I~~ ,.... , . -',,' '" "".. -~.,I...j:..> -". i." ~ r.:' 1 ~~ f.~~~.:}.I. ~. ':'i~! ro;~I!Pt~tf,~.r~"4"'!'t:"'f"....a;...'.,~rf"f ,JI~~ ~ .~)'I7.t.r~: ' _t ~:".' :'..; ~:...~ ~'_L .,_.L....~... . . ::_....:__.....~. August 24, 2000 TO: Mayor and City Council Robert T. Herrem, City MBDag~~ TML-IRP Board of Trustees Election FROM: SUBJECT: The City of La Porte is a member of the Texas Municipal League Intergovernmental Risk Pool (TML-IRP), which is a self-insurance pool created by its members to provide workers' compensation, liability, and property coverage to participating members. The pool is governed by a IS-member Board of Trustees, comprised of representatives from political subdivisions participating in the self-insurance programs, and citizen members who are recognized in their field and who possess particular expertise to complement the Board. Currently, I serve on this Board, which works on behalf of all members and continues a commitment to quality service and financial stability. I have attached a copy of an official ballot for the Board of Trustees election for Places 11 through 14. The City of La Porte may vote for one (I) nominee in each place. I have enjoyed working with the incumbents in Places 11, 12, and 14, and would recommend their reappointment. The two (2) candidates fur Place 13 have not served on this board, and I do not have a recommendation at this time. Place 11 Greg Ingham Place 12 Mike McGregor Place 13 Byron Black or Eliseo Valdez, Jr. Place 14 Pat Norriss -. , RTH:cjb c Louis Rigby .' .' . e OFFICIAL BALLOT Texas Municipal League Intergovernmental Risk Pool Board of Trustees Election Ballots must reach the office of Tony Korioth, Board Secretary,. no later than October 2, 2000. Ballots received after this date cannot be counted. All ballots should be mailed to: Trustee Election, Tony . Korioth, Secretary of the Board, P.O. Box 161000, Austin, Texas 78716-1000. The names of the officials listed on this ballot have been nominated to serve a six-year term on the TML Intergovernmental Risk Pool (Workers' Compensation, ~perty and Liability) Board of Trustees. Each member of the Pool is entitled to vote for Board of Trustee members. Please record your choices by 'placing an "X" in the square beside the candidate,'s,name. You ~ould vote for one candidate for each place. PLACE 11 rg] Greg InghaiIl, City Manager, City of Levelland (Region 3), where he has worked for more than 19 years. He has served in local government since 1975. Mr. Ingham received a B.S. degree in Political Science from West Texas A&M and a Master of Public Administration degree oom Texas Tech University. He is active in numerous statewide and regional organizations. Mr. Ingham has been a Board member since 1989, has served as Vice-Chairman of the Board for two years and was recently elected Chairman. Johnny A. Rodriguez, Mayor of the City of Balcones Heights (Region 7). Mr. Rodriguez was elected Mayor in May 2000. He operates his own business providing investigative and risk management services. He is married and has two young sons. WRITE IN CANDIDATE: D PLACE 12 ~ ~ Mike McGregor, City of Midland Housing Authority Board Member (Region 4). Mr. McGregor has served in the city management profession for 27 years, the last 7 years (1993-2000) as City Manager of Midland. He received a BA degree and Master of . Public Administration degree from Texas Tech University. He has been active in a vari- ety of community and state organizations. Mr. McGregor has been a Board member since 1992. and has served both as Vice-Chainnan and Chairman of the Board. WRlTE IN CANDIDATE: "~.it. ......c..r:. :~.~i{:~ " :. '-;;:~, ",4i~ ..,;~ , . ':iJ.g:;;c .:~~ ...... ...." "~o.;\ii~ .' :,!t:~gjf ".::~~ ~..:t!~.. ;\9~~~ . ,J.:fc; :..~i~. "~~~' -.... ''''''' '". ..' . -:~.:~~.~~ ....:. i~~~ ~tt.. ;5- ., ~'~.' . . .}..~:~~f . .~~ . . - ~".:.?#.. ...~~~ '.' ..' . :~ .~&O . .:.::~t .=i~~;~~ . . .,~;;~~ ."/~~>>" 1'~~~ '..H.:1J.t-. . ...,.~}.~~ . ....-.-:..... .~.."".., . '~,.~i. .. , ... ~ r.! . , '...-i;:,'~~ .._~~.~ ..:~~:~.~ ,~. .......I.:;.~ PLACE 13 D lZI e e .r Byron Black, Chairman of the Board of Directors, Central Appraisal District of Johnson County, (Region 8). Mr; Black became Mayor of Burleson in May, 1998, previously serving as Mayor Pro- Tem and as a City Councilmember. Mr. Black has participated in many civic activities being recognized in 1996 as "Burleson Citizen of the Year." He is interested in cooperative efforts at all government levels, and serves as a member of the board of directors of the Texas Local Government Statewide Purchasing Cooperative. Eliseo Valdez, Jr., Council Member, CitY of Laredo (Region 7) since 1995. Mr. Valdez has served as Purchasing Supervisor/Senior Buyer for TransTexas since 1982. He is past Chairman and a member of the South Texas Development Council (COG) and served on the city's Planning and Zoning Commission from 1988 to 1995. He is a member of the Attorney General's Task Force on Economic Development. Mr. Valdez attended Laredo Junior College and Laredo State University. . WRITE IN CANDIDATE: PLACE 14 r2!J D $ Pat Norriss, Nortex Regional Planning Commission (Region 5). Ms. Norriss served on the City of Burkbumett City Co~ncil for 22 years, including 16 years as Mayor. She was recently re-elected as Board Member of the National Association of Regional Councils and has served as President of the Texas Association of Regional Council of Governments. She is currently serving as Board MemberofNorte~ 911 Communication District and has served as a Board member of the TML Intergovernmental Risk Pool since 1995. Douglass F. Maurer, City Administrator, City of Mont Belvieu (Region 14) since September, 1977. Prior to his public sector employment, Mr. Maurer worked in the areas of human resources, labor relations, ~sk management, benefits administration and, administrative services. While serving as Vice President of Administration for a national health care company, he had overall responsibility for the aforementioned' areas. Mr. Maurer holds a BS degree in Business Administration ~d a Masters degree in Business Administration. WRITE IN CANDIDATE: e e BALLOT MUST BE SIGNED TO BE COUNTED . . Certificate I certify that the vote cast above has been cast in accordance with the will of the majority of the governing body of the public entity named below. Witness by hand, this 2.~ day of I1tt ~ u.S T . 2000. ~~~~ Signature of Authorized Official r fly WlilAJfo/ r Title r ;-l-~ MA IV A- 6, er<. . Printed ame of Authorized Official Ccl-i, ~ Lu () Of-+e Printe mime of Political Entity e e RR(lTJF.STIR CTTY COTJNCTT, AGRNnA TTR-I Agenda Date Requested: /" L..._ ?OOO JX ( ,.." Requested By: Tnhn- .) Department: Aclmini~tr~tinn ,) _ Report _ Resolut~ n L Ordinance Exhibits: 1. Letter From R.E. Christy 2. Letter To R.E. Christy From Robert T. Herrera 3. Location Map STJMMARY & RRCOMMF.NDATION Our current interlocal agreement with Harris County Flood Control District (HCFCD) provides for improvements from Sens Road east 1900 ft. then north to No. P Street. Prior to bidding these improvements, three pipelines need to be adjusted. HCFCD has secured agreements with two of the pipeline companies TEPCO and MobillExxon. The third pipeline company, Chevron, provided a cost estimate to HCFCD on August 24, 2000. The estimate (not to exceed $108,400) is based on Chevron beginning work August 28, 2000. Chevron has planned work on another section of this pipeline near the ship channel. Therefore, they would like to do this work while the line is already out of service. If the work is not done now, Chevron estimates the 1st Quarter of 2001 as the next available opportunity. HCFCD cannot authorize this work without Harris County Commissioner's Court approval and they are not scheduled to meet for two weeks. HCFCD shared this information with us on Friday morning August 25. Staff discussed the possibility of the City authorizing this work so the project would not be delayed another 6-8 months. HCFCD indicated that if the City did authorize this work they would work very favorably with us on the next interlocal agreement. HCFCD also agreed to assist us with drawings, agreements, surveying, etc. Because of the local importance of this project staff felt Council should have the opportunity to consider the option of authorizing Chevron to perform the pipeline relocation. If Council agrees, funds will need to be appropriated. Staff recommends Fund 040, which is the 1998 GO Bonds approved for drainage improvements in the FIOl and F216 Watersheds. Since Chevron is the owner of the pipeline this is considered a sole source and the work will not have to be bid. Action Required by Council: Consider authorizing a purchase order to Chevron Pipeline Company for lowering an 8" Chevron pipeline within the FIOI right-of-way and authorizing and appropriating $108,400 from Fund 040. The final cost will be based on actual expenses not to exceed $108,400 Availability of Funds: _ General Fund- WaterlWastewater _ Capital Improvemen~ General Revenue Sharing _ Other Account Number: 040- Funds Available: x.. YES NO Approved for rity ronndl Ag~nda Robert T. Herrera City Manager Date ~8125/00 10:33 FAX e e /AI 001 ~1gJ UU2 rJo/-otXlt:/-' t30oL/ August 24, 2000 Chevron Pipe Une Company 2811 HaVlllI ruad Haustan. Texas nD82 p, O. Box 4879 Houston,.Teras 7721l1-4B79 Ranis County 'Flood Control Distict 9900 Northwest Freeway Houston, Texas 77092 SURf. : DRAINAGE IMPROVEMENTS RESULTING IN 8" CHEVRON PIPELINE LOWERING Attn: Teny Martin Dear Mr. Martin : -' Attached per your request is an estimate outlining reimbursable costs to lower the above mentioned 8" Chevron Pipeline for the purpose of widP.T1;f\g the existing drainage ditrch West of Sens Road per your draWing entitled Channel Improvemenrs produced by Lande'V Engineering. Chevron Pipe LiIIe (CPL) will proceed with material requisition and pipeline iDstaDation when it receives approval from you. Please consider aloowing installation oftbis pipeline beginning the week of August 28,2000. Because of circumstances beyond our control, we have the opportunity to make this relocation at this time. Should we miss this window of opportunity, the next available opportunity will ' probably be lit Quarter 2.001. Also please note that this is only m estimte of the time the line wiJI be available, The pipeline in question is the soul source of propylene to South Texas and arrangements would need to be made for supply of our customers. We arc anticipating higher costs should the project be delayed until next year. ,The cost for this project at this time should not exceed $108,400. Attached is the estimate sbeet for the costs of v3rlous parts of the line relocation. This inc1u4es a fair contingency to cover costs that. were .DOt antidpated... Also attached is a sketch outlining our plan fur pipeline relocation. Please review this proposal and notify Us as soon as possible if the relocation is feasible. Should you agree rothis prp.1iminary request, we will process the appropriate paperwork and ROW agreement modifications as soon as possible. F.iIe:Aveaue P Une Lowering; for Ditch.doc 08/25/9,9 l-9.:~~ fftX -.. -. -- e e 1~,puoJu 1 appoliogize for he short notice but please ,consider agreement for us to perform this relcation at this time. If you have any questions or need additional information please contact R. E. Christy at ext. (281)596-3545. ' Sinaercly. . ,. R. E. Christy. m cc: Mr _ T _ L. Shuler (2) Mr.P.C.DePrang Aoareed to and accepted this _ Day of . 1999. BY: (Landowner) or (Duly Appointed Agent) FJle:Avenue P LiDc Lowe:rins for Ditch.doc Page 2 012 08/25/00 10:34 FAX e e ~.tO.L. Chevron 6" Propylene Line Lowering At Ditch Near Avenue P for the Harris County Flood Control District Class 2Cost Estimate PROJECT DATA Length Ola Wan #1ft ~ 0.038 Miles 6.625 Inch 0.28 Inch 19 1,U API5LX Allowable P= Design Factar 42 2558 72% Psi SlING ~ ,::~~,'i':'" :"'~;~r ~\""I7F1 ~,.' 1~, 'S.'~ t ~\ I \ ~;:_. ~ "\ i' ~,_ " I ": -....,' / . -1~~:;::l~T~~"'''':I'i'::' 11,\ , ..,,": ~I'-:- \ .:~,I:-~'lI:~I;",~'~"_~\~ r;-,~::~m::C'-:r;~"""~'~I' I"'l~'\' ,~I,\".,I,q.l\ f(' 'f I \' ". '1'\, I II 1" \ \""l"rl__...:...J. -...--.....-..J_~,''i;..J\lJ,-I,.:\,,,~, ',Wa...' 11..1. It l.........l,'!,.1t,) ,\ -"-"'1..__1 "', .. '__'I'~ ',\ \'1,I:~,\, l:'\~\\'~~'l~:: ,l\"'~~I\)' '1\'1.,,: \ i ..... 1,'l'['.I,' '.t ,'I' L "{"I\'\':'i~"\...\,1\1::--,,,,~r;r'I(F'\I":-:'ilr_:I,,,,~a'-'~-""""""--'1::E'J..r;.:,:~:;:;.'~;~:r~l~I'''-' 11" "''-J'I~- ,"" ~~~~~~~')~::J:\iJ:~.l, '11::'::::' "'I;;~:\:\: ,""l. .1'. \:\'~I\'Jt\:~,~. :;1.. ~;;:'!::'~~'~"Ii,,_ '.:;-d',lll____~~..:;_~~~~~~ 1. eNGINeERING PrDjKt Ens. - ChlM'lln PmjBCI. Engr. .CClnIrad E1ecofQlVlllStlllmenl8tlan SCADAlPLC: Drafting Pun:ha&ing 500 Sub-corl' 60.0 IIlr 80,0 /IIr 60,0 Ihr 110.0 IIlr 50.0 IIlr 300.0 Clay l.BOO 2. SURVEYING Su CrllW 1 c:rtIW CRW 1sa 4 hRi IIF'I $ S, S 2eo.O Ihr 50.0 Ihr 500.0 s s s 1,000 Speda' EqulpJPlal&IAJlgnman!& Sub.tabll r.~~11I 11'I,ld,)I".,-;;f__\ '/ '!: ~ PI':"1~;"'.~0~~f;tr;1 ::";\":'I!,!:~~:l':'II',~'ir:;-':~):,i~II';i\f 1"I)]I:fj~l-:qs'iCiIr;i'~~~1 ~I..,......... .. I,_J.;:.:.__.., ... j '. ",/(. _'-..;:.....11.11. cJ.;Jl '" ........'..____,...", L-........r.:......_...., 1,(,1.(', j:iJ,'W!~;!)~J.'~J,:J ~~LJ~~ SOD 3. INSPECnoN PiplllVaIV8s1Fatl1ica1Bd Ihrm& Can.rirvcrlan NOII4eSlnICllve Tesling 2 II 2 man-da man-dByB days S 5 S 300.0 Id#lf 400.0 Ids, 1,000.0 Id#lf s s s 2,400 2.000 SubolDtltl 4, RNI: LABOR & EXPENSES Agent Dacumenls Tra\IeI & SuDsisI8nce i~G; >~!J~~l:,:i :(~)~ (':', ~:I '1.~\/:~; ill;I,1 J~?i~~-L.:: ~ir ,~~~ e~:::/l~ij,~ /.~:J t~~\'j\::': j~~~, '>:~,~::: ~ J;01:;0);'~il~~':\,~::'~~ till~ SulHotal 2 days s 350,0 /day 70D SulHoraJ 5.RIW: 1lA1ERW..& PERMITS ROW & Damages PlIrmilll & EitlIiIanrnerlla' ',PIPE & MATERIALS 11",,-28" WT SBiIItIlR& 14 Mils FBI: CoaliJlg Canae18 Pawof'-c:I8ftl) Casl.,; " Malerfal& Ma/I1l/ne MOVS lllIitamllfl!lr FBCiIiIy \lBlIIU ChBlc Valvel MIst 1iItinO. 8. PIpIng PlCIOmni/CammunlC8llons S I 2.087 $ II, 2D8 , S . ',000.0 ea s Bil ea s ell aa $ ell ell , llII 8S I " I IlOO,Q IllI S 1,DOD 011 BS I Page 1 LGT . 8/2412000 Ditch at Avenue P PropleneJds 08/25/00 10:34 FAX vv,.~'uv LU..u raa .O/~/qJ e- CHEVRO~ SL e 14I 004 I4J 005 I&E ShrWc Sleeves. odes Freig~ and Talll0%(OCS) lat 6aa 2ea $ $ Be 35.0 ilia 250.0 ea $ $ 210 :5 500 S 330 :5 40,000 S $ $ $ l: 35,000 S S $ 2,500 $ Sub-tDlBI ~:2~:?i[~~'~~'-;i;:~J,:~{~::::~~':.':::::::::?;~i'~~ ~~~;~ [~:\;~;~f~;8::~:;:!J~;;:1:;;:i.