HomeMy WebLinkAbout2000-10-23 Regular Meeting and Special Called Workshop Meeting
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MINUTES OF THE REGULAR MEETING
AND SPECIAL CALLED WORKSHOP MEETING
OF LA PORTE CITY COUNCIL
OCTOBER 23, 2000
1. CALL TO ORDER
The meeting was called to order by Mayor Norman Malone at 6:00 p.m.
Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken,
Howard Ebow, Alton Porter, Deotis Gay, Charlie Young, and Norman Malone.
Members of Council Absent: Jerry Clarke and Peter Griffiths.
Members of City Executive Staff and Citv Emplovees Present: City Manager Robert T.
Herrera, Assistant City Attorney John Armstrong, Assistant City Manager John Joerns,
City Secretary Martha Gillett, Director of Administrative Services Louis Rigby, Parks
and Recreation Director Stephen Barr, Public Works Director Steve Gillett,
Administrative Assistant Carol Buttler, Assistant Parks and Recreation Director Mike
Davis, Emergency Services Director Joe Sease, Planning Director Doug Kneupper,
Utility Billing Manager Kathy Hutton and Planning Coordinator Masood Malik.
Others Present: Bill Scott, Pat Muston, Spero Pomonis, Mary Gay, David Haws, Joyce
Sease, Kathleen and Jim France, Charlie Perry, James Warren, Sue Gale Kooken, Susan
Hill, James Gibson, Betty Gibson, Blanche Hare, Paul Larson, Mary H. Gay, Arthur
Roscoe, Ruby Roscoe, Mary Wood, Essie Candler, Lenworth Henry, Jamie McKenzie,
Essie Lee Wade, Norene Swanagan, Bobby Schlenk, Betty Moore, Doris Swanagan,
Henrietta Allen, Norman Cook and a number of citizens.
2. Dr. Bobby Worsham - Second Baptist Church delivered the invocation.
3. Council considered approving the minutes of the Regular Meeting and Public Hearing on
October 9,2000 and the Special Called Workshop Meeting on October 16,2000.
Motion was made bv Councilperson Porter to approve the minutes presented. Second by
Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone.
Nays: None
Abstain: Howard Ebow abstained from the vote for the October 16, 2000 meeting.
4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND
T AXP AYERS WISHING TO ADDRESS COUNCIL.
Citizens wishing to speak requested to speak under the workshop portion of the meeting.
5. PRESENT A TIONS/PROCLAMA TIONS
Mayor Malone presented Joyce Sease with a proclamation for Red Ribbon Week.
City Council Minutes - 10-23-00 - Page 2
6. Council considered approving an ordinance authorizing the execution by the City of La
Porte of Industrial District Agreements as outlined below for the term commencing
January 1,2001 and ending December 31, 2007 -J. Joems
2000-IDA-33
2000-IDA-34
2000-IDA-35
2000-IDA-36
2000-IDA-37
2000-IDA-38
2000-IDA-39
2000-IDA-40
2000-IDA-41
BATTLEGROUND WATER DISTRIBUTION COMPANY
GOODYEAR TIRE AND RUBBER COMPANY
L YONDELL CHEMICAL COMPANY
NOL TEX L.L.e.
SOL V A Y POLYMERS, INe.
SOL V A Y INTEROX, INC.
HUNTSMAN POLYMERS CORPORATION
BP AMOCO CHEMICAL COMPANY
TEXAS ELECTRIC EQUIPMENT COMPANY
Assistant City Manager John Joerns presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCES LISTED BELOW - AN ORDINANCES
AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN
INDUSTRIAL DISTRICT AGREEMENT WITH (see ordinance numbers and names
below) 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.
2000-IDA-33
2000-IDA-34
2000-IDA-35
2000-IDA-36
2000-IDA-37
2000-IDA-38
2000-IDA-39
2000-IDA-40
2000-IDA-41
BA TTLEGROUND WATER DISTRIBUTION COMPANY
GOODYEAR TIRE AND RUBBER COMPANY
L YONDELL CHEMICAL COMPANY
NOL TEX L.L.C.
SOL V A Y POLYMERS, INe.
SOL V A Y INTEROX, INC.
HUNTSMAN POLYMERS CORPORATION
BP AMOCO CHEMICAL COMPANY
TEXAS ELECTRIC EQUIPMENT COMPANY
Motion was made bv Councilperson Ebow to approve the ordinances listed above as
presented by Mr. Joerns. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone.
Nays: None
Abstain: None
7. Council considered approving an ordinance between the City of La Porte and the Port of
Houston Authority, for the provision of Emergency Medical Services by the City of La
Porte; repealing Ordinance 2000-2376.
Director of Emergency Services Joe Sease presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2000-2442 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
City Council Minutes - 10-23-00 - Page 3
PORTE AND THE PORT OF HOUSTON AUTHORITY, FOR THE PROVISION OF
EMERGENCY MEDICAL SERVICES BY THE CITY OF LA PORTE; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
REPEALING ORDINANCE 2000-2376; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilperson Gay to approve Ordinance 2000-2442 as presented
bv Mr. Sease. Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone.
Nays: None
Abstain: None
8. Council considered approving ordinances adopting a policy for the naming of City of La
Porte facilities.
Administrative Assistant Carol Buttler presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2000-2443 - AN ORDINANCE
APPROVING AND ADOPTING A POLICY FOR THE NAMING OF CITY OF LA
PORTE FACILITIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF.
Motion was made by Councilperson Engelken to approve Ordinances 2000-2443
presented bv Ms. Buttler. Second by Councilperson Young. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone.
Nays: None
Abstain: None.
9. Council considered approving an ordinance authorizing a contract between the City of La
Porte and the La Porte Main Street Association, regarding the purchase and display of
decorative banners on Main Street.
Administrative Assistant Carol Buttler presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2000-2444 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA
PORTE AND THE LA PORTE MAIN STREET ASSOCIATION, REGARDING THE
PURCHASE AND DISPLAY OF DECORATIVE BANNERS ON MAIN STREET,
APPROPRIATING $6,000.00, TO FUND SAID CONTRACT; 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 Gay to approve Ordinance 2000-2444 as presented
bv Ms. Buttler. Second by Councilperson Young. The motion carried.
City Council Minutes - 10-23-00 - Page 4
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone.
Nays: None
Abstain: None
10. Council considered approving an ordinance amending Chapter 50, "Parks and
Recreation", Article VII, "Civic and Recreation Centers" of the Code of Ordinances of
the City of La Porte and Appendix A thereto. (Item previously tabled at 9-11-00
Meeting)
Director of Parks and Recreation Stephen Barr presented summary and recommendation
and answered Council's questions.
Assistant City Attorney read: ORDINANCE 1703-A - AN ORDINANCE AMENDING
CHAPTER 50, "PARKS AND RECREATION", ARTICLE VII, "CIVIC AND
RECREATION CENTERS" OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE AND APPENDIX A THERETO; ESTABLISHING A RENTAL FEE POLICY
AND FEE SCHEDULE FOR CIVIC AND RECREATION CENTERS; CONTAINING
A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE.
Motion was made by Councilperson Engelken to approve Ordinance 1703-A as presented
bv Mr. Barr. Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone.
Nays: None
Abstain: None
11. Council considered approving an ordinance authorizing a concession agreement between
the City of La Porte and Linda Darnell Witt to operate and manage the Sylvan Beach
Park Pier; authorizing the City Manager to execute said agreement.
Director of Parks and Recreation Stephen Barr presented summary and recommendation
and answered Council's questions.
Assistant City Attorney read: ORDINANCE 2000-2445 - AN ORDINANCE
APPROVING AND AUTHORIZING A CONCESSION AGREEMENT BETWEEN
THE CITY OF LA PORTE AND LINDA DARNELL WITT TO OPERATE AND
MANAGE THE SYL VAN BEACH PARK PIER; AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID AGREEMENT; 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 Ebow to approve Ordinance 2000-2445 as presented
bv Mr. Barr. Second by Councilperson Porter. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone.
Nays: None
Abstain: None
City Council Minutes - 10-23-00 - Page 5
12. Council considered approving an ordinance authorizing the removal of the 1 % interest
charge on utility bill arrearage.
Utility Billing Manager Kathy Hutton presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 2000-2446 - AN ORDINANCE
AMENDING CHAPTER 74, "UTILITIES", DIVISION 2, WATER SERVICE RATES
AND CHARGES, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE.
Motion was made by Councilperson Sutherland to approve Ordinance 2000-2446 as
presented bv Ms. Hutton. Second by Councilperson Porter. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone.
Nays: None
Abstain: None
13. Consent Agenda
A. Consider awarding annual contract for cleaning, televising and root removal for
sanitary sewers - S. Gillett
B. Consider awarding bid for replacement of heavy trucks - S. Gillett
Councilperson Young made a motion to vote on all Consent Agenda items together and
approve items presented. Second by Councilperson Engelken. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone.
Nays: None
Abstain: None
14. The special called workshop meeting was called to order by Mayor Malone at 6:42 PM.
The following items were discussed during the workshop session:
A. Presentation of the Northside Community Neighborhood Plan
Ms. Susan Hill of Haws, Hill and Patterson presented an overview of the
Northside Community Neighborhood Plan and plan development process.
The following citizens addressed City Council:
Pat Muston - Southeast Texas Housing (SETH) - Ms. Muston informed the
council and citizens that she is on the board of SETH and they stand ready to
assist in any way possible. In addition, she informed Council of the various
programs offered by SETH.
City Council Minutes - 10-23-00 - Page 6
Paul Larsen - 406 North 4th Street - Spoke in favor of the Northside Community
Neighborhood Plan and provided Council with a handout.
James Warren - P.O. Box 1917 - Spoke in favor of the Northside Community
Neighborhood Plan and encouraged Council to support it.
Bobby Schlenk - 620 S. 4th - Requested Council move forward with the plan
and not hold up progress.
Charlie Perry - 127 N. 4th - Informed Council he would like the plan adopted
but brought up concerns regarding priorities outlined in the plan. In addition, he
noted this plan has brought the north side community and the Main Street
Association closer and he wants to see this continued.
A brief break was taken at 7:55 P.M. and the meeting reconvened at 8: 10 P.M.
B. Discuss Sylvan Beach rental rates
Parks and Recreation Director Stephen Barr provided council with an overview
of the rate structure and reasons for the rate increases.
15. Workshop adjourned and the regular meeting re-convened at 8:27 PM.
16. Council considered approving an ordinance amending Chapter 50, 'Parks and
Recreation", Article vi, "Sylvan Beach", of the Code of Ordinances of the City of La
Porte, and Appendix A thereto.
Director of Parks and Recreation presented summary and recommendation and answered
Council's questions.
Assistant City Attorney read: ORDINANCE l783-A - AN ORDINANCE AMENDING
CHAPTER 50, 'PARKS AND RECREATION", ARTICLE VI, "SYL VAN BEACH",
OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, AND APPENDIX
A THERETO; ESTABLISHING A RENTAL FEE POLICY AND FEE SHCEDULE
FOR SYLVAN BEACH PAVILION; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING
AN EFFECTIVE DATE.
Motion was made by Councilperson Engelken to approve Ordinance l783-A as presented
by Me. Barr. Second by Councilperson Ebow. The motion carried.
Ayes: Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone.
Nays: None
Abstain: None
17. ADMINISTRATIVE REPORTS
City Manager Robert T. Herrera reminded Council of the following events:
City Council Minutes - 10-23-00 - Page 7
A. Fall Carnival at Sylvan Beach - October 30, 2000. Parks and Recreation
Director Stephen Barr provided the Council with highlights of the events.
B. Volunteer Appreciation Banquet at Sylvan Beach - November 9,2000.
C. Texas Municipal League Conference - November 15-18,2000
18. COUNCIL ACTION
Councilpersons Sutherland, Engelken, Ebow, Porter, Gay, Young, and Malone brought
items to Council's attention.
19. 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,
DELIBERATION REGARDING REAL PROPERTY, DELIBERATION
REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS,
CONFERENCE WITH EMPLOYEES DELIBERATION REGARDING
SECURITY DEVICES, OR EXCLUDING A WITNESS DURING
EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGATION)
20. CONSIDERATION AND POSSIBLE ACTION ON ITEMS CONSIDERED IN
EXECUTIVE SESSION
Due to no Executive Session there was no action taken.
21. ADJOURNMENT
There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:35PM.
Respectfully submitted,
- //b)Mcv/!llttf
Martha Gillett
City Secretary
Passed and approved on this 13th day of November 2000.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
;
Agenda Date Requested: Octo Ile :\.2000
Requested By: John Joerns r
~
Department: Administration \
\
Report: _Resolution: _Ordinance: --L-
Appropriation
Source of Funds:
Account Number:
Amount Budgeted:
Amount Requested:
Exhibits:
Budgeted Item: _YES _NO
9 Ordinances and an Industrial District Agreement
SUMMARY & RECOMMENDATION
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 and on August 28, City Council approved an additional 19 agreements.
Nine industries have returned executed agreements complete with Exhibits A, B, and C, These 9 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 ofIndustrial District Agreements with the following
industries:
. Battleground Water Distribution Company
. Goodyear Tire and Rubber Company
. Lyondell Chemical Company
. Noltex L.L.C
. Solvay Polymers, Inc.
. Solvay Interox, Inc.
. Huntsman Polymers Corporation
. BP Amoco Chemical Company
. Texas Electric Equipment Company
Action Required bv Council:
Consider approval of Ordinances 2000-IDA-33 through 2000-IDA-41 authorizing the execution by the City of
La Porte ofIndustrial District Agreements listed above,
Approved for City Council Al!enda
QJ~ \. ).\-~
Robert T. Herrera, City Manager
lD - \<a - 00
Date
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DUE TO THE VOLUME OF THE
INDUSTRIAL DISTRICT
AGREEMENTS, ONLY ONE
AGREEMENT IS ENCLOSED IN THE
PACKET.
IT IS THE STANDARD AGREEMENT
FORM AND SHOULD YOU MAY
REVIEW THE OTHER CONTRACTS
IN THE CITY SECRETARY'S
OFFICE.
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ORDINANCE NO. 2000-IDA-33
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BATTLEGROUND WATER
DISTRIBUTION COMPANY, 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 AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
BATTLEGROUND WATER DISTRIBUTION 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
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.
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PASSED AND APPROVED, this 23rd day of October, 2000.
CITY OF LA PORTE
By:4A~
rman t. Ma one,
Mayor
ATTEST:
l[J(lfIfij) .JiJJu}
arha A. Gillett
City Secretary
AP~%
Knox W. Askins,
city Attorney
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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 EI4T'Tu..&(l.ovN/J WAil>R. OI-:.rR..llJut7OJJ
r'.O#)PAN't ' a <!o,.,".sH"n.",.,tt .AP.AA^,O~,uNT 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
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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.
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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 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 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 ~ithin the corporate limits of City and appraised
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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
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,
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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,
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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 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
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to city of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
city of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have 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 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
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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
assignee, of any disposition of the Land, and assignment of this
Agreement.
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 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,
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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.
€41CJ(1TAR... CHE<<IIG.4G-7, 1,., P. . PIt~7J>Jf:-JL.
(COMPANY)
By:
~ ~.l(447
ame: tE/l.1 c.. G. YAf?-T2-
Title: AS$/sr.,(J,.JI S~R.f=.7.AAy, TJVlf
Address: % Pt2b/J1.,A..7Y rAl< lJ~pr.
p.c). 1So)( 3,cI~
H 0 U,? lOoN,) rG'~ 4$ 77 z...S 3- ~"4~
ATTEST: fL ,lJ .;Jhi.(
~tary
4 OF LA PORTE
By: ~~~~
or an L. Malone
Mayor
AP~zJd
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
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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"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.)
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"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 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.
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"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 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 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.
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City of La Porte
Established 1892
September 20, 2000
Battleground Water Supply Company
Attn: Rick Yartz
P.O. Box 3646
Houston, Texas 77253-3646
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Yartz:
In response to your e-mail on September 18, the City recognizes that Battleground Water
Supply Company is not a typical IDA in that Exhibits" A", "B", and "C" will not be needed.
It is also our understanding that Battleground Water Supply Company is a shared water
distribution system owned by several companies and management is rotated among owners.
Please have the current management official execute the enclosed documents and return to the
City by September 30. 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 either call or e-mail me.
Thank you for your cooperation in this matter.
P.O, Box 1115 · La Porte. Texas 77572-1115 · (281) 471-5020
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:'.~:!~
"
Eric C. (Rick) Vertz
Tax Counsel
~ LYONDELL
One Houston Center
1221 McKinney, Suite 1600
P.O, Box 3646
Houston, Texas 77253-3646
Tel 713 652-7456
Fax 713 951-1628
September 25, 2000
i ("J i2 (;, .,-
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I: :.('
II ii,;
IUU i SEP 2 7 2UlJu
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vv. ;, ;"if"'~/.\GER
r;FF=:CE
Mr. John Joems
Assistant City Manager
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Re: La Porte IDA
Dear John:
Enclosed are the following:
Battleground Water Distribution Company
The signed IDA contract for Battleground Water Distribution Company. As you correctly
state in your letter dated September 20,2000, the Battleground Water Distribution
Company is not a "company" at all; rather, it is simply a cost sharing arrangement
among four companies to build and maintain a process water pipeline that runs through
the Industrial District. Equistar is the current manager. As an aside, the companies
refer to this as the "Distribution" Company, not "Supply" Company. I have executed the
contracts in the name of the Battleground Water Distribution Company.
Lyondell Chemical Company
Enclosed is the executed acknowledgement and warranty that the previous Exhibits "A"
and "B" are still current for the Lyondell Chemical Company contract. I previously mailed
you the executed Lyondell contract (which, I'm embarrassed to admit, I found in my in
box shortly after requesting another copy from you).
This should complete the execution and filing of La Porte Industrial District contracts for
Equistar Chemicals and Lyondell Chemical Company.
Annexed Area
I know that La Porte does not have the problem with HCAD that confronts Deer Park
regarding annexed land. Does La Porte have a plat map or any sort of survey that
shows the annexed portion of the land that is included in the La Porte contract's
computation? It's rather academic, given the mechanics of the contract's computations,
but several companies, mine included, have wondered where the line gerrymanders. If
Lyondell PetrochemicatCompany
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a plat map is conveniently available, I would like to make it available to at least the major
companies in the Industrial District.
Thank you for your attention to this matter. If you have any questions, please call me.
Sincerely I
~lfur
Rick Yartz
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City of La Porte
Established 1892
October 30, 2000
Battleground Water Distribution Company
Attn: Rick Yartz
P.O. Box 3646
Houston, Texas 77253-3646
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Yartz:
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,
~~T~~
Robert T. Herrera
City Manager
Enclosures
nr"\ n___ '1"1..,1- _ T _ n__.L_ 'T'~.___ "'7""t:''''7'' '111C= _ '''01\ ......,.1 C'tV''''It'
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ORDINANCE NO. 2000-IDA-34
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH GOODYEAR TIRE AND RUBBER
COMPANY, 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 AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. GOODYEAR TIRE AND RUBBER 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.
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PASSED AND APPROVED, this 23rd day of October, 2000.
By:
CITY OF LA PORTE
~A,*4-
Norman L. Malone,
Mayor
ATTEST:
~ ,IJlla- (). }{wit
M r ha A. Gillett
City Secretary
AP~tJ
Knox W. Askins,
City Attorney
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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 cO}jporation of Har.,' s County,
Texas, hereinafter~ed "CITY", and [-/(JtJl,l ,'J ^- ~..? a,vi '-'!f ~'^H.~4
, a 1a...I"fJttfti ) corporation, hereinafterJ
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
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; 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
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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.
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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
wri tten 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 ~ithin the corporate limits of City and appraised
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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
appra,ised each year by the city's independent appraiser,
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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 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
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have 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 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
relev,ant and material evidence on that issue including
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expert op1n1on, 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 Arbi tration 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
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,
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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.
~ -----' /}. /J
/;.;~ Gb-aDya;,e /J~ 'I--;1~ CO
( COMPANY)
By:
ATTEST:
~ (j ,)ftJIJJ!
cit Secretary
By:
~ OF LA PORTE
~;;t,~A ~
'N rman L~ Mal.J:r.!;
Mayor
~-dd
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
OM 1: ~
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
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"EXHIBIT A"
(Metes and Bounds Description of Land)
AUG-25-2000 16:09
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AMERICAN PROP TAX SER INC
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PI!LD NOnS:'
'S..er~5 of l.nd in the Richard 'earsall 1/3 League, Abstract NO. 625,
J.rris County, Toxas, more particularly ooscrlbed a~ followl (All bearings
baing r.terred to north on The Toxas Plane Coordinate System, South Centl'al'
'Zone) : .
8EGINNING .at an iron rod located at the intersection of t:ne south
line of P.l~moDt Parkw., 250 teet in width with the west I1ne of Bay ArBa
Boulevard ISO feet 1n width; . .' . ,~. .
'n.ENe! S.1.00'4S';E. 2182..' faat along the ",'e!P't liDO of Bay Area
Boulevard to ..an l1'oft rod 1ft the north line of the Houston L.lchting & Po~.r
Co~pany rilbt of way as'dcsc~ibed in deed recorded in Volume 7146, Pal.
, '375 of the lIan-ls County Deed Records:
..
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nte.'lCI 5.17-.25"45"W. 1159..1 feat along the north line of said Houston
Llahtiftg I Powor Co.pany right of way to an iron roel; .
. '
TJIEi'\'CE S.17.25 I lS""'f; 343.19 feet a.1ong the north line of said Houston
Lishting & Pawer Company, right of way to an iron rod;
nren:2 H.l.OOf4S''W. 2168.32 f..t 'to an iroA'roc11n the south line
t of Pairllloftt Parkway; ,
t , .
. '!'HENCE N.I'.S21~S"!. 15Q2.75 .Ieat alone th. south iin. of Fain.ont
Parkway to the PLACa 0' IEGIXNING.. ·
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"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.)
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"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 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.
, "
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"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.
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American Property Tax Service, Inc.
Property Tax Consultants ~ re
6666 Harwin, Suite 350 10J U;; t ~ 0 WI rs w.
Houston, Texas 77036 / I f)\ r I
Telephone No. 713/278-0222 I!: I; ,...... V
Fax Number 713/2788-0444 1'.1 W 2 4
Wednesday, August 23, 2000
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), Goodyear Tire & Rubber Company,
Bayport Plant
Dear Mr. Herrera:
As per your earlier request, enclosed please find two executed IDA agreement for
the entity referenced above.
We trust that this meets your requirements and if you should need additional
information on this matter, please c.~ 11
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American Property Tax Service, Ijlc.ASST. c~\'Fr(~.~NAGER i
Property Tax Consultants
6666 Harwin, Suite 350
Houston, Texas 77036
Telephone No. 713/278-0222
Fax Number 713/2788-0444
Monday, August 28, 2000
Mr. John Joerns, Assistant City Manager
City of La Porte
Post Office Box 1115
La Porte, Texas 77572-1115
Re: Industrial District Agreement (IDA), Goodyear Tire & Rubber Company,
Bayport Plant
Dear John:
As per your earlier request, enclosed please find the Exhibit "B" for the entity
referenced above. Late last week we faxed a copy of the Exhibit "A" to Ms. Powell.
We trust that this meets your requirements and if you should need additional
information on this matter, please call.
i:~
Hanson A. Gilan
AUG-25-2000 16:08
~ AMERICAN PROP TAX SER INC
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FAX
COVER
PAGE
American Property Tax Service, Inc.
6666 H;ltwin, Suite 350
Houston. Texas 77036
Telephone No. 713/278-0222
Fax 713/2'78-0444
3:17 PM
To: Ms. Katherine PoweD, Tax Assessor-Collector
La Porte lSD/City of La Porte
Post Office Box 1115
La Porte, Texas 77572-1115
Yuur Fax Number: 281/471-7168
Your Pl10ne No. 281/471-5020, iX 261
Number of pages Including Cover Sheet, 2
if you do not receive aU of the pages, please ull us at 713/278-0222
From: Hanson A. Gilan
Message
Dear Katherine:
As per our telephone conversation of this date, enclosed please find the Exhibit
"A" to be included in with Goodyear Tire & Rubber Company IDA. ,. .../>.
~v~.
Also, this fax memo will confirm that you can fill in the ~ofthe execution of
the contract.
Please call if you have any questions or comments on this matter.
This is a confidential message, intended solely for the per50n to whom it is addressed. If you rcccin~ this message
ID error', plell5e forward it to the correct person or mail it back to U5. Thank you.
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City of La Porte
Established 1892
August 24,2000
Goodyear Tire and Rubber Company
Attn: Hanson Gilan
American Property Tax Service, Inc.
6666 Harwin, Suite 350
Houston, Texas 77036
Re: Industrial District Agreement (IDA) Series 2001-2007
Mr. Gilan:
Two executed originals of the Industrial District Agreement (IDA) were received from you on
August 24,2000. While reviewing the documents for completeness, we noticed your firm did
not furnish an Exhibit "A' or Exhibit "B".
Please send us two copies of Exhibit" A" and Exhibit "B" no later than August 31, 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 me at (281) 471-5020.
Thank you for your cooperation in this matter.
Sincerely,
ems
Istant City Manager
c: Hugh Landrum Jr., Hugh Landrum & Associates
P.O. Box 1115 II La Porte, Texas 77572-1115 .. (281) 471-5020
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ORDINANCE NO. 2000-IDA-35
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH LYONDELL CHEMICAL COMPANY,
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 AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
LYONDELL 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.
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PASSED AND APPROVED, this 23rd day of October, 2000.
By:
CITY OF LA PORTE
N~~~~-
Mayor
ATTEST:
L1!}/Jj1hi, (J. JiJlffi
Mar ha A. Gillett
City Secretary
AP~D:
V~ Zc)
Knox W. Askins,
City Attorney
2
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NO. 2000-IDA--12 {
{
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 LVONO~LL c.W€lY\ll..U.. COMPANY
,a bEL.AwAR-ti 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 are' located in its extraterritorial jurisdiction
as the "Bayport I "'!trial District of La Porte, Texas",
hereinafter colle' VQ , led "District", such Ordinances being
in compliance wit ~iS.' Annexation Act of Texas, codified
as Section 42.04 ;--. '....mnent Code; and
p J-zes
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WHEREAS,
Industrial Di'
legally descr
and said Lan'
Exhibit liB"
site layou~
railroads,
the City ,
Iyz -'Q within a designated
;Y OD " said land being
J.ereinafter "Land") ;
n a plat attached as
.lip boundary lines; a
;luding pipelines and
j previously annexed by
WHF
industr_
desires tv
Ordinance ado1'~
the official minu~
.e expansion and growth of
..:s and for such purpose
wi th Company pursuant to
f said City and recorded in
NOW, THEREFORE, in .on of the premises and the
mutual agreements of the par\.._ ltained herein and pursuant to
the authority granted under the ~_ .1icipal 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
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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 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.
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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 II 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
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
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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,
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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 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
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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 submi t 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
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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
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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.
LYONhELL CHEIYlUAl. ~#)~ANi
(COMPANY)
By:
~ e~t/a-t~
Na~: elllc c.. '/AfLT'Z-
Title: A $SJS"it!Nr SBGIt.-E7,A/l-y
Address:
ATTEST:
'1J/;(jd/J~ ~L14
Cit Secretary
By:
~F LA PORTE
~ /tJ~
N rman~~-
Mayor
~
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
~ T. \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
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\
"EXHIBIT All
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
ARCO CHEMICAL COMPANY
(Metes and Bounds Description of Land)
9
r...\t1.l.1H 1 A "
_ TO I~DUSTRIAL DISTRICT AGREE...'!'
~ BETWEE~ THE CITY OF LA POR
A..'iD
ARCO CHE:-lICAL CO:-IP A.\"Y
E. ~'of I B I -r "A 't
I1ETESAND BOUNDS DESCRIPTION
23.8225 ACRES <1,037,707 SQUARE FEET>
PART OF THE ARCO CHEMICAL COMPANY 100 ACRE TRACT
WIT~IN THE LA PORTE INDUSTRIAL DISTRICT
a~in9 23.8225 acres (1,037,707 square feet) of land situated in
the G~orge B. Mckinstry Lpague, Abstract Q7, Harris County,
T~x~s, and being out of th~t certain 100.0000 acre tract of l;nd
~~nv~y~d to AReO Chemical Company by instrument recorded under
File Number 11728181 and Film Code 182-70-1786 of the Harris
County Official Public Records of Real Property: said 23.8225
~cres (1,037,707 square feet) of land being more particularly
d~scribed by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod found for the northwest corner
of said 100.0000 acre tract, same being th~ northwest corner of
the herein described tract of land, and being in the east
right-of-way lin~ of Bay Area Boulevard, based on 150 feet in
width:
THENCE N 87-26-12 E 2286.50 feet to a 5/8 inch iron rod found for
the northeast corner of said 100.0000 acre tract, sam~ being the
northeast corner of this tract, and being in the west line of a
Harr i & County Flood Control Di str ict Fee St:.ri p, ca lled Oi tch .'C'.,
Tract 2, recorded und~r File Numbe~ 0239800 and Film Code
123-38-0888 of the Harris County Official Public Records of Real
Property:
THENCE 5 10-08-23 E Q50.79 feet, with the east line of said
100.0000 acre tract. same being the west. line of said Ditch "C..,
Tract 2, to . 5/8 inch iron rod aet for th. southeast corner of
this tract;
THENCE 587-26-12 W 2358.03 feet to a 5/& inch iron rod found for
the southwest corner of thia tract and being 1n the west line of
s~id 100.0000 acre tract, same being the east right-oi-way line
of said Bay Area Boulevard;
THENCE N 01-00-45 W Q47.02 feet to the PLACE OF BEGINNING and
containing 23.8225 acres (1,037,707 square feet) of land.
Texas Land Surveying Company
P.O. Box 5825 Pasadena, Texas'77508
Job No. 0108-004C-l October 8, 1990
-------------------------------- ----
Pet@r L. Willms
Registered Professional Land Surveyor
Texa. Registration No. 1742
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EXHIBIT "A-l"
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND LYONDELL CHEMICAL COMPANY
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
District
remain in
expiring
"A-1", the terms and provisions of the Industrial
Agreement, to which this Exhibit "A-I" is attached, shall
full force and effect for the term of this Agreement,
December 31, 2007.
ENTERED INTO effective the 1st day of January, 2001.
LYONDELL CHEMICAL COMPANY
By: ~ ;;/(~ ~Anz-
Title: 7?f,J< (!aUAJ5eL
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"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.)
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"EXHIBIT e"
Page 1 of 2
ROLES 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 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.
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"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 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.
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(/..!
Af.~
,..
.<'
Eric C. (Rick) Yartz
Tax Counsel
~ LYONDELL
One Houston Center
1221 McKinney. Suite 1600
P.O. Box 3646
Houston. Texas 77253-3646
Tel 713 652-7456
Fax 713 951-1628
September 25, 2000
/'1'\ r:: (C ·
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: L, "-"'." '""
II ~,~ :
/I ;' I'
IUUt SEP 2 7 4iuu .
I AO::;"'I Clrj,~--j
~.::.. 0'::'r:;::~NAGER
,~" . , -"'-
Mr. John Joerns
Assistant City Manager
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
Re: La Porte IDA
Dear John:
Enclosed are the following:
Battleground Water Distribution Company
The signed IDA contract for Battleground Water Distribution Company. As you correctly
state in your letter dated September 20,2000, the Battleground Water Distribution
Company is not a "company" at all; rather, it is simply a cost sharing arrangement
among four companies to build and maintain a process water pipeline that runs through
the Industrial District. Equistar is the current manager. As an aside, the companies
refer to this as the "Distribution" Company, not "Supply" Company. I have executed the
contracts in the name of the Battleground Water Distribution Company.
Lyondell Chemical Company
Enclosed is the executed acknowledgement and warranty that the previous Exhibits" A"
and "B" are still current for the Lyondell Chemical Company contract. I previously mailed
you the executed Lyondell contract (which, I'm embarrassed to admit, I found in my in
box shortly after requesting another copy from you).
This should complete the execution and filing of La Porte Industrial District contracts for
Equistar Chemicals and Lyondell Chemical Company.
Annexed Area
I know that La Porte does not have the problem with HCAD that confronts Deer Park
regarding annexed land. Does La Porte have a plat map or any sort of survey that
shows the annexed portion of the land that is included in the La Porte contract's
computation? It's rather academic, given the mechanics of the contract's computations,
but several companies, mine included, have wondered where the line gerrymanders. If
lyondell PetrochemicatCompany
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a plat map is conveniently available, I would like to make it available to at least the major
companies in the Industrial District. . .
Thank you for your attention to this matter. If you have any questions, please call me.
Sincerely,
~l(~r
Rick Yartz
-'
e
\r;,<f"E1VED
.'lA "-'
. P 2 2 ZOOO
City of La PorteTAXDEPT.-LPC
Established 1892
e
September 20, 2000
Lyondell Chemical Company
Attn: Rick Yartz
P.O. Box 3646
Houston, Texas 77253-3646
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Yartz:
In response to your e-mail on September 18, enclosed are two copies of the IDA agreement and copies
of Exhibits "A" and "B" used last series. When a company asks to use Exhibits" A" and "B" from the
previous IDA, we ask that they acknowledge and warrant that the exhibits are current. If changes have
occurred, please send us (2) new Exhibits "A" and "B" no later than September 30.
Please indicate your acknowledgement and agreement by signing and returning this letter along with
executed IDA's. Once these matters are resolved we will present these documents to City Council for
approval and return an original set to you. If you have any questions or concerns regarding this matter
call me at (281) 471-5020.
Thank you for your cooperation in this matter.
Use previous Exhibit "A"
Use previous Exhibit "B"
New Exhibit" A" to be furnished
New Exhibit "B" to be furnished
~
~
D
D
No
o
o
o
o
LYONDLLL c.t+<!'EHI/(.,/ll.- <.bJf\~~N"I
(Company)
By: ~ c..~tU..-5: AS5IsrANTSlClUU,
Name: LYaNtJ€LL ~#/{c.,IIL COMfJIQN'!
Title: ASSIST4#JT >GcJt.~7..Aft-)I
Address: c../" P~PSA.T'I rA~ O'iPI.
p. tJ. jox 3,64fo
Ha,nTo,.., ThXA~ ..,-12.SJ-3i:."'('
P.O. Box 1115 ~ La Porte, Texas 77572-1115 .. (281) 471-5020
~
~
City of La Porte
Established 1892
September 20, 2000
Lyondell Chemical Company
Attn: Rick Yartz
P.O. Box 3646
Houston, Texas 77253-3646
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Yartz:
In response to your e-mail on September 18, enclosed are two copies of the IDA agreement and copies
of Exhibits "A" and "B" used last series. When a company asks to use Exhibits "A" and "B" from the
previous IDA, we ask that they acknowledge and warrant that the exhibits are current. If changes have
occurred, please send us (2) new Exhibits "A" and "B" no later than September 30.
Please indicate your acknowledgement and agreement by signing and returning this letter along with
executed IDA's. Once these matters are resolved we will present these documents to City Council for
approval and return an original set to you. If you have any questions or concerns regarding this matter
call me at (281) 471-5020.
Thank you for your cooperation in this matter.
Use previous Exhibit" A "
Use previous Exhibit "B"
New Exhibit "A" to be furnished
New Exhibit "B" to be furnished
Yes
o
o
o
o
No
o
o
o
o
(Company)
By:
Name:
Title:
Address:
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EXHIBIT "A-lit
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND LYONDELL CHEMICAL COMPANY
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 un annexed 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-1" is attached, shall remain in
full force and effect for the term of this Agreement, expiring
December 31, 2007.
ENTERED INTO effective the 1st day of January, 2001.
LYONDELL CHEMICAL COMPANY
By:
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Title: r,ld)<. ~u,.J? cL
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City of La Porte
Established 1892
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Lyondell Chemical Company
c/o Property Tax Department
P.O. Box 3646
Houston, TX 77253-3646
, SEP 2 I 2000 . , .,
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ASST. orr ~ii/'~:~AGER
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March 20, 2000
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 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 liB" 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.
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Thank you for your cooperation in this matter.
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Enclosures
Yours very truly,
CITY OF LA PORTE
By:
\:?c~~ T. ~~.
Robert T. Herrera, city Manager
P,O. Box 1115 · La Porte, Texas 77572-1! 15 <II (713) 471-5020
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City of La Porte
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March 20, 2000
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Lyondell Chemical Company
c/o Property Tax Department
P.O. Box 3646
Houston, TX 77253-3646
Gentlemen:
By letter dated March 20, 2000, the City of La Porte forwarded to
your firm, execution copies of an Industrial District Agreement for
the seven year term commencing January 1, 2001.
Inadvertently, Exhibit A-I, which was attached to your present
Agreement, was not attached to the documents mailed to you.
Enclosed with this letter are two copies of Exhibit A-I, which I
would appreciate your executing, along with the Industrial District
Agreements previously forwarded to you, and return to the City of
La Porte.
We apologize for any inconvenience that this may have caused you.
Yours very truly,
CITY OF LA PORTE
By:
Q~T.~
Robert T. Herrera, City Manager
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Enclosures
RECEl-1iED
MAY 0 2 2000
TAX DEPT. . lPC
P.o. Box 1115 · Ll Porte, Texas 77572-1115 · (713) 471-5020
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ORDINANCE NO. 2000-IDA-36
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH NOLTEX L.L.C., FOR THE TERM
COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATING ~O 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. NOLTEX L.L.C. has executed an industrial district
agreement wi th 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
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.
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PASSED AND APPROVED, this 23rd day of October, 2000.
ATTEST:
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M rt.a A. Gillett:
City Secretary
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Knox W. Askins,
City Attorney
CITY OF LA PORTE
By: 4fL~~
Mayor
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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 Harri~ County,
Texas, hereinafter called "CITY", and rJOL -rex. L,t.-<- C i
, a De-LAt.JAAE 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, 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
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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.
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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 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 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
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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
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,
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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
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 un annexed portions of company's hereinabove described
property which would be due to City in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the city or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company 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 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
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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,
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corporation or circumst~nces 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:
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al1~(j - J1~<-l/#
city Secretary
~OF LA PORTE
By: ""
orm f1~~
Mayor
w. Askins
Attorney
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) 471-1886
Fax: (281) 471-2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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~TZS AND EOONDS DESCRItI~ON
Being a 14.707 acre (640,628 square teet) (59,515.79 square
me~ars) trac~ wholly con~ainec w1t~in ~he E. I. DuPon~ de Nemour~
anc Company, La Por~e, Ha=ri~ Coun~7, Texas plant ~i~e, and being
ou~ ot Lot 1, Lot 2, and Lot 3, ct ~he S~rang Subdivi~ion, a3
recor~ed 1~ Volume 15 a~ Page 22, ot ~he Har~is County Deed
Reccrc3, 1n the Enoch Brin30n Survey, A-5, La Porte, Earr13
County, T~xas, as furthe~ cony~y~d by deeds to E. I. DuPont de
Nemouxs and Ca. ,as recorded in Volume 8025, at Pa~e 318; Volume
24871 at Page 217; Volume 8111, at Page 60; Vol~e 2488, at Page
2191; by Harr1s County Film File No. 119-31-2191; by Harris County
Film File No. 169-33-0421 and by Harris County Film File No. 135-
39-0587; said 14.707 gross aore tract consisting ot a 14.334 net
acre tract reterred to a3 .. 14.334 acre LEASZD PRE11ISES .. and a
0.373 acre tract reserved by E.I. DuPont de Nemours and Companyj
th~ sa~d 14.707 gross aore trac~ and the 0.373 acre reserved tract
being turther described by me~es and bounds based on ~he E. I.
DuPont de Nemours and Company La Porte plant 5i~e coordina~e
5ys~em aa tollowa:
Commenc1n~ at the original Nor~heast corner ot Lot 3 ot the
aforementioned Strang Subdivision.
Thence, South 00 degrees 08 minute~ 40 seconds West; coincident
wi~h the East bounda=y line ot Lot 3 and ~he Wes~ boundary ot Lot
2; a distance ot 5.00 tee~ (1.52 M) to the exi~ting South right-ot-
way line ot Strang Road ( based on a wid~h ot 80.00 feet ).
Thence North 89 degrees 56 minu~es 20 seconds East; coincident
with the South right-of-way line of St=ang Road; a di~tance of
150.26 feet (45.80H) to a point for cor~~r.
Thence, Sout.h a dis t.ance of 22.67 t ee~ (6.9 Hi) to a 5/8" iron rod
se~ for the Nor~hwe~t cor~e= of t~i~ 14.707 acre tract and the
POINT OF BEGINNING; said poin~ having DuPon~ La Por~a plant site
coordinates North 4600 and Wes~ 5800.12 and Taxa~ S~a~e Plane
Coordina~es Lamber~ Projection South Cent.r~l Zone ( 1927 Datum )
Nor~h 700,747.235 and East 3,255,971.306; and trom wh~ch DuPon~ La
Port.e Honument No. 102; located a~ Du?on~ La Por~e Plan~ si~e
coo=din~~es N 4690, Wes~ 5760; bears N 24 degrees 02 M1nu~es 27
Seconcs E a dls~ance ot 98.53 tee~ ( 30.03H ).
Thenc~ East; along the Nort~ line oi t~e said 14.707 ac=e ~r~ct; a
di~~ance ct 503.40 tee~ (153.44 M) ~o 3 =3ilroac spike ~e~ tor ~he
Nor~hea~~ cor~e= 0= ~h~~ 14.707 acre ~=ac~i 3aid poin~ havi~g
DuPon~ La Por~d plan~ ~i~a cocrd~~3~e~ Nor~h 4600 and West. 5296.12
a~d r~X5~ St~~e ?lane Coo=d~nate~ ( 19:7 Da~um ) Nor~~ 700,774.510
3nd E3~t 3,2So.~73.908;
T~~~Cd Sou~~; al~r.. ~~e mo~~ E~~te=ly ll~e ot ~~e said 14.707 ac=e
t=3.C-:; a d:":3~.3.n~~ u: 222.13 teet. (67. 7'~ ~) t..J a 5/S" :,=:)n .::-od ~eC
~~~ 3 5uut~da~~ C~~~~= or th~~ 1~.707 ~c=~ t=3Ct; ~a:"d pol~~
havtn~ DuP=n~ L~ ?2~:e pLan: 3~~~ C2C=~:~~~e~' No=":h ~J77.87 and
we::5t .5:90 7::
P:lt{~ ~ 'j~ ~
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Thence Wes~; along a South line ot the said 14.707 acre tractj a
dis~ance ot 86.28 tee~ (26.30 M) to a rail road spike ~et for an
interior Nor~hwe5t corner ot this 14.701 acre tract; said point
having DuPont La Porte plant site coordinates North 4377.87 and
West 5383;
Thence South; along an interior East line ot the said 14.707 acre
tractj a distance ot 314.14 teet (95.75 M) to a rail road spike
set tor a Southeast corner ot this 14.707 acre tract; said point
having DuPont La Porte pl'ant site coordinates North 4063.73 and
W.est 5383;
Thence West; along a South line of said 14.707 acre tract; a
distance ot 36.77 teet (11.21 M) to a railroad ~pike set for an
interior Southeast corner of this 14.707 acre tract; said point
having DuPont La Porte plant site coordinates North 4063.73 and
West 5419.77;
Thence South; along an interior Ea~t line of ~aid 14.707 acre
"trac't.; a diB"tance of 81.83 tee't. (24.94M) to an "X" marked in a
concrete curb for a Southeast corner of this 14.707 acre tract;
said point having DuPont La Porte plant site coordinates North
3981.90 and We5t 5419.77;
Thence West; along a South line of said 14.707 acre tract; a
dls't.ance of 75.41 teet (22.99M) to a 5/8H iron rod set for an
interior Sou~heast corner of this 14.707 acre trac~j 5aid point
having DuPont La Porte plan~ site coordinates North 3981.90 and
West 5495.18;
Thence South; along an Ea5t l1ne of said 14.707 acre tract; a
dis't.ance ot 215.81 tee~ (65.78H) to a 1/2" iron rod ~et for tho
Southeas~ corner ot this 14.707 acre tract; said point having
DuPon't. La Por't.e plant site coordina~es of North 3786.09 and West
5495.18;
Thence West; along the most Southerly South line of 5aid 14.707
acre tract; a distance ot 65.90 teet (20.09M) to the SOUthwo5t
corner ot a concrete tooting for a flare; 3aid point having DuPont
La Porte plant site coordinates of North 3766.09 and West 5561.08;
Thence North; along the West side of the concrete flare footing; a
distance of 8.91 teet (2.72H) to a 5/8H iron rod set. tor an
In't.erior Southeast corner; said point having DuPont La Porte plant
site coordinates North 3775 and We3t 5561.08;
Thence Wo~t.; ~long a South line ot ~aid 14.707 acre tract; a
distance of 838.66 feet. (255.62N) t.o a 5/8" iron rod set for
corner 1n 3 7 !oot. ch~in link ranee tor the Southwe5t corner of
t.hl~ 14.707 sere t.rsct.; said polnt having DuPo~t La Port~ plant
~ltd coordlnat.d~ Nor~h 3775 and Wo~t 639G.74;
P31{e 2 of 4
Thence North; alon!tand in a 7 toot chain l~ tenco; a d1~tance
at 505.27 teet (154.01M) to a corner post ot the 7 toot cha1n link
tence; be1ng the most We~terly Northwest corner at thi= 14.707
acre tract; ~aid ~oint having DuPont La Porte plant si~e
coordinates North 4280.27 and Wes~ 6399.74;
Thence East; along and in a 7 toot chain link fence; a distance of
599.62 feet (182.76M) to a corner post at the 7 foot chain link
tence; being an interior Northwest corner of this 14.707 acre
tract; said point having DuPont La Porte plant site coordinates
North 4280.27 and West 5890.12;
Thence North; along and in a 7 toot chain link fence; a distance
of 319.73 feet (97.45M) returning to the POINT OF BEGINNING.
Save and except a 0.373 acre (16,245 Square teet) (1,509.25 Square
meters) tract of land enolosing DuPont's injection well; said
0.37~ acre tract being more particularly de~cribed by metes and
bounds a8 follows:
CommenQ1n~ at an interior Northwest corner of the said 14.707 acre
tract of land; being a corner post of a 7 foot chain link fence;
said poitit having DuPont La Porte plant 3ite coordinates Nor~h
4280.27 and Wes~ 5800.12;
Thence, Eas~ a di~tance ot 40.12 fee~ (12.23M) to the centerline
ot l8th.S~reet to a point tor corner; said point having DuPont La
Porte plant site coordinates North 4280.27 and We~t 5760;
Thence South; along the centerline of 18th. Street; a di3tance of
89.77 teet (27.36M) to a poin~ tor corner; said point hav1ng
DuPont La Porte plant site coordinates North 4190.50 and West
5760;
Thence, East a distance ot 10.00 feet (3.05~)to a railroad spike
set tor the POINT OF BEGINNING at this 0.373 acre tract ot land;
~aid point having DuPont La Porte plant site coordinates North
4190.5 and We~t 5750;
Thence, South 65 degrees 46 minutes 20 ~econds East, a distance at
98.69 feet (30.08H) to a 6/8- iron rod set tor corner; ~aid point
havin~ DuPont La Porte plant ~ite coord1nate~ North 4150 and West
5660;
Thence, South a distance ot 140.00 teet (42.67M) to a 5/8" iron
rod set tor corner; said point having DuPont La Porte plant site
coordinates North 4010 and We~t 5660;
Thence, South 65 dog=ees 46 minutes 20 seconds Weat, a di~tance ot
98.69 teet (30.08M) to a railroad ~plke set tor corner; said point
having DuPont La Porte plant ~ite coordinates North 3969.5 and
West 5750;
Th~nce, Nort~ a di~tance at 2~1.00 teet (67.36~) retur~ing to the
POINT OF BEGINNING ot thi5 0.373 acre tr3ct.
Sdld NOLT~X, L.L.C. .. LEASED PREMISES .. con~3inin~ a ne~ area ot
1~.3J4 3c=e~ or 13nc (624,383 Square ~eec) (58,008.49 Squar~
Metdr~)
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Said 14.707 acre ~rac~ 3ubjec~ to pipeline easements granted to
Union Carb~de Corporation by in~trument recorded under Harris
Coun~y Clerk's File No. D~902287; and to Gult Oil Corporation by
, 1n~~rument recorded in Volume 8570 a~ Page 395 ot ~he Harris
C;?22r~
li. Carlos Smi'th
Texas Rea1s'tered Protesa1onal Surveyor No. 1228
April 28, 1994
REv. 7/19/94
Pa~e " ot 4
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NOLTEX,L.L.C. LEASED PREMISES
~~ uf--
~cd No. i
METES AND BOUNDS DESCRIPTION
Being a 1.467 acre (63,908 square feet) (5,936.65 square
meters) tract wholly contained within the E. I. DuPont de Nerrours
and Company, La Porte, Harris Cotmty, Texas plant site, and being
out of Lot 2 and Lot 3, of the Strang SUbdivision, as recorded in
Volume 75 at Page 22, of the Harris Cotmty Deed Records, in the
Enoch Brinson SUrvey I A-5, La Porte, Harris CotIDty, Texas I as
further conveyed by deeds to g. I. DuPont de Nerrctms and Co., as
recorded in Voltnne 8111, at Page 60 Harris Cotmty Deed Records
,
and by Harris COtIDty Film File No. 169-33-0421; said 1.467 acre
tract referred to as the "ADDITIONAL PARCEL', being further
described by metes and bounds based on the E. I. DuPont de Nerrcurs
and Company La Porte plant site coordinate system as follows:
Conunencing at the original Northeast corner of Lot 3 and the
Northwest corner of Lot 2 of the aforementioned Strang
SUbdivision.