~:;::~~~ I~~~:zmm:~2B 7. INSTAllATION Turn Key bid Pipe Lay PIL Cl'osslngs Va!IIe5,elc PLC Tie insll & E DeCllTlmls5lonlCornm\saign Inslall Oenai1Dme!l!r Painllng Hydrotest New P/L Shop FabricaHon 1 ea 1 bid. ! MIles 1ft. lot ~ day, crew days 1 Ell days S aew dayB crew days 1ea ea $ Il.. OTHER ravel & Subsistanca M1sc. (SafelY Prcgram, OIlS. Maua!. Qlc.) ~. G & A (5.7%) Sub-totll (W/O ContingonCYI $ 100,135 10. CONTINGENCY Base BBae A. Engr., Drafting& Inspection B. Materials C. COnstruction I D. Surveying, PBnnitting & ROW G. G & A, .Other & ConUngency I SIMIle SlTn-Mlle SIft $ 2.862,423 S 432,064 $ 542 Cost estimate CanL , G&A & ~r. . Insp " Other ~ng 13% 8% Materials 4% TOTAL The Blue values ae'e inplIt values, but the Black values aI-a calculatBd and should not be cha~ggd. ConsauCllon 71% Ditch at Avenue P Proplene.xls Page 2 LGT. B/24/2000 c: Cl< ....0 NOO ......... ....'" CUI C...... o o I- " ..I-' NO UOO c.o 'TUI ~"%j N~ (;I ~ " '" Co , I I I 1- " ., Exfstlng Ditch Line \ Proposed Ditch Line , , \ I , \ " ~ e g .. lil C ~ lJ t e 1. Pipenne minimum 51 from Bottom of Ditch per your drawing. 2. Pipeline fill to be 95% compaction at least 2' above pipeline. . IUI - 9 Proposed Location Chevron Pipe Line Chevron Pipe Line Relocation ~ co co UI Plan e e City of La Porte Established 1892 August25,2000 Mr. R. E. Christy, 1/1 Chevron Pipe Line Company 2811 Hayes Road Houston, Texas 77082 RE: ,Drainage Improvements (F-101) 8" Chevron Pipeline Lowering Regarding letter dated August 24, 2000 Dear Mr. Christy: After talking with you and Gene Rushing with the Harris County Flood Control District (HCFCD), the City understands the urgency in initiating the pipeline relocation process. Knowing that HCFCD is at least a few weeks away from executing an agreement with Chevron to relocate the pipeline, the City is considering an agreement directly with Chevron to have the pipeline relocated. This item will be discussed at the City Council meeting on Monday, August 28,2000, with a positive recommendation by staff. The City is hereby requesting that Chevron include the channel crossing section as part of the ."blow down" process in preparing for the pipeline relocation. This request is made anticipating favorable Council consideration of an agreement with Chevron. City Council's decision on this matter will be relayed to you early Tuesday,August29,2000. We feel this creates a positive situation for all parties involved. If you should have any questions, please feel frE;!e to contact me at 281-471-5020. Sincerely, G(~ \.V<~ Robert T. Herrera. City Manager Cc: Gary Green, HCFCq P,Q, Box 1115 0 La Porte, Texas 77572-1115 · (281) 471-5020 e - F1 01-00-00 WATERSHED .......... I I I ~I..!. I I 1,/ ~ ~ \ I ----1 EEfHHffi - - S,/-f. 2 - - ' '25 - - ,,-- 1--1 iEffiE N,T,$, - - - 1--1 - I- i----< - - .-.., - - J V I I I II I - ~- ~ 1 I I II - - .... ..... - - ~EffiE - PORTION UNDER CURRENT " !-- - - !-- INTERLOCAL AGREEMENT V / 1-- j"l I f-- ~ !-- I '1 ClIITM . IlIUt / /' II I . L L ~ u ~ ~ ~ L....- /i . . -...... ., "\ --;/' III 11111111 II- " CAS' ......... ... I II11 I II1I I If-: III II 1111 IIf-i ....., 1.- -.vi . " i ~'- 1IIIIIII1 11111- I ~1I111 I ...,~.!J..I_ I II- i - b - ~ - n n n PROPOSED PIPELINE RELOCA TIONS ...... L lIal - - L H - - I-- -- f--- f--- ~ ~ ..' e e City of La Porte .1998 General Obligations Bond Fund (040) Summary Working Capital 9/30/99 2,090,835 Plus Estimated 99-00 Revenues 108,029 Less Transfer to General Fund (Land Acquisition Reimbursement) 322,621 Less Estimated 99-00 Expenditures and Commitments Land Acquisition Pipeline Relocation 235,500 108,400 343,900' Equals Estimated Working. Capital 9/30/00 1,532,343 Plus 00-01 Revenues: Interest Income Total Revenues 105,000 105,000 Equals Total Resources 1,637,343 Less 00-01 Expenses: Project Costs Contingency Total Expenses 1,537,343 100,000 1,637,343 Equals Estimated Working Capital 9/30/01. o .. e e Series 1998 General Obligation Bonds Fund . F101 Watershed Channel Improvements F216 South Broadway/Arizona St Right-of-Way F216 Watershed Study Recommendations Project Costs 112,343 175,000 1,250,000 1,537,343 .,. e e F101 WATERSHED CHANNEL IMPROVEMENTS The current Interlocal Agreement with Harris County -Flood Control District includes channel improvements from Sens Road west approximately 1900 ft., then, north to North lip" Street and a' culvert crossing North uP". Since the channel right-of-way south to North ilL" Street will be acquired, staff is recommending design and construction of that channel and the culvert crossing of North ilL". Note: the estimated project cost is $200,000. The City proposes to negotiate with Harris County Flood Control District for additional funds. We would request an amount equal to the 'cost of the Chevron pipeline relocation previously funded by the City. Proposed Budget $112,343 'e e -;: ,. e e A REQIST FOR CITY COUNCIL AGENDA 111 Agenda Date Requested: Requested By: Report Exhibits: Attachments Auaust 28. 2000 Susan Kellev Resolution Department: Ordinance Purchasina SUMMARY & RECOMMENDATION At the May 9, 2000, City Council meeting, staff presented the EZ Marquee electronic message sign as a workshop item. After the presentation and discussion, Council was very receptive to the EZ Marquee but determined this topic should be discussed further. Council wanted the opportunity to discuss purchase of additional electronic signs and to evaluate sites other than the location initially recommended by staff. Council determined that the first electronic sign should be installed at City Hall. Underwood near the Spencer Highway intersection was recommended as the location for the second electronic sign, which will be presented to Council for approval at a later date. The EZ Marquee, Model #EZ4076, meets all City requirements and is conducive to our needs. The 8' x 7-1/3' sign will include the words "la Porten plus the City's logo in the top three-foot (3') section, allowing adequate space of approximately five feet (5') for wording. Staff has made two (2) site visits to Spectrum Corporation, the sole distributor for this type sign (located in Houston), and viewed the flexibility and simplicity of programming messages by computer software. The cost for this electronic sign, including installation, software, training, and two (2) year warranty is $25,845.00. In addition to electronic sign costs, staff estimates a minimum of $3,000.00 for phone cable connection for the modem, for electrical connection, and for basic site preparation. Staff will need to stake the exact location of the proposed sign and contact Public Works and utility companies to check for underground lines. City staff will prepare written guidelines for the marquee's usage. At this time, staff requests approval to expend budgeted funds for purchase and installation of one (1) electronic sign at City Hall for public service announcements. During the FY 1999-2000 budget process, Council approved a budget of $30,000.00 in the Hotel/Motel Capital Improvements Project Account #037-9892-823-1100 for this project. Action Required by Council: Authorize purchase of EZ Marquee, Model #EZ4076 from Spectrum Corporation as sole source, in the amount of $25,845. Availability of Funds: General Fund Capital Improvement XX Other Hotel/Motel Water/Wastewater General Revenue Sharing Account Number: 037-9892-823-1100 Funds Available: XX Yes No Approved for City Council Aaenda Q~ "L-~ Robert T. Herrera, City Manager cc. 1. '1." () 0 Date e e SIGN SPECIFICA TONS I. EZ - MARQUEE ~ Electronic - Easy to Program Remotely through Computer Software ~ Low Maintenance ~ 1 Year Warranty ~ Sole Source - No Competitive Bids ~ Large - Easily Seen Day or Night ~ Incorporates City Logo ~ Double Sided -Independent Messages ~ 8' x 7-1/3', Including 3' Area for Logo ~ Up to 5 Lines of 7" Letters - Viewing Distance of 350' ~ Estimated Life w/Minimum Maintenance 12 - 20 years ~ Flexibility of Messages Stores 360 Messages in 1 Calendar Year May Program 125 Messages in 1 Calendar Year May Change up to 48 Times per Day - Every 30 Minutes e e REQUIREMENTS SIGN REQUIREMENTS > Modem/Phone Line > Electrical - 120Volt AC, 60 Hz 30 amp > Utility Verification > 8' x 7-1/3' Sign, Including 3' Area for Logo > Up to 5 Lines of 7" Letters - Viewing Distance of 350' > Delivery of Sign - 6 to 8 Weeks > Install Software on Computer > Training - 1 Day . , > Installed, Trained and Tested by July 24th (if awarded by council5i9/(0) CITY REQUIREMENTS > > > > > ~ > 50' from Existing Signs 18' Tall- Maximum 300 sq. ft. Maximum No Part May Encroach Right of Way 100 mph Wind Engineered Single, Steel Pole Installation Vandal Resistant . ." "'1". . ~- :. -~...--:z.lL --:-r"a",. -~:f~ ~ .,. . - ...-- ~-~.t.~!:,,-::.:'"-::-...,...,-,- -:~.----.~'- ~:...iT' ,-",/:;. :-1 . i ~~, \. ,.. ~~~- .' , ..,;,- ~~~ .l ',-'. 1-f/"1'(. 1 ( . ~ l~: ~I ~. t<UI"' '-UI'Ct" e I'IU.~~ t".~ DATE: April!', 2000 TO: Susan Kelly Cty of ~ Porte RE: EZ Marquees Dear Ms. Kelly: Please accept'thls letter as authorization that S~m Corporation is the exclusive provider of tOe EZ Electronic Marquees. Also, as the sole st.Jppner of these marquees, we are the only source' that can offer factory guaranteed parts and service for thIs product. Should you have any question~ regarding this matter, please do not hesitate to contact us. Sincerely, ~~'~1 sa L. Kenn ASst. to the President Ll.K\SO/esoura! 10fU8 Easthaven Blvd. · Houston, TX 77075 · 713..944-6280 · Fax 713-944-1290 .800..392-6050 f-mall: info@speDorp.com · Website: hnp://Www.specorp.lJom e e -QUOT A TI,ON- Aprfi 27, 2000 TO: Susan Kelley City oi La Porte RE: DOUBLE-FACED EZ MARQUEE FOR nm aTY OF LA PORTE . , We wouki like to offer 01U price quotation as follows: ONE - Double-Faced Spectrum Mod.el EZ4076 Outdoor Electrcmic Marquee with S6n Name Panel The Spectrum ~ Marquee Mod.el4l1l6 is . 7'5" X 8' ~ light ~ve Automa~ Reader Board. in Black &: White. The Name Panel is a 3' X 8' Ugh12d Name Sign finished in two colors With stylized 1ette.i~lIg and artwork. Includes IBM Compati,ble ~ftware , Package for EZ Marquee Di5play (requires IB~ PC , or Cone) and-Telephone Modem. ONE - Tube Support Strw:tare set:in concrete fo~. Delivery, InStallation, and Hookup. Does not include, running of the cable, electrical power work, conduit work, 'or. Permits (if, any lU'e required). Does mc1ude del:tvery, assembly, e:reci:ion, 2U\d we,ld:i:ng of the ~uee to tuDe support stNctLu'e. .AJao includes final connection of the electr.i.c:al power and training. $22,995 1,200 1.650 TOTAL DBLlVliRED &: INSTALLED $ 25,845' We appreciate this opportunity to serveyou and. we look forward to working with you soon. Sincerely, alNv&a.b~ It' B. Bishop ~ President ]BB\11k\ct,7lapor . 10048 Ea,thaven Blvd. · Houston, TX 71fJ76 (I 713-944-6200 · Fax 713-944-1290 .800-392-5115D E-mail: info@Spet:orp.com · Website: htlp://www.spet;orp.com ':J....J ~e.t'\LI .-I\rJ^"" I_I~I~~...J~ I_ILI"'~.T" ~a~",=,. J~.~J..I e e , B REQUEST" CITY COUNCIL AGENDA ITE. Agenda Date Requested: Au : Public Works xx: Report _ Resol tion _ Ordinance Exhibits: Bid Recap - Sealed Bids #0810 - Street Materials SUMMARY& RECOMMENDATION Advertised, sealed bids #0810 for Street Materials were opened and read on August 7, 2000. Bid requests were mailed to eleven (11) vendors with three (3) returning bids. Low bid meeting specifications for Item 1 - Cutback Asphalt MC-30 and Item 2 - Liquid Asphalt Cement was submitted by Gulf States Asphalt. Using estimated yearly quantities, the total cost of this contract would be $35,420.00. The low bid meeting specifications on Item 3 - Rubberized Joint Crack Sealer was submitted by Crafco Texas, Inc. The other two vendors submitting bids No Bid this item. Using estimated yearly quantities, the total cost of the contract for this item would be $11,200.00. The low bid meeting specifications on Item 4- SS-IH Emulsion was submitted by Prime Materials & Supply. The other two vendors submitting bids No Bid this item. Using estimated yearly quantities, the total cost of the contract for this item would be $1,525,00. Staff recommends award of bid for Items 1 - Cutback Asphalt MC-30 and 2 - Liquid Asphalt Cement to Gulf States Asphalt, Item 3 - Rubberized Joint Crack Sealer to Crafco Texas, Inc., and Prime Materials & Supply for Item 4 - SS-IH Emulsion. Adequate funds for this purchase are budgeted in the Street Division Operating Budget. Action Required by Council: Award Bids for Items I & 2 to Gulf States Asphalt, Item 3 to Crafco Texas, Inc., and Item 4 to Prime Materials & Supply. Availability of Funds: X General Fund WaterlWastewater _ Capital Improvement Other Account Number: 001-7071-531-4015 Funds Available: X YES NO Annroved for City Council A2enda Robert T. Herrera City Manager Date e e BID TABULATION - STREET MATERIALS #0810 . ! t.; " I 'j;;~t ' , ), ~:':l , "I.' "j" .,..G~~F' ,"STATES ," ; ! :~SPHALT:.' C;RAFCO' . ,:.: Co.;;, .:;: :TEXAS,I~C. PRIME MATERIALS &;. 'SUPPLY- , . . ." in: i .r" , ~ 1- 'I> '. t ;~f.: . :- !~ .~. ,.;QTV,' 'l''';' , . ..,::" j . ",' '('" DESC'RipTlQN, .'.~; . :.,!. ;.' 1. CUT BACK ASPHALT - PICKED UP MC-30 PICKED UP 100 -1,000 GALLONS 5,000 $1.12 NO BID NO BID TOTAL ITEM #1 . $5,600.00 NO BID NO BID 10,000 GAL $0.86 NO BID $0.86 30,000 GAL $0.84 NO BID $0.86 1,000 GAL $0,82 NO,BID - $0.81 1,000 GAL $0.80 NO BID $0.81 $35,420.00 NO BID $36,020.00 2. LIQUID ASPHALT CEMENT A. AC-5 DELIVERED 5,QOO GAL OR MORE B. AC-10 DELIVERED 30,000 GAL OR MORE C. AC-5 PICKED UP LESS THAN 1,500 GAL D. AC-10 ICKED UP LESS THAN 1,500 GAL TOTAL ITEM #2 3. RUBBERIZED JOINT & CRACK SEALER 40,000 LBS NO BID $0.28 NO BID ' DELIVERED - TOTAL ITEM #3 NO BID $11,200.00 NO BID SS-1H EMULSION PICKED UP 2,500 GAL NO BID NO BID $0.61 TOTAL ITEM tI4 NO BID NO BID $1,525.00 I ' ~ . GJt4ti1[)tTOTA,L. ::$41~020~OO": . $n~200;OO $37;545~OO. . . .~. : . .. .. .. ,e 'e BIDDER'S LIST SEALED BID #0810 - STREET MATERIALS CRAFCO TEXAS, INC. 105 TOWER DRIVE SAN ANTONIO, TX 78232 ATTN: WILLIAM FRERICHS SEALANT SYSTEMS P.O. BOX 1135 HOUSTON, TX 1135 ATTN: ERNEST STOKEY GULF STATES ASPHALT 300 CHRISTY PLACE SOUTH HOUSTON, TX 77587 ATIN: CHRISTINA PENA PRIME MATERIALS 600 CENTURY PLAZA DR. #100 HOUSTON, TX 77073 A TIN: BILL O'LEARY SHEPLER EQUIPMENT CO. 9103 EAST ALMEDA HOUSTON, TX 77054 ATTN: MELONIE DE LOS SANTOS SUNBEL T ASPHALT & MATERiAL P.O. BOX 4608 HOUSTON, TX 77210-4608 ATTN: PAT YOUNG LEAGUE CITY PAVING CO. 2514 ANDERS LANE KEMAH, TX 77565 ATTN: HOWARD PHILIPS NORTHWEST PAVING; INC. P.O. BOX 10422 . HOUSTON, TX 77206 ATTN: JERRY MAY BA YSHORE SUN PUBLISH DATES: ' JULY 23, 2000 JULY 30, 2000 NESTEIWRIGHT ASPHALT 704 SHELDON RD SUITE B CHANNELVIEW, TX 77530 A TIN: SUSAN MORSE . HIGHLAND STABILIZE INC P.O. BOX 381 HIGHLANDS, TX 77562 ATIN: DAN MOORE BRIDGES ASPHALT P.O. BOX 461171 GARLAND, T~ 75046 ATIN: GENE BRIDGES CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 e e f/(.~' !!"':.. e jj'W}1.\1"'ia.~"~~~!. IlJ:f,/I'.~~'JI::'~~ l July 30, 2000 ~lEtfEDWIE~. JUL 3 1 2000 City MANAGER" OFFICE 7=/w 1(, The Honorable Norman Malone City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 ~-v'd Dear Mayor Malone: Over the last several years we have experienced a significant increase In traffic on our Texas roadways. Similarly, we have also seen a rise In traffic accidents, which resulted in 3,576 fatalities in 1998. One type of traffic accident that has shown to be highly damaging and is one of the highest causes of traffic fatalities In Texas are accidents resulting from red light running, Disreg9rd of traffic signals cause approximately 260,000 accidents annually in the United States and accounts for 22% of-all motor vehicle crashes, In Texas red light and stop sign running caused 28,019 accidents in 1998, of which 191 of those were fatal. From 1992 to 1998 Texas experienced 663 deaths resulting from red light running, which ranks fourth in the nation. To better understand the number of red light running violations occurring at intersections experiencing heavy traffic in Texas, the City of Richardson conducted a photographic red light enforcement test site at westbound Campbell Road and US75 In January and February of 1999. We found that one vehicle was running a red light every two minutes during peak periods and every five minutes on an average daily basis, Photographic red light enforcement has been a proven technique for over forty years to address traffic signal disregard. Ten states have enabled cities to utilize this type of enforcement and received positive results. Red light -running violations have decreased at intersections with cameras by as much as 60% after one year of operation, Cities have also seen an overail decrease in accidents resulting from red light violations. Based on the staggering amount of damage caused by traffic signal disregard, the effectiveness of photographic red light enforcement and the interest of residents, the Richardson City Council passed a resolution on June 26, 2000 supporting enabling legislation in the 77th Legislature that will allow cities to utilize photographic red light enforcement. We encourage you to join us in this important effort. ~ O. n E~\'IIlI.I:\~iE:\T "00' 1'I:IE!\IIIS P,O, Box 830309 Richardson, TX 75083-0309 972-238-4100 Fax 972-238-4219 ,h~ .,. . e Attached is additional information for your review. We have included an executive summary that provides further details on the red light running problem. as well as information regarding legislative support activities: Also included in your packet is a copy of the resolution passed by the City of Richardson. a description of a photographic red light enforcement system. and related articles of interest. In order to pass this important legislation In the 2001 Session. a statewide effort Is needed. Richardson's City Manager Bill Keffler is in the process of facilitating the formation of a steering committee to support this legislative item In the 2001 session and we would certainly be interested in hearing from you regarding your city's desire to participate. The steering committee would work In concert with a regional red light enforcement campaign organized through the North Texas Police Chiefs Association. Information will also be sent to your city manager regarding a photographic red light enforcement seminar scheduled for Thursday. September 14. 2000. The seminar will be conducted by the Intelligent Transportation Systems Seminars organization and is designed for local government staff members. The seminar will provide an oveNiew of the red light running ,issue nationwide and show how automated enforcement is an effective method to address this problem, It will also be an opportunity to learn about the latest efforts to promote the passage of enabling legislation in the 77th Legislature. We also encourage you to pass a resolution In support of photographic red light enforcement and work with your legislators to educate them on this issue and gain their support. We look forward to working with you throughout the upcoming session in order to give cities the ability to use this effective enforcement technique. If you have any questions or would like additional information. do not hesitate to contact David Morgan. Administrative Assistant In the City Manager's Office. at (972) 744- 4202, Sincerely. cp~ Gary A. Slagel Mayor ENCLOSURES cc: Richardson City Council Bill Keffler. City Manager Robert T. Herrera. City Manager 7'; e e 'to Executive Summary Photographic Red Light Enforcement Legislation Background: In previous legislative sessions. efforts were made to pass enabling legislation that would allow municipalities to utilize photographic red light enforcement, Despite hard work by legislators. cities, citizens and lobbyists, campaigns for photographic red light enforcement were not successful. The City of Richardson and other heavily populated areas in the State continue to see a rise in red light running and an unacceptable number of accidents associated with this dangerous violation. Disregard of traffic signals cause approximately 260,000 accidents annually in the United States and accounts for 22% of all motor vehicle crashes. In Texas red light and stop sign running caused 28,'019 accidents in 1998, of which 191 of those were fatal. From 1992 to 1998 Texas experienced 663 deaths resulting from red light running, which ranks fourth in the nation, To better understand the red light running epidemic, the City of Richardson established a photographic red light enforcement test site at westbound Campbell Road and US75. Richardson found that one vehicle was running a red light every two minutes during peak periods and every five minutes on an average daily basis. Photographic Red Light Enforcement: Photographic red light enfors;ement has been a proven method for over forty years. Ten states have enabled cities to utilize this type of enforcement and received positive results. (Arizona. California, Colorado. Florida, Maryland. New York. North Carolina. Oregon, Virginia, Washington) Red light running violations have decreased at Intersections with cameras by as much as 60% after one year, Cities have also seen a significant decrease in accidents resulting from red light violations. The City of Oxnard, California experienced a 22% decrease citywide in accidents resulting from traffic signal disregard after one year of using photographic red light enforcement with a 40% decrease at intersections with cameras. The photographic red light enforcement system uses sensors to determine when a vehicle enters the intersection along with sensors that interface with the traffic light to determine if a violation has occurred. The equipment then records the violation in both image and data formats. Each violation generates two photos; one at the beginning of the violation and one as the vehicle leaves the intersection. Data of the location. date, time. speed, amber time and red time are stamped on each photo. A photograph is only taken if the sensor detects a violation and the proposed legislation would require a photograph only be taken of the rear of the vehicle in order to identify the license plate. After the photographs and recorded data are reviewed by a trained police officer, a citation would be sent to the owner of the vehicle, Response to Opposition: In the 1999 Legislative Session some legislators expressed concerns about photographic red light enforcement. Below are the concerns express as well as rebuttals. t. ~. e e ,.....~ ..( . . Invasion of privacy - The proposed legislation would only take a photograph of the rear of the vehicle and would not Identify the driver or passengers, Photographs would only be taken of violators operating vehicles on public streets. The American Civil liberties Union (ACLU) is not opposed to cameras being used to enforcement traffic violations. Finally, the life saving benefits of this enforcement technique outweighs the privacy of a red light violator. Photograohic red light enforcement will be used where it is unwarranted - The proposed legislation will place population requirements, so that photographic enforcement can only be used in cities with high traffic volumes. The cameras will be used for sUNeillance .. A photographic red light enforcement system cannot be manipulated to be used for sUNeillance are similar purposes, A photograph is only taken after sensors detect a violator. This is a moneymaker for municipalities - The proposed legislation will set the fine at a level so that photographic red light enforcement Is revenue neutral to cities, The legislation will also stipulate that any excess revenue generated from this enforcement technique must be used in an appropriate manner. Bill Structure: In order to increase the chances of passage, photographic red light enforcement I~gislatlon will address concerns expressed by legislators 'and others. We propose future legislation: . . Require the photograph of the violator be taken of the rear of the vehicle in order maximize the privacy of the driver. The citation would then be a civil offense (similar to a parking ticket), . Place population' requirements In order to ensure photographic red light enforcement Is only used in areas with high traffic volumes. . Require City Councils approve this enforcement technique before it can be implemented in a municipality. . Ensure any excess revenue from photographic red light enforcement is used in a proper manner. Recommended Action: For numerous years traffic signal disregard has been a significant problem in the United States and specifically Texas, Ten states have given cities the ability to used photographic red light enforcement to address this issue, and proven that this enforcement technique is effective. It is important the Texas Legislature pass enabling legislation that will give municipalities the authority to utilize photographic red light enforcement, and we encourage cities and other entities to join in this effort. Please discuss this important matter with your local legislators and gain their support for this needed enforcement technique. :t .. .; .. e e .., I . RESOLUTION NO. 00-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHARDSON, TEXAS, SUPPORTING THE PASSAGE OF ENABLING LEGISLATION FOR PHOTOGRAPmC RED LIGHT ENFORCEMENT IN THE 77TH TEXAS LEGIS LA TURE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the disregard of traffic signals cause 260,000 accidents annually in the United States which accounts for twenty-two percent (22%) of all motor vehicle crashes, making it the largest single accident cause; and WHEREAS, the disregard of traffic signals or stop signs accounted for 28,019 accidents in Texas in 1998, of which 191 involve fatalities; and WHEREAS, the City of Richardson conducted a photographic traffic signal enforcement test site during January and February of 1999, and found that one red light violation occurred every two minutes during peak traffic periods and a violation occurred, on a daily average, every five minutes; and WHEREAS, photographic traffic signal enforcement techniques have been used worldwide for over forty years; and WHEREAS, currently in the United States only ten states have laws that permit photographic enforcement and the statistics from these states show that the' number of red light accidents a~d fatalities have been significantly reduced since these laws were enacted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHARDSON, TEXAS: SECTION 1. That the City Council recognizes that a traffic signal violation epidemic exists in the state of Texas; and recognizes that photographic traffic signal enforcement is a proven and effecti ve method to address this problem. SECTION 2. That the City Council hereby supports the passage of enabling legislation for photographic traffic s.gnal enforcement in the' 77th Texas Legislature and encourages other local and State government officials to support this important issue. SECTION 3. That this resolution shall become effective immediately from and after its passage. Page 1 34384 ., rI! e e -; . DULY RESOLVED AND ADOPTED by the City Council of the City of Richardson, Texas, on this the 26th day of June , 2000. ST: ~G~ CITY SECRETARY APPROVED AS TO FORM: C?Au ~ ~ CITY A TIORNEY Page 2 34384 e e Automated Enforcement Test Program City of Richardson, Texas June 2000 Background · The City of Richardson, Texas conducted a test in January and February of 1999 to see if photographic traffic monitoring of signalized intersections is a viable means of helping to reduce the epidemic of traffic signal disregard. · Automated Enforcement Cameras currently in use in San Francisco and Beverly Hills have experienced 42% and 58% decreases in red- light violations respectively. Oxnard, California has reported a "spillover" effect and red light running accidents were reduced by 22% citywide after one year. Equipment · Equipment manufactured by TRUVELO manufacturers of Madrid, South Africa was loaned to the City for the purpose of this test. · Equipment used sensors that determine when a vehicle enters the intersection along with sensors that interface with the traffic light to determine if a violation has occurred. The equipment then records the violation in both image and data formats. Each violation generates two photos; one at the beginning of the violation and one as the vehicle leaves the intersection. Data of location, date, time, speed, amber time and red time are stamped on each photo. Test Site . Test site was located at Campbell Rd. east ofUS75. · Only the three westbound lanes were photographed due to limitations of the camera lens and road sensors. · These lanes carry an average of 16,200 vehicles daily. · For six months prior to this test almost weekly police enforcement occurred at this location, resulting in a dramatic rise in red light citations. Since May 1997, over 10,000 citations have been issued for running red lights citywide. . e Richardson Traffic Data . In Richardson, approximately 4,200,000 vehicles travel through signalized intersections on an average weekday. Both directions of Campbell Rd. have an average daily traffic volume of 40,000 vehicles. . In 1993, 26% of accidents at signalized intersections were attributable to vehicles running red lights. This total increased to 33% in 1998 . and decreased to 31 % in 1999. . In 1998/99, the cost to the community of accidents at signalized intersections equated to $22,949,000, 45% of which ($10,256,000) is attributed to intersection accidents where disregard of signal was a cause factor. Summary of Test Data . In peak time periods, an average of one violation every two minutes was photographed. . One violation every five minutes was photographed on a daily average. . Highest number of violators photographed in one red cycle was six. . Latest violator entering the intersection after the red began did so nine seconds after the light changed. . Highest speed of a red light violator was recorded at 56 miles per hour. . Up to 1.9% of the westbound traffic monitored violated the red light. . The attached page shows a typical violation in Richardson. ' 1 " . -::Jij-1 .,1It"i ~ ....J ~-I I -4 ~ ....] . .....C- e " 'I. --- .. ... ,., ---. u , I - po ..... .... ..... ... "'1;"/'+ ~.. , ,. '\, ~~~. ".. fI:.. -"~-- , ". ....,. ~,:;:,-:.:;:!:~t.