Thence, S 00 degrees 08 minutes 40 seconds W a distance of 5.00
feet ( 1.52 M ) to a point for corner coincident with the existing
south right-<)f-way line of Strang Road.
e
Thence, N 89 degrees 56 minutes 20 seconds E; coincident with the
existing South right-<)f-way line of Strang Road based on a width
of 60.00 feet; a distance of 150.26 feet ( 45.80 M ) to a point
for corner.
Thence South, a distance of 22.67 feet (6.91M) to a 5/8" iron rod
fotmd for the Northeast corner of the "ADDITIONAL PARCEL" and the
POINT OF BEGINNING; said point being coincident with the Northwest
corner of that certain 14.707 acre leased premises as recorded
tmder Harris COtmty Clerk's file Number R014037; said point having
DuPont La Porte plant site coordinates North 4600 and West 5800.12
and Texas State Plane COordinates Lambert Projection South Central
Zone ( 1927 Datum ) North 700,747.235 and East 3,255,971.306;
ct
Thence, South; along and in a 7 foot chain link fence and
coincident with a West botmdary line of the aforementioned 14.707
acre leased premises; distance of 319.73 feet ( 97.45 M ) to a
corner post of the 7 foot chain link fence; said point being the
Southeast corner of this 1.467 acre tract and being an interior
corner of the said 14.707 acre leased premises; said point having
DuPont La Porte Plant site coordinates N 4280.27 and W 5800.12 .
EXHIBIT A-1
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Thence, West; along and in a 7 foot chain link fence and
coincident with a North boundary line of the aforementioned
14.707 acre leased premises; a distance of 199.88 feet ( 60.92 M
to a 5/8 inch iron rod set for the Southwest corner of the
"ADDITIONAL PARCEL" and having DuPont La Porte Plant site
coordinates N 4280.27 and W 6000.
G
Thence, North a distance of 319.73 feet ( 97.45 M ) to a 5/8 inch
iron rod set for the Northwest corner of the "ADDITIONAL PARCEL"
said point having DuPont La Porte plant site coorclinates N 4600
and W 6000.
Thence, East a distance of 199.88 feet ( 60.92 M); returning to
the POINT OF BEGINNING.
;4~~
H. carlos 8mi th
Texas Registered Professional SUrveyor No. 1228
March 15,1995
Revised April 4, 1995
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EXHIBIT A-2
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NOLTEX,L.L.C. LKASED PREMISES
METES AND BOUNDS DESCRIPTION
ADDITIONAL PARCEL NO. 2
Being a 1.467 acre (63,908 square feet) (5,936.65 square
meters) tract wholly contained within the E. I. DuPont de Nemours
and Company, La Porte, Harris County, Texas plant site, and being
out of Lot 3, of the Strang Subdivision, as recorded in Volume 75
at Page 22, of the Harris County Deed Records, in the Enoch
Brinson Survey. A-5, La Porte, Harris County, Texas, as further
conveyed by deeds to E. I. DuPont de Nemours and Co. ,as recorded
in Volume 8111, at Page 60 Harris County Deed Records and by
Harris County Film Code No. 169-33-0421; said 1.467 acre tract
referred to as the "ADDITIONAL PARCEL NO.2", being further
described by metes and bounds based on the E. I. DuPont de Nemours
and Company La Porte plant site coordinate system as follo~s:
Commenoing at the original Northeast corner of Lot 3 and the
No~thwe5t corner ot Lot 2 ot the aforementioned Strang
Subdivision.
Thence, S 00 degree~ 08 minutes 40 seconds W a distance of 5.00
feet ( 1.52 M ) to a point for corner coincident with the existing
south right-ot-way line of Strang Road.
Thence, S 89 degrees 56 minutes 20 seconds Wi coincident
existing South right-of-way line of Strang Road based on
~ 60.00 feet; a distance of 49.62 feet ( 15.12 M ) to a
'b:ner.
~ith the
a width
point for
Thence South. a distance of 22.46 feet (B.8SM) to a 5/8" iron rod
found for the Northvest corner of the "ADDITIONAL PARCEL" herein
after called "ADDITIONAL PARCEL NO.1" and the North~est corner of
'the herein described "ADDITIONAL PARCEL NO.2" and the POINT OF
BEGINNING said point having DuPont La Porte Plant Site coordinates
N 4600.00 (1402.08 M) and W 6000.00 (1828.80 M);
Thence, South; coincident with a West boundary line of the
aforementioned "ADDITIONAL PARCEL NO. I", 1.467 acre leased
parcel, a distance ot 319.73 teet ( 97.45 M ) to a point for
corner in a 7 foot chain link fence, said point being the
Southwest corner of the 1.467 acre "ADDITIONAL PARCEL NO.1" and
the Southeast corner of the hel:'ein descl:'ibed "ADDITIONAL PARCEL
NO.2, and being a point on a North line of the-said 14.707 acre
leased premises; said point having DuPont La Porte Plant site
coordinates N 4280.27 (1304.63 M and W 6000.00 (1828.80 M);
EXHIBIT A-l
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Thence, West; along and in a 7 foot chain link fence and
coincident with a North boundary line of the 14.707 acre leased
~emises as recorded under Harris County Clerk's file Number
~014037; a distance of 199.88 feet ( 60.92 M ) ~o a 5/8 inch iron
rod set for the Southwest corner of the "ADDITIONAL PARCEL NO.2"
and having DuPont La Porte Plant site coordinates N 4280.27
(1304.63 M) and W 6199.88 (1889.72 H)t said point being ,found 0.35
feet (0.11 M) South of the 7 foot chain link fence;
~ence, North a distance of 319.73 feet ( 97.45 M ) to a 5/8 inch
iron rod set for the Northwe5~ corner of this "'ADDITIONAL PARCEL
NO.2" said point having DuPont La Porte Plant site coordina~es
N 4600 (1402.08 M) and W 6199.88 (1889.72 M);
of 199,88 feet ( 60.92 M)j returning to
a. Carlos Smith
Texa~ Registered P~ote~eional Surveyor No. 1228
Fe;bruary 1>> 1999
e
EXHIBIT A-2
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TENANT APPURTENANCE
WAY NO. l-A ( DRIVEWAY ENTRANCE )
Being a non-exclusive right along, over and across the
DuPont La Porte plant site, herein after called Way No. i-A
(Driveway Entrance), for ingress, egress and access to the
ADDITIONAL PARCEL NO.2, located within the DuPont La Porte
plant site; said right being described by the centerline of
said Way No. i-A (Driveway Entrance) as follows:
Commencing at a 5/8 inch iron rod found for the Northeast
corner of the ADDITIONAL PARCEL NO.2; said point being also
the Northwest corner of ADDITIONAL PARCEL NO.1, having
DuPont La Porte Plant Site Coordinates N 4600 and W 6000;
Thence, West; coincident with the North boundary line of the
ADDITIONAL PARCEL NO.2; a distance of 67.00 feet ( 17.27M )
to the POINT OF BEGINNING of Way No. i-A; said point having
DuPont La Porte Plant Site Coordinates N 4600 and W 6067.
Thence, North with the centerline of Way No. 1 a distance of
22.39 feet ( 5.77M ) to a point of termination; said point
being coincident with the existing South right-of-way line
of Strang Road ( based on a width of 60.00 feet) and having
DuPont La Porte Plant Site Coordinates N 4622.39 and
W 6067.
Prepared from coordinates furnished by DuPont and not
surveyed on the ground.
7;(~
H. Carlos Smith
Texas Registered Professional Surveyor No.
February 3. 1999
Page 1 of 1
,
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NOLTEX,L.L.C. LEASED PREMISES
METES AND BOUNDS DESCRIPTION
ADDITIONAL PARCEL NO, 2
Being a 1.467 acre (63,908 square feet) (5,936.65 square
meters) tract wholly contained within the E. I. DuPont de Nemours
and Company, La Porte, Harris County, Texas plant site" and being
out of Lot 3, of the Strang Subdivision, as recorded in Volume 75
at Page 22, of the Harris County Deed Records, in the Enoch
Brinson Survey, A-5, La Porte, Harris County, Texas, as further
conveyed by deeds to E. I. DuPont de Nemours and Co. ,as recorded
in Volume 8111, at Page 60 Harris County Deed Records and by
Harris County Film Code No. 169-33-0421; said 1.467 acre tract
referred to as the "ADDITIONAL PARCEL NO.2", being further
described by metes and bounds based on the E. I. DuPont de Nemours
and Company La Porte plant site coordinate system as follows:
Commenoing at the original Northeast corner of Lot 3 and the
Northwest corner of Lot 2 of the aforementioned Strang
Subd'i vi s ion.
Thence, S 00 degrees 08 minutes 40 seconds W a distance of 5.00
feet ( 1.52 M ) to a point for corner coincident with the existing
south right-of-way line of Strang Road.
Thence, S 89 degrees 56 minutes 20 seconds W; coincident with the
existing South right-of-way line of Strang Road based on a width
of 60.00 feet; a distance of 49.62 feet ( 15.12 M ) to a point for
corner.
Thence South, a distance of 22.46 feet (6.85M) to a 5/8" iron rod
found for the Northwest corner of the "ADDITIONAL PARCEL" herein
after called "ADDITIONAL PARCEL NO.1" and the Northwest corner of
the herein described "ADDITIONAL PARCEL NO.2" and the POINT OF
BEGINNING said point having DuPont La Porte Plant Site coordinates
N 4600.00 (1402.08 M) and W 6000.00 (1828.80 M);
Thence, South; coincident with a West boundary line of the
aforementioned "ADDITIONAL PARCEL NO.1", 1.467 acre leased
parcel, a distance of 319.73 feet ( 97.45 M ) to a point for
corner in a 7 foot chain link fence. said point being the
Southwest corner of the 1.467 acre "ADDITIONAL PARCEL NO.1" and
the Southeast corner of the herein described "ADDITIONAL PARCEL
NO.2, and being a point on a North line of the said 14.707 acre
leased premises; said point having DuPont La Porte Plant site
coordinates N 4280.27 (1304.63 M and W 6000.00 (1828.80 M);
EXHIBIT A-1
-.
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Thence, West; along and in a 7 foot chain link fence and
coincident with a North boundary line of the 14.707 acre leased
premises as recorded under Harris County Clerk's file Number
R014037; a distance of 199.88 feet ( 60.92 M ) to a 5/8 inch iron
rod set for the Southwest corner of the "ADDITIONAL PARCEL NO.2"
and having DuPont La Porte Plant site coordinates N 4280.27
(1304.63 M) and W 6199.88 (1889.72 M), said point being found 0.35
feet (0.11 M) South of the 7 foot chain link fence;
Thence, North a distance of 319.73 feet ( 97.45 M ) to a 5/8 inch
iron rod set for the Northwest corner of this "ADDITIONAL PARCEL
NO.2" said point having DuPont La Porte Plant site coordinates
N 4600 (1402.08 M) and W 6199.88 (1889.72 M);
Thence, East a distance of 199.88 feet ( 60.92 M); returning to
the POINT OF BEGINNING.
-/~~
H. Carlos Smith
Texas Registered Professional Surveyor No. 1228
February 1.1999
EXHIBIT A-2
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"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.)
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"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 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.
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the ci ty , 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 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.
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1C<
City of La Porte
Established 1892
FP-OM
rJoL-ye:)L.. LL. C.
August 17, 2000
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I! ~;'~ r-~~~:~,,_:'2_-'~---'--'--~1 ! ;1 :
ILJUj SEP I 8 am jL:JJ
I' ASST. ell\' MANAGER
. OFFICE
Mr. Bob Rose
Noltex, L.L.C.
12220 strang Road
La Porte, TX 77571
Dear Mr. Rose:
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 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
of the contract, and forward two fully executed copies of the
contract to the City of La Porte.
Executed agreements will be placed on the City Council agenda 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: Q~-t T. ~
Robert T. Herrera, City Manager
RTH:sw
Enclosures
r.U[)(lxlI15. Larllrte,Texas77572.lli'i. (7Il)471.S02l'
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ORDINANCE NO. 2000-IDA-37
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH SOLVAY POLYMERS, INC., FOR
THE TERM COMMENCING JANUARY 1, 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. SOLVAY POLYMERS, 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 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.
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PASSED AND APPROVED, this 23rd day of October, 2000.
ATTEST:
~~OvQ.~
Ma ta A. Gillet
city Secretary
By:
CITY OF LA PORTE
~~~r'
orman L. Ma one,
Mayor
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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 Solvay Polymers, Inc.
, a Dela\'/are 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, 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
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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.
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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
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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
applicable Value Year during the term of this Agreement,
had been within the corporate limits of city and
appra,ised each year by the City's independent appraiser,
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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, 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 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 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 City in accordance with the
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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
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
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expert oplnlon, 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 ~he application thereof to any person, firm,
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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.
Solvay Polymers, Inc.
(COMPANY)
, By:
jJj&"-,, J"&~ .....
Name: William D. Bachman
Title: Vice President - Manufacturing
Address: P. O. Box 1000
Deer Park, Texas 77536-1000
ATTEST:
(/tr)attlJtJJ a. AtLciZ
City Secretary
By:
~ OF LA PORTE
W/.h~
' or an l . Malo e
Mayor
By:
~ T. \.l~
Robert T. Herrera
City Manager
Knox W. Askins
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) 471~2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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h ~ 1.J :; u,.. ~ ~)' i n 9 I r,.: .
HC\l~ 1..:.... ~ 7oe:<~..1
,=-
,..;;:rr-;!. F;(lUrlC)''; Of;"'c~UPTION OF
Tt... ~'rof"...d City c.. L..Pc.rt~ lr.c\l.trlid Limi"tS I <:oca.t<:d on
prtiP<?r t>' :).( "ic., tl:X Pol ~.r(,c~ Cor?,c,:",,,t iutl ~ Ocq:r f'c..r)( I T~y.-..!.,
Int~ro= Am&ric~ loc~\~d In th.. ~icinity 01 LaPort~, T~~"s.
:"'013D't:.o I i~s In th<: Ar.t~,u,. 1~,CO(","icl( Sur'Jay, "b~t.....c"t
I-f..r'r\!> C{'unt~., T,,:<,,~.
tt."
""rid
Tt,l,;
'4c',
TRACT liP." .
..
COI<t-l5:~"O::'Nq ~t tl'.~ "",.t n.Jrtr.~rly nor.the..~~ <;;orner Of th.. Solt.."
Polyrr."" CC,,.;>O/":.tiol'l F-rop",...ty, bet"g l.1",,,l tr..ct erltitl!:d IraCt
.." ccn'J&I'.:ld to ~'olt.x Pol:"..."". Curr-o.,.a"tlo.... by CQlane!.e
CorpOt.A~!~n jn deed recorded 1n ln~ O'Q~ ~ee~rd~ of H~r~i~
COU"11'. TlClo:&S under FII. N""S-3el;'6S6 ",,,a FIlra' C\;;c;:e
NQ.II2-13-14ge <Soli<<x Trac"t "'''). sala p~ird; lies aj>~'.-oxim..tely
cen~e,.11nQ of Miller Cut-Off Road, and i~ N.87-2a-eD-(., ~
d!'t~~c; 0' 3eea.9 feet from th~ ~en'l:D,.1 In~ of Sta"t~ Hl~hu~y
1113<1:
Thence S.20-!::!3-00'lol. \I ith trl~ cast I ir,., of .aid Tr~c:t
dU't..nc~ o~ 32.71 I".~ to th" PO!l-lT OF S!2GH-i:'-lINO;
.1 .. ,
a.
'the"ce S.S7-li!S-e0-W. with thg South linll of Mill"r Cut-Oil Roa.d
(S0'R.O.W.), _ dl~*Anc.. of !04~.qS f~g. to a point:
Thencg s.e~-eS-CO-E. a~d passing the noriheas~ corner of a
3.~CIS 6e~~ H~"c:~Je~ Inc. tr~c:t, a d;~t~nce 01 SqS.4~ 1ee't to ..
Point, s~ld point being thQ '~YtheA~t c:orner of said HQrc:~les
Ine. tl':,.::t:
Thenr.:q S.87-23-0e1-W. ",ith HIe :sollth 1 ine of ,a.id
?4ll\19 ~erf: t,...c'l: ..r.d ..i-I:h the r.out.l. I in.. 01' a.
HQ,.culp.S !~e. t"..c:t. ~ di"t~nc~ 01 4US.Se Teet to
HcrC;\JIlC&
20.3Gl:'6
A pOint;
Inc.
Aer..
Thence !LC,2-25-01!l-E:., a dist..nc:.. of 516.57 feet. 'to .. po int:
Thence N.a7-28-00-C. i distanc.. of C!1e f;:D"; to a poln.tJ
Therlce tl.B2-29-eo-w., .. dist;,.r'~e of 'lle.57 feet to 1& Point:
Theh.:e N.87-<:S-ee-t::., b. diftanCE, 0(. 33~.S0 fliHd to a. j>clnt:
lL....: '~
I' ..:/e I of <1
EXIlmIT IIA"
(... ..............
. t.
--~
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n.'it'oC' N.C2'2-::-.~.l:."'_\'J. I ~ d i.:t1nce 0-1 B:jB..43 -tec::1. \u do ,..u i.n~;
~
Tt,\,,,C~ tl.:3:'-:;"$-OO-E.. 90 feet ~c;o"ttl ..nd r>;"r.-i lei to the <o'-ut"
!ir'~ Uf !.o{d 11ill..r Cut-Out ROad, !l di~t$.nct": 0+ 913S.S0 '..:.t "to A
a::." i r. t c ( i: r. lOr ~.: ~ t I i r. Q 0 1 :- ~ i d T"..., C 't "1" ;
Th4!::"lce N..2e-S:S-0~-E:., u 1'1\ SA id e~~ t 1 inc: 0 (
<!,..-t;,r,c, o{ :"l~,(la .,,,, tc th~ POINT C,F e!;G li"I~Jl~~.
6 . 77~ ~;: r "S i) t l..n d rrlo r." "" Ie. i. .
~
Tr a. ct. 1 .. ; .i.
...n de., n "t" in i r..9
TP.ACT '9'
eEC;H.N:N~j;.t ~ polnt in thv north lin~ of... 3.5<;1 aC..e tr..ct cd
l;,nd cor,v~>'"d ~"om e"lle 1'1. Cr..po to H.L..& P. Co., r"c;o..caa in
Vol.2cll9, P;''Jes 525-527, HeOR, 3/10/5C, ~...id fooin-t .d.o tlelra9 in
-I:h.. ....~-I: rioht o~ "...y linv 04 St~tv Hi~hll4.Y H13"! (l~a'R,O,~'J.),
4.:"Id 15 S.02-2~-a0-e:. II di~t...nc.. of 172 fe..t .""'QfA TRIiCT '0' m.,~t
uO"'Corly "outh COrn..r:
Thll"clI t1.01!-29-oe.w. lllonl/ the ll~st right Of 'Jay line:
Hi~hu...) HI~4, ~ ql~t_nce of aa f~~t to A pOlnt:
o f S"t ate
Thence N.1l7-ZS-ell'l-E:., all:.r.g U.e ~ outl) I ine of a e. SSSCl ACre
tract cO~I"'e)'ed fror,\ N..ujQ...tlc;.r. Dtstr-ic:t to H..,mblc Pipql in~ Co.,
...ecord..d in 1/01. 37:3S. Pll. H."l-1G9 (HCOR>, t/21/58, il dl&t...nce
04 IO~ I~~t t~ A point'
ThencR S.D~-29-ee-E., A di~t~nce o~ 22 levt in a potn"ti
ThllnclI S.a7-aS-'3e-w.. 'i d (sta.nce 0.. lClCl 1'~"t to the POINT OF
BE:G[NNIN3 ~nd c....nt..irdr.'J n.0~o::: 'l.C"...s of I..rod rnore 01'" 1..~:<,
TRACT .C.
Bf:Gtrt-lIN~ ...~ ... po int in thq East right oT WAy tJ-r St..st" Hi~h"'ll)l'
~134. ~~i4 p....lnt ~l~~ on the .south lin.. of th.. ~foI"'QmQnt!onRd
3.541 aCrt tl"'~ct of I..nd co~uQYQd from allll. ~. Cl"'apo to H.L..&
P. ~Co.. I"'~~....~d~d in Vol. ~41S, P9.SS5-527 cHeoR>, 3/1B/Sa, ~nd
Is S.'/l~-:22-00-;;:., ... di~t"'nc.. of 75 4'o<<t ":r.Co,r, TRACT "e' moat
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(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.)
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SOLVAY POLYMERS, INC.
SOLVAY INTEROX
TRS 1 1C 1-1 1K 1M 4J-2
(002*PT TR 29)
ABS 46 A McCORMICK
242.4074 AC
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"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 identif ication 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.
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"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 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 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.
10/17/2000 TUE 15:09 FAX ~589 9644
PROTRAC INC
e..-.
'-"-"'-"'--
I4J 002
Ad ~lol'lfm Services
1160 DArRy ASHFORD
SUITe :230
JiOUSTON.lIiXAS 7707\;
~~ 15119.()56~
FAX J~UIN,,,,(,.g
www.protl"'<lcinc: .~'t1nl
October 17, 2000
Ms. Kathy Powell
City of La Porte Tax Department
604 West Fainnont Parkway
La Portet Texas n572-1849
BE: SOLVAY POLYMERS & SOI.VAY rNTEROXSJTE PLAN
IDA EXHIBIT "B"
Dear Ms. Powell:
Pursuant to our discussion, this letter is in request for the City of La Porte to use the
"Exhibit B" as provided in the previous industrial district agreement by the above
referenced property owner for the C'L1I1'ent agreement.
Thank you for your cooperation and please feel free to call should you require additional
information.
-------
VIA F ACSIMlLE
10/17/2000 TUE 15:09 FAX ~589 9644
PROTRAC INC
e
~001 '.__
PRCTRAC
Inr.
I J 60 OAIRY ASHPORD
SUITE 230
HOUSl'ON, TF.XAS 77079
. 281.589.0562
FAX 281..589.9644
www.pmtnac:inc.coln
Ad V(JI(Jr(!II1 Service.'
FACSIMILE TRANSMISSION
TO:
MS. KATHY POWELL
DATE;
October 17, 2000
PHONE:
281.471.5020
FAX #:
281.471.7168
NUMBER OF PAGES TRANSMITTED (INCLUDING THIS PAGE): -1
FROM:
Russell L. Spalinger
IF YOU SHOULD FAll.. TO RECEIVE ALL PAGES OF TIllS TRANSMISSION OR
mE TRANSMISSION IS ILLEGffiLR PLEASE TELEPHONE (281) 589-0562
IMMEDIA1EL Y.
OUR FAX NUMBER IS: (281) 589-9644.
COMMENTS: Kathy - Please can iiI may be of farther umtanee.
Russell L. Spalinger
NoIicc of Ccefidealilllity:
This UICSSIIJIIl c:oataics idmr1ado1l which ~ be ~f1"_,,1 pnd Is imeadcd 0IIly 1l:Ir the lJSC of tile ~ ABy disdoJurc:,
copyia:, distn'buaoa 01 use:: of this ln1'ormatioA by anyone: ds8 is strictly poIllbJ1ld. It)'Ol& Ium: T1l\lGived tbis .&.:mnilc in cnor,
plcuo DOtlt'y u:l immcld.iIItdy by tdqdlonc 1& (281) S89~62 so dlatwe may ImIIIp to Rtti&w it alno cost to you.
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ORDINANCE NO. 2000-IDA-38
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH SOLVAY INTEROX, INC., 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 AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. SOLVAY INTEROX, 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.
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PASSED AND APPROVED, this 23rd day of October, 2000.
ATTEST:
~()liIitL 0 jLu;tI
ar ha A. Gillet
City Secretary
CITY OF LA PORTE
i::~
Mayor
By:
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NO. 2000-IDA- 38 {
{
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 Solvay Interox, Inc.
, 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, 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
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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 ci ty' 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.
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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
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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,
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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 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 with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the city or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
City of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have 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
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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,
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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.
Solvay Interox, Inc.
(COMPANY)
Address:
,f/J By :
Name:
"
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77536-1000
ATTEST:
c.p;alJ};tt; {l. Autt:
City Secretary
By:
~F LA PORTE
~~
/ rma~~
Mayor
AP~dd
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: (281) 471-1886
Fax: (281) 471-2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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Boundaries of Solvay Interox Land on the Solvay Polymers Plant Site.
Start Point: Beginning at Lambert Coordinates of X=3,243,099.50, Y=706,947.98;
thence South 20055'30" West, a distance of 1224.24 feet to a point; thence
South 8r32'05" West, a distance of 208.18 feet.
Main Plant Site:
From start point described above;
THENCE South 02027'55" East, a distance of 190.64 feet;
THENCE South 20055'30" West, a distance of 550.00 feet;
.w
THENCE South 8r32'05" West, a distance of 270.23 feet;
THENCE North 02027'55" West, a distance of 240.50 feet;
THENCE South 87~2'05" West, a distance of 230.00 feet;
THENCE North 02027'55" West, a distance of 540.00 feet;
THENCE North 87032'05" East, a distance of 755.00 feet;
THENCE North 02027'55" West, a distance of 440.00 feet;
THENCE North 8r32'05" East, a distance of 155.00 feet;
THENCE South 02027'55" East, a distance of 145.00 feet;
THENCE North 87032'05" East, a distance of 40.00 feet;
THENCE South 02027'55" East, a distance of 230 feet;
THENCE South 20055'30" West, a distance of 71.60 feet;
THENCE South 8r32'05" West, a distance of 165 feet to start point.
Administration Building:
From the start point:
THENCE North 8&'28'56" West, a distance of 1151.27 feet to new start
point;
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THENCE South 8r32'05" East, a distance of 160.00 feet;
THENCE North 02027'55" West, a distance of 160.00 feet;
THENCE North 87032'05" East, a distance of 160.00 feet;
THENCE South 02027'55" East, a distance of 160.00 feet to administration
building start point.
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CDrpOr&t!~n in deed reCorded In t~e DlleQ ~r.c~rd, of Harri.
County. TllX~S under Fll~ ~b.5:-315::lBS6 "r,o Fllrn Cocte
NQ.tlc-1S-1490 <Soltllx Tract "l"~. S.dcl F-~ir:-l; lir.s al'-f....oxim..tely
cen~erl!n.. of Miller Cut-O.H P.oad. Ilnd i~ N.S7-29-eO-(., lJ.
dl~~~nc~ of 3es3,g feet 'ro~ th~ eent~rl Lnr. of Statr. HIgftuay
11134:
Th~nct: S.2a-e~-OD.I.s. uitb HIt: ~iUt I ir,l< of iaid TrAct
d1st~"cr. 00(. 32.71 feet to tho;: POIliT OF e~GtNNIHO;
.1 . ,
JL
'th~"ce S.8'1'~2S.f:"-W. \.lith 'thl! South Iin\! 01 Miller Cut-O'U Roa.d
CSe'R.O.W.l. . dl~*a"c" o~ !04~.~S f~~~ to a poin~:
Thene\! s.~~-eS-C3-E. 4nd pa!.~ino the ~Qriheast corn~r of ~
!.a31G Ae~~ Hyrcull<~ Inc. tract, a di~iftnce of 8QS.4e feet to a
~Qint. ~~jd ~Qini being th9 iD...the~~t CQrner of saId Hqrcules
Inc. tl""c::t:
Thenr.:.. S.87-e3-00~W. uith Hie :'ollth 1 ir,e. of $aid
1'.4(!\IS Acre tr:.ct a.r,d .. ith the ~outJ. 1 in.. Of a
HGrculp,s I~c. t":.ci, a dist~nc~ 01 4S5.se feet to
H"rculQli
~0,~~1::!6
11 pOln~;
tne.
ACI"c:
Thence S.0;2-2S-00-1;:" ~ dist..n.::" of 516.57 feet to Ir. point:
Thenc':! N.97-28-0El~E.. 6 d istanclll of cta f\'"t to a po Int;
Ther,ce N.e:?-23-00-W., .. dist...r,ce of tl1S.57 -feei. to " poini.:
Then.::e N.87.~a-eO-~., A djitanCt: of 33~.5e fQQt to a polrtt:
~
P.\lf: I c.f 4
EXHIBIT "A."
. .
c...~'
-- ---"...
lI!I
e
e
n...,.,. t..I.~2-:?';'.OI'-\.J. I .1. d i:.'t..\.n.;e OT 6:i6.~3 iC'~\ tu 41& YU in't:
c= .
n.,""," 11.:37-,,';3-0(l-G:.. 90 fe.t 1<;o"tt. ;',H' ,.;.r..llel to the ~,.utro
!ir.e u{ !.e..{d t1ill..r Cut-O""t ROa.d, a di::.t.ar..nce: 0": 9~G.50 .~i:' 'to A
P &) i r. t (( t r. G ~':::' 1 1 i r. ~ 0 f ~. A. i. d T,. ~ c 't . 1 . ;
".
The,.,,,. N.2e'-<;;'::-01/1-!::.. "'t,,, ~aid ......t line ,,( Trac:t '1'. oS
C;~'::.r.c:' Q{ ~"\ILe~ .,., ,,, the: POINT C,F Ell;:GIH~II..:; ...nd <:on1:o.in;r.9
6.772 ...::r",~ 0)' l.:.n<;1 ,~.,r', t." le.s..
TP.A':T '9'
e:er,'r-N:"J:j ;.t ~ PO Int ir. the north I in" oof ;. 3.::141 ..e.-" t.-act of
I...nd c:or.v",~...d -Irom e..ll.. "'. CrapO to H.L..S. P. Co., r"Co'-Cled in
Vol.2419, P:'o;les 525-5<:7, HeOR, 3/10/52, "",id ,,"oint ;.1.0 Deln9 in
th.:o ..:ut ri!lh.. o-f "4)' linQ 9' St;)1:e HI\lh\/..y HI::;'! (l~e'R,o,\'I.),
.:'Id Is s.(;)~-a:::l-e0-f:. a di.tanc", of 172 .eet ;"9m TRflCr '0" m:;>~t
u..~t..rly ~outh earn..,.'
ThQ'lce tl.a~-29-Ele~w. ..Iono the &;I,5t rIght Of >JaY lir.<: of State
High"..~ 11I~4, a q Is.t.nee o-f ae f....-t 'to .. ,,"0 int;
Thonc:" 1~.e7.aS-0e-e:.. ..Ic:.f.g H.I: ~ou1:h I inll
tract CO~uI:Yl:d f~o~ N~vi~~tI9n 01.t.-ict 'to
rccord..d in \.'01. :il;>36, Pg. IS'!'ISB (HeOR>,
01 100 .~~t ~9 a po;n..'
of a e.Sa9~ ~cr.
Humble Pipqlinll Co.,
1/21/Sa, . distance
Then~1l S.ea-~3-ee-€., A di~t~nce of 22 f~e~ to a pOint;
Thence S.a7-2a-~e-W., ~ dls.tAnce ~~ IOe f~~t to the POINT OF
QEGll':-HN~ ..nd cCont~if';r.'J a.0;Q::; 'l.C/"CS o. I<<r.d more or 1",~1',
~lln~Q N.S7-31-aa-e:.,
di~t..n". of 210 fOQt to
alon9. the
:.. point.:
~aid
3,;>4{
acre:
-traCt.,
a
TRACT 'C'
Sr:QlttHN'J ~~ .. poin-t in thq east right of waY:J~ State High...,,)"
UI~4. ~~i4 ~o(n1 ~l~~ on the south line of 'th.. ~forom~ntaoned
3.541 aCrt tr-.ct of I..nd co~uQYQd fro~ ael I. "'. Crapo to H.L..&
p. "Co.. I"~O;9r.d",d If. ',/01. ~4IS, P9.SS5~S27 (HCDR>, :</1121.'52, and
Is 3.'Il:=-'2g-00-;;:., .. di.tAnc", of 7S fe",t ';r'~ill TRl'tCT "13" moa1:
~Duth.rl~. I:Q"~ corl'"i4iu"':
The~ce S.e~.23-e0-E.. a distance of 672.5 T~et to a point;
~--;:z
file:;., 2 Co' <1
EXHIBIT "A"
i
..
1
c. --....J
__ ---w
~
---------------------------------~------------------------------------------------------------------.
. ,"..,,';'
-~
It
e
TI-..,,::e N..e7-~1-0e-~., .. "i:.t~:'lct vI 370 'fee"t to 0. pc:.. "It:
r:::;
T~..,~,c" H.a:2-;;~-"O-l.!.. iI di~t..~,<;Q Oi .::7C (c,,~ Hj .. I'Oi:,t;
'"
r,;,r.cQ. N.e7-:"31-0l)-E., ... di~tan.:c: 0'; :;'=7 fc:et: tQ 0. /Joir.t:
Th~r.ce S.t~-2~-0~~~., ~ dl~t&hce of 27e f~et to a point:
Th",,:, 1~.97-3J-aa-~., .. di.t..rlce 1;,1 E:13 '''lOt to ~ ~ol.nt;
Th~nce C.02-eS-aO-E., a di3t..nc~ oi S5~ .~~~ to a poi~t;
Ther.<;lo: S.87-:3J4ee-tJ., a. di.tance o. ?7a f~et tQ 4. pOintJ
Th~nce N.aa~ag-60-W., ~ dista~ce 0; 43~ feet to a poi~t:
Thence s.ei"-:n-\!\13-t~., . d ittance of 37~ .;eet to .. t'G lr,ti
Th~I'<;Q S.CZ-2'3-e~-c:., .. d i~t...nce of ~:?e f..et ~o .. ;>0 ir,t;
Thr:nCQ S.S1-31-(3(3-!-1., a d bt;.nt;Q 01 4Sel ,....t to a po ir,t:
Thence S.02-a9-0e-E., & dj.tance of l~~a.S feet to . pointi
~ence 5.S7-31-eO-W., a di~ta~ce o~ l~Q ~eet to ~ ~oint
eJ\;~ P.~SII\t "f W..y 1 inc o~ .adci Ct...~c; HIIll"l",<<)' 111:)4:
in thQ
Tl';,n".. N.02-<!9-CO-W,. ~l;lng th" l:~.t :'19~1't of 1(4)"
~'.~e H!~hu.~ ~1~~. . di~tane~ of e~:5 f~~t to
arC:I~jlH~:::: ~nd l:ont...ir,ir.5 ~0l.7':l """";' r;;f l:a.:lc :'\".;:>1"..
1 1r. ~
H,e
o;,f s..id
PC .N1' OF
Dr les!..
I.
-n::P.CT .0.
!:,~C;I~"'IItro an ~h& ;,Ol.lt~. ! i"oi of lo~or"'I,ellt ione.d Tr..l:t
b~in9 tho narth I in" 04 3.~9 acre tr~c~ COftveyed frDm
Co~~~r~~i9~ to Humb!q Pipeline Co~ r"~or~Q~ in
PS.2~2-206 <HeOR>, I~/Ie/?a, ~nd tl"le c..~t rlgl"lt ot ~a~
Sht<l H:;hu:w f11:N (!2B'R.O.W.):
II 1 . , at.!.:.
eLl b.(.'!:!..!e.
\Ie 1,7452.
1 H,Q of
"'.erlee N.~;?-~3-0-()-I..., ~ d:.t..nce r.f 1161.:08 flOat tc.... ,,':'In'\. (,1\
...~
P"3e :3 0.. -i
~IIBIT "A"
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, Qo C. ':: ~ (I ~ ...:J: r. "": :
~h.~c. !.~a-Zg-e0-E.. ~ di"~~Ci
"t.e ;-t':d '.(>\ltt. lir..:. o~ Tract "1"}
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),r,<: Q' (1 f
~lCi.~~ ;~~t tu 4
i'Olrot
~o?t.,':: i ~ .S7-!;:~-C:~-~J.. u ittl ~o id :..outh ~ inil do
/~..t t~ '.h.. POr~IT Of:" BEG INNIN:: ..nd C;C."t~l(liro3
1 ;'I"'~ :T..,r lit 0:"" 1 e!.! .
TOT<\L ACP.Et'GG;
TRf:CT -A" 8.71
TRACT 'e" . Ii), ~5
T?AC-r 'C. 22.73
l'R'ICT '0' 2.607
TOTA~ 32.24 acrc.'l
~~
N<!alD. k'i Ill":!,, '.m........
0...1;..: S~vt"mt."'r- 12. lSSe
Po.s" 4 of .;
EXHmIT "A"
d j ~ ~ -'(1; ~ 0: f
l.567 ..c,.~;
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lElIJ
on
ll'le
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"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.)
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c............. __
SaItax Polymer CorporatIon
.._...a._.c... .....-
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~LAN1- PLOT ~_ .~
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.EVIS.....
CElANESE CORPORATION Of AMERICA
-~~ ._-
PROPERTY MAP
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"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 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 l~ndscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"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 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
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.
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PROTRAC
inc.
1160 DAIRY ASHFORD
SUITE 230
HOUSTON, TEXAS 77079
281.589.0562
FAX 281.589.9644
www.protracinc.com
Ad Valorem Services
October 11, 2000
r~ r;; r(\!
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Ms. Crystal Scott
City of La Porte
P.O. Box 1115
La Porte, Texas 77572-1115
RE: INDUSTRIAL DISTRICT AGREEMENTS
SOLVAY POLYMERS & SOLVAY INTEROX
Dear Ms. Scott:
Enclosed you will find two (2) signed originaL La Porte Industrial District Agreements
complete with exhibits for each of the above referenced entities. Once these agreements
have been fully executed by the City of La Porte, please return a copy of each to my
office.
Thank you for your patience in this matter and please do not hesitate to call should you
require anything further.
Yours truly,
Russell L. Spalinger
Enclosures
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ORDINANCE NO. 2000-IDA-39
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH HUNTSMAN POLYMERS
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 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.
HUNTSMAN POLYMERS 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
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.
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PASSED AND APPROVED, this 23rd day of October, 2000.
ATTEST:
Lfri (jA J/rdJ (). ./fJ.Iu!-
Martha A. Gillet~
city Secretary
By:
CITY OF LA PORTE
~,e.,~~---
'N rman L. Malo ,
Mayor
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NO. 2000-IDA- 39 {
{
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 JlVlIJr,s,f1A,u I"oI...YI'1EIl.s t.b/V'tI/tATlo,,)
, a ..1JeJ../IIlANI/lE' corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the city Council of
the c~ty 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 ofCi ty'referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
It
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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 I
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 ci ty , 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.
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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 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 II in lieu of
taxes II on Company I 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
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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
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,
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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 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
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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 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 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
arbi trator 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
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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 Arbi tration 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 wi th 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
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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.
#"'Jtl7'J~.4"'" ;:?1..'I""tlYl.f {'~dA" no,./
( COMPANY)
By: ~t1~
. me: rJer"p'= J..... /'tod/t/,hIN
Tl.tle: bri.ec.nut. - l:~'lJe., /If) vAl.u",&If ur.t1J
Address: Joofo A.rr tlJt1x L1LVi'.
~ v.f nurJ r x 7 7orC,
ATTEST:
11/flwbv (j ~.
cit Secretary
iY OF LA PORTE
By: 1/#ttA..7I?u 2::----"
, orman r:. Malo~
Mayor
AP~%ddr
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. Bo~ 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 471-2047
8
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"EXHIBIT A"
(Metes and Bounds Description of Land)
e
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"EXHIBIT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
I-!v~TU"1,q"'; /1;L:lPlI:7'lJ C/l/tJ~Arro~
TRACT 3
METES AND BOUNDS DESCRIPTION
16.9560 ACRES OUT OF THE
GEORGE B. MCKINSTRY SURVEY, A-47
HARRIS COUNTY, TEXAS
All that certain 16.9560 acres of land out of the George B.
McKinstry Survey, A-47, Harris County, Texas and being more
particularly described by metes and bounds as follows:
Commencing at a found 5/8" iron rod marked No. 2764 located in the
most westerly line of a 230' Harris County Flood. Control District
Fee Strip as recorded in Volume 8260, Page 124 Harris County Deed
Records at its intersection with the south right-of-way line of
Fairmont Parkway (250' wide); Thence S 07015' 29" E - 1,125.31' to
a found 5/S" iron rod marked No. 2765; Thence S 340 58' 10" E-
1,267.11' to a found 5/8" iron rod marked No. 2766; Then S 340 55'
38" E - 436.38' to a found 5/8" iron rod; Thence S 350 19' 52" E -
130.16' to a found 5/8" iron rod marked No. 2775 marking the
northwest corner of that certain Tract 3 as described in a deed
dated 3-14-1974 from Friendswood Development Company to Dart
Industries, Inc. and El Paso Products Co. filed in the official
public records of real property of Harris County, Texas at Clerk
File No. E-150575, Film Code No. 103-11-0868 and being the POINT OF
BEGINNING of the herein described tract;
THENCE S 340 54' 13!' E - 330.83', with the west line of said 230'
Harris County Flood Control District Fee strip, to a found 5/8"
iron rod marked No. 2776 for corner;
THENCE S 020 23' 41" E - 1,426.49', with the east line of said
Tract 3, to a found 5/8" iron rod for corner.
THENCE S 870 31' 44" W - 717.34', with the south line of said Tract
3, to a found 1" cap in concrete for corner.
THENCE N 150 09' 04" E - 1,789.70', with the west line of said
Tract 3, to the POINT OF BEGINNING and containing 16.9560 acres of
land, more or less.
'''.lit .1.
e "EXhIBIT A" - ContirluA!t
TRACT 1B
METES AND BOUNDS DESCRIPTION
347.1676 ACRES OUT OF THE
WILLIAM A. JONES SURVEY, A-482 AND
THE GEORGE B. MCKINSTRY SURVEY, A-47
HOUSTON, HARRIS COUNTY, TEXAS
All that certain 347.1676 acres of land out of the william A. Jones
Survey, A-482 and the George B. McKinstry Survey, A-47, Harris
County, Texas and being more particularly described by metes and
bounds as follows: .
BEGINNING at a found 5/8" iron rod wi th cap marked No. 2764 located
in the most westerly line of a 230' Harris County Flood Control
District Fee Strip as recorded in Volume 8260, Page 124 Harris
County Deed Records at its intersection with the south right-of-way
line of Fairmont Parkway (250' wide);
THENCE, S 070 15' 29" E - 1,125.31', with the west line of said
230' Harris County Flood Control District Fee Strip, to a found
5/8" iron rod with cap marked No. 2765 for angle point;
THENCE S 34058' 10" E - 1,267.11', continuing with the west line
of said 230' Harris County Flood Control District Fee Strip, to a
found 5/8" iron rod with cap marked No. 2766 for corner;
THENCE S 550 01' 27" W - 299.99' to a found 5/8" iron rod for
corner;
THENCE S 340 56' 41" E - 687.25', with the east line of that
certain Tract 1 as described in a deed dated 3-14-1974 from
Friendswood Development Company to Dart Industries, Inc. and El
Paso Products Co. filed in the Official Public Records of Real
Property of Harris County, Texas at Clerk.File No. E-150575, Film
Code No. 103-11-0868, to a found 5/8" iron rod for corner.
THENCE S 150 07' 08" W - 1,266.28', continuing with the east line
of said Tract 1, to a set 5/S" iron rod with cap for corner;
THENCE S 88003' 07" W - 3,727.54' to a set 5/8" iron rod with cap
for corner;
THENCE NOlo 56' 03" W - 4,002.28' to a set 5/8" iron rod with cap
for point on the south right-of-way line of said Fairmont Parkway;
THENCE NOlo 56' 03" W - 103.18' to a point for corner;
THENCE N 860 48' 05" E - 3,177.67' to a point for corner;
THENCE S 070 15' 29" E - 41.65' to the POINT OF BEGINNING and
containing 347.1676 acres of land, more or less.
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"EXHIBIT C"
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 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 l~ndscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
~ ~~~~K.~~O.GvR~~ 0'''.
ExHl8I Tit"
October 11, 2000
FTFT n NOTF.~
Tract I-A
City of LaPorte
Description of a 194.9 acre tract ofland out of a called 509,2839 acre tract referred to as Tract 1
in a deed to Dart Industries, Inc, and El Paso Products Company as recorded under Harris County
Clerk's File No, E150575, in the William M. Jones Survey, Abstract No, 482, in the City of
LaPorte, Harris County, Texas, said 194,9 acre tract being more particularly described as follows
(with bearings referenced to the Texas State Plane Coordinate System, South Central Zone,
NAD83):
COMMENCING at a point which marks an interior comer of a called 162.2695 acre tract
referred to as Tract 1A in a deed to Lyondell Polymers Corporation as recorded under
Harris County Clerk's File No, M514702;
THENCE, North 01056' 28" West, along an easterly line of the said 162,2695 acre tract,
a distance of 1,672.24 feet to a point in ~e southerly line of the said William M, Jones
Survey and the northerly line of the George B. McKinstry League, Abstract No, 47, said
point marks the southwest comer and POINT OF BEGINNING of this herein described
tract;
THENCE, North 010 56' 28" West, continuing along an easterly line of the said 162,2695
acre tract and the westerly line of this herein described tract, pass at 2,326,65 feet the
southerly right-of-way line ofFainnont Parkway (a 250-foot wide right-of-way), and
continuing for a total distance of2,435,19 feet to a point in the northerly line ofthe said
509,2839 acre tract which marks the most northerly northeast comer ofthe said 162,2695
acre tract and the northwest comer of this herein described tract;
THENCE, North 86049' 34" East, along the northerly line ofthe said 509,2839 acre
tract, a distance of 3 ,177.44 feet to a point in the westerly line of a 230-foot wide Harris
County Flood Control District fee strip described in a deed recorded under Harris County
Clerk's File No, D239800, said point marks the northeast comer of the said 509.2839 acre
tract;
THENCE, South 070 15' 36" East, along the westerly line of the said Harris County
Flood Control District fee strip and the easterly line of this tract, at 41.65 feet pass the
southerly right-of-way line of said Fainnont Parkway, and continuing for a total distance
of 1,167,12 feet to an angle point;
THENCE, South 340 59' 09" East, continuing along the said westerly line of the Harris
County Flood Control District fee strip, a distance of 1,267,1 I feet to a point for comer,
said point being the northerly comer of a tract described in a deed to Exxon Corporation
as recorded under Harris County Clerk's File No, P282860;
THENCE, South 550 00' 51" West, along the northwesterly line of the said Exxon
Corporation tract, a distance ofJOO,OO feet to a point for the westerly comer of said
Exxon Corporation tract;
THENCE, South 34059' 09" East, along the southwesterly line of the said Exxon
Corporation tract, a distance of90.13 feet to a point in the southerly line of the said
William M, Jones Survey and the northerly line of the said George B. McKinstry League
which marks the southeast comer of this herein described tract;
See Page 2 of2
Dalla. _ HOUlton _ San Antonio
1~15 ShalWOOd F_ - Houston, Ta.. 77043 _ lei 713.481.1400 _ lax 71:U61.363ll _ lnIo@lc;larbutv,com
e
EXHldlT "/I"
Page 2 of2, 194,9 acres
e
THENCE, South 870 26' ST' West, along the common line between the said William M.
Jones Survey and the George B. McKinstry League and the southerly line ofthis herein
described tract, a distance of3,773,73 feet to the POINT OF BEGINNING and
containing a computed area of 194,9 acres ofland,
This description is based on a compilation of data and does not represent a staked
boundary survey.
D.II.. - Houoton . San Anlonlo
1315 SI1eMvod F_. HOUIllon, T_o 77043 _ loI713..el,14Oll. fax713,481,363G. Info@c;lllllcaurvey,c:om
~
EXH,dtr '1'1"
CLARK-GEOGRAM ..
L. A. N D
SURVEYOa.
October 11, 2000
FTFT n NOTR~
Tract i-B
City of Pasadena
Description ofa 152,3 acre tract ofland out ofa called 509.2839 acre tract referred to as Tract 1
in a deed to Dart Industries, me, and EI Paso Products Company as recorded under Harris County
Clerk's File No. E150575, in the George B. McKinstry League, Abstract No, 47, in the City of
Pasadena, Harris County, Texas, said 152,3 acre tract being more particularly described as
follows (with bearings referenced to the Texas State Plane Coordinate System, South Central
Zone, NAD83):
BEGINNING at a point which marks an interior corner ofa called 162.2695 acre tract
referred to as Tract IA in a deed to LyondeU Polymers Corporation as recorded under
Harris County Clerk's File No, MS14702, said point marks the southwest corner of this
herein described tract;
THENCE, North 010 56' 28" West, along an easterly line of the said 162,2695 acre tract
and the westerly line of this herein described tract, a distance of 1,672,24 feet to a point in
the southerly line of the William M, Jones SUlVey, Abstract No, 482 and the northerly line
of the said George B, McKinstry League which marks the northwest comer of this herein
described tract;
THENCE, North 870 26' 57" East, along the common line between the said William M,
Jones SUlVeyand the said George B, McKinstry League and along the northerly line of
this herein described tract, a distance of3,773,73 feet to a point in the southwesterly line
of a tract described in a deed to Exxon Corporation as recorded under Harris County
Clerk's File No. P282860;
THENCE, South 34059' 09" East, along the southwesterly line of the said Exxon
Corporation tract, a distance of 596.29 feet to a point for comer in the northwesterly line
of Exxon Pipeline Corridor No, 510 as recorded under Harris County Clerk's File No,
R930140;
THENCE, South ISO 06' 58" West, along the northwesterly line of the said Exxon
Pipeline Corridor No, 510, a distance of 1,267.69 feet to a point for the southeast comer
of this herein described tract, said point also marks the northeast comer of the said
162,2695 acre tract;
TIffiNCE, South 880 02' 57" West, along the southerly line of this tract and a northerly
line of the said 162,2695 acre tract, a distance of3,726,83 feet to the POINT OF
BEGINNING and containing a computed area of 152,3 acres ofland,
This description is based on a compilation of data and does not represent a staked
boundary sUlVey.
0.11.. _ Houalon _ S.n Antonio
1315 Sh.rwood Forest _ Houston, T_ 77043 _ t.J 713,481,1<100 _ ,.... 713.461,3639 _ Info@clarbuMy.com
e
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EXHIBIT "A-l"
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND HUNTSMAN POLYMERS CORPORATION
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 wi th
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 offsi te; provided, however, City does not wai ve 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-1" is attached, shall remain in
full force and effect for the term of this Agreement, expiring
December 31, 2007.