~.; .. :...... ..~ \' .,.. . ,1- - -~ w --~r~'I ~ . - "- " ....-.... ~ ;;;; to, ~ r r .. ~~ -- ... ..... .<....'..p.... . }C,'L., ~ . :~-~~, .: ,~,,~ ,..~. :"'? .... %' ': wl, J d ~ , II {,I) = Q .- ~ = - Q .- > = M N . tt) N .. - . ~ "'"'"' I ~ e .- ~ ~ = .- = = .- ~ ~ = ~ I 4" e ~ ~~_1_ ~ ~ t4JII J \ , .. ~ F~,~~~ , __. 1 lI.i,~.." 'l~e - - ----- = .~~.' ..~ -- -..-.--- .- --.. - ;;'Wj;;.....:-"'--....~~;~~:0i,b;;~~d,;;iL~itf~i~~~~..... · · '~~:;:::"'- - " - - --=:'"".'''x''~-i~\W,,\\'l'::';....~~ M II f:I.) = Q .- ~ = - Q .- > j t'-- . ~ M , . ~ tf') .. ~ ~ I ~ e .- E- t)I) = .- = = .- t)I) ~ == " J. , , I - -- ~- I .~~ .4 ~ ~, ---...----.-- ~~ ~~~ ~..-;""! 4 e ~ -L.A .~" J. \ - -- ,---- -.... L, ~ Jl~r-....."":- W' ...::... r----,......,- ,-~ . t ... io :J'-' \-= =--- -- - ~-- _. --~ - I - ...~. '( . ''$ :J1.,. " I _ ~ 41 l&! . ~ -~-=-! -. \t___-.I " - ~ . '\ tf") II fI'} = o .- ~ = - o .- > = . M II) . II) tf") .. ,...c ,...c I ~ e .- E- el) = .- = = .- ~ ~ == -7 ~-,e -, .J~ .":il ~ I \[ ~'i~ _~ t~;j,- .~, r-- \ ~ ~ :-.... .< · 11...."""".. " I~(.... - -- J -.:- ~.... '.' ~ " _0..- --, . .- 7' f . ~- - . ~ =" ,'"' ~- ~- - ~..~ M II fI} = e .- ~ = - e .- > 0C2 ...-4 M . r--- f'f') .. ...-4 ...-4 I ~ e .- E-c ~ = .- = = .- ~ ~ = . ,. e Red Light Runners Dallas should get serious with these offenders " It should come as no great surprise that Dallas is now the sixth-worst city in the nation for . traffic deaths caused by motorists running red lights. " Drivers in this town have a well-deserved reputa- tion for speeding. And when cars are hurtling along at. 15 miles per hour or more beyond posted speed limits, ~t isn't easy to br~e in. time for a traffic light. Red ,light runners in Dallas caused 73 traffic deaths between 1992 and 1998. The seven deaths per 100,000 people more than doubled the rate of red light running traffic fatalities in Texas during the s~me period. . The Dallas Police Department already has joined other area law enforcement agencies in a coordinat- ed effort to reduce the number of red light runners. Zero tolerance programs have been announced: . But until motorists who ignore traffic signals tru- Iy.believe they will get caught, there is only limited hope the statistics will improve. That is why Dallas should place its, support be- hind the camera surveillance programs used so suc- c~ssfuIly in othe~)~ities. State Rep. Joe Driver, R- Garland, intends 'fo introduce legislation next year that will allow cameras to be installed at intersec- . tions to catch red light runners. Under Mr. Driver's bill, only motorists who run the traffic. signals would be videotaped. Those who obey the law would not have to worry. Although ,it would cost about $60,000 per inter- section to install the cameras, there are ways that Dallas can make the program work without breitk-_ ing its public safety budget. Some cities have had great success with install- ing dummy cameras at some intersections. Drivers who tend to run red lights will have no way of - knowing which cameras are working and which aren't. . Significantly stiffer fines for those who endanger lives by ignoring traffic lights also can be an effec- tive deterrent. And the money collected could go to- ward paying for the cameras. Now that Dallas residents have been told by ~e Insurance Institute of Highway Safety just how seri- ous'the problem is here, they should be willing to support spending that will make streets safer. . !)' This is not about road rage or rude;: drivers. This " is about endangering lives,. And it hano ~top. i? ~ Continu~ ~l; page_~d_ .'~ .'-. ~,. DMN - '?lit/AD Texans losing . . race. agaInst traffic signals Red--light fatality rate in Dallas ranks as sixth--worst in nation .. , ~ By Tonv' Ha~~i . TrtWpoltation Writer of The-Dallas Morning News . ...... .. - --" . . " . -. . ~ RED-LIGHT RUNNERS Dallas ranks sixth-worst in the Da- tiOD in terms of deaths caused by red- light runners, a new natioDal study has found. The report, released Thursday by the Insurance Institute for Highway Safety, also found that wide-open Tex- as .ranks fourth-worst, behind Arizo- na, Nevada and Michigan. "We Deed to bring atteDtion to the problem," said B~an O'Neill, presi- deDt of the institute, a Donprofit re- search OrganizatiOD funded by auto in- surers. The organization surveyed cities with more than 200,000 people and found that Dallas recorded 73 deaths because of red-light runners betweeD 1992 and 1998,' for a rate of seveD deaths per 100,000 people. In Texas, the report said, 663 people died during the same time span for a rate of 3.5 deaths per 100,000 people. ''1be Dumbers doD't surprise me," said state Rep. Joe Driver, R-Garland, who sponsored an unsuccessful bill in, . . the last legislative session that 'Would' . . ~ " have allowed enforcemeDt cameras at red-light 11II1l1in8' in Dallas County, intersections. ''More and more people according to the lIYury Prevention . are getting in touch with me on this is- Center of Greater Dallas. , . sue." In May, more than two dozen local The study. found that nationwide, police departments announced the J;D.o~ than 800 people die and another creation of the CapJpaign to Reduce 200,000 are injured annually in crash- AccideDts OD our Streets and High- es involving red-light runners. More ways, or CRASH. The pro~ in- than .half of the deaths were pedesbi- c~udes zero-tolerance enfOrcemeDt at ans and people in vehicles hit by red- intersections and public education. light nmners. . . ' Police departments in Dallas, Pla- The problem has reached a crisis no, Richardson, Farmers Branch and point in North Te~, police say. In 1998, 31 people died as a resUlt of Please see RUNNING.oD Page 39A. The Insurance Institute for High- way Safety surveyed cities with more than 200,000 people and found that Dallas recorded 73 deaths because of red-light run- ners between 1992 and 1998, for a rate of seven deaths per . 100,000 people. Rate per CUr Deaths 100,000 PhOenix :.;", ::.;.:, ; 122 ' . 'I' iO.8 Memphls:Te"ii:' .. 49 '... 8.0 M.~,''Mi:,j{~>i';: ~6, ',' ',..'::;),.8 Tucson, Ariz. 34 7.6 ~~~lil&'f!a~.;:ii~:' ';',:;:~::',_).6 Binningham, Ala. 18 , 7.0 ~,iIai.\t~ ~~i~:;jr '~:i3 ~,~.'.~ .C)~:~tJ.O Albuquerque, N.M. 28 6.8 iQu~,Ij,:~Y!1~:;l!tT_;::;2:6:5 Detroit 65 6.5 - SOURCES: Insurance Institute for Highway Safety. Highway Loss Data Institute; Fatality Anlllysls Reporting System. U.S. Department of Transportation: population data from U.S. Census Bureau. 1997 771e Dallas M01IIing 1[~ ~ ~ ./ l A _ S Richardson News_Morning News :Arlington News_ Garland Newi_ Irving N~s_Plano Star Courier_ Dallas Business Journal_Wall Street Journal~ By(O r I' \ ~unning red lights is i1deadly crisis in Texas ;':.l~, . , ::..,,~ . ~ued from Page 33A. wood streets; Colorado Boulevard 'and :':~~.~ HaDipton Road; and Dallas Parkway ~lington all joined the effort because and Frankford Road. ' ot,the prevalence of red-tight runners Officials said the study on red-light ~1heir cities. running would likely focus more atten- "'- The rate of red-light running is tion on camera enforcement at inter- more acute in some parts of the coon- sections in Texas. ~, including Texas, Mr. O'Neill said. Fatal crashes at traffic signals rose ,I- "Many Western states tend to be 18 percent from 1992-98, according to ~~re sprawling," Mr. O'Neill said. the national study. But in 40 communi- ",You have higher travel speeds and ties where cameras help enforce traffic ffi~er approach speeds. The conse- la~, red-light running has dropped quences of these crashes tend to be about 40 percent, according to the in- worse." stitute. Red-light running cameras have ,;~ Speed does contribute to red-light helped reduce the number of injwy- ~, said Dallas police traffic divi- causing crashes in Europe and Austra- sion Lt. John Branton. lia, Mr. O'Neill said. . :~r,"People drive too fast to begin Mr. Driver said he expects to again 77reDallasMomirrgNewl with." he said. "It's just harder to stop introduce a bill in the state Legislature vacy, Mr. O'Neill said that concern is when you exceed the speed limit by IS that would allow cameras at intersec- misplaced. , mph." tions. "I think the correct view should be .;:; Red-light runners in Dallas likely Public acceptance of video enforce- to be concerned about the safety of mo- w1l1 see even more police than in the ment is increasing, particularly when torists and pedestrians who are at risk past enforcing the law. people learn that only drivers of v~hi- from these motorists," he said. "We .';:The deparbnent recently received cles that run red lights would have their have a driver behavior problem. The i~, first-ever . federal grant to provide photos taken, he said. purpose of red-light cameras is not to o~ertime pay for police officers to "If you don't break the law, nothing write tickets. It's to deter the behav- monitor 53 of the city's worst locations will happen," Mr. Driver said, noting ior." , (or red-light rimners. that Austin, Corpus Christi, San An- Cameras cost about $60,000 per in~ ~:i "Traffic levels are increasing every tonio and EI Paso also suffer from the tersectioD, but officials in cities that year, so that has some effect," said Ll red-light running trend. "But if people utilize them say they are worth the de- ~r'antoo. "It creates more congestion go mto a city and they know the cam- gree of pub~c safety they can provide. "';;;1 and pCIbaps more impatience - . eras are there, they're Dot going to "The municipality will benefit one ~n8 drivers and more aggressive bother to look around for where they way or another," said David Snyder, c1nving." are. They're just not going to run red mayor of Falls Church, Va., where' ;: .The top Dallas intersections that fights.", ,. caineras will be put up next month. Wil1 be patrolled are. in order: Royal While some haVe ~ .expressed con- Staff writer Krista Larson in a\'d Marsh lanes; Whitehurst Drive and ~ about whether photographing v~ '. Washington contributed to this re- Stallman Street; BIm and North Har- hicle license plates is a violation ofpri- port. ' h~' 0, " $ e . . ardson Citizens Information Services ,,- .f.aW NONSTOPPERS ' The Insurance Institute for High- WiFJ Safety study found that 663 people died In Texas because of red-light runners between 1992 and 1998, for a rate of 3.5 deaths per 100,000 people. State Rate per Deaths 100 000 , , AiiiOna~ i~:~]~'!;"~l!': :;!-3~~i~~~1.'- oR . ,. .....R..~ 1;'..f~S... ,~, ",. . _,;.,if/:.",~~:.-. Nevada 59 3.9 Micliigli~",:,~'7I:~'::,~ :.-'3~]:&??~:il Texas 663 3.5 ~Ia~!iia::'..,,:.~:~;.~'" ~~~~~%i~~ New Mexico 56 3.4 Aoiida' ' ..., :';'~'~: - '43~f~:~:' :.''''~3~1 CalifOrnia' .", o' 956"'- - ... 3.0 Delm.re' , : ~~.:', ~('~:',~~L~::~~~, SOURCES: Insurance Institute for Highway Safety. Highway loss Data Institute; Fatality Analysis Reporting System. U.S. Department of Transportation; population data from U.S. Census Bl.\reau. 1997 ,., . rI"(' I~ \ .ontinnp npyt n!:loP ~ .. '~2.0:l:"':""~_...-::".~-~-"-~-:o:..".."1,t.~~"C.' .;~. ~"'~..1:"'~':.'_-, .:-:..-..::.... ~ . ~.. -.-:"""\ ..~-"" e ~. Citv of Richardson Citizens Information Services - NewsDaper CliDDin2s DateWRichardson News_Morning NeWS~Arlington News~ Garland Ne\y~_ hYing News_PIano Star Courier_ Dallas Business Journal_Wall Street Joum~ By_ ~ :Red ~ght"'p~vacy;, State' Rep:...Fred Hil' has publicly , " stated his opp~sition to- ~e biU '. which woul~ ~ow the license plates of red-light runners ,to' be' pboto- graphed. He has said it wOuld be an invasion of privacy. I would like to tell you about an extreme. invasion of privacy. . . On June IS, we grieved at my fa- ther's funeial. After the serVice' at our churc~, we pro~eeded' toward Restland Cemetery. As the car con- taining my great-aunt and her son and daughter passed through the in- tersection of Renner and Central Ex- pressway, a red-li8ht rwiner invaded our privacy. He crashed into the car, killing ,my great-aunt ,and badly in- juring her daughter. ' , My great-aunt's privacy was in- vaded. She 'was a gracious and tal- ented lady, a musician and Writer, loved by family, friends, neighbors, and her Sunday School class. .Her daughter's privacy was in- vaded. She spent a week in lCU after ~eing CareFlited to Parkland, unable to grieve at her mother's funeral: She faces many mon~ of physical therapy before she can return home to her husband and son. . ' The: privacy of my immediate family was invaded. IDstead, of hav- ing a gentle and sorrow1UI time of' grief for my father sh~ with gath- , ered family and friends, we traveled ,from ~e fun~raI directly to Parkland and dealt with the Ii"e~ sharp grief. of this new loss. ' , Rep. Hilt, our privacy' has been invaded in a temble way..Please re- think your posi~oli on the" phot~ graphing' of license ',plates of red- light runners. Calling drivers to be responsible,for their actions is not an invasion of privacy, but what my family has experienced certainly is. . BARBARA WILSON, Richardson ' t;. .-~ Continued net page_ End) CNN.com - Study: ~ red iiAms 800 annually in U.S. - July~13, ~ Cjjt.k,.H,~J:g CNtcom ~NN Sites ..,...I MAlNPAGE WORLD U.S. WEATHER BUSINESS SPORTS TECHNOLOGY SPACE HEALTH ENTERTAINMENT pOLlncs LAW TRAVEL FOOD ARTS & STYlE BOOKS NATURE IN-DEPTH ANALYSIS ~ myCNN Headline News brief news QUiz daily almanac MULTIMEDIA: video video archive audio multimedia showcase . more services E-MAIL: Subsaibe to one of our news e-maillisls. Enter your address: J. .... DISCUSSION: message boards chat , Palestinian been In exi years ClickJ:!.e.r.e PlilY vide Watch ~M1.~~ l~~~_!~ ~. --~ Is the financial ~ '( >.~ ~, stressing you out? u.s. News myCNN I Video I Audio Il:'Ieadline News Brief I Free E-mail I Feedback . Study: Running red lights kills 800 annually in U.S. July 13. 2000 Web posted at: 6:58 AM EDT (1058 GMn W ASlITNGTON (AP) -- More than 800 people die and some 200,000 people are injured each year in the United States because of lead-footed drivers who press the gas pedal to the floor when a traffic light turns red, an insurance industry study says. The report to be released Thursday by the Insurance Institute for Highway Safety found that between 1992 and 1998, almost 6,000 people died in such crashes,' and more than half of them were pedestrians and occupants of other vehicles hit by red light runners. Another 2,779 deaths occurred in the vehicles running the red lights. During the same period, about 1.5 million people 'were injured. Page I of3 Search I~~~ L.. _...... - U.