ENTERED INTO effective the 1st day of January, 2001.
HUNTSMAN POLYMERS CORPORATION
By:&f4~~
, me: ;..,}t:P",c-/1/? \I' J..., /"'/D/ZI( 1-10..-./
Tl.tle: .1>,IlEc~ - ExCIJe- ~ ~ v;,ull~)f( liA"K~.r
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"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.)
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WlWAM M. JONES SURVEY
GEORGE: B. t.lcJONSTRY WG ~
HAllRIS COUNTY. = 'C:::;J
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tlEXHIBIT Ctl
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 I
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.
Dri veways 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.
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HUNTSMAN
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CERTIFIED MAil -
Return Receipt Requested No. Z 497 158 440
October 16, 2000
Mr. John Joerns
Assistant City Manager
City of La Porte
P,O, Box 1115
La Porte, Texas 77572-1115
Re: Huntsman Polymers Corporation
Industrial District Agreement - City of La Porte
Dear Mr. Joerns:
Enclosed are two copies of Exhibits "A" and "B" for attachment to the Huntsman Polymers
Corporation Industrial District Contract with the City of La Porte,
Please note in Exhibit "A", only 194.90 acres fall within the City of La Porte jurisdiction
(annexed and extra-territorial jurisdictions), The remaining 169.26 acres falls with the
taxing jurisdictions of the City of Pasadena, Originally we had estimated that 199,59
acres was in the City of La Porte taxing jurisdictions,
Exhibit "B" has been highlighted in yellow to identify the annexed portions of the property
and the striped areas indicate the extra-territorial jurisdictions (red = La Porte, green =
Pasadena).
Please call me at (713) 235-6971 if you have any questions,
Yours truly,
A~4~
~ffrey L. Morrison
Director - Excise and Ad Valorem Taxes
Enclosures
cc: Mr. James Napier - Huntsman, Houston
Mr. Hugh Landrum - Hugh Landrum & Associates
HUNTSMAN CORPORATION
3040 Post Oak Boulevard. Houston, Texas 77056. 713-235-6000. Fax 713-235-6416
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City of La Porte
Established 1892
August 31, 2000
Jeffrey L. Morrison
Huntsman Corporation
3040 Post Oak Boulevard
Houston, Texas 77056
Re: Industrial District Agreement (IDA) Series 2001-2007
Letter from John Joerns dated August 24,2000
Dear Mr. Morrison:
Per our phone conversation today, you indicated you would forward Exhibits" A" and "B" to
my office by September 30.
I appreciate you contacting me regarding the IDA exhibits. Once we receive these exhibits we
will present these documents to City Council for approval.
Please contact me if you need to further discuss this matter.
c: Hugh Landrum Jr., Hugh Landrum & Associates
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
tit
tit
City of La Porte
Established 1892
August 24,2000
Jeffrey L. Morrison
Huntsman Corporation
3040 Post Oak Boulevard
Houston, Texas 77056
Re: Industrial District Agreement (IDA) (Series 2001-2007)
)
Dear Mr. Morrison:
Two executed originals of the Industrial District Agreement (IDA) were received from you on
May 11, 2000. Your cover letter noted that you were in the process of obtaining a metes and
bounds description for the 199.59 acres in the City of La Porte's Industrial District. We have not
yet received this description.
Also, while reviewing the documents for completeness, we noticed your firm did not furnish an
Exhibit "B".
It is important that your firm forward (2) sets of Exhibits "A" & "B" to my office, preferably no
later than Thursday, August 31, 2000. Once we receive these exhibits we will present these
documents to City Council for approval. If you are unable to meet this deadline, please let us
know.
If you have any questions or concerns regarding this matter call me at (281) 471-5020.
Thank you for your cooperation in this matter.
c: Hugh Landrum Ir., Hugh Landrum & Associates
P'C). Box 1115 " La ?nrte. Texas 77.';72-1115 " !2Ri) 471-<1020
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HUNTSMAN
CERTIFIED MAIL -
Return Receipt Requested No. Z 497 787 933
May 8, 2000
Mr. Robert T, Herrera
City Manager
City of La Porte
P,Q, Box 1115
La Porte, Texas 77572-1115
Re: Huntsman Polymers Corporation
Industrial District Agreement - City of La Porte
Dear Mr, Herrera:
Enclosed are the two original agreements between Huntsman Polymers Corporation and
the City of La Porte,
Also, as part of the agreement we have attached a copy of the metes and bounds legal
description, The only available description at this time is for the entire piece of property at
this location (approximately 360 acres). We are in the process of obtaining a new
description for the approximately 199,59 acres in the City of La Porte and the La Porte
Industrial District. As soon as this is available, copies will be forwarded for insertion into
the agreement.
Please call me at (713) 235-6971 if you have any questions,
Yours truly,
~fr/~~
~~~!~X~, Morrison
Director - Excise and Ad Valorem Taxes
Enclosures
ro)ECEIVE~
Iffi MAY 1 1 2000 lW
cc: Mr, James Napier - Huntsman, Houston
CITY MANAGER'S
OFFICE
HUNTSMAN CORPORATION
3040 Post Oak Boulevard. Houston, Texas 77056. 713-235-6000. Fax 713-235-6416
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City of La Porte
Established 1892
May 15, 2000
Jeffrey L. Morrison
Huntsman Corporation
3040 Post Oak Boulevard
Hou~on, Texas 77056
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Morrison:
Two executed originals of the Industrial District Agreement (IDA) were received from you
on May 11, 2000. We have noted that you are in the process of obtaining a metes and
bounds description for the 199.59 acres in the City of La Porte's Industrial District.
While reviewing the documents for completeness, we noticed your firm did not furnish an
Exhibit "B". Please send us (2) copies no later than June 15, 2000.
Once we receive these exhibits 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 calI John Joerns at (281) 471-
5020.
Thank: you for your cooperation in this matter.
Sincerely,
Q~T~
Robert T. Herrera
City Manager
P,O, Box 1115 " La Porte, Texas 77572-1115 · (281) 471-5020
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ORDINANCE NO. 2000-IDA-40
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH BP AMOCO CHEMICAL COMPANY,
FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31,
2007 i MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT i FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW i AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
BP AMOCO 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
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.
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PASSED AND APPROVED, this 23rd day of October, 2000.
ATTEST:
LJll{))jiidJ a .!I,,/LILj
. ar ha A. Gillett
City Secretary
CITY OF LA PORTE
By:
~~~
'N rman L:- Malo e,
Mayor
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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 corQora~on of Harr is c~unty,
Texas, hereinafter called "CITY", and BP UD (10 l!.h.em',l!t:c...l (DM.~r\.4
, a --=:D..da.wav-v corporation, hereinaf er..J
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 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 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
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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 IICII 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 lIin 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" payment purposes, such
appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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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
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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 Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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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 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
existed January I, 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
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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 Comp~ny), 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 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
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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 ass igns ,
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,
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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:
BP Amoco Chemical Company
(COMPANY)
1tI~:l ~
Name: William T. Haschke
Title: Sr. Tax Representative
Address: P.O. Box 568
TP.XAR ~iTY, Tx 77,Q?-0568
qnST:
< . ~;f;{/;t0 !I~i(
City Secretary
By:
~y OF LA PORTE
.~~~
Mayor
AP~ /d
i a r r
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
~~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
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"EXHIBIT A"
(Metes and Bounds Description of Land)
...
e
EXHIBIT "A"
e
Quantum Chemical Corporation
0.1600 ACnls
STATE Of TEXAS:
COUNTY OF HARRISI
FlELCHOTE DESCRIPTION of & tract of parcal of land containing 0.1600
acres in the W.~. Harris Survl1. Abstrlct Na. 29 en Harris County. Texas.
Siid 0.1600 acrl tract 1 J & plrt 01 & 284. 47!Z Icrl iract dascr1bld 1ft. dlld to
NAtional Distill.rs and ChemicIl'Corporlt1on, recarded in F1.1. Na. C-63Z91S.
Film Codl Na. 086--\0-1217 of tn. Harril County Offfcial Public Records of Real -
Property, ancl1s mar. particularly described by matal and "ounds &I fanows:' ..
TRACT 111-
v. J. HArr1. survey. A-~~
.
COMMENCING i~ a 2..1ncb iron pip. found It "ll point at intersection of
the Soutn line of W.J. HarriS Survey. Abstract Ho. 2t (UIII baing tile Horth
line of the Enocb Brinson SurvIY. Abstract No. 5 and the A.D. Blackw1l1
Subdivision IS recorded in Volume 83. Plgl 343 01 the Ha~ris CAunty'Deed
Records) wi th the ~st 11 ne of Mille.. Cut-off Road (based tln a width ot60
feet) 1
THENCE. Korth 020 58' 5911 Wut, along 'the las-; 11n. Of Killlr cut "off'
road, & distancl ot 501.26 feet to I p01nt~ -
THENCE. North 870 01' 01- east. a distance of 231.51 (Ut to I sat 5/8-
inch iron rod tar the Northwest earner ot thiS tract lnd the paint af beginning
of the herein described trl,t 1;
THENCE. North 87007' 24ft East. a dista.nce 0'76.29 flit to I Jet 5/8.. inch
iron rad far the Northeast corner of this trAct;
THENCE, South OJQ 15' 00. East. along a tenea l11gnllllnt I distance of
93.03 feet to. sat SIB-inch iron rod an the North edg' of a paved road for the
SOutheast corner of this tract.
THENCE. South 870 06' 2411 'Nut along tn, Harth Idge of Slid Qlved road.
di$tan~e af ~J.7a fut to i lit S/S..1nch iron rod for a corner of this tracti
THENCE, North 630 06.03" Wut'-cont1nu1ng 110ft; the North .dge of s.1d
pAved road a distance af 25.83 f8l1: to & sat S/S-inch iron rod foro tha point of
CUrvature of a curve to tbe 1.ft;
THENCE. cont1nu1 nq along the North ad;. 01 said paved road and along Slid
Curveta the left hAving a centrl'lng1e.gf 00045' 561'. . radius 0177 .08 feet,
an arc distanca of 1.05 feet And I chord which burs North SOO 11' %0" West. a
distanca ot 1.0S feet to a sIe 5/8-fnctl1ron roa for the Southwest carner af
t~is tract.
THENCE. Harth 020 52' 36- West, leaving the North edge of said paved road
a dhbncB at 79.48 feet to the POINT OF BEGINNING And CONTAINING withfn thaSl
metes and bounds 0.1600 (6.971 $quare feet) acres Of land.
Jul y 11. 1990
Page 1 of 7
, ,. .jJ(>
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Quantu~ Chemical Corporation
2.086-\ Acres
STA1'E OF TEXAS~
CQUNTl OF HARRIS:
ftElDNOTE DESCRIPTION of a tract or pare.l 01 land containing 2.0864
acr!s in th. N.J. Harris Survey, Abstract Ha. 19 in HArris County, TeXIS.
Slid 2.0864 lerll tract is a part 011284.4752 acre 'rac~ described 1na dead ta
Natianal Distillers and Chemical Corporat1on, recorded tn f11.. no. C-63,918, -
Film Cad a Na. 086..4Q-1217 01 tht Harris Caun'CY 01f1c1al Publ1c Records of Real
Property. anei is mora putic\llArlY ducr1bect By matll and bounds 81 follows;
TRACT -2"
V. J. }lam s :aUrv8Y ~ ,.-,,~
.---;
.--z, I
~
COMMENCING at I Z-1neR iron pipe found It the point Of 1lltlrslct1on.of
the South line of the W.J. Harris SUrvIY. Abstract Ho. 29 (UlIII being tile North
line of thl Enoch 8r1nson Survey. Abstract No.5 and t~. A.O. IlackwI\1
Subdivision as recorded in Volume 83. Plge 343 of the HArris County Deed
Records) with the EiS~ line of Miller Cut-off Road (based on a width of 6Q
feet); .
THENCE. North 02.0 58' 5911 Wast. Ilona the Eut l1nl of Htller Cut-off
Road. distanct of 193.95 felt to I point~ -
THENCE. North 810 011 0111 Eut, I distance of 97.87 feet to I sat S/B..1nch
iron rod forth; Southwest carner.Qf this trlct and th. point ot beginning of
the nerein described Tract 2;
THENCE. North 020 591 1811 Wast. alan; 'the \Illest edgs of a WI 11 alignment i
distance ot 232.60 fut to a set S/8-1nch i rCln rCld on the South Id~. at l pAved
rOld for the Northwest corner a1 this tractl
THEHCt. North 870 00' 4211 hst. lleng the South edge of sa; d ~aved raid a
distanc.a of 83.52 faet to i set a5/B-fnc:n iran rod far tfte potnt of curvature'
of I curv. ~Q ~hl right;
THENCE. along tha South ecc;e of Slid paved rOAd lna along said curve to
the right having i cantralln;" of &30 471 lO", I rad1us of 50.51 feet, an arc:
distancs of 47.48 feet. ana I chord ~htch bears South 730 451 11- East, a
distance of 4S.H feet toa se~ 5JB-tncn iran rod for i corner of thts tract;
THENCE. South 530 41137- tnt, ccnt1nu1ng along the South edge of uid
paved road a dhtlnclI of 34.23 feet to a set 5/8-1nch iron rad for a corner of
this tracti
THENCE. North 870011 ;241' East. continuing along the South edge of said
paved road .1 i gnrl1ant a distance 01 286.86 faet to " sat SIB-inert iran rad sat
for the HcrthGmst corner of thiS trlc~~
lHENCE. South 020 591 18-. East. alone) the center 11ne of two 2.50 feet
diameter concrete column base .lignment a distance of 195.26 feet to I set
5/8-1nch iron rod on the north ed98 at & paved road Tor the Southeast carner of
th 15 tract; .
Page 2 of 7
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P
~/cr
THENCE, South 810 OQ' 42- We5t, along the "a.-th edge 01 said paved raad a
dlstanca of 440.06 feet to the POllfT 0; iEGINNING and COHTAINIHG w1t~in these
mates Ind bounds 2.0864 (9Q.884 Iquiri t..t) acres of land.
July 11. 19~O
~
.4..
, '.
:
.-
"
Page 3 of 7
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Quantum Chemical Corpcra;,on
0.0345 Aca',s
STATE OF TEXAS:
COUNTY OF HAARISi
FIiLDNOTE DESCRIPTION of i tract or parcel of land containing 0.0345
acres in tha W.~. Harris Survey. Abstract Ho. 29 in Harris County, TexIs.
Sa1 d 0.0345 Ict'a tract is I part of & 214.4752 acre tract dascribed in I dud to -
National Distl1l.r'lnd Chemical Corporation. recarded in file Na. C-632918.
Film Coda Ko. Q86-40.1217 01 the Harris CauntY Official Recards of Rial
Property. and is lIIorl particu1arlydlscr1bla b1111a~'S Ind bounds II follows:
TRACT II 3"
.. ". narrl a ~"., CJ' .. ....
~
COMMENCIHG at I Z-1nch 1'ran pip. found It the point ot 1ntarsec~ian of
the S~uth 1 1n. of the W..:J. Huris Survey, Abstract Ha. 29 (lama bling till Hott"
1 tna of Enoch Brinson Survey, Abstract Ho. 5 ana the A.O. BlackWell
Subdivision IS recorded in Volume 83, Page 343 of thl Harris county. Deld
Ricards) with the EAst \ina af M111.t Cut-off Road (based.on I width of eo.
feeth
THENCE. North Q20, 581 59- West. along the East line of M111er Cut"off
Road a distance of 228.79 feet to a paint;
THENCE. North 810 011 0111 Eut, I distance of 634.98 feat to I se't 5/8.
inch iron rod far the Southwast ~ornlr of this tTlct and tn. point of beginning ".
of the herein ducribed Trlct 3; . .
THEHCE, Harth 030 13' 18" Wast. along the Wu,; edge of a 131 xU' CI:lnCrate
slab alignment I distance of 43.56 flit to I set SIB-inch tron rod for tltl .
Northwest corneT of th1s tract; .
THENCE, North 860 46' 4211 Eut, along the North actge of said 13'xl3'
c:onr:reta slab alignment I d1$Unce ot 34.53 feet to a Sit Si8-1nch iron rod for
tha Northeast corner of this tract; .
THENC!, South 030 13'1S- Eut,'along the lut edge of I "x7' conerate
$lab alignment a distance 01 43.S6 feet to a set S/B-1nch iron rod for the
Southeast earner of this ~ract;
THENCE. South 860 46' 42- Wut, 110ng the cantar Une of a lS'xlS'
concretl column base and the csntar 11na of a 2.0' diameter concrltl column
baSI alignment a distance of 34.53 teet to the POINT OF BEGINNING and
CONTAIlUNG w1 thin thllse metes and boundS 0.Q345 (1,504 square feet) acru of
. lAnc. .
July 11, 1990
Page 4 of 7
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4uan~um ~nemlcal 'orporat1on
1.6083 Acres
STATE Of TEXAS:
COUNTY OF HARRIS:
FIELDNOTE CESCRIPiIOH af I tra,t or plrcll of 1and containing 1.6083
acres in the W.J. Harris Survey, Abstrlct HO. 29 in Harris County, Texas.
Said 1.6083 acT' tract is a plr-t of. 284.4752 Icr. tractdesCT1bed in I deed to
Nationa 1 D1 stillers and Cham1cll Corporation, recordad in FHa No. C-632918,. ~
Fi 1m COde No. 086-4Q-1217 of the Harris County Official Public Records of Rul
Property, and is 1II0re part1cuhr11 described by IlItes and bounds as follows:
TRACT · 4 II
M. ~. ""rrlS ..rvey, A.<~. ~ ~
COMMENCING at I Z-1nch iren pip. found at the paint of tntarSlcttcft 01
the South 1 1n. af th. W.al. Harris Survey, Abstract Ho. 2' (sim. bl1ng the Hatth
line of the Enoch Srinson Survey, Abstract Ho. 5 and the A.O. Blackwell
Subdivision IS racordla 1Q Volume 83. 'Ige 343 of the Harris County Died
Records) wi th the iut ltne of MU1.r Cut-off Read (buad on width 0160 feeth
THEneS, North 020 58' Si" Wlst, 110ng the Eu~ linl of Mil1ar Cut-off ..
Road a distance of 194.01 feet to I point;. -
.
THENCE, NOt'th 870 01' 01- East, I d1stince ot 753.90 feet to a Sit 5/8-
fnch iron rod for the poine of beginning of the herein described Tract 4i
THENCE, Harth 470 59' lau Wast. along the centar I1nl af a 1.5Ixl.S'
concrete column basi a d1stlnc:o of 44.89 feet ~o I set 5/S-tncb iron rod for I
Corner of this tract:
THENCE, Harth 020 511 10" West. I distance gf 82.90 feet to iI set 5/8-1nch
1 ron red far the Northwest carnor of th1 s tract; ,
THENCE, North 860 46' lag Elst, 110ng the bottom of Dyke l11gnment i
dhtance af 484.63 fut to I set SIB-inch iron rod for a cornar of this tract.
THENCE. North oeo 381 5611 West. llang the botton of Dyke I distance of
90.32 teet 'to a set S/S-inch iron rod on line North::il400 af the Quantum' Plant.
Coora1nata Systam for & carner of this tract;
THENCE. Norttf810 011 2911 Eut. along the Horth-400 1 fne ot said Quantum
Plant Coordinate Systelll a distance at 58.46 feet to a set 5/8-fnc:h iron rod for
the Northeast carner of this tract;
THEnCE. South 020 581 lBd East. along the back of curb and edge 01
ccncreta 41 fgnmlnt i distance of 205.00 feat to a set 5/8-tnch iron rod for the
southeast corner of this tract;
.
THENCE, South 860 361 S2" West. &1 ong the North edge of a pa vea road I
distance of 277 .26 feet to a set SIB-inch fron rod for a Corner of this tract;
THEllCE, South 81 0 QO' 4," West, alang the North adql! of u1d paved road a
distance of 247 .as feet to the POUT OF BEGHUn:IG and C01{TAIlHNG withfn thase
.' m@tes and bounds 1.6083 (70.056 squ~re feet) aCres of land.
July 11. 1990
Page 5 of 7
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".~Llaa Acras
... .. ........ .... '8J. "-':I
EnDcn Brinson Survey, A-5
~
-~/P
STATE OF TEXAS:
COUNTY OF HARRIS:
FIE1.CNOTE DESCRIPTION 01 tract or parcel of land centaining 4.2088 acres
1n the W.J.'Harr1s Survey, Abstract Ho. 29 Ind the Enoch Srinson Survey,
Abstract No.5 f/\ Harris County. Te~lS. Said 4.2088 Icre tr"t is I part af.-
284.4752 acre tract described fn a dead to Hat10nal Dinn lers and Chemica]'
Corparat1 an, ...cordld in FHa Ho. C-632918. Film Cadi No.OS5-4Q..1217 of tn.
HarTh eaunt,y Of11c1al PUblic Records 01 Rta' Property. And 1. lIare
particularly described by ~lt.S Ind bounds IS fallows:
TRACT .58
COMMENCING it I 2-fneh iron pipe found It till point of tntersect'fa""ot
the Sal.lth 1 fnl of the W.J. Harrh Survey, Abstract No. 29 (salDe being the North
11n8 of the Enoch Brinson Survey, Abstract No.5 and the A.O. Blackwell
Subdivision IS racerded in Volum. 83. Page 343 01 tht Harris County Deed
Records) with the East l1ne of Hiller Cut~o1t ROid (based Oft I width Of 60
feet); .;
THENCE. North 020 581 5911 \lest, along thl East l1na of Miller CUt-off
Road I distlnc~ of 172.92 feet to I paint,
THENCE. North 870 01101' East, a dhtantl of 743.20 feet to a set 5/8. _
inch tran rod for the point of beginning af the herefn described Trict 51
THENC!. Harth 810 00 I 42" East. along tht South 'dge of I paved road &
df stance of 535.86 fest to a set 5/8-1nch fron rod for the Northeast carner af
thts trilct;
THENCE, South 020 sa' 1811 East, ilong the back of (Urb and edge of
concrete 111gnm;nt a distance of 329.99 feet to a set 5/8-f'nch iron rad far the
Southeast corner of this tract; " ~
THENCEI South 870 OSI 50. West. parallel 22.00 feet Horth 01 thll North
edge of a paved rOld I distance of 557.71 feet to i sat SIB-inch iron red for
the Southwest corner of this tract;
THENCE. Horth020 511 '10' \tlest, along the East edge of .-4u guard posta
distance of 307.46 tut to j set a5/8-1nch fron rod far I corner of this tract;
THENCE. North 420 OQI 4211 Eut. Ilong the centQr line af i 2.0" dhmetQr
concrete calumn base a distance af 30.00 feet to the POINT OF BEllINNING and
CC1HAINING within these matas and bounds 4.2088 (183,334 squAra feet) acres
of land.
July 11, 1990 .
Paqe 6 of 7
~
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Quantum Chlmfcll Cor~aratlcn
3.8907 A,res
STATE OF TEXAS:
COUNTY OF HARRIS.
W. J. Harris Survey_ A-29
Enocn Brin$on SurVey. A-S
jI6
<-1, /1lJ
fIElDNOTE DESCRIPTION of I trae't or plrc:al of land cantafning 3.8901 <
acres in the W.']. HArrh Survey, Abs'Crlct Ko. 29 Ind the !r.oeh Brinson Surv.,
Abstract Ho. 5 in Harris County, Tuas. Said 3.8907 Icre tract 15 a part of I
284.4752 lete tract ducribea 1n I dua to National Dist1l1ers and Chem'lc:&1
Corporation, recarded in Fill No. C-632918. Film Code No. 086-40-121701 the
Harris County Official Publ1c Records ot RI.l Property. and 15 more
particulirly dascribed by metal and bounds 45 fol10WSJ
TRACT 116-
:.
'.
,
. I
COMMENCING at a 2-fl1ch iron pipe found It till point ot 1nternct1on of
the Souttlline af tn. W.J Marri s Survey, Abstrlct Nd. 29 (same beIng the North,
ling 01 the Enoch Srlnsan Survey. Abltract Ho. 5 and thi A.O. Blackwell
SUbdiviSion IS racorded in Volume 83. Page 343 of the Harris County Deed
Records) with tne fls~ line of Hiller Cut-off Raid (based on ~ wid~h of 60
fut) .
THEllCf. north Q20 58159" West, along the hst 11nl of Miller Cut-off
Road a distance of 142.36 feet to a point.
THENCE. North 87D all Ql11 Eut. i distinct of 97.8S teet to a Sat SIB-inch
iron rod for the Northwest corner of this tract and the point of beginning at
the herein described Tract 6i
THEllCE. Harth 87000' 4211 E4St a distan~a of 532.00 (eat to a set S/8-inch
iron rod for I corner 01 this tr~ct.
THENCE. South 470 591 la" Eut. A d1 stance of 56.S0 feet to a set 5/S.1nc:h
iron rad far a corner of this tract;
THENCE. South OJQ 131 lBu fut, a distanca of 257.90 feet to I satr 5/8-
intb iron rod for the SQutheas~ corner of this tract;
Tl-iE?lCE, South 870 OBi 5011 West. a distance of 573.21 feet to a. ~et Slaw
inch iren rod far'th4 SQuthwes~ carner of this tract;
THENCE 1 Hart!'! 02Q 59' IS" West. a dt sta.nce of 296.70 feet to the POINT OF
BEGINN niG AND CarHAINING with1 n thau metes and bounds 3.8907 (169.478 square
feet) acres of lAnd.
July 11. 1990
Page 7 of 7
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"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
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"EXHIBIT C"
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 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 lahdscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"EXHIBIT C"
Page 2 of 2
c) A screening plan, to be approved by the ci ty , 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 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
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.
bp
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William T, Haschke
Senior Tax Representative
Property Tax
'"\ ~ N 'Joe" 1'1)
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BP Corporation
P,O, Box 568
Texas City, TX 77592-0568
2401 5th Avenue S.
Texas City, TX 77590
Tel: (409) 942-4577
Fax: (409) 942-4796
(\~
Email: haschkwt@bp.com
October 9, 2000
\0-\ 'l... ~OU
Robert Herrera, City Manager
City of La Porte
P,O,Box1115
La Porte, TX 77572-1115
RE: Your offices request for additional data
In September a lady from your office called and requested a survey of our PAO facility,
which is within the Equistar plant. She also requested our State of incorporation,
BP Amoco Chemical Company is incorporated in Delaware, I am attaching the metes
and bounds survey description from our lease agreement, in answer to your request for
survey information,
If you have any more questions, please let me know,
Yours Truly,
7// ~~.~/1 -, ;; ~..~ / . . ///'
1l/46~ . ~~
William T. Haschke, CMI
~I~O~T ~ 1~ ~,~I~
j v, I I. 1
CITY MANAGER'S
OFFICE
-_
Quantum Chemi cal Corporati on
0.1600 Acres
e
W. J. Harris Survey, A-29
STATE OF TEXAS:
COUNTY OF HARRIS:
FIELDNOTE DESCRIPTION of a tract of parcel of land containing 0.1600
acres in the W. J. Harris Survey, Abstract No. 29 in Harris County, Texas.
Said 0.1600 acre tract is a part of a 284.4752 acre tract described in a deed to
National Distillers and Chemical Corporation, recorded in File No. C-632918,
Film Code No. 086-40-1217 of the Harris County Official Publ ic Records of Rea 1
Property, and is more particularly described by metes and bounds as follows:
TRACT "la
COMMENCING at a 2-fnch iron pipe found at the point of intersection of
the South line of W. J. Harris Survey, Abstract No. 29 (same being the North
line of the Enocn Brinson Survey, Abstract No. 5 and the A. O. Blackwell
Subdivision as recorded 1n Volume 83. Page 343 of the Harris County Deed
Records) with the East line of Mfller Cut-off Road (based on a width of 60
feet) ;
THENCE. Harth 02" 58' 5911 West. along the East line of Miller Cut-off
Road, a distance of 501.26 feet to a point;
THENCE. North 870 aI' 01 U East" a dl stance of 237 . 51 feet to a set 5/8-
inch iron rod for the Northwest corner of this tract and the POINT OF BEGINNING
of the herein described Tract 1;
THENCE" North 870 07' 24" East" a distance of 76.Z9 feet to a set S/8-inch
iron rod for the Northeast corner of this tract;
THENCE, South 030 15' 00" East. along a fence a 1 i gnment, a di stance of
93.03 feet to a setS/8-inch iron rod on the North edge of a paved road for the
Southeast corner of this tract;
THENCE, South 870 06' 24" West. along the North edge of said paved road, a
distance of S3.70 feet to a set 5/8-inch iron rod for a corner of this tract;
THENCE, North 630 06' 03" West. continuing along the North edge of said
paved road, a distance of 25.83 feet to a set 5/8-inch iron rod for the point of
curvature of a curve to the left;.
THENCE, continuing along the North edge of said paved road and along said
curve to the left having a central angle of 00045' 56", a radius of 77.08 feet.
an arc distance of 1.05 feet and a chord which bears North 500 III 20" West. a
distance"of 1.05 feet to a set 5/8-inch iron rod for the Southwest corner of
this tract;
, ,
THENCE. North 020 52' 36ft West, leaving the North edge of said paved
road. a distance of 79.48 feet to the POINT OF BEGINNING; CONTAINING within
these metes and bounds 0.1600 (6.971 square feet) acres of land.
~udn~um ~nilicaJ ~orpOTa~lon
2.0864 Ac~
w. u. narrlS ~urvey, ~-G=
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STATE OF TEXAS:
COUNTY OF HARRIS:
FIELDNOTE DESCRIPTION of a tract or parcel of land containing 2.0B64
acres in the W. J. Harris Survey, Abstract No. 29 in Harris County, Texas.
Said 2.0864 acre tract is a part of a 284.4752 acre tract described in a deed to
Na ti ana 1 01 still ers and Chem; ca 1 Corporati on, recorded in Fi 1 e No. C-63291B,
Fi 1m Code No. 086-40-1217 of the Harri s County Offi c; a 1 Pub 1 i c Records of Rea 1
Property, and is more particularly described by metes and bounds as follows;
TRACT 112"
COMMENCING at a 2-inch iron pipe found at the point of intersection of
the South line of the W. J. Harris Survey, Abstract No. 29 (same being the
North line of the Enoch Brinson Survey, Abstract No.5 and the A. O. B1ackwel1
Subdivision as recorded in Volume 83, Page 343 of the Harris County Deed
Records) with the East line of Miller Cut-off Road (based on a width of 60
feet) ;
THENCE, North 020 58' 59" West, along the East line of Miller Cut-off
Road, a distance of 193.95 feet to a point;
THENCE, North 870 01.' 01" East, a distance of 97.87 feet to a set SIB-inch
iron red for the Southwest corner of this tract and the POINT OF BEGINNING of
the herein described Tract 2;
THENCE, North 02059' 18" West, along the West edge of a wall alignment, a
distance of 232.60 feet to a set SIB-inch iron rod on the South edge of a paved
road for the Northwest corner of this tract;
THENCE, North 870 00' 42" East, along the South edge of said paved road, a
di stance of 83.52 feet to a set 5/B- inch iron rod for the poi nt of curva ture of
a curve to the ri ght;
THENCE, along the South edge of said paved road and along said curve to
the right having a central angle of sJO 47' 10". a radius of 50.57 feet, an arc
distance of 47.48 feet and a chord which bears South 730 45' II" East, a
distance of 45.75 feet to a set SIB-inch iron rod for a corner of this tract;
THENCE, South 530 41' 3]" East, continuing along the South edge of said
pav'ed read, a distance of 34.23 feet.to a set SIB-inch iron rod for a corner of
this tract;
THENCE, North 870 07' 24" East, continuing along the South edge of said
paved read alignment, a distance of 286.86 feet to a set SIB-inch iren rod for
the Northeast corner of this tract;
THENCE, South 020 59' 18" East. along the centerline of two 2.50-foot
diameter concrete column base alignment, a distance of 195.26 feet to a set
S/8-inch iron rod on the North edge of a paved road for the Southeast corner of
this tract;
Page J- of ~
THENCE.uth 87000.4211 West. along t~orth edge of said paved road. a
distance of 440.06 feet to the POINT OF BEG~NING; CONTAINING within these
metes and bounds Z.0864 (90,884 square feet) acres of land.
"
page.! of 1..
Quantum Ch~l Corporation
0.0345 Acres
4It J. Harris Survey, A-Z9
STATE OF TEXAS:
COUNTY OF HARRIS;
FIElDNOTE DESCRIPTION of a tract or parcel of land containing 0.0345
acres 1n the W. J. Harris Survey, Abstract No. 29 1n Harris County, Texas.
Said 0.0345 acre tract is a part of a 284.4752 acre tract described in a deed to
National Distillers and Chemical Corporation, recorded in File No. C-63291B,
Film Code No. 086-40-1217 of the Harris County Official Records of Real
Property, and is more particularly described by metes and bounds as follows:
TRACT M3"
COMMENCING at a Z-inch iron pipe found at the point of intersection of
the South line of the W. J. Harris Survey, Abstract No. 29 (same being the
North line of Enoch Srinson Survey, Abstract No.5 and the A. O. Blackwell
Subdivision as recorded in Volume 83, Page 343 of the Harris County Deed
Records) with the East line of Miller Cut-off Road (based on a width of 60
feet);
THENCE, North 020 58' 59" West, along the East line of Miller Cut-off
Road, a distance of 228.79 feet to a p~int;
THENCE, North 870 aI' 01" East, a distance of 634.98 feet to a set 5/8-
inch iron rod for the Southwest corner of this tract and the POINT OF BEGINNING
of the herein described Tract 3;
THENCE, North 030 13' 18" West, along the West edge of a 13' X 13'
concrete slab alignment, a distance of 43.56 feet to a set 5/B-inch iron rod
for the Northwest corner of this tract;
THENCE, North 860 46' 42" East, along the North edge of said 13' X 13'
concrete slab alignment, a distance of 34.53 feet to a set SIB-inch iron rod
for the Northeast corner of this tract;
THENCE, South 030 13' IS" East, along the East e~ge of a 7' X 7' concrete
slab alignment, a distance of 43.56 feet to a set SIB-inch iron rod for the
Southeast corner of this tract;
THENCE, South 860 46' 42" West, along the centerline of a 15' X IS'
concrete column base and the centerline of a 2.0-foot diameter concrete
column base alignment, a distance of 34.53 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 0.0345 (1,S04 square feet) acres of
land. . '.
Page 1- of ::l
Quan~um Ch~l Corpora~10n
1. 6083 AcreYI'
w. ~. narrl~ ~UI y~~, "-~~
e
STATE OF TEXAS;
COUNTY OF HARRIS:
FIELDNOTE DESCRIPTION of a tract or parcel of land containing 1.6083
acres in the W. J. Harris Survey, Abstract Ho. 29 in Harris County, Texas.
Said 1.6083 acre tract;s a part of a 284.4752 acre tract described in a deed to
National Distillers and Chemical Corporation, recorded in File No. C-63291B,
Film Code No. 086-40-1217 of the Harris County Official Public Records of Real
Property, and is more particularly described by metes and bounds as follows:
TRACT 114u
COMMENCING at a Z-inch iron pipe found at the point of intersection of
the South line of the W. J. Harris Survey, Abstract No. 29 (same being the
North line of the Enoch Brinson Survey, Abstract No.5 and the A. O. Blackwell
Subdivision as recorded in Volume 83. Page 343 of the Harris County Deed
Records) wi th the East 1 i ne of Mi 11 er Cut-off Road (based on wi dth of 60 feet) ;
THENCE. North oZO 58' 59" West. along the East line of Miller Cut-off
Road, a distance of 194.01 feet to a point;
THENCE, North 870 01' 01 u East. a d1 stance of 753.90 feet to a set 5/8-
inch iron rod for the PQINT OF BEGINNING of the herein described Tract 4;
THENCE, North 470 59' IS" West, along the centerline of a 1.5' X 1.5'
concrete column base. a distance of 44.89 feet to a set 5/8-inch iron rod for a
corner of this tract;
THENCE, North oZO 51' 10" West. a distance of 82.90 feet to a set SIB-inch
iron rod for the Northwest corner of this tract;
THENCE, North 860 461 10" East, along the bottom of a dike alignment, a
distance of 484.63 feet to a set 5/8-inch iron rod for a corner of this tract;
THENCE, North 000 38' 56" West. along the botton of a d1 ke, a d1 stance of
90.32 feet to a set 5/8-fnch iron rod on line Northc400 of the Quantum Plant
Coordinate System for a corner of this tract;
THENCE, North 870 aI' 29" East. a distance of 68.46 feet to a set 5/8-inch
iron rod for the Northeast corner of this tract;
THENCE, South 020 58' 18" East, along the back of curb and edge of
concrete alignment. a distance of 205.00 feet to a set 5/8-inch iron rod for
the Southeast corner of this tract;
THENCE, South 860 36' 52" West, along the North edge of a paved road, a
distance of 277.ZB feet to a set S/8-inch iron rod for a corner of this tract;
THENCE, South 87 0 00' 42" West, along the North edge of said paved road.
a d1stance,of 247.89 feet to the POINT OF BEGINNING; CONTAINING within these
metes and bounds 1.6083 (70,056 square feet) acres of land.
Page i of .1
quantum Ch~] Corporation
4.2088 AcreI'
STATE OF TEXAS:'
COUNTY OF HARRIS:
FIELDNOTE DESCRIPTION of tract or parcel of land containing 4.2088 acres
in the W. J. Harris Survey, Abstract No. 29 and the Enoch Brinson Survey,
Abstract No.5 in Harris County, Texas. Said 4.2088 acre tract is a part of a
284.4752 acre tract described in a deed to National Distillers and Chemical
Corporation, recorded in Fne No. C-632918, Film Code Ho.086-40-1Z17 of the
Harris County Official Public Records of Real Property, and 1s more
particularly described by metes and bounds as follows:
. J. Harris Survey, A-2~
ocn Brinson Survey, A-5
TRACT -Sft
COMMENCING at a 2-inch iron pipe found at the point of intersection of
the South line of the W. J. Harris Survey, Abstract No. Z9 (same being the
North line of the Enoch Brinson Survey, Abstract No.5 and the A. O. Blackwell
Subdivision as recorded in Volume 83, Page 343 of the Harris County Deed
Records) with the East line of Miller Cut-off Road (based on a width of 60
feet) ;
THENCE, North 02" 58' 59" West, along the East line of Ml1ler Cut-off
Road, a distance of 172.9Z feet to a point;
THENCE, North 870 ai' 01" East, a distance of 743.Z0 feet to a set 5/S-
inch iron rod for the POINT OF BEGINNING of the herein described Tract 5;
THENCE, North 870 00' 42" East, along the South edge of a paved road, a
distance of 535.86 feet to a set 5/S-inch iron rod for the Northeast corner of
this tract;
THENCE, South 02" 5S' IS" East, along the back of curb and edge of
concrete alignment, a distance of 329.99 feet to a set 5/8-inch iron rod for
the Southeast corner of this tract;
THENCE, South 870 OS' 50" West, parane1 22.00 feet North of the North
edge of a paved road, a distance of 557 .71 feet to a set 5/8-1nch iron rod for
the Southwest corner of this tract;
THENCE, North OZO 51' 10" West, along the East edge of a 4-1nch guard
post, a distance of 307.46 feet to a set SIB-inch iron rod for a corner of this
tract;
THENCE, North 420 00' 42" East, along the centerline of'a 2.0-foot
diameter concrete column base, a distance of 30.00 feet to the POINT OF
BEGINNING, CONTA1NING within these metes and bounds 4.208S (lS3,334 square
feet) acres of land.
Page fL' of ..1
Quantum CheAa] Carporati on
3.8907 Acrel"
STATE OF TEXAS:
COUNTY OF HARRIS:
~ J. Harris Survey. A-29
.ocb Brinson Survey. A-5
FIELDNOTE DESCRIPTION of a tract or parcel of land containing 3.8907
acres in the W. J. Harris Survey, Abstract No. 29 andthe Enoch Brinson Survey.
Abstract No.5 in Harris County, Texas. Said 3.8907 acre tract is a part of a
284.4752 acre tract described in a deed to Nationa] Distillers and Chemica]
Corporation, recorded in File No. C-03291S, Film Code No. 086-40-1217 of the
Harris County Official Public Records of Real Property. and is more
particularly described by metes and bounds as follows:
TRACT R6"
COMMENCING at a Z-incb iron pipe found at the point of intersection of
the South line of the W. J. Harris Survey, Abstract No. 29 (same being the
North line of the Enoch Brinson Survey, Abstract No.5 and theA. O. BlackweJ1
Subdivision as recorded in Volume 83~ Page 343 of the Harris County Deed
Records) with the East line of Miller Cut-off Road (based on a width of 60
feet) ;
THENCE, North ozO 5B' 59" West, along the East line of Miller Cut-off
Road. a distance of 142.36 feet to a point;
THENCE, Harth 87001' 01" East, a distance of 97.88 feet to a set SIB-inch
iron rod for the Northwest corner of this tract and the POINT OF BEGINNING of
the herein described Tract 6;
THENCE, North 870 00' 42" East, a distance of 532.00 feet to a set 5/8-
inch iron rod for a corner of this tract;
THENCE, South 470 59' IS. East, a distance of 56~80 feet to a set 5/8-inch
iron rod for a corner of this tract;
THENCE, South 030 13' IS" East, a distance of 257 .90 feet to a set 5/S-
inch iron rod for the Southeast CDmer of this tract;
THENCE, South 8JO OS' 50" West, a distance of 573.21 feet to a.set 5/8-
inch iron rod for the Southwest comer of th1 s tract;
,
THENCE, Harth oZO 59' 18" West, .a d1 stance of 296.70 feet to the POINT OF
BEGINNING; CONTAINING within these metes and bounds 3.8907 (169,478 square
feet) acres Of-land. . .
Page ~ of '1.
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ORDINANCE NO. 2000-IDA-41
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH TEXAS ELECTRIC EQUIPMENT CO.,
LTD., 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 AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. TEXAS ELECTRIC EQUIPMENT CO., LTD. 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.
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PASSED AND APPROVED, this 23rd day of October, 2000.
CITY OF LA PORTE
By: !~{?~~
Mayor
ATTEST:
~6-- (J. pAl.1lI
Mar a A. Gille~
City Secretary
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NO. 2000-IDA-41 {
{
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 Texas Electric Equipment Co.. Ltd.
, a Texas corporatJ.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 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 "LandU) ;
and said Land being more particularly shown on a plat attached as
Exhibit uB", which plat describes 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; 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
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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.
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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
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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
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,
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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 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 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 City in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the city or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to city of any additional payment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
city of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the city with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of company's property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have 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
arbi trator 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
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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
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,
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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.
Texas Electric Equipment Co., Ltd.
(COMPANY)
By: ~..II~~
Name: Edward "'.1 Hoprnpr
Title: Pres; dent
Address: 9401 Hwy. 225 La Porte, Tx 77571
P.O. Box 1378 La Porte, Tx 77572
ATTEST:
~ YA ~ ~i
. all- /),. t'1 - ili jjj:k(
Cl.ty Secretary
By:
~OF LA PORTE
~~ ~
orman L~ne '----.
Mayor
~~
ox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
-
By:
Q~ \1 \~
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
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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EXHIBIT "A"
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All equipment, inventory, fixtures and articles of personal property of
every kind, type, nature, 'and description (including, but not limited to,
all mater~als, machinery, tools, engines, boilers, dynamos, elevators,
tanks, awnings, screens, shades, blinds, mirrors, rugs, carpets, furniture,
appliances, art objects, cabinets, counters, shelves, fittings, and all
plumbing, heating, air conditioning, lighting, electrification, ventilating,
laundry, refrigerpting, cooking, incinerating, playground and swimning pool
equipment, but excluding consumer goods which are not now and do not
hereafter become fixtures), and all attachments and accessions thereto,
which are now pwned or which are ~ereafter acquired by ?ebtors, or any of
them, and now or hereafter located in, on or .upon or attached in any manner
to the land described below or any improvements now or hereafter located
thereon, and all proceeds thereof, an~ all proceeds o~ any cash proceeds of
any such property or the proc~eds thereof (~ncluding, but not limited to,
all equipment, inventory, instruments,' chattel papers, certificates of
deposit, money, deposit accounts, accounts, general intangibles and other
property of every kind, type, nature and description which ~re acqui~e~
with any such cash proce~d&), to the full extent.no~'~ilow~d by the laws of
the State of Texas; and together with any and all rent~s, revenue s, i s~ue s,
profits, royalties and income of every kind, type, nature and description
now or hereafter accrued or to accrue or in any manner emanating, from any
BEGINNING at a 3/8 inch iron rod for corner, on the south line of Strang
Road, 60 feet wide, said beginning c6rner being located South 890 58' 57"
East, a distance of l,931~65 feet from a Railroad spike marking the inter-
section of the northeasterly lihe of State Highway 225, 370 feet wide,
and the said south line of Strang Road, 60 feet wide;
A tract of land containing 3.4104 acres, being part of and out of Lots
22 and 23 of STRANG SUBDIVISION, in the Enoch Brinson Survey, Abstract
5, in Harris County, Texas, according to the map or plat of said subdivision:
recorded in Volume 75, Page 22, of the Deed Records of Harris County, Texas, i
and being more particularly described by metes and bounds as follows, !
to wit: ;
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THENCE South 890 58' 57" East, along the south line of said Strang Road,
60 feet wide, a distance of 200:00 feet to a 5/8 inch-iron rpd for corner;
THENCE South 000 07' 56" East, a distance of 779.34 feet to a 1/2 inch
iron rod for corner, on the northeasterly line of said State Highway 225;
THENCE North 690 55' 03"'West~ along the northeasterly line of'said State
Highway 225, 370 feet wide, a distance of 213.13 feet to a 1/2 inch iron
rod for corner;
THENCE North 000 07' 56" West,'~ distance of 706.22 feet to the PLACE OF I'
BEGINNING;
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"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.)
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"EXHIBIT C"
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 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.
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o THE r.IENHOLDE~S }lND OR THE OWNERS
F THE PREMISE~iSURVEYED AND TO
TEWJlRT TITLE j_JlRJlNTY COMPANY:
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he undcrsignpf daes hereby certjOfy
hat this suryey was this day maJe
n the grouni:. of the property le~al1Y
escribed he eon and ~s correct, ~and
hat there a e no discrepancie5, ~onf1j tS,
hortages in a~".., bnundary line konf1i
ncroachments, ovcrl~ng of ~
mprovement'3. easemE.'nts~~<]httof-wa crt{ a /
xcept, as shmm here on .find thtl"t-... b-- /11(/ V
"ie propert.y hi'S accells to and ?;r!!.' 2.z.j-~
rom a dedi~i)ted road'flY, Ur-----..i!{ ~
xcept i'S shm'ln_,~ere()? .':Il, .' ~" ^,c;;:J. :1J
ated, thi,s 23rd d"Y--ri~ May, 1972'.~ ,(-c:::- "'" SS'oa."v_ ,
, \ 0 --.J.. "t\,A ~", :''''- . ~/~~ .
igned: ..,.... ".,,,.;; ._" r --.......... -V'y . ....,....,,) ,/a' 0
" '--------. . ~ '~-...:.-..... ,~
Ja,k C. MrK'ligM, P.F.. =- ~~ --....
~ ~~ ~
Reg. FnGr. -Tex. #14995.-......... J--------.
I l'I'Tlif!! 1/1<11 II/is is nn 1/,:r;uT<Jk T,ull of /I 101 kllutn, /I.,. .pilr.t of. Lo.t.s .22 ....and_23.~_,_____
1/... pT"I" "'i "f M. v.'.,. ,Ben,ce .~I/(lIdll:; all of the i".,.nu, 1/II'II1s TIS ....rt:,'y<.tl by 101",
Il("ill;'. 3.4HJ4 ilcreS S>ut of the Strang Subdiv.i.~iQn.._..EnochBr.insun.Survey,
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"EXHIBIT.C"
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 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.
Dr i veways opening from said str ip 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.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 10/23/2000
Appropriation
Requested By: J. L. Sease
Source of Funds:
N/A
Department: Fire
Account Number:
Report: Resolution:
Ordinance: X
Amount Budgeted:
Exhibits: Copy of Contract
Amount Requested:
Exhibits: CoPY of Ordinance
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City has negotiated a new contract with the Port of Houston for ambulance service to
the Barbours Cut Terminal for a period of one year. The one year contract is to bring the
renewal in line with all other EMS contracts next year. The contract is for $22,857.00
annually or $1,904.75 monthly. Attached is an ordinance authorizing the City Manager to
execute a contract with the Port of Houston.
........
Action Required by Council: Approve an Ordinance authorizing the City Manager to execute a
contract with the Port of Houston for ambulance service.
Approved for Citv Council Al:enda
G?~ T. ~'-
Robert T. Herrera, City Manager
\0. \ca-00
Date
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ORDINANCE NO. 2000-~ ~ '74r-Jd..1
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE PORT OF HOUSTON AUTHORITY, FOR THE PROVISION OF
EMERGENCY MEDICAL SERVICES BY THE CITY OF LA PORTE; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; REPEALING
ORDINANCE NO. 2000-2376; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council 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. Ordinance No. 2000-2376, passed and approved on
February 14, 2000, is hereby repealed.
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.
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ORDINANCE NO. 2000-;~4~
PAGE 2
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 23rd day of October, 2000.
By:
CITY OF LA PORTE
4~t#1~~
Norman L. Malone
Mayor
ATTEST:
~~{LIJ-W(
city Secretary
Knox W. Askins
city Attorney
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JF CID ill li CID IF ]]] em ill ~ II CID Rr M ill 'IT ]]] CID rn II II U
EXECUTIVE OFFICES: III EAST LOOP . HOUSTON, TEXAS 77029-4327
MAILING ADDRESS: 1'.0, BOX 2562 . HOUSTON, TEXAS 77252-2562
TELEPHONE: (713) 670-2400 . FAX: (713) 670-2429
LINDA HENRY
Counsel
(713) 670-2663
Mr. Robert T. Herrera
City Manager
City of La Porte
P.O. Box 1115
LaPorte, TX 77572-1115
October 5,2000
Re: CITY OF LAPORTE - Emergency Medical Services Contract - PHA File No.
85-0019
Dear Mr. Herrera:
Enclosed are four (4) originals of the above-referenced contract between the Port of
Houston Authority and the City of LaPorte.
This instrument was drawn for signature of the City Manager of the city and attestation
by the City Secretary. In addition, please date and affix your city seal to all four (4) originals and
return to my attention. When the signatures on behalf of the Port Authority have been obtained,
a fully executed copy will be forwarded to you for your files.
By copy of this letter, the Accounting Department of the Authority is hereby notified of
this agreement for execution thereof. Thank you for your cooperation.
Very truly yours,
v/~ivJ.~ J.k~
Linda Henry
LH/gp
Enclosures
cc:
Ted Walters (w/enc.)
Ruben Arredondo (w/enc.)
Carol Walker (w/enc.)
Central Records (w/enc.)
Dick Rhodes - County Auditor's Office (w/enc.)
rD) EClEIVIEfR)
U11 OCT 5 2000 tW
2000,880.174
CtTVMANAGER'S
OFFICE
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IF CO) ill il CO) IF IHJ CO) ill ~ il CO) f3 Ai ill il IHJ CO) Iffi. II illY
EXECUTIVE OFFICES: 111 EAST LOOP . HOUSTON. TEXAS 77029-4327
MAILING ADDRESS: P.O, BOX 2562 . HOUSTON. TEXAS 77252-2562
TELEPHONE: (713) 670-2400 . FAX: (713) 670-2465
L. K. WASKA
Purchasing Manager
(713) 670-2460
November 13, 2000
City of La Porte
POBox 1115
La Porte TX 77572-1115
Attn: Cash Management
Subject:
Emergency Medical Services I PHA Contract No: 85-0019
Cash Management:
Attached find our executed copy of contract relating to the captioned project and our
P. O. Number 82090, You are authorized to proceed as provided by contract dated
October 23, 2000,
Yours very truly,
/11 ~ W~.b<-_
Leonard K, Waska
Purchasing Manager
LKW/cb
attachments
PURCHASE ORDEre
PORT OF HOUSTON
AUTHORITY
P.O. BOX 2562
HOUSTON, TEXAS 77252
PHONE (713) 670-2460
82090-000
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PAGE 0001
ORDER DATE 11/08/00
MUST BE SHOWN ON ALL IN-
VOICES OR INVOICES WILL BE
. RETURNED TO VENDOR.
PURCHASE ORDER
NUMBER
FREIGHT
prepaid
TO
1858
MARNE
Invoice by mail
CITY OF LA PORTE
ATTN: CASH MANAGEMENT
P. o. BOX 1115
LA PaRXE TX 77572-1115
SHIP TO PHA MARINE DEPA.lXTMEliT
EXECUTIVE OFFICE BUILDING
111 EAST LOOP NORTH (EXIT 29)
HOUSTON TX 77029
BUYER
ATTN:
ITEM
QUANTITY I UNIT i
DESCRIPTION
713 670-2460
Len Waska
I UNIT PRICE I
TOTAL
***************** Deliver - 11/0a/OO~*****************
**** Unle55 otheliUiS9 specified by line item ****
Purchase Order Currenc:y: United states Dollars
1
PROVIDE EMERGENCY MEDICAL SERVICES TO
TEE PORT O~_HOUSTON AUT.ElORITY' S MARINE
DEP~T'>1i:r':l,;IT":~'BARBOURS CUT TERMINAL
~~~9Nt. (~{AjI~~lF.T~,-w.D,~t<?!:lT IN TBAT
.......:eER:rAIN"-CZONTRACT DA:DED,,QC']./:)BER 23, 2000.
"::'-:':':TH.J::S,+"'COORACT':-"S~:.:BE7 IN),~~'.l!lCT FROM
,..",-' .~ . .> - ~ ~'..;'. '....... .".,...... \~ N,
f/ (OCT~ I, 20pO UNTIL~?EPT.~ 30, 2001
,~.P;' "....AUTRORITY - l:\ ',:,~, ,f"\.,;. \~ft.
~ l (/ I """" '~ ~,C~... 'tj
r,- ......./ / BeAiID"!J,lvt-INUTE 2000-iln"1&%0
~A, /I . "f.! --,.,,, ._.-~ ...~.!.!
;';' ;..-- d "'li~ ,,~ PHA F-1IiE NtJMBER. '8S7'00Hh
../ ;.\".,,' 'I" <;.~lb.:::)lr:::jS~ ~l. fl----;'J\\\.-..:r ;\ t"'"' '~l
./{ ,-,- II "L~'i':<"""'~"-"~ .t:.~\\ 1\.-, ~
12.0000~EA-: \~OVllOE,- - 'l~f.> ~;--::="h 1!'l",~fl4,...n500 22,857.00
~. \ I' q -. Hi.--. s;..~.. .\t <, ~ ~
,.1 ::::.. ~~q:.:.~,_. .~~S~V.[.CE~I "",,-J f(: Deliver 09/30/01
,/, ,.....,;\ l;,r,;,~;:....", \ IJ... ",
'I" " '~:: ' /) - ,'~A
.. Purchase ar.der . TotiHa ::".- ,/ :.?-_; ,/ ~i'" ..1.'/
\'11 '.', ~- /.'" '.,.~ I, /1 W ./;it
\0 "-vproductt.-Total: ''<::\ IJ y"", 22,857.00
'Ii. ./ '~, ". '-.., . ~ C"", 1;'",
t^ ".' ";J'" .-:., ,,;/ .,' ~J;
'ii' To'-ral"'Amount: ..--:;/ \ 't...,. ,ii-: 22,857.00
\Jilt '........Ji/ . ,.' :;::'::~::~'':'.__: :.::;~'';-::~..:.'''''~' ,.I'f?"
... \. t I' .1 ...... . ,-1/ ',.', . .~
Jilnqof :iP.~reh~e Orl::ler.... &-2090-000
\,1. \\ "', . ,1', ./; '1 ~ .' .~ri-.'.-
......\.h... . .,-.(!~~.
"f4 \.~ ~?~ ,It.. ~tr.<;..~~..7...;.~>
~,.,)".-'\,...;l..~.....~~
BY AUTHORITY ~~ T, EXECUlVE DIRECTOR
. .W~,
~ MEET THIS OBLIGATION WHEN DUE
~,TY AUO~ Cl
~""~1"'" l-v1
---
CONDITIONS ON BACK ARE A PART OF THIS AGREEMENT
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CONTRACT
STATE OF TEXAS
9
9
9
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THIS AGREEMENT made and entered in to by and between the CITY OF LA
PORTE, a municipal corporation of Harris County, Texas, hereinafter referred to as "LA
PORTE" and the PORT OF HOUSTON AUTHORITY, a body politic of Harris County,
Texas, hereinafter referred to as "PORT",
WITNESSETH:
WHEREAS, PORT is in need of certain governmental services for the benefit of
the people and property at its Barbour's Cut Terminal; and
WHEREAS, LA PORTE is able and willing to provide said governmental
services to PORT, upon the terms, conditions, and covenants herein contained:
NOW, THEREFORE, pursuant to the authority granted by the Interlocal
Cooperation Act (Chapter 791, Section 791.002 et seq, of the Texas Government
Code), and in consideration of the mutual covenants, agreements, and benefits to both
parties, it is hereby agreed as follows:
I.
GENERAL PROVISIONS
For and during the year beginning on the 1st day of October, 2000, and ending
on the 30th day of September, 2001, LA PORTE agrees to furnish to PORT, the
emergency medical services hereinafter more specifically described. This agreement
shall remain in effect after September 30, 2001, until canceled by either party by giving
ninety (90) days written notice to the other party hereto,
II.
For and in consideration of the governmental services to be provided by LA
PORTE, PORT agrees to pay LA PORTE the monthly sum of One Thousand Nine
Hundred Four and 75/100 Dollars ($1,904,75) [Twenty-Two Thousand Eight Hundred
Fifty-Seven and No/100 Dollars ($22,857,00) annually]. Such charges to be paid in full
by PORT to LA PORTE, on or before the tenth day of the month following the month in
which such services were rendered,
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III.
LA PORTE agrees to provide emergency medical services at PORTs Barbour's
Cut Terminal. LA PORTE shall transport patients to one of the nearest hospitals
providing emergency services that is defined by the transport policy of the City of
La Porte Emergency Medical Services. LA PORTE shall be permitted to charge its
most current and customary Emergency Medical Service charges to each patient as
adopted by City Council. A copy of Ordinance 98-2273, establishing the current
charges, is attached.
IV.
LA PORTE will respond to requests for emergency medical services and
emergency medical services protection will be adequate (meaning reasonable
protection, considering available personnel and equipment of LA PORTE's Emergency
Medical Services) to provide emergency medical services.
V,
COMPLIANCE WITH LAW AND ORDINANCES
LA PORTE agrees to operate the ambulances in accordance with the
requirements of the State and Federal law, and applicable municipal or county
ordinances, as the same now exists, and as may be amended from time to time
hereafter.
VI.
LIABILITY INSURANCY
During the term of this Contract and any extension thereof, LA PORTE shall
purchase and keep in full force and effect, public liability insurance on each of its
ambulance units, and professional liability insurance (malpractice insurance) on each
of its employees administering patient care, with minimum limits of ($100,000.00) for
each single occurrence for injury to or destruction of property; ($100,000,00) for each
person; and ($300,000,00) for each accident. LA PORTE shall keep and maintain
Workers' Compensation insurance on its employees, LA PORTE shall maintain
collision and liability insurance on the ambulances, with at least maximum limits of
$100,000,00) for each single occurrence for injury to or destruction of property;
($100,000,00) for each person; ($300,000.00) for each single occurrence for bodily
injury or death; and uninsured and under-insured motorists coverage providing at least
($100,000,00) for each person, and ($300,000,00) for each single occurrence for bodily
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injury or death, Notwithstanding the foregoing, LA PORTE shall not be required to
obtain insurance in excess of liability limits established in the Texas Tort Claims Act,
Section 101,001 et seq, or of the Texas Civil Practice and Remedies Code, in cases
where said Act is applicable, The City shall file certificates of insurance coverage with
the PORT during the terms of this Contract and any extension thereof. On all said
insurance policies, PORT shall be named as an additional insured,
VII,
REVOCA TJON OF CONTRACT
Either the PORT or LA PORTE may cancel this Contract, without cause; after
giving at least ninety (90) days written notice to the non-canceling party, Such notice
shall be sent by LA PORTE to the PORT at P. O. Box 2562, Houston, Texas 77252-
2562. Such notice shall be sent by the PORT to LA PORTE at P, 0, Box 1115,
La Porte, Texas, 77572-1115, Attention: City Manager,
VIII.
TERM
This contract shall become effective at 12:00 AM. Central Time, on the 1st day of
October, 2000, and shall remain in full force and effect until the 30th day of September,
2001, unless otherwise canceled as provided in paragraph VII above, This Contract is
entered into subject to the Charter and Ordinances of the City of La Porte, and all
applicable state and federal laws,
IX.
This Contract constitutes the entire agreement between the parties and
supersedes all prior contemporaneous communications or agreements, written or oral.
This Contract may be amended only by a written instrument signed by all parties,
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This contract shall be governed by and construed in accordance with the laws of
the State of Texas,
EXECUTED IN DUPLICATE ORIGINALS, as of this the dirtLday of
CC../vAU , 2000,
CITY OF LA PORTE
By: G~ T. ~~
Robert T. Herrera,
City Manager
ATTEST:
1!kC1/J:llOv,li~ N,il
Ma a Gillett, City Secretary
Executive Director
APPROVED AS TO FORM:
APPROVED:
t#1.bJ ~A1
Counsel
JA~
Protection Services Director
FUNDS ARE AVAILABLE TO MEET J'HIS
OBLIGATION WHEN DUE:
~"} '. \". ..~'H..~.".. -.",-"" t' ;~: .1 ,,,<.'~.
,- \,,\ !/ .
~t \. L, ~ ','"'-
'\} . .~YL>-v', l/~1/I.C).-
County Auditor
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ORDINANCE NO. 98-2273
AN ORDINANCE ESTABLISHING A RATE STRUCTURE FOR THE CITY OF LA PORTE
EMERGENCY MEDICAL SERVICE; CONTAINING A SEVERABILITY CLAUSE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTrvE DATE HEREOF.
BE IT ORDAINED By THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The rate structure as shown on Exhibit "A"
attached hereto, incorporated by reference herein, and made a part
hereof for all purposes, is hereby established for the provision of
emergency medical services by the ci ty of La Porte Emergency
Medical Service.
Section 2. The rates established under this Ordinance shall
be effective the-~st day of October, 1998.
Section 3. 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 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
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
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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 5. This Ordinance shal.l be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 24th day of August, 1998.
CITy OF LA PORTE
By:
~~
an . Malone
Mayor
ATTEST:
/'
~
-Knox W. ASk~
City Attorney
. )
-2-
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The City of La Porte
Emergency Medical Service
Rate increase
Effective October 1, 1998
Procedures/Oru s
Base Rate
Stand-b Rate/Hour
Milea e
Life FIi htl Other trans ort
Treatment, No Trans ort
I nfection- Control
S inallmmobilization
E.C.G.
o en Setu
M.A.S.T.
C.P.R.
Blood Draw
IV Setu / Saline Lock
Banda in Per Site
ET / EOA
EGTA
OB Kit
Intraosseous Cannulation
Ba Valve Mask
Suctionin
S lintin Per Site
External Pacemaker
N u blizer
Price
$350.00
$40.00
$6.50 Per Loaded Mile
$ 350.00 Plus Su lies
$ 175.00 Plus Su lies
$ 50.00
$ 40.00
$ 50.00
$ 35.00
$ 40.00
$ 50.00
$ 20.00
$ 35.00
$ 20.00
$ 50.00
$ 30.00
$ 25.00
$ 75.00
$ 50.00
$ 25.00
$ 20.00
$ 75.00
$ 35.00
EXHIBIT A
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Lavage Kit $ 150.00
Chest Decompression $ 50.00
Glucometer $ 15.00
E.C.G. Pads $ 15.00
Defibrillation $ 75.00
Pulse Oximeter $ 20.00
Auto Ventlation $ 25.00
Surgical Airway $ 120.00
Retograde Intubation $ 125.00
Narcan $15.00
Thiamine $15.00
Dextrose 500/0 $15.00
Benadryl $ 15.00
Atropine $ 15.00
Sodium Bicarbonate $ 15.00
Epinephrine 1 : 1000 $ 15.00
Epinephrine 1:10,000 $ 15.00
Dopamine $ 30.00
Lasix $ 15.00
Nitroglycerin $ 15.00
Activated Charcoal $ 15.00
Morphine $ 15.00
Lidocaine 100 mg. $15.00 .
Lidocaine Drip $'15.00
I nstarlt Glucose $ 15.00
Tetracaine $ 15.00
Adenosine $ 15.00
Albuterol $15.00
Mannitol $ '50.00
Ipecac $.15.00
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IV Fluids
Solu-Medrol
Ma nesium Sulfate
Bre Hum
Atrovent
Vasotec
Gluca on
Ramazicon
Succin Icholine
Versed
$ 20.00
$ 15.00
$ 15.00
$ 15.00
$ 15.00
$ 50.00
$ ~.OO
/:50.00
'$ 50.00
50.00
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JtW~
ORDIllIDCE NO. 2000- 9t ~ '7 {" Jft-1
AN ORDI:BAltCE APPROVDlG AlID AUTHORIZING A COllTRACT BBTWED THE CITY
OF LA PORTE AIm THE PORT OF HOUSTOB AUTHOlUTY, FOR THB PROVI:SIOB OF
EKERGBJlCY JlEDICAL SERVICES BY THE CITY OF LA PORTE; DIaBG VAlUOUS
FIJ1DDlGS AIm PROVISIOlfS RBLATJ:lIG TO THE SUBJECT; REPBALDlG
ORDIDJlCB HO. 2000-2376; FIImDtG COJIPLIABCB w:ITH THE OPBli XBETI:l!IGS
LAW; AJID PRov:IDDIG All DTECTrvE DATE BBREOF.
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. Ordinance No. 2000-2376, passed and approved on
February 14, 2000, is hereby repealed.
SeetioD 3.
The City Council officially finds, determines,
reci tes, and declares that a suff icient 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.
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ORDINANCE NO. 2000- J, t-lLfa..
Pia 2
Section 4. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 23rd day of october, 2000.
CITY OF LA PORTE
By:
)/-/ -,", ..<,
1// . ~J.'t'1 /. //
,?,//.tf'ij.qlAfq c;:? /:? (~#JL-,----_
Norman L. Malone
Mayor
ATTEST:
'-1r]aAJiJo.l) jlJ.1JJ-f
MartUla A. Gillet
City Secretary
/l
///
APPROVED: ///
........--\.. /
.../ ./~..~.. 1'1 /~r,l/ /' ~
a. .' /" /"
. / / ~ ,:./ b'/
/ ?,., / /,< / ,,/ ,-1
t___t-trJ.r:. .?[/ - L--e..-~~.t'L/'""
Knox W. Askins
city Attorney
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 23. 2000
Requested By: Robert T. Herrera
Approoriation
Source of Funds: NI A
Department: Administration
Report: _RellOlution: _Ordinance: ..n.-
Exhibits: "A" - ProP9sed Policv & Application
Account Number: N/A
Amount Budgeted: N/A
Amount Requested: N/A
Exhibits:
Budgeted Item: YES
NO@
Exhibits:
SU~RY & RECOMMENDATION
At the recent City Council retreat, Council reviewed sample policies from several cities for naming municipal
facilities. Council then directed the City Manager to prepare a customized policy for naming City of La Porte
facilities.
The attached policy provides for submitting a formal application to the City Secretary's office and for a committee
of the (3) At-Large positions, appointed by City Council, to review and recommend applications to the full
City Council for consideration, This policy will become effective immediately upon approval of
Ordinance No. 2000-2443,
To be eligible for naming a facility or parkland in honor of an individual. tile individual must have:
. donated land or a major portion of funding to constIUct or renovate a facility and/or,
. significantly contributed to the historical development of the community and/or,
. been deceased for a minimum of 5 years and must have served in an elected or appointed position of tile
City of La Porte.
In addition to naming facilities, this policy also has a provision for donation of a tree with memorial plaque for a
City park or facility.
A copy of this policy will be distributed to all departments for inclusion in their City-wide Policies and Procedures
Manual.
Action ReauireCrt bv Council:
Approve Ordinance No. 2000-2443 adopting a policy for naming City of La Porte facilities.
Approved for C;itv Council A2enda
~~ 'f. \-\~
Robert T. Herrera, City Manager
\0" 19-Ov
Date
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ORDINANCE NO. 2000- J,4J./3
AN ORDINANCE APPROVING AND ADOPTING A POLICY FOR THE NAMING OF CITY
OF LA PORTE FACILITIES; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council of the City of La Porte hereby
authorizes and adopts a policy for the naming of City of La Porte
facilities, in form attached to this Ordinance as Exhibit "A",
incorporated by reference herein, and made a part hereof for all
purposes.
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.
PASSED AND APPROVED, this 23rd day of October, 2000.
~F LA PORTE
BY:. ~ ~ .
N man ~ Mal~MaYOr
ATTEST:
~/JldfN() .()iWIJ
~. Gillett, City Secretary
AP~~
Knox W. Askins, City Attorney
Exhibit "A"
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POLICY FOR NAMING
CITY OF LA PORTE FACILITIES
PURPOSE
To establish guidelines and procedures for the naming of municipal facilities or donation of a
memorial tree with plaque.
PROCEDURES
A. To initiate the naming process, an application should be requested from and returned to the
City Secretary's Office. A set of Procedures and Guidelines will accompany each application
for completion.
B. A standing Committee, appointed by Council and composed of Councilmembers from the
three (3) At-Large Positions (Mayor, Position "A," and Position "B"), will consider all
applications and provide recommendations.
C. The Council Committee will present their recommendation to the full City Council to
consider the naming of the City facility or parkland,
D, Generally, municipal facilities will be named immediately prior to or during development of
the facilities.
GUIDELINES
1. In honor of individuals who donate land for park space or qonate a major part of the funds
req1.lired to construct or renovate a facility. A minimum of fifty percent (500!c>>) or more of the
total funds is necessary to constitute a major portion.
2, Outstanding and/or predominant historical features of significance, Historical features will
include the names of early residents or citizens and/or events of significance to the area's
development.
3, In honor of deceased 10cal community leaders. Deceased local community leaders must have
served in an elected or appointed position of the City of La Porte. These leaders must have
provided outstanding personal service that has resulted in a significant and enduring
contribution to the community and have been deceased for a minimum of five (5) years.
4. In honor of deceased nationalor state leaders. Deceased national or state leaders must have
directly impacted the citizens of La Porte and have been deceased for a minimum of
five (5) years,
5, In relation to outstanding and/or predominant geographical characteristics or physical
features of the land. such as streams, rivers, plant species, etc. Geographical and physical
features will include those naturally occurring. (i.e., vegetation materials, streams, rivers,
creeks, lakes or forested areas), and those man~made, (i.e., subdivisions, streets,
office/industrial complexes or other commercial areas).
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6. In relation to a street or streets adjacent to the facility or parkland.
7, In relation to a subdivision that houses the facility or is adjacent to the parkland.
8. Municipal recreation centers that are a part of or lie within the boundaries of a park shall bear
the name of that park unless the park name cannot be incorporated in the facility name.
9, Municipal facilities may be given the same name as a school site, where the sites abut one
another.
10, Renaming ofa public street. Renaming ofa public street shall require the concurrence from
a minimum of seventy.five percent (75%) of the property owners abutting the proposed
street. Persons and/or groups submitting street names for consideration shall be required to
provide a notarized list of concurring property owners and to defray the cost (at least 6()oJc.) of
installing signs and other expenses (Le. maps, plats, 911, etc.) Streets in newly platted
subdivisions or streets that have not been developed are exempt from this policy,
11. Renaming of a municipal facility. Renaming of municipal facilities may be considered if
exceptional circumstances exist, but should not be a common practice. In such
circumstances, care must be taken to avoid renaming because the purpose of the prior naming
had become obscured over time (and thus eliminate appropriate recognition or honor),
12. Donation of a tree for City park or facility. If more appropriate for the circumstances, a
request may be presented to plant a tree in memory of the significant contributor. A small
plaque (no larger than 12 inches by 12 inches) will be placed at the foot of the tree with
name, date(s), and honored contribution to the community, The plaque must be installed to
grade. This memorial shall follow the same recommended guidelines as for naming a
facility.
DEFINITIONS
Facilities:
A municipal facility or municipal facilities shall be any real properties that are owned by the City
of La Porte such as, but not limited to public buildings, parks, streets, or any other City-owned
structures or property.
Financial Benefactor Criteria:
Individuals (deceased), organizations, or entities nominated under tbis category shall make, or
have made, a significant financial contribution toward a facility. Significant financial
contributions will be measured also by the impact a single contribution makes toward the
successful conclusion of or continuing operation of the facility to be named. Depending on the
impact, the naming could be for the entire facility or some portion (i.e., a room).
Historical/Symbolic Criteria:
Facilities may be named for individuals, families, organizations or entities who, for historical or
symbolic reasons, have contributed to the community. Nominated individuals shall have been
deceased for a minimum of five (5) years. When considering individuals or families under this
category, criteria will include their character, service to the community, leadership and
inspiration to others.
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Civic Contribution Criteria:
Individuals selected within this category shall have been deceased for a mlmmum of
five (5) years and shall have been selected. based on many years of service to the community and
in consideration of their positive impact on the development and well being of the entire
community. These nominations should be made objectively, without consideration to illness,
misfortune, or incidents creating emotional responses. Organizations should be nominated
according to the same criteria.
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APPLICATION FOR NAMING
A
CITY OF LA PORTE FACILITY
Please provide the information requested and return this application to the City Secretary's Office.
Applicant Information
Name:
Address:
Phone:
Facility Information
Location:
Current Name:
Function or Facility:
Proposed Name:
Contributions
In the spaces provided below, briefly explain how the proposed individual, family, organization,
or entity has contributed to La Porte. You may use any combination of categories, as is
appropriate to the nomination, to describe the contributions made. For further assistance, please
refer to the Procedures and Guidelines for the Naming of Public Facilities.