$. TOP STORI Philadelphia ',th9fp.ygb..sm, police beatin C!i!J.t9.rL~JUI,d Thursday &!brighU~i,-ke at Mideast p Maryland Nearly 28 mi child,ren to b "R d I' h " h' c. f . d" P I AIDS b 201 e Ig t runDlng IS more t an Just a lorm 0 aggressive f1vmg. eop e are ,.,........._.y, ......., dying and getting hurt needlessly because of it," said Ed Rust Jr., chairman of Third body f the institute and chief executive of State Farm Insurance, said in a written 6,!:Q(l,ki1!.n,Q.Yj, statement. ara~'~y, fin,al 'endorse' Go Researchers from the institute studied data from the Transportation ......--,-.... Department and found that fatal crashes at traffic signals increased 18 percent (ryI0~,f;) from 1992 and 1998, more than three times the rate of increase for all other CNtcam. fatal crashes during that time. TOP STORI In each state, the researchers examined the rate of red light running deaths per 100,000 residents and detennined that the states with the highest death rate were Arizona, with a rate of7.1 deaths; Nevada with 3.9; Michigan with 3.7; Texas with 3.5; and Alabama with 3.4. Among cities, the rate was highest in Phoenix, with 10.8 deaths per 100,000 people, followed by Memphis, Tennessee, with a rate of 8.0; Mesa, Arizona, with a rate of 7.8 deaths; Tucson, Arizona, and St. Petersburg, Florida, both with a rate of 7.6 deaths. Philadelphia 'l@rough lI. p'oli~ ~~li WorldCom $129 billion NeQ!!x..28 II'! !;!J.i\d~" t\>. b AlPS by 20 Former Star faces conte In releasing the data, the institute endorsed the use of red light cameras, which photograph vehicles running red lights and ticket violators by mail. Such programs, used in about 40 U.S. communities, reduce red light running BUSINESS (MORE) CiiPC http://www.cnn.com/2000/US/07111/rp.tUioht nlnninn <In/;...A,,,,, 1-.+.....1 ~'..""'n^ CNN.com - Study: Running red lig~il1s 800 annually in U.S. - July)"3, ~ feedback CNN WEB SITES: "'-11_:- ~........ GIIjiI... AsiaNow Spanish Portuauese Italian Swedish NOlWealan Danish JaDanese FASTER ACCESS: euroDe TIME INC. SITES: I.Q~,.!,~,.::: , ,II CNN NETWORKS: CIfI CNlIN1EIItMIDW. CNl/.bI:A~ CIfIIMDIO more networks CNN anchors transcriDts Turner distribution SITE INFO: helD contents search ad info iobs WEB SERVICES: by about 40 percent, according to the institute. However, privacy advocates, including the American Civil Liberties Union, have expressed concerns about how the cameras are used. "We haven't opposed cameras for the specific use enforcing traffic violations," said Barry Steinhardt, associate director of the American Civil Liberties Union. "We are concerned about mission creep, that these cameras will be used for other purposes, and it's classically true that surveillance techniques created for' one purpose are rarely restricted to that purpose." On the Net: Insurance Institute for Highway Safety: http://www.highwaysafety.org Copyright 2000 The ~s.sp'gat.e..r;!.,P'[~s.. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. RELATED STORIES: For more US news, myCNN,com will bring you news from the areas and subjects you select. RELATED SITES: $e.~ feJ~~c;!d sitfJ~, ~I;>Ql,I.t L!~ Note: Pages will open in a new browser window , External sites am not endorsed by CNN Interactive, Search I.C~~,:C~~ . ,...,. .11 I. - http://www.cnn.com/2000/US/07 /13/redl if!ht. nmnino .~n/inrlp.y htm I Page 20f3 Wall St. 10Q GE ~8ts,2 J,P, Morgan (NlO.R.E) MARKETS P..J.!A + 5 NAS +1 ~&P + 1 L....,.....--1 I ... SPORTS YankQes ae Reds in $.i!(- ~ent: McGr with Magic a EQrmer Oiler over Ranger (MORE) + All Score WEATHER Enter your L--,____JI Click here f world cities WORLD EijiJl!..b.@/~ _~ political host POLITICS Former Star COf.l~p-tm.. LAW Cig!;l.~ue m future ~ts.~a TECHNOL '7/1., Inn 4r~/l> l) City of Richardson Citizens Information Services',- Newsoaper Clippin2s Da~Richardson NeWS'!-:MOming News_Arlington News_ Garland News_ Irving .~e,!,s~Plano Star Courier_ Dallas ~,usiness Joumal_ Wall Street Joumal~ By_ e ~e -=-- EDITORIAL Intersection cameras would' reduce, accidents The ne~s on Friday that the city had tolled two more traffic, deaths in the previous 24-hour peri~d - the second and third this month - was startling, Traffic fatalities close to home are never merely statistics. We wonder if we know the victim or his family, and picture in our minds exactly where the inci- Mnt occurred. Some, like the tragic accident a few years ago that killed a high school student just before his graduation, are remembered each time we enter that particular intersection. . The Richardson police demonstrate growing concern about the number of traffic incidents that are taking place in Richardson. They are especially con- -- .', scious of accidents caused by drivers ruMing red lights, which was blamed for , oQe of the two fatalities on Thursday, and another on June 6. It is ironic that just a few weeks ago representatives from 2S area police departments, DFW International Airport and UT-Arlington met in Carrollton to launch a red-light-runner crackdown, The campaign, called CRASH, for . Campaign to Reduce Accidents on our Streets and Highways, includes a zero tolerance enforcement effort directed specifically at red-light and other inter- section violations. the city of Richardson has been a leader in this effort, hav. ing already 'boosted enforcement at local intersections. Immediate plans are to concentrate on intersections along Central Expressway, but observant citizens also notice every'day, in" every port of the city that police cars seem to be lying in wait for lawbreakers. Statistics show that accidents caused by red-light running started increasing steadily in Richardson in 1994. By 1997 more than 36 percent of all accidents at'signalized intersections were caused by red-light running, an all-time high that resulted in a detennined effort by the city's traffic department and a crack- down by police, Cainpaigns have resulted in a 79 percent increase in red-light citations since 1997, according to police statistics. Meanwhile, traffic volume has increased, and although the number of acci- dents have increased also, there have been fewer Occurrences in proportion to traffic volume. But in addition to increased red-light. enforcement, police departments plan to again lobby legislators to provide them the tools they need to "stop the bla- ._ :.,tapt disregard of traffic signals," as ~ne officer stated when the CRASH pro- -;gram was launched. ~-,~: ..During the 1999 legislative session, the Richardson Police Department gave - '9, lot !>f attention to a bill that would have pennitted police to install photo- . graphic traffic monitoring systems at intersections to take photos of those who ~ disobey red Iights:;They could then issue cit!ltions to the registered owners ~f the vehicles. How~er, the bill did not pass. '; The bill was -..::: ~nd will be again - very controversial. Proponents see it as ' a deterrent that would influence drivers to be more cautious. But opponents fear the system woul,d be misused, citing privacy issues... the "Big Brother ,Syndrome" ... giving up free.doms. ' '. T~e~ is "~m"'!lSuring stick to figure drivers' willingness to chance a yel- low light or blatantly disregard a red signal. Is the hectic pace of life styles ,today the reason red~Jight niMing is increasing? Or, do better roads and faster cars creat~ more temptation to speed? Is'there a point at which the temptation ebbs? The frequenc)' of fatalities, for instance. Texas. DW1'Iaws'have stiffened: the blood alcohol level determining legal intoxication has been lowered; the Open Container Law has affected the life- time habits of many drivers; speed limits once raised have been lowered again, Photographic monitoring systems are one more tool that the Legislature could give to police to make oUr intersections safer. . ,:.~~> ~;' .' Continued n~t page_ End} e I~- ~:t....=t. Dallas Morning News - January 25, 1999 Red Light "Running Why not crack down wit~ cameraS? " T he stoplights aren't exactly a sur. prise. They've stood at the same downtown location, at the inter. section of the Jefferson Boulevard viaduct and Young Street, for years. Nor do the colors switch randomly. The sig- nals are always in the'same order and they always have the same meaning: Green means go, yellow means caution, red means stop. Yet every morning, drivers rocket through those red lights as if they'd never seen, such traffic control devices before. Change the'street names, and the problem is familiar to every North Texas driver. Because so many' people disregard this bas~c traffic law, police need more tools to protect public safety. . One tool is a bill filed by state Rep. Jerry Madden, R-Richardson. It would allow cities to'install automated cameras at intersections and take photos of vehicles as they run red lights. Local authorities could then issue a $100 civil fine - similar to a parking ticket _ against a vehicle's owner. Rental car agen- cies, and people who have previously reported their cars as stolen, would be exempt. The automated, photo systems seem to work. In a five.year study of cities with more than 200,000 residents, Mesa, Ariz., ranked sec- ond in per capita red light.related traffic fatalities. The city responded with a well- pUblicized. controlled study of automated devices to catch dangerous drivers. During a seven-month period, crashes dropped almost 7 percent at intersections with automated cameras. Wrecks dropped 3.~ percent at intersections without cameras. Equally important, in public opinion surveys of Mesa residents, 80 percent of respondents favored the automated red light cameras. Texans like the idea, too. 8>fhe citizenry is , just really positive about it: said Judy Coppo.' 10, Mr. Madden's legislative aide. , The civil penalties issued under the bill would not show up as ~onvictions on a person's driving record. That's an unavoid- able weakness. States issue civil, rather than criminal, penalties with automated cameras to prevent constitutional challenges to such enforcement. Cities around the country have found that civil fines are an effective deterrent. ' Texas lawmakers should make their con- stituents happy and pass Mr. Madden's bill. . :MEETING HANDOUTS . Date: , A u G,..-, J ~ 1 J--tJOO - Name. ~ X It . 1-"'4,- '1\llvSTON, SETH A~ress: . n 117 &,4Q.~feL-b ,BLvD' City, State, Zip: - f) '_ LA-r8f.{T6 , (X 77 ~I/ "'if "'lf7l . l S- 3 7 Subject on which I wish to speak: SEToN ~tsr- PRt<lCT/(ES AwARb FRoJ;J ~I()v S ( N G-.I U k.e..,vJ 1'5 VEL 0 C-W1€ N r (H U]) J AfljJ;> pRObM",1 ~c;N5F /i,1 NG C, ,Y 'ZIft LA '1>0 ~ TE: , 'lbe Southeast 'nlxu 'HlIl1IiDa iDg dowa paymeat II8SiatImCe pro- FiDm:e CmporadOll (SBTH) Iw JIlIDII, aiding 53 1Int tD= home- been awarded: a DatiODal BllIt buyen with HOMB JI'IIIt tlmd. 'PDCtiCe 201111 AWud by the' U.S. from HCCDD. 'Ibirteeu' of the Depaztmem of HlIlIIiDg IID4 UrbaD. hoJncbui.en purcIwecI DllW hourea . DegeIopuie.at (HtlD) for CIUtIIaDd- in thellOltl=a 1llCIi0ll of the city. iDg cOIDIIIIIIIity lICbievemeutB in the . 'f!uough ill SillgIe Pamfly BODd City of La Porte. , Pmgnua. SB1H aIa9 heIpecI &IIOtIu:r ' AlIJIOlIgh acbiniDg Resolution ,44 homcbuyen pmc!wll homes at a ' Thut' CotporatiOll (RTC) I'llCOpi- below mazbt I1IfIl witbin the La ,doli ill' 1993 . for 8D ambldou. Porte city IfmItlI. ' . ' ltatc;wide aff'ordabIll hOlIIiug efFort ' '''It truly ia a honor' io baVD : that tralllformecI '235 h_, received the 1IWIIId," MUItoD 1IIId. lor' lIIUIOlIIIl:eme of the BllIt" Plactice "I am ~gbted that all of that work ilIlI honor wu the pcm..profit cozpora- wu doDll iigbt lam ill' my ClWD SL liou'. lint DatiOllwlde houor. town. Wll ccinaIn1y '-= without Ip Belt I'ral:dca lBIulllll llKCtII1eIIce for quite a long time. 'La Porte ra8i- .s:. lIIId high achiamaeat lIIId wuIcr- Iy needecl help, llIpecIaIIy the mba- , IIC:GmS SBTH'. iJaIovad,e may of biIitatioa. We ~ h,opiug,to get,a lot pIOgraDII, iDc1udiDg IevcraI nn' more ~ ,It'. vay imporbmt to Olllll ,that are ~lq widely La Porte lIIId,a11 of thc other jurIa- ac:c:Iaimecl. SBTH wu """'m...qded .dictiotll:' Ihe laid. ;e rot lis "'c:ontinuecl commilment to ,MUItDD IBId SETH is looting meeting' chaI1engea ad tIIIdng forward to c:ooperatiDg with thc City advantage of ~t11l1 that "to do IOIIUl more Ie-dcvelopment , brlDg hope ad a cbam:e for a,better on OlD' north iide. 'lbe city Iw way of life" to ill peilpJe.lIllighbpr. hired COIIIlIItanIl to determlnll a r hooda lIIId COIIIIDIIIIitllll. " plan. SETH bas let it be .known that , "It ii a IMmeudoua kudo ad a we will be glad to help cmce'li plan mJeclion of the .......' of a 0IpIIi- iI finalized. · zation that getlI a_ oftbilldDlf FundJD, ezpeadecI far affardabla. :_,.., ..'.'. ""...' becaue thay don't come dowa thc hoUIing ill La Porte wltbin the Put . piPe that oftcn," '.ald D. Gary 18 mOlltha Bmounlecl to $3,7S6,1lS4. J:.cmpkw, cDcutIve dIreetoI: "I 'lbat Included $341,000 ill dowa thInt It IhowI a CllpDization that' paymaut uailltaDce fro.ni HarrIa I. creative lIIId YI8I~IUII)', one 'that Oluuty through the HOMB facelllI cba1Ieaglll and!B wiIIini to Program lIIId $166,000 for rehabI1I- take a r.IU: to develop pmgnutIIthat tatiOll a1ll111 with $3,117,000 lIIId help people."" He IaudCd tbo.dfana $132,1lS4 In dowa paymrmt BllII- of thc SETH Itaff' and board. " lance from SBTH'. ClWD fuacb.' In , .. Pat ~UlIDD of La Porte, a long- addltloD, SETH aIJo pmyIdecI '.I~,~.gf,$lP1l'.J~J~ $3q.,9OQ, ..In 'I z.eh!ib,..~ r,~d 'SB'I'H '...slilllor, P.Janner~, BCllDY $105.000 for: fiat.time IJomel!UYlll' RodriJuaz acceplecl the cry.taI BIIiIbuIce in La Parte. award In WuhiDgton - ODe of only lhree pI'llIeIIfecI' in thc _ of hOUIiDg 10 'nlxu ~ SETH wu IIIIDIiDaIecI far III Homebuyer AullfaDce Prognnu ill La Parte, directly' addreuIng the m:ed for BffoJdable houaiDs, wllhiD ;the HouaIDD HOD ofIico, which c:ovtin 36 coundel. SEI'H, the . HurIa County Community DeYe1- clpmaIt Depctmem (HCCDD), thc city and the La Parte dYic Cub, made IignlfiCllllt c:onIribulilla&. Through a HO~ grant.from the Hania County CommnDity DeveIopmeat Department ~ ,III , IIWD IIIlItChIua fuacb, SETH rehabll- itated a dOzen IIouIes far 1elli0ll ill La Parte, dgm of lhCm In the nonh- em pcIIlion of the city. "We've goItllu a lot of IIIppOJt from the .clty," Rlldriguaz, laid. "Rehabilltadcm doesn't make a real I :U=~I~~~ projllCtll WtlI1l in a 12-bJoct_lIIId that helpecI thll eutire IIllighbor-' , bood. .. . ' In addilioD, SBTH Is admInister- U'L' SEmFetedNatlonally- For,Efforts lli La Porte"' . e, 8:> . ~~ \ Q6 Date: Name: Uw'D wd>b.~ ;J:;;k~ ~~ Address: 2...... ,c:."--' D .dK.)1 t-, rkt~~ r~ City, State, Zip: Ln. -r-- ~ (;).- r;-..ak- I')l. I 7 ~ '7 r Subject on which I wish to speak: LA-P~kSf) Bvl'lD ~.J~lN\ eJ~ "SePrlLR/~Du e e Date: 1)""" ~ Name: ~ ~ ~~ Address: -1't;7>?., ~~ S,,~ ~. City, State, Zip: 4..~ 9~ crVro- GX A <71 ~<<=[ ,. Subject on which I wish to speak: j)A~E ~ ~ttD_ ..../ et Tax Reduction of 2e1: - Proposed Tax rate $1.63 I I ., I Maintenance and Operations Interest and Sinking $1.46 $.17 Proposed Tax Rate I if Bond Isappr d E .c - Maintenance And Operations $1.50 J 1 r - 1 - Interest and Sinking $.15 . . 1 - Effect on Tax Rate if Bond Proposa Passes - -. ~.Io'll:t:..;..' [ Current Tax Rate 1 $1.65 e e .... 2000 Bond Referendum By David Webb, CFO, La Porte ISD The 1996 bond referendum (approved by voters in October 1996) was very different from this proposed bond referendum. The 1996 bond issue was one that involved major renovations of virtually every building, razing and rebuilding of La Porte Elementary and the new construction of De Walt Alternative School, as well as many other much needed facility improvements all around the district. The 2000 bond referendum is a very different deal. Here's how. 1. This referendum is mostly a finance instrument only. Currently, we perfonn a number of facility maintenance functions in our Maintenance Department, every year at every school. We have tniditionally paid for this ongoing maintenance from the Local Maintenance Fund (or General Fund, as we usually call it). This work is financed from our Loca1 Maintenance (or M &. 0) tax rate, currently at the maximum rate of $ 1.50 per $100 of taxable value, Since the State of Texas defines La Pone ISD as a "tax wealthy" district, we are forced by law to give away much of the revenue this $1.50 tax rate provides. Next year, we will give away approximately 40% of every tax doUar raised by the M &. 0 tax rate. Therefore, we have to raise $1.00 for every 60 cents we want to keep. Or, more to the point, we have to raise $1.66 just to keep $1.00. However, the other piece of our tax rate, the I &. S tax rate, is not subject to recapture from the "Robin Hood" plan. The I &. S (Interest &. Sinking) Fund is used to raise tax money to repay debt on authorized and issued bonds, A section of the education code was changed in a recent session of the legislature that allows us to do a significant amount of this major facility maintenance work with bond money, So here is our choice, We can continue to perfonn our routine major maintenance on our facilities from our Local Maintenance Fund at an effective "interest rate" of 40% for next year. Or we can issue bonds to do much of this work and pay the going rate on bonds, currently in the 5% to 6% range. An analogy can be drawn that each individual homeowner can understand. Let's say that you decide you need to repair your foundation, paint your house inside and out, re-roof and rewire your electricity all at the same time. You can pay for it one of two ways. You can pay for it out of your own pocket, which depletes your income or savings for other necessities. We can continue to pay for this work out of our M&.O pocket, but Sooner or later, that money wiU all be gone. The other choice is to finance it. And let's say one bank you want to finance with wams to charge you 40%, just like our Robin Hood plan does. Lastly" let's say another bank wants to charge you only 5% or 6%. Which one do you want to finance with? The'baQk that charges 40% or the one that wants to charge 5% or 6%7 I think this choice is an easy one. For our own ~cial well-being, the District would much rather pay 5% or 6% rather than paying 40% interest on this woltt. We can do that., and easily, but there is just one catch. We have to have the voters of La Porte apprQve itl That, in a nutsheU, is why we are having this bond referendum on September 16th. PropoSition ##1 on the bond referendum deaJs with this issue, and it will be for $12,500,000 for 5 years 'Worth of eligible maintenance costs. e e , , 2. We also purchase school buses to replace old, worn out buses as needed. We have tried to stay on a IG-year replacement schedule with our 60 or so buses. but we haven't always been able to dord to do so. The same situation applies to the buses as to the major facility renovation described above. Proposition #2 deals with school buses in a similar manner, and is for $2,500,000 for 5 years worth of bus purchases. 3. Proposition #3 is a little different This one is for technology, and it continues the,program we have begun with the 1996 referendum and provides for replacement of equipment that is becoming old, obsolete Or broken down. This one is adcJitional cost to the District., regardless of which fund we pay for it from. The effective "interest rate" scenario is the same, however. We really can't afford $5 million over five years out ofLoca1 Maintenance for technology. We can. however, easily afford it out of bond money, with the same catch - we must have voter approval to do it! 4. The 1996 referendum increased the total tax rate by 5 cents. This one will actually lower the rate by 2 cents. Because we would be performing maintenance work and purchasing buses from bond money at 5% or 6% instead offrom Loca1 Maintenance funds at 400/0, we would actually be saving money in the long run. We would pass these savings along to the taxpayers in the form of a tax rate reduction of 2 cents. (M & 0 rate would decrease by 4 cents, the I & S rate would increase by 2 cents, for a net reduction of 2 cents overall). This is a good deal for the school district., because we get to do the work we need to do in our schools and to purchase the buses we need to stay on our replacement schedule. This will keep our facilities clean and functional and keep our kids safe to and from school each day. Since it allows us to do many of the things we are currently doing, but at a much cheaper "interest rate", it's a good deal for the taxpayers of La Porte because it cuts the tax rate by 2 cents. Everyone wins! It is a true "No Lose" scenario! I can be reached at 281.604.7045, and I would be glad to discuss this bond referendum with anyone who would like to know more. . e e ORDER AN ORDER CALLING A SCHOOLHOUSE BOND ELECTION; PROVIDING FOR THE CONDUCT AND THE GIVING OF NOTICE OF SAID ELI;:CTlON; AND RESOLVING OTHER MATTERS RELATED THERETO WHEREAS, the Board of Trustees (the "Boara; of the La Porte Independent School District (the "District") finds and detennines that It is necessary and advisable to call and hold the election hereinafter ordered pursuant to Subchapter A, Chapter 45, Texas Education Code, as amended, and the Texas Election Code, as amended; and WHEREAS, it is further found and detennined that holding said election on a date other than a unifonn election date is in the public interest; now, therefore, BE IT ORDERED BY THE BOARD OF TRUSTEES OF THE LA PORTE INDEPENDENT SCHOOL DISTRICT THAT: Section. 1. The statements contained in the preamble of this Order are true and correct and adopted as findings of fact. Section 2. An eJection shall be held on September 16,2000 in the District, wh.ich date is 45 or more days from the date of this order, at which election the following proposltfons shall be submitted in accordance with law: PROPOSmON 1 "Shall the Board of Trustees of the La Porte Independent School District be authorized to issue and sell bonds of the District not to exceed a total principal amount of $12,500,000 for the construction and equipment of school buildings in the District, with priority given to major mslntenance of buildings, and may the Board levy, pledge, assess, and collect annual ad valorem taxes on all taxable property in the District, sufficient, without limit as to rate or amount, to pay the principal of and Interest on such bonds as the principal and Interest beCome due; said bonds to be Issued in one or more series or Issues, to mature serially or otherwise, not more than 40 years from their date, and to bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, as the Board of Trustees in its discretion shall detennine?" PROPosrrlON 2 "Shall the Board of Trustees of the La Porte Independent School District be authorized to issue and sell bonds of the District not to exceed a total principal amount of $2,500,000 for the construction and equipment of school buildings in the District, with priority given to the acquisition of school buses financed under a contract under Subchapter A, Chapter 2n of the Locsl Govemment Code, and may the Board levy, pledge, assess, and collect annual ad valorem taxes on all taxable property in the DIstrict, sufficient, without limit as to rate or amount, to pay the principal of and interest on such bonds as the principSl and interest. become due; said bonds to be issued in one or more series or issues. to mature serially or otherwise, not more than 40 years from their date, and to bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, as the Board of Trustees in its discretion shall determine?" PROPOSmON 3 "Shall the Board of Trustees of the La Porte Independent School District be authorized to issue and sell bonds of the District not to exceed a total principal amount of $5,000,000 for the construction and equipment of school buildings in the District, with priority given to tecllieJOlogy upgrades and hatrlwa18, and may the Board levy, pledge, assess, and collect annual ad valorem taxes, on aU taxable property in the District, sufficient, without limit as to rate or amount, to pay the principal of and interest on such 110nds as the principaJand.interest.become,due; said bonds to be Issued In one or more series or issues, to mature seria(1y or otherwise, not more than 40 years from their date, and to bear interest at such rate or rates, not to exceed the respeCtive limits prescribed by law at the time of issuance, as the Board of Trustees in its discretion shall detennine?" . ! ! Porte Independent Scho! District Joh" /:: .'iaw.wr, /:'tI, D. Superinlcndc:nl of S~hools BOARD OF TRUSTEES (jOniOIl Wesmlnrtllmld Ptesidenl Bill /JQ/cer Vice President Bond Proposition 3 (Technology) Proposed Budget Hc"n~IIU Aile" Secretai)' ,10)' (;UIIIOI Dr, Chorles Hilborn OenllHurn Chrl,~ O,f1C" Troslces PROPOSITION 3 .Shall the Board of Trustees of the La Porte Independent School District be authorized to issue and sell bonds of the District not to exceed a total principal amount of $5,000,000 for the construction and equipment of school buildings in the District, with priority given to technology upgrades and hardware, and may the Board levy, pledge, assess, and collect annual ad valorem taxes on all taxable property in the District, sufficient, without limit as to rate or amount, to pay the principal of and interest on such bonds as the principal and interest become due; said bonds to be issued in one or more series or issues, to mature serially or otherwise, not more than 40 years from their date, and to bear interest at such rate or rates, not to exceed the respective limits prescribed by law at the time of issuance, as the Board of Trustees in its discretion shall determine?" Infrastructure Description Campus Cost Local Area Networks: Jennie Reid College Park Rizzuto Baker 1H Bayshore Lomax JH $150,000.00 $100,000.00 $150,000.00 $100,000.00 $100,000.00 $100,000.00 Equipment Computer replacement (5 years-elementary) Computer replacement (5 years-secondary) Laptops for all teachers (250 x $2,000) $1,000.000.00 $750,000.00 $500,000.00 Electronics - maintain/upgrade $1,250,000.00 Po~ble electronic classrooms (elementary) InstalllMaintainlUpgrade Technology labs Distance Leaming, Virtual Learning, Video $250,000.00 $250,000.00 $300,000.00 Grand Total $5,000,000.00 301 E, FnimlOnt Parkway Lot Porte. TX 77571 Public Inlilrmation OtTIC\: - (281) 60+-700 I Superintendent's Office (281) 604.7015 Business Office (281) 604-7045 Instruction f.)epartment (281 ) 6lJ4-7025 Personnel Services (28') 604-71 I) ',', y, Early Voting '-~ 't~.' J 1"! I' \ ~ . August 30 - September 12, 2000 ~ Mondaythru Friday 8:00am - 5:00pm* LPISD Administration Bldg. 1002 San Jacinto St. *Th~day, ~st 31 WJting at the following sites: }12:00noon - 8:00pm Baker 6th Grade Campus 6000 West Main Bayshore Elementary . 301 Bay Oaks Drive CoUege Park Elementary 4315 Luella Deer Park De Walt Altemative School 401 North Second Jennie Reid Elementary 10001 West Fairmont. Pkwy. La Porte Elementary , 601 South Broadway Lomax Elementary , 10615 North Avenue L Rizzuto E1elllentary . 3201 Farrington Blvd. Questions on Votingl , Election Judge: Jean Williams 281-604-7015 ttlection Day · ~tember 16. 2000 7:00am - 7:00pm District 1 District 2 District 3 District 4 District 5 District 6 Lomax Elementary 10615 North Avenue L Baker 6th Grade Campus 6000 West Main LPISD Technology Center 301 East Fairmont Pkwy. De Walt Altemative School 401 North Second Bayshore Elementary 301 Bay Oaks Drive College Park Elementary 4315 Luella Deer Park Proposition 1 (Major Maintenance of Facilities) The issuance of $12,500,000 Schoolhouse Bonds and the levying of a tax in payment thereof. Proposition 2 (Acquisition of School Buses) The issuance of $2,500,000 Schoolhouse Bonds and the levying of a tax in payment thereof. Proposition 3 (Technology Upgrades and Hardware) The issuance of $5,000,000 Schoolhouse Bonds and the levying of a tax in payment thereof. - -. - /'~.._,..- .,-, u ,~-...'- Advi"ry Circular 1 . ;;. e fJ u.s. Oeporlrrent 01 Transportation Federal Aviation Administration --...--..--:- .- - ---- ---~ Subject: AIRPORT DESIGN \. PURPOSE. This advisory circular (AC) contains the Federal Aviation Administration's (FAA) standards and recommendations for airport design. 2. CANCELLATION. This (Aq cancels the following publications: a. AC 150/5300-20, Airporl Design Standards--Site Requiremen"(S for Terminal Navigational Facilities, dated March 10, 1980. b. AC 15QJS3()().4B, Utility Airports-Afr Access to National Transportation. dated June 24. 1915. c. AC 15015300-12, Airport Design Standards..Transport Airports, daled February 28, 1983. ~~z."~ Leonard E. MUdd, Director Office of Ail:'port Safety and standards -. ,. -.. .. __"ii-=-__. ~...___~I/Ii - Dele: 9(].9!89 Initialed by: AAS-110 AC No: 150fS3OQ-13 Oange: d. AC 150f5325-SC. Aircraft Data, daled June 29, 1987. Co AC 1501S33S-2. Airport Aprons. dated January 27, 1965. J. APPUCATlON. The standards amI recommendations contained in this advisory circular are rocommended by tlte Federal' Aviation Administration for use in lite design of civil airports. For airport projects receiving Federal grant-in-aid assistance. the use or these standards is~ndatory~ At . c;et1if"ll'2red'~, airports, the standards and recommendations may be used to satisfy specific requirements of Federal Aviation Regulations (FAR) Part 139, Certification and Operations: Land Airports Serving Certain Air Carriers, Subparl D. A~ 150/5300-13 CI-IG 5 (c) When th~hresholds are staggered and the approach is to the far threshold, the minimum 2,500-foot (762 m) separation requires an increase of 100 feet (30 m) for every 500 feet (152 m) of threshold stagger. 