Financial Contribution
Historical/Symbolic Contribution
Civic Contribution
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 23. 2000
Aoorooriation
Requested By: Robert T. Herrera/Carol Buttler
Source of Funds: HotellMotel CIP Fund
Department: Administration
Account Number: 037-9892-822-1100
Report: _Resolution: _Ordinance: :xx Amount Budgeted: $6.000.00
Exhibits: Aueement with Main Street Association Amount Requested: $6.000.00
EIbibits: Aueement between Main Street Association Budgeted Item: NO
and Reliant HL&P
EIbibits: SaDq)Ie of Decorative BanftP.r
SU~RY & RECOMMENDATION
The City of La Porte has established ClP Project REV822 to participate with the Main Street Association and the
La Porte-Bayshore Chamber of Commerce in funding opportunities that will ~ the Main Street area to attract
tourism to our City.
Display of decorative banners is one of the curtent joint ventures of the City of La Porte and the Main Street
Association. City staff and Main Street Association representatives have coordinated efforts with Reliant HL&P
(RE HL&P) and Texas Department of Transportation (TxDOT) to implement this new program.
Staff from all involved entities approved the decorative banners' design, (created by City staff in-house). Both
TxDOT and RE HL&P have approved banner display on 17 predesignated steel street light standards, along
Main Street, from SH 146 to South Broadway (approximately 2 per block). All entities have agreed to display the
decorative banners on a quarterly schedule to coincide with peak festival/event seasons within La Porte. However,
display of Christmas decorations will take priority over decorative banners, if necessary.
The Main Street Association will purchase the banners, contributin8 a minimum of $2,000.00, and will request
reimbursement from the City of La Porte that is not to exceed $6,000.00 for the initial purchase of banners. The
Main Street Association will be responsible for storage of the decorative banners, notifying the City of any damaged
or worn banners, and coordinating any replacement or purchase of new decorative banners. The City will assist with
removal and reinstallation of decorative banners. Vendor will provide RE HL&P approved brackets to attach
banners to street light standards and initial installation. The City Engineer has approved these brackets, which must
be of a breakaway design to allow for a wind load of 50 pounds, .
Action Required bv Counell;
Approve Ordinance No, 2000-2444 authorizing the City Manager to execute an agreement with the
Main Street Association for display of decorative banners.
ADDroved for City Council Aeenda
G<~ \. \:\~
Robert T. Herrera, City Manager
'o~l<3-00
Date
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ORDINANCE NO. 2000- #.4~4
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY
OF LA PORTE AND THE LA PORTE MAIN STREET ASSOCIATION, REGARDING THE
PURCHASE AND DISPLAY OF DECORATIVE BANNERS ON MAIN STREET;
APPROPRIATING $6, 000. 00, TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking described in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The City Manager is hereby authorized to execute such
document and all related documents on behalf of the City of La
Porte. The City Secretary is hereby authorized to attest to all
such signatures and to affix the seal of the City to all such
documents.
Ci ty Council appropriates the sum not to exceed
$6,000.00 from the Hotel/Motel Fund to fund said contract. The La
Porte Main Street Association has agreed to contribute a minimum of
$2,000.00 to fund the initial purchase of the banners.
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.
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ORDINANCE NO. 2000-~~~4
PAGE 2
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so. ordered.
PASSED AND APPROVED, this 23rd day of October, 2000.
CITY OF LA PORTE
BY:~
I orman -. Ma e,
Mayor
ATTEST:
~/JhL() JDJJJ!
- Mar ha A. Gillett,
city Secretary
Knox W. Askins,
City Attorney
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AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE LA PORTE MAIN
STREET ASSOCIATION REGARDING THE PURCHASE AND DISPLAY OF
DECORATIVE BANNERS ON MAIN STREET
BECAUSE, the La Porte Main Street Association "Association" wishes to display decorative
banners "Banners" to attract visitors to the City of La Porte "City" and its various retailers and
amenities; and
BECAUSE, the Association has agreed to contribute a minimum of $2,000.00 to fund the initial
purchase of the Banners; and
BECAUSE, the City supports the Association and its efforts to attract visitors to the City as well
as patrons for local retailers; and
BECAUSE, the City has agreed to contribute an amount not to exceed $6,000.00 from the
HoteVMotel Fund to fund the remaining costs of the initial purchase of Banners; and
BECAUSE, Reliant Energy-Houston Lighting and Power "RE HL&P" has jurisdiction for the
street light standards "Standards" to support the Banners and has agreed to provide permission
for attachment of Banners to these structures, and
BECAUSE, the State of Texas Department of Transportation "TxDOT" regulates the use of
Main Street east of SH 146 under its jurisdiction and agrees to approve display of the Banners
over their right-of-way; and
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration of the
mutual covenants, agreements and benefits to both parties, it is agreed as follows:
I.
The Association and City will submit a written request for a permit from TxDOT for use of the
street right-of-way to display the Banners. The Association and City will enter into a formal
agreement with RE HL&P for use of the Standards. The City will agree to provide signed and
sealed engineer approved drawings of brackets to support these Banners according to RE HL&P
specifications.
II.
The City has provided final approval of banner design contingent on approval of design and
dimensions by RE HL&P and TxDOT. Any additional decorative banner designs or any change
in the existing decorative banner design shall comply with the same approval process as that for
original Banners.
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The Association shall be responsible for purchase of all Banners and shall submit to the
City Manager's Office an invoice for the full amount of purchase with a cover letter requesting
City funds. The Association shall be responsible for notifying the City in writing of a need to
replace damaged or worn Banners. Both the Association and the City shall bear replacement
costs of Banners. The Association shall provide for storage of Banners.
III.
The City, Association, RE HL&P, and TxDOT have agreed to a display period of thirty
(30) days per quarter for Banners. Vendor to provide initial installation of Banners. The City
and Association will agree to provide for quarterly removal and reinstallation of Banners.
No organization other than the Association or City shall have use of the RE HL&P Standards for
display of Banners. The City shall reserve the right to have any or all Banners removed if
Standards are required for display of Christmas decorations.
IV.
This instrument contains the entire agreement between the parties relating to the rights herein
granted and the obligations herein assumed. Any representations or modifications concerning
this agreement shall be of no force or effect excepting a subsequent modifications in writing
signed by both parties hereto.
V.
This agreement will be in force for a period of one (1) year(s) with I-year renewal options. By
agreement of both parties, this agreement may be extended for the necessary period of time to
fund any future items for the improvement of Main Street.
IN TESTIMONY WHEREOF, this instrument has been executed in duplicate counterparts, each
to have the effect of an original as follows:
'J2rd . (
It has been executed on behalf of the City on th~1Clay of LO~-Io!Jf , 2000,
by its City Manager and attested by its City Secretary, pursuant to an Ordinance
of the City Council of the City of La Porte, authorizing such execution; and
It has been executed on behalf of the Association on the .LJ!!-day ofSel'ime:'~ooo,
by its President and attested by its Secretary, pursuant to authorization from the
Board Directors of the La Porte Main Street Association, authorizing such
execution.
(A)
(B)
CITY OF LA PORTE
By: G~T!~
Robert T. Herrera, City Manager
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ATTEST:
Approved:
LA PORTE MAIN STREET ASSOCATION
By: BO~~P~
ATTEST:
- ~~'"~~~ ~ ~ ~CL~I,;Jc
of Main Street Association
3
AUG-10-1999 16:34
e HL&P BAYTOWN S/C
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713 425 7370 P.02
Banner Agreement
This Agreement is made and effective as ofthe~~day of g~tober 2000 .x~~
by and between Reliant Energy HL&P (HL&P) and T,;:! Prll'--!-p M;:!l n Strppt Association
RECITALS
WHEREAS, M;:! 1 n street ASSQGiatiorilIld HL&P wish to enter into this
Agreement which will govern. the installation of Banners on HL&P street light standards:
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
and intending to be legally bound, the parties hereto consent and agree as follows:
L Installation of Banners: Main street Association
may arrange installation of up to two banners (the Banners) on each street light standard
owned by HL&P (the Standards) according to the following options.
Option 1 Single Arm Installation
The Banners will be secured along the top length by an arm affixed to the
Standard by bolted galvanized or stainless steel pressure plates. Neither the Banner nor
any related hardware shall be affixed to the street light ann of the Standards. The
Banners will maintain a minimum clearance over the center line or any road or driveway
in accordance with the national Electrical Safety Code or local ordinance with a minimum
16 foot clearance- The Banners will maintain a minimum 9 feet of clearance over
sidewalks. Necessary clearance will also be maintained with respect to traffic signals and
other equipment installed on the Standards. The barmers will be designed with 2
permanent attachments at the top and one (1) breakaway attachments at the bottom. The
nuu L~-LJ~J LU.~~
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bottom comer farthest from the pole will be allowed to wave freely. Bottom attachments
will be designed to breakaway at a wind load of 50 Ibs. total. Stamped engineered
drawings of breakaway detail to be approved by HL&P prior to final execution of this
agreement by HL&P.Main Street ~ssociation __ shall provide HL&P with five
business days advance notice of new Banner installations. The maximum size of each
banner will be 2 feet in horizontal width and 4 feet in vertical length.
Option 2 Dual Arm Installation.
The Banners will be secured on both ends by an arm affixed to the Standard by
bolted galvanized or stainless steel pressure plates. Neither the Banner nor any related
hardware shall be affixed to the street light arm of the Standards. The Banners will
maintain a minimum clearance over the center line or any road or driveway in accordance
with the national Electrical Safety Code or local ordinance with a minimum 16 foot
clearance. The Banners will maintain a minimum 9 feet of clearance over sidewalks.
Necessary clearance will also be maintained with respect to traffic signals and other
equipment installed on the Standards. The banners will be designed with 2 permanent
attachments at the top and 2 breakaway attachments at the bottom. Bottom attachments
will be designed to breakaway at a wmd load of 50 lbs. total. Stamped engineered
drawings of breakaway detail to be approved by HL&P prior to final execution of this
agreement by HL&P. N/A _.~___ shall provide HL&P with five
business days advance notice of new Banner installations. The maximum size of each
banner will be 2 feet in horizontal width and 4 feet in vertical length.
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2. Review of Banner Desif!D and Specifications:
Main street Association
_.-- .__agrees that a sample of the Banners
will be submitted to and reviewed by HL&P prior to installation.
3. Location of Banners: The Banners shall be installed only upon standards
located within the area designated by the governing agencies and indicated on the
attached map layout Each location of installation will be identified by specific streetlight
number by the requesting party and approved for installation by H;L&P Lighting Design
and Services.
4. Removal of Banners: If the Banners are not installed in accordance with
this Agreement, or ifHL&P determines, in its sole discretion, that the Banners are unsafe,
Main street Association
will remove the Banners within 24 hours of
being notified by HL&P to do so. If
~ain St~~~t Associ~tion
fails to
remove the Banners within 24 hours of such notice, HL&P may remove the Banners
HL&P
. In the event HL&P
without liability to
determines that the Banners are unsafe due to the issuance by the National Weather
Service of a hurricane warning encompassing the Designated Banner Area, then HL&P
may immediately remove the Banners without prior notice to
Main street Association
. Should HL&P remove any Banners under the
provision of this paragraph,
Main Streeb Association
agrees to
promptly reimburse HL&P for the actual cost of such removal.
5. Indemnification: The customer agrees to protect, defend. indemnify and
:1
hold HL&P, its corp Or! affiliates, and their respective offi., directors, employees and
agents, free and harmless from and against any and all such claims, demands, causes of
action, suits or other litigation (including all costs thereof and attorney fees) of every kind
and character arising in favor of the customer or any third party (including, but no limited
to, personnel furnished by the customer or its suppliers and subcontractors of any tier) on
account of bodily injury, death or damage to or loss of property in any way occurring,
incident to, arising out of or in connection with the installation, maintenance or presence
of flags and banners on the non-standard street lights, where, and to the proportionate
extent that such damage or injury is caused by the sole, joint, concurrent, contributing or
comparative negligence or fault of the customer, any third party, or their respective
officers, directors, employees or agents. To secure this obligation, the customer agrees to
obtain and maintain in effect a policy or policies of insurance with policy limits of not
less than $1,000,000. Such policy or policies shall include HL&P as an additional
insured and shall include a waiver or subrogation in HL&P's favor. The customer shall
furnish a Certificate of Insurance ofHL&P prior to the installation of the flags/banners.
The customer shall cause its insurer( s) to provide to HL&P the same notice as insurer (s)
give to the customer regarding cancellation, non-renewal, change in coverage or policy
limits and other similar matters.
6. Term of Aereements: This Agreement shall continue in effect until
terminated by either party upon 30 days advance written notice to the other party.
7. Notices: For purposes of this Agreement, notices and all other
communications provided for herein shall be in writing and shall be deeme~ to have been
duly given when personally delivered or, except with respect to the notice requirements of
paragraph 4 hereof" when mailed by United States registered or certified mail, return
4
Teceint reauested. postage prepaid, addressed as follows:
. e
If to Customer. Name
Address
Phone Number
If to HL&P: Ho.on Lighting & Power
P.O.Box 1700
Houston, TX 77251
Attention: Carlton Porter
or to such other address as either party may have furnished to the other in writing in
accordance herewith, except that notice of change of address shall be effective only upon
receipt. .
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and
delivered as of the day and year first above written.
By flo~~ ~~
By_
To;; Porte M;;; n ~r1"'Ppr ll.~-s:o("i ::or) on
Printed Name (1~,/ J'G4I~Printed Name
Title r;"'~~ Title
Date: Dt 1 J.' /:,) \j Date:
HOUSTON LIGHTING & POWER COMPANY "-
By C/ye:A:r
Printed Name M4tr"A/ r.4.Wrl::12
Title 5t.1PL~v( S/1d - t..u;t'/rt~~ /).!lSI"JI
Date: 7~1/t;{)
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Requested By:
OUNCIL AGENDA ITEM
Agenda Date Requested:
Appropriation
Source of Funds: N/A
Department:
Account Number: N/A
Report:
Resolution:
Ordinance:
:xx
Amount Budgeted: N/A
Exhibits:
Ordinance No. 1703-A
Amount Requested: N' A
Exhibits:
Report
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
In 1990 the City established rental rates for rental of the municipal recreation centers for special events. The rental
rates have remained unchanged for the past 10 years. The initial rates charged was set fairly low to accommodate
those who needed a place to host a family gathering, a wedding reception, or other event. The current rental rates do
not generate enough revenue to pay for the cost of operation of the centers. Rising salaries and the use of overtime to
assure that a caretaker is on-site to meet our Lessee's immediate needs and to protect the interests of the City has
increased the cost of operation for the rental process. Staffhas surveyed the operation of various cities in the area for
their rental prices of comparable facilities. Based on the estimated cost of operations and on the survey results it is
apparent that our rates for center rental need to be adjusted to reflect our increased cost of operation and to be more
equitable compared to other municipal facilities in the area The proposed rate allows room for future cost growth
over the next several years and should serve the City's interests well for the foreseeable future.
Council previously tabled this item during its September 9th Council Meeting for revision by the City Attorney's
office. At issue were the charges for use of the facilities by non-profit groups. Section 2a has been amended to
address the use and charges for non-profit groups that have an office located in La Porte. Section 2b has been
amended to address the use and charges for non-profit groups that do not have an office in La Porte. The Ordinance
has been amended to comply with the La Porte Code of Ordinances and to clarify the charges and usage of the
subject facilities by non-profit groups.
Staff recommends that the proposed Ordinance amending the effective rates for rental of the City's recreation
centers, beginning January 1,2001, be adopted.
Action Required bv Council:
Consider an ordinance amendment authorizing and approving the rental fee policy and schedule for City
Recreational Facilities.
Approved for City Council A2enda
QJ~ T. ~
Robert T. Herrera, City Manager
\0 -\.'1- c)u
Date
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ORDINANCE NO. 1703-A
AN ORDINANCE AMENDING CHAPTER 50, "PARKS AND RECREATION", ARTICLE
VII, "CIVIC AND RECREATION CENTERS", OF THE CODE OF ORDINANCES OF
THE CITY OF LA PORTE, AND APPENDIX A THERETO; ESTABLISHING A RENTAL
FEE POLICY AND FEE SCHEDULE FOR CIVIC AND RECREATION CENTERS;
CONTAINING A SEVERABILITY CLAUSE; 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.
Section 50-271, "Days and hours for rental of
facilities", subparagraph (b), is hereby amended, and shall
hereafter read as follows, to-wit:
"(b) The Evelyn Kennedy civic Center, the Jennie Riley
Recreation Center, the Charles Walker Annex, the Fairmont
Recreation Center, and the Brookglen Recreation Center, shall
be available for rental Monday through Thursday, from 8:00
a.m. until 10:00 p.m., and Friday through Sunday, from 8:00
a.m. until 12:00 midnight, subject to availability."
Section 2. A new Section 50-272, "Classification of users and
hourly rates", is hereby amended, and shall read as follows, to-
wit:
"Sec. 50-272. Classification of users and hourly rates.
(a) Civic/nonprofit groups. civic and nonprofit groups
shall pay an hourly rate as established by the city and listed
in appendix A of this Code. This rental rate shall apply to
any nonprofit organization, which has a local office in the
City of La Porte. The requesting organization must present
proof of its nonprofit status. This rate pertains to events
such as exhibits, shows, demonstrations, seminars and other
civic activities for which an admission fee is not charged,
nor funds raised. This rate also applies to organizations,
associations and religious acti vi ties or banquets held to
raise money, when net receipts shall be donated to the charity
or community project for which such. function is intended.
Verification of receipts will be requested.
(b) Private individuals or groups. Private individuals or
groups shall pay hourly rates as established by the city and
listed in appendix A of this Code. This rental rate shall
apply to professional exhibitions or contests, promotional and
public dances, commercial shows and other attractions
sponsored or contracted by profit making or commercial
organizations or individuals at no charge to the public. This
class shall also apply to private use, such as weddings and
receptions" private parties, fund raising events for nonprofit
groups that do not have an office in the city of La Porte, and
the like.
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(c) Commercial organizat;ions engaged in for-profit; act;ivit;y.
Commercial organizations engaged in for-profit activity shall
pay an hourly rate as established by the city and listed in
appendix A of this Code. This rental rate shall apply to any
organization which charges instructional or admissions fees to
participants or attendees for events at the centers such as
karate classes, gymnastics, and the like. This class shall
also apply to any commercial event organized for the purpose
of profiting from the public at these facilities.
The commercial group must furnish a comprehensive general
liability insurance policy, with the city named as an
additional named insured, with limits of liability of not less
than One Million Dollars ($1,000,000) combined single limit
bodily injury and property damage per occurrence. The
organization shall furnish the city with certificate of
insurance evidencing such coverage.
(d) Hourly rat;e for set;-up. Lessees will be required to pay
the hourly rate for set-up, rehearsal event, and clean up.
The city will not be responsible for any items left on the
premises before, during, or after any event by organizations,
participants, or attendees."
Section 3.
A new Section 50-273, "Reservation damage
deposit", is hereby added, and shall read as follows, to-wit:
"Sec. 50-273. Reservation and damage deposit
Reservations must be accompanied by a Reservation and Damage
Deposit as established by the city and listed in Appendix A of
this Code. The deposit is in addition to the rental rate.
The Reservation and Damage Deposit will reserve the facility
for the Lessee until rental payments are made and will provide
protection to the Lessor for any damage to the Centers caused
by Lessee. Failure of Lessee to vacate premises at the
designated hour and/or damages, loss or theft of city property
will subject Lessee to additional fees for rental and
security, and said additional fees will be deducted from the
Reservation and Damage Deposit. Lessee may also be billed for
any damages exceeding the deposit amount."
Section 4. A new Section 50-274, "Cancellation", is hereby
added, and shall read as follows, to-wit:
"Sec. 50-274. Cancellation
In the event a rental date is canceled, Lessee shall provide
written notice of the cancellation to the city at least thirty
(30) days prior to reservation date in order to receive a full
refund. One-half (1/2) of the Reservation and Damage Deposit,
as established by the city and listed in Appendix A of this
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Code, is automatically forfeited on any cancellation made less
than thirty (30) days prior to the reserved date. If proper
written notice is not received by the city more than thirty
(30) days prior to a scheduled event, Lessee may transfer
rental monies to another date; however, one-half (1/2) of the
Reservation and Damage Deposit will be retained by the city.
In this case, Lessee will be required to pay an additional
fee, as established by the city and listed in Appendix A of
this Code."
section 5.
A new section 50-275,
"Cancellation and
rescheduling by the city", is hereby added, and shall read as
follows, to-wit:
"Sec. 50-275. Cancellation and rescheduling by the city
The Parks and Recreation Department reserves the right to
cancel and/or reschedule any building or facility rental for
just cause upon due notice including any safety, health or
weather emergency, or any inability of the Parks and
Recreation Department to fulfil the rental agreement. Such
cancellation by the Parks and Recreation Department shall
entitle the user to rescheduling or refund privileges."
section 6. A new section 50-276, "Alcohol consumption", is
hereby added, and shall read as follows, to-wit:
"Sec. 50-276. Alcohol consumption
Alcohol consumption shall be permitted at the Evelyn Kennedy
ci vic Center only. Alcohol cannot be sold at the Evelyn
Kennedy civic Center. Alcohol permi ts are required for
alcohol consumption and are issued at the Parks and Recreation
Department, for an additional fee as established by the city
and listed in Appendix A of this Code. Alcohol consumption
will be confined to the area designated by the city but to
generally include only the congregate area. No alcoholic
beverages can be carried out of that designated area, as
identified in the rental contract."
Section 7. A new Section 50-277, "Parking fees", is hereby
added, and shall read as follows, to-wit:
"Sec. 50-277. parking charges
Neither the City of La Porte, nor its Lessees, shall make
any charge for parking at the Centers."
Section 8.
A new Section 50-278, "Religious services", is
hereby added, and shall read as follows, to-wit:
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"Sec. 50-278. Religious services
No regularly scheduled religious services shall be permitted
at the Centers."
section 9.
A new section 50-279, "Security officers", is
hereby added, and shall read as follows, to-wit:
"Sec. 50-279. security officers
It shall be the responsibility of the Director of Parks and
Recreation, or his designee, to determine the number of
security officers required for each event, and to arrange for
such security service. The security service charge will be
provided at the officers prevailing contract rate and will be
in addition to the rental rate."
section 10. A new section 50-2710, "Rules and Regulations",
is hereby added, and shall read as follows, to-wit:
"Sec. 50-2710. Rules and regulations
Rental of Centers will be subject to reasonable rules and
regulations, which shall be promulgated by the Director of
Parks and Recreation, or his designee, with the approval of
the City Manager. The City of La Porte reserves the right to
refuse rental of its Centers to any person, firm, or group,
for lewd or immoral purposes, or when the activities of such
group may reasonably be expected to result in a breach of the
peace, or cause a threat to public health or safety."
section 11.
Appendix A -- Fees, Article VII , civic and
Recreation Centers, shall be amended, and shall hereafter read as
follows, to-wit:
"Article VII. civic and Recreation Centers
(a) Users and hourly rates
50-272
(1) Civic/nonprofit groups
per hour.. . . . . . . . . . . . . . . . . . . . . . . 15.00
(2) Private individuals or groups
per hour........................ 25 . 00
(3) Commercial organizations
engaged in for-profit activity
per hour........................ 25.00
(b) Reservation and damage deposit...... 200.00
50-273
(c) Cancellation (forfeiture)........... 100.00
50-274
(d) Alcoho'l permit fee..................
5.00
50-276"
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section 12. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, 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 13. 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 14. This Ordinance shall be in effect from and after
its passage and approval. The amendments contained herein, and the
changes in rates and hours of operation, shall be effective January
1, 2001.
PASSED AND APPROVED, this 23rd day of October, 2000.
By:
~ OF LA PORTE
~/b~~~~
N an L. Malon
Mayor
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ATTEST:
'--fJ~afll;/1; O. fiJ/m
Mar ha A. Gillett
city Secretary
APP~tM d
Knox W. Askins
City Attorney
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PUBLIC NOTICE
ORDINANCE NO. 1703-A
AN ORDINANCE AMENDING CHAPTER 50, "PARKS AND RECREATION", ARTICLE VII, ''CMC
AND RECREATION CENTER", OF TIlE CODE OF ORDINANCES OF TIlE CITY OF LA PORTE,
AND APPENDIX A THERETO; ESTABLISHING A RENTAL FEE POLICY AND FEE SCHEDULE
FOR CMC AND RECREATION CENTERS; CONTAINING A SEVERABILITY CLAUSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
A TIEST:
sIMartha A Gillett, City Secretary
APPROVED:
slKnox W. Askins, City Attorney
CITY OF LA PORTE
s1Norman L. Malone, Mayor
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PARKS AND RECREATION ~ 50-271
DIVISION 3. FISHING PIER
Sec. 50-236. Fee policy established; adjustment.
(a) The city council has established fees for Sylvan Beach Fishing Pier. The city council has
sought to establish fees which will amortize the initial costs to provide the facility and to
increase use and access to the facility by all community groups. The city council hereby
establishes its firm policy, in fairness to all users, that no waiver of fees, discounts from fees
or deviations from the published schedule offees shall be allowed by the city council nor by city
administrative staff.
(b) The city council will review the income and expenses of Sylvan Beach Fishing Pier, and
will make appropriate adjustments to the fees as conditions warrant.
(Ord. No. 94-2006, ~ 1, 12-12