209. RUNWAY TO PARALLEL TAXIWAY AND TAXILANE SEPARATION. a. Standards. Tables 2-1 and 2-2 present the runway centerline to parallel taxiway/taxi lane centerline separation standard. This distance is such to satisfy the requirement that no part of an aircraft (tail lip, wing lip) on taxiway/taxilane centerline is within the runway safety area or penetrates the obstacle free zone (OFZ). The computer program cited in appendix II may be used to detennine the increase to these separation distances for elevation. b. Recommendations. To have room for the acute-angled exit taxiway, provide a runway centerline to parallel taxiway centerline of at least 400 feet (120 m) for Airplane Design Groups I and II, 500 feet (150 01) for Airplane Design Group III, and 600 feet (180 m) for Airplane Design Groups IV, V, and VI. 210. BmLDING RESTRlCI'ION LINE (BRL). A BRL should be placed on an airport layout plan for identifying suitable building area locations on airports. The BRL should encompass' the runway protection zOnes, the runway object free area, the runway visibility zone (see p8r'agraph 503), NA V AID critical areas, areas ~uired for terminal instrument procedures, and ~ort traffic control tower clear line of sight .~t5r,dm~ CLEARING CRITERIA. Safe and ":".efficldOperations at an airport require that certain areas on and near the airport be clear of objects or restricted to objects with a certain function, composition, and/or height The object clearing criteria subdivides the 14 CFR Part 77, Subpart C, airspace and the object free area (OFA) growd area by type of objects tolerated within each subdivision. Aircraft are controlled by the aircraft operating rules and not by this aiteria. a. Standards. requirements are as follows: Object clearance (1) Obied..Free-Area{OFA)... Object free areas require clearing of objects as specified in paragraph 307, Runway Object Free Area, and paragraph 404, Taxiway and Taxilane Object Free Area (OFA). 12 2/14/97 (2) R.av and Taxiway Safety Areas. Runway and taxiway safety areas require clearing of objects, except for objects that need to be located in the runway or taxiway safety area because of their function. Objects higher than 3 inches (7.6 cm) above grade should be constructed on low impact resistant supports (frangible mounted structures) of the lowest practical height with the frangible point no higher than 3 inchcs (7.6 cm) above gradc. Other objecls, such as manholes, should be constructed at grade. In no case should their height exceed 3 inches (7.6 cm) above grade. Underground fuel storage facilities should not be locatcd within runway and taxiway safety areas (sce AC 150/5230-4), Aircraft Fuel Storage, Handling, and Dispensing on Airports). Tables 3-1, 3-2, 3-3, and 4-1 specify runway and taxiway safety area standard dimensions. . '. II (3) Obstacle' Free Zone (OFZ). Obstacle Free Zones require clearing of object penetrations, except for frangible visual NA V AIDs that need to be located in the OFZ because of their function. Paragraph 306 specifies OFZ standard dimensions. (4) Threshold. The threshold obstacle clearance surfaces, defined in Appendix 2, paragraph 5, require clearing of object penetrations. (5) NA V AIDs. Certain areas require clearing for the establishment and operation of NA V AIDs. These NA V AID critical areas are depicted in chapter 6. ".i (6) 14 CFR Part 77 Obstnlctions' to Air Navi2ation. Obstructions. to air navigation must be removed unless an FAA aeronautical study, based on proposed operations, determined otherwise. To determine otherwise, the FAA must find no substantial adverse effect as defined in Order 74002, Procedures for Handling Airspace Matters, Chapter 7, Evaluating Aeronautical. Effect, Section 1, General The FAA, normally, limits aeronautical studies of existing objects to obstructions to air navigation which are not included in the criteria cited in paragraphs 211a(1) through (5). (7) . Runwav.~Protection ZOne. tRPZl. The RPZ requires clearing of incompatible objects and activities as specified in paragraphs 212a(l)(a) and 212a(2). (8) General. Other objects which require clearing are those which generally can have an adverse effect on the airport. These include objects in the inner part of the approach area (coinciding with the RPZ) such as fuel handling and storage facilities, smoke and dust generating activities, misleading lights, and those which may create glare or attract wildlife. Chap 2 . . .. 2/14/97 b. Rccommcn.ns. Other objects which are desirable to clear, if practicable, are objects which do not have a substantial adverse effect on the airport but, if removed, will enhance operations. These include objects in the controlled activity area and obstructions to air navigation which are not covered in paragraph 211.a, especially those penetrating an approach surface. On a paved runway, the approach surface starts 200 feet (61 m) beyond the area usable for takeoff or landing, whichever is more demanding. On an unpaved runway, the approach surface starts at the end of the area usable for takeoff or landing. 212. RUNWAY PROTECTION ZONE (RPZ). The RPZ's function is to enhance the protection of people and property on the ground. This is achieved through airport owner control over RPZs. Such control includes clearing RPZ areas (and maintaining them clear) of incompatible objects and activities. Control is preferably exercised through the acquisition of sufficient property interest in the RPZ. 8. Standards. (1) RPZ Confi!!urationJLocation. The RPZ is trapezoidal in shape and centered about the extended runway centerline. The controlled activity area and a portion of the Runway OFA are the two components of the RPZ (see figure 2-3). The RPZ dimension for a particular runway end is a function of the type of aircraft and approach visibility minimum associated with that runway end.. Table 2-4 provides standaoi .4imCQSions.:::RPZs~ . Other than with a ~iaJ. application of declared distances, the RPZ ~ 200 feet (60 m) beyond the end of the area usable for takeoff or landing. With a special application of dec1ared.4istances, see Appendix 14, separate approach and departure RPZs are required for each runway end. (a) The Runwav OFA. Paragraph 307 contains the location, dimension, and clearing standards for the Runway OF A. (b) The ControUecI Activity Area. The controlled activity area is the portion of the RPZ beyond and to the sides of the Runway OFA. Chap 2 AC 150/5300-1J CHli :> _) Land Usc. In addition to the criteria specified in paragraph 211, the following land use criteria apply within the RPZ: (a) While it is desirable to clear all objects from the RPZ, some uses are pennitted, provided thpy do not attract wildlife, are outside of the . Runway OPA, and do not interfere with navigational aids. Golf courses (but not club houses) and agricultural operations (other than forestry or livestock fanns) arc expressly penniued under this proviso. Automobile parking facilities, although discouraged, may be pennitted, provided the parking facilities and any associated appurtenances, in addition to meeting all of the preceding conditions, are located outside of the object free area extension (as depicted in figure 2-3). Fuel storage facilities should not be located in the RPZ. (b) Land uses prohibited from the RPZ are: rcsidences 'and places of public assembly. (Churches, schools, hospitals, office buildings, shopping centers, and other uses with similar concentrations of persons typify places of public assembly.) Fuel storage facilities should not be located in the RPZ. b. Recommendations. Where it is determined to be impracticable for the airport owner to acquire and plan the land uses within the entire RPZ, the RPZ land use standards have recommendation status for that portion of the RPZ not controlled by the airport owner. '. \1 c. FAA Studies of Objects aDd Activities in the Vicinity of Airports. The FAA policy is to protect the public invesbnent in the national airport system. To implement this policy, the FAA studies existing ~d proposed objects and ''BCtivities. both off and on public-use airports, with respect to their: effect upon the safe and efficient use of the airports and safety of persons and property on the ground. These objects need not be obsttuctions to air navigation, as defined in 14 CFR Part 77. As the result of a study, the FAA may issue an advisory recommendation in opposition to the presence of any off-airport object or activity in the vieinity of a public-use airport that conflicts with an airport planning or design standard or recommendation. 213. to 299. RESERVED. 13 Approach Facilities Dimensions Visibility Expected Inncr Outer Length Width Width RPZ Minimums 1/ To Serve L WI W2 feet feet feet aeres (meters) (meters) (meters) Small A ircrafl 1,000 250 450 8.035 .Exclusively (300) (75) (135) Visual Aircraft and Approach 1,000 500 700 13.770 Not lower than Categories (300) (150) (210) I-Mile (1600 m) A&B Aircraft Approach 1,700 500 1,010 29.465 Categories (510) (150) (303 ) C&D Not lower than AU 1,700 1,000 1,510 48.978 3/4-Mile (l 200 m) Aircraft (510) (300) (453) Lower Than All 2,500 1,000 1,750 78.914 3/4-Mile ( 1200 m) Aircraft (750) (300) (525) . Tnblc 2--1, ({unw:\\, .. A C 150/5300-13 CIlG-4 I 11/10/94 11 The RPZ dimensional standards are for the nmway end with the specified approach visibility minimums. The departure RPZ dimensional standards are equal to or less than the approach RPZ dimensional standards. When a RPZ begins other than 200 feet (60 m) beyond the nmwayend, separate approach and departure RPZs should be provided. Refer to appendix. 14 for approach and departure RPZs. 19 Chap 2 ,. 11110/94 e . AC 150/5300-13 CHG~ Appendix 14 Appendix 14. DECLARED DISTANCES I. APPLICATION. The use of declared distances for airport design shall be limited to cases of existing constrained airports \\'here it is impracticable to provide the runway safety area (RSA), the runway object free area (ROFA), or the runway protection zone (RPZ) in accordance with the design standards in chapters 2 and 3. a. This appendix, by treating the airplane's runway performance distances independently, provides an alternative airport deSign methodology by declaring distances to satisfy the airplane's takeoff run, takeoff distance, accelerate-stop distance, and landing distance requirements. TIle declared dislances are takeolT run available (fORA), takeoff distance available (fODA), accelerate- stop distance available (ASDA). and landing distance available (LDA) which when treated independently may include clearway and stopway and may limit runway use. This alternative design methodology may affect I1le beginning and ending of the RSA, ROF A, RPz, and primary surface. b. Where declared distances differ, the primary surface extends 200 feel (60 m) beyond each end of the runway or the far end of each TODA whichever is further to protect departures to the extent of the 14 CFR Part 77 approach surface for that runway end i.e. 20:1, 34:1, and 50:1 originating at or beyond the end ofTODA. 2. BACKGROUND. In applying declared distances in airport design, it is helpful to understand the relationship between airplane cenification, aircraft operating rules, airport data, and airport d~ign. . . a. AirPlane certification provides the airplane's performanee distances. The performance speeds. e.g., VI, takeoff decision speed, VU1I', lift~ff speed, Vz, takeoff safety speed, Vso, stalling speed or the minimum steady flight speed in the landing configuration, and the following distances to achieve or decelerate from these speeds lII'C established by the manufacturer and confirmed during certification testing for varying elimatological conditions, operating wqights, etc. (1) Takeoff run - the distance to accelerate from brake release to lift~fl: plus safety factors. (2) Takeoff' distance - the distance to accelerate from brake release past lift~ff' to start of takeoff climb, plus safety factors. (3) AceeleratHtoD distance - the distance to accelerate from brake release to VI and then decelerate to a stop, plus safety factors. (4) LandilU! distance - the distance from the threshold to complete the approac;b, touchdown, and decelerate 10 a stop, plus safety factors. b. Aircraft OoeraDnl! roles provide a mmJlDum acceptable level of safety by c:onlrOlling the airplane maximum operating weights by limiting the airplane's performance distances as follows: (I) Takeoff run shall not exceed the length of runway. (2) Takeoff distance shall not exceed the length of runway plus clearway. (3) Accelerate-stoll dislance shall 1101 exceed the length of runway plus stopway. (4) Landin!! distance shall not exceed the length ofnmway. c. Aimort data provides the runway length and/or the following declared distance information for calculating maximum operating weights and/or operating capability. (I) Takeon'run availahle (fORA) - I1le lengtll of runway declared available and suitable for satisfying takeolT run requirements. ' (2) TakeolT distance available crOOM - the TORA plus the length of any remaining runway or clearway beyond the far end of the TORA available for satisfying takeoff distance requirements. The usable TODA length is controlled by obstacles present in the departure area vis-a-vis aircraft performance. As such, I1le usable TOOA length is determined by the aircraft operator before each takeoff and requires knowledge of the location of each controlling obstacle in the departure area. Extending the usable TODA lengths requires the removal of existing objects limiting the usable TODA lengths. (3) Accelerate-sloD distance available (ASOA) - the length of runway plus stopway declared available and suitable for satisfying accelerate-slop distance requirements. (4) landinI! distance available (LDA) -the length of runway declared available and suitable for satisfying landing distance requirements. J. FAA APPROVAL FOR APPLYING DECLARED DISTANCES IN AIRPO'RT DESIGN. The app.,lication of declared distances 81 a specific location requires prior F M. approval on a case-by-case basis. Approval is retlect.ed on the FAA-approved Airport Layout Plan. 275 I ---- ~ ~ -- ./ / ./ :/ / / / ~ \0, , / . / 17 of. AO 150/5300-13 CIIG 2 Appendix 8 . 8. RUNW A \' PROTECTION ZONE (RI'Z}. Approach protection zones were originally cstablished to define land areas underneath aircraft approach paths in which control by the airport operator was highly desirable to prevcnt thc creation of airport hazards. Subsequcntly, a 1952 report by thc Presidcnt's Airport Commission (chaired by James Doolittle), entitled' "The Airport and Its Neighbors," recommended the establishment of clear areas beyond runway ends. Provision of these clear areas was not only to preclude obstructions potentially hazardous to aircraft, but also to control building construction as a protection from nuisance and hazard 10 people on the ground. The Department of Commerce concurred with the recommendation on the basis that this area was "primarily for the purpose of safety and convenicnce to people on the ground." The FAA adopted "Clell( Zones" with dimcnsional standards to 100 90 eo t) c 70 0 "- CII lJ go sa - & 50 .. g 1: 40 tI U ~ 30 20 10 0 . 2/24/92 implement the Doolittle Commission's recommendation. Guidclines were developed recommending that clear zones be kept free of structures and any developmcnt which would create a placc of public 8.SSCmbly. In conjunction with the introduction of the RPZ as a replacemcnt te.nn for clear zone, the RPZ was divided into "object free" and "controlled activity" areas. TIle RPZ function is to enhance the protcction of people and property on the ground. Where practical, airport owners should own the property under the runway approach and departure areas to at least the limits of the RPZ. It is desirable to clear the entire RPZ of all aboveground objects. Whcre this is impractical, airport owners, as a minimum, shall maintain the RPZ clear of all facilities supporting incompatible activities. lncompalible activities include, but arc not limited 10, those which lead to an assembly of people. o 100 200 JOO ..00 :500 600 700 800 900 10001100 1200 '300 1400 1500 1600 Distance from runweyend (feet) Figure AS-I. Approximate distance airplanes undershool and overrun the runway end 140 e . 8-24-00 Pagel of 4 Councilman Engelken, The Citizens of Common Sense Government (CSO) would like to draw a comparison between the difficult traffic safety problems of Myrtle Creek and Lomax School Rd. to show how the Phase I road will affect the Lomax area. While Myrtle Creek children, joggers, bikers, etc. have the safeguards of a 4 ft. wide side walk that is separated from vehicle traffic by a raised 6 ft. wide grass strip, and then a 7 inch high concrete curb, and then a 7 ft. wide parking lane, and then a 6" wide white stripe; The citizens of Lomax have none of these safeguards to separate them from traffic. Lomax Citizens that jog, walk, ride bikes, ride horses, walk lambs and steers, etc., on the main streets have to do it in the street with the traffic. We have observed the traffic volume and speed on Myrtle Creek. it is nothing compared to the traffic volume and speed in Lomax. We thought Council would understand the serious dangers of this situation. If Council was concerned about Myrtle Creek, then it is only logical that you would be definitely against the Phase I road. The only conclusions we can come to is that some Councilmen are not aware of the dangers this Phase I road creates; so we have made a video to give you a feel for the dangers the Phase 1 road will create. Our understanding is, Myrtle Creek's main problem has been through traffic that should be traveling Spencer/Underwood and not through a neighborhood. We ask you to consider this: If traffic cuts through 2 stop signs, a speed hump, and the winding street of Myrtle Creek to avoid 1 traffic light; what do you think traffic will do when it can avoid that same traffic light plus 3 more traffic lights on Spencer/Underwood by going through 3 stop signs. We think the answer is obvious. Through traffic will greatly increase in the Lomax residential area. We believe the consultant's proposal to control through traffic on the proposed Phase 1 road with paint, traffic circles, landscaping, curb radius reductions, etc. are unworkable for this situation, ineffective, and proves the consultant's complete lack of understanding of the problem. The following is more information we think you should be aware of The following is an abbreviated text of what was handed out to several hundred Citizens. Summary of Phase 1 Road Events: 1. 8/98 - City declares intent to build Phase 1 Road with 3 seniences in a Bay Shore Sun article that doesn't say anything about Phase 2 which continues Farrington to Hwy 225 & Phase 3 which makes it a 4 lane Underwood type road where speeds commonly exceed 60 MFa. 2.8/30/98 - CSO exposes City's documented plan to install Phases 2 & 3 after Phase 1 is built. 3.9/14/99 - Mayor's Position Paper admits there is a plan to extend Farrington ~o Hwy 225 & calls for the issue to be worked through the Comprehensive Plan Review. 4.9/28/98 - CSO presents a 574 signature petition calling for all 3 phases to be removed from City's plans. Council passes ordinance declaring no intention to do Phase 2, and puts Phase 1 on hold while it is worked through the Compo Plan. (This Ordinance is not permanent. It can be overturned at any time). 5. 1/14/99 - CSO members speak. before the Steering Committee developing the Comprehensive Plan. The Steering Committee removes all 3 Phases from the Compo Plan. (As I was getting up to present CSG's concerns, I was told I could only speak 3 minutes. The maneuver so angered other CSG members that several of them got up without notes and spoke 3 minutes. At the end the Steering Committee voted to remove all 3 Phases from the Comp, Plan.) e e Page 2 of4 6. 3/16/00 - P&Z votes to recommend to City Council that the Phase 1 Road be put back into the Compo Plan, all 6 members voting in favor, in spite of 4 members having personal financial conflicts of interest. (Betty Waters has refused to let CSG speak before the P&Z to respond to statements made on 3/16/00.) 7. Dates pending- Public hearings before City Council on the Compo Plan. (The Public Hearing before P&Z as required by the written Comp.Review Project Operations Plan has been canceled. This, of course, will prevent the citizens of CSG from exposing the following incorrect statements to P&Z.) Planning & Zoning bas voted to recommend to City Council that the Pbase 1 Road connecting Farrington to Lomax School Rd., be put back into the, City's Comprebensive Plan.. This occurred at the P&Z March 16, 2000 meeting, 14 months AFTER CSG Citizens spoke before the Steering Committee which developed the Compo Plan. The Steering Committee REMOVED Phases 1,2, and 3 from the Comprehensive Plan. A study of the audio tape of the 3-16-00 P &Z meeting exposes several pages worth of incorrect statements. We')) review a few main points below. 1. Consultant Project Manager, Consultant Bret Keast introduced speakers Fire Chief Joe Sease &, Police Chief Richard Reff as,"..the City staff members here tonight; They want to kind of present an objective overview of pros & cons I guess" of extending some fonn of connection between the Farrington Rd. & Lomax School Rd." Mike Clausen with the School District Transportation also spoke. Joe Sease, Richard Reff, & Mike Clausen, whose main jobs are our safety, presented NO cons on the Phase 1 road. They were not objective, and many of their statements were incorrect. I talked with Mr. Sease & Mr. Clausen in 98' about the safety concerns of the 574 citizens signing the petition to stop all phases of the proposed Highway, so they were well aware of the "cons" of Phase 1 & yet they did not say one word about our safety concerns. Fire Chief Sease stated that the EMS (ambulance) needs Phase I; but he had to admit in our last talk that because EMS is located near Sens at Spencer; Phase 1 could only be an advantage in response time if an ambQlance was returning on Spencer empty, if it was just opposite Phase 1, and if it was re-routed to an emergency in Lomax: that was just opposite Phase 1; and that is a lot of ifs. Mr. Sease has admitted in writing in response to an Open Records request that he has not done any study or data analysis to prove his opinion that Phase 1 would lessen Citizen's exposure to fire damage. Mr. Reff's speech centere~ on "considerable delays in response times" and "comparing response times" for the police. I hav~ studied Mr, Reff's data and he has had to admit that he has NO data about response times and can not even begin to "compare response times." Mr. Retf also failed to state that the police were short 6 patrol officers and that was the major reason for any delayed response that might occur. e e " Page 3 of4 Mr. Clausen stated that he wants Phase 1 because busing on Underwood and Spencer are a safety concern. .. but he plans to bus children through an Airport Runway Protection Zone and an Airport Object Free Zone. He also spoke about shorter bus routes to Glen Meadows, He did NOT state the fact that if Phase 1 is built there will not be any bus routes through Glen Meadows to Lomax Elementary because L.P.I.S.D. will not bus within a 2 mile travel radius ofa school. In his presentation Mr. Clausen also skated around the fact that Lomax is an exception to the busing regulations only because traffic makes Lomax streets so dangerous most people won't walk them. And remember; these people were introduced as objective staff that would give the cons as well as the pros. For those few at City Hall who have repeatedly shut their eyes and ears to the dangers; we'll state it again. There are deep ditches and NO side walks on the main traveled H, L, P and LSR streets of Lomax. Children and adults, who ride horses, ride bikes, jog, walk:, exercise 4H projects, etc. , have to mix with high volume, high speed traffic in the street and the only safety net we have to cope with this already dangerous situation is the ability of vehicles to pass into the oncoming lane. As traffic increases; this safety net goes away, and the probability of another White Cross like the one belonging to young Joseph Mann at Lomax School Rd. & P street, increases dramatically. While Mr. Sease's and Mr. Reff's excuses for building Phase 1 are nothing but ifs & maybes that they can't even quantify; the danger from traffic on Lomax streets is real aDd it occurs many times every day. The White Cross on P Street proves that fact and the 3 ocCurrences on your Video prove that fact. Background facts for the following Federal Aviation Administration (FAA) design standards: 1. These standards are mandatory for the La Porte Airport because the City used a Federal Grant to buy property for the Runway Protection Zone (RPZ). Mr. Gillett stated to me at the 6-20-00 Sylvan Beach Public Forum that the Federal Standards are just recommendations. The Federal Standards are Dot just recommendations. The Federal Standards ARE MANDA TORY for La Porte. 2. the Runway Protection Zone (RPZ) for the La Porte Airport extends 1,200 ft. beyond the end of the runway & is 700 ft. wide at the 1,200ft. mark. 3. The Proposed Phase 1 road would cut through a large portion of the RPZ. 4. The La Porte airport is governed & inspected by the Texas Department of Transportation (TEXDOT) Aviation Division using FAA Design Standard AC ISOIS300-13a&b. In the 3-16-00 Planning & Zoning meeting, the City's Airport Manager, Steve Gillett stated, "The fact that we were able to take part of the City's money & purchase the right of way for that {Phase 1 road}& reserve it; that was the only way Farrington {Phase 1 Road} was ever going to happen, because if we had just purchased it {Phase I road right of way} with Federal {grant}fimds as Airport Property, they {TEXDOT} would have prohibited the {Phase I} road." Let's read on to see one reason why: e . Page 4 of4 The following are direct quotes from FAA Design Standard AC 150/5300-1380 Airport Design, which contains the mandatory design standards that govern the La Porte Airport. CC .. For airport projects receiving Federal grants-in~aid assistance, the use of these standards is mandatory." Here are the Design Standards the City attempted to maneuver around by cutting the Phase 1 Road right of way out of the RPZ grant. 201.- Principles of Application a (2) All other existing & planned airport elements, including the following, should be on airport property: (a) Object Free Areas (OFAs); (b) Runway Protection Zones (RPZs); (c) Imaginary surfaces out to 35 ft. above tbe primary surface; (d) areas where incompatible land uses are uncontrollable. 211 - Object Clearing (sec. 8) General- "Other objects which require clearing [from the RPZ] are those which generally can have an adverse effect on the airport. These include objects in the inner part of the approach area (coinciding with the RPZ) such a$ fuel handling & storage facilities, smoke & dust generating activities, misleading lights, & those which may create glare or attract wildlife." How many of us have ever been blinded by glare from vehicle glass, lights, & chrome parts? 212 - Runway Protection Zone (RPZ).. "The RPZ's function is to enhance the protection of people & property on the ground. This is achieved through airport owner control over the RPZ's. Such control includes clearing the'RPZ areas (& maintaining them clear) of incompatible objects & activities. " Appendix 8, sec. 8, (page 140)" The RPZ's function is to enhance the protection of people & property on the ground. Where practical, airport owners should own the property under the runway approach & departure areas to at least the limits of the RPZ. It is desirable ta;>> clear the entire RPZ of all above ground objects. Where this is impractica~ airport owners, as a minimum, shall maintain the RPZ clear of all facilities supporting incompatible activities. Incompatible activities include, but are not limited to, those which lead to an assembly of people." TEXDOT Inspector Jim Curl stated in our conversation that new roads are not allowed in RPZs. I believe it WAS pra9tical for the Airport to own the RPZ and keep it clear of all above ground objects. I think it is obvious from Mr. Gillett's statements to the P&Z that the City intentionally set out to maneuver around TEXDOT prohibiting new road construction through the La Porte Airport RPZ and most importantly, I think any reasonable person would say that a school bus full of children is an assembly of people; an extremely important assembly that deserves the highest safety standards. Are the Federal Design Standard's safety concerns real? Well; a jet trainer and Ii large transpprt have mistakenly attempted to land at the La Porte Airport and 2 planes have crashed into homes near the ends of runways. The proposed Phase 1 road would violate other Federal Design Standards as we'D see in the n~xt letter. Thank you for your time and consideration, Bill Scott, Treasurer for CSG 281-470-6685 scottl@hal-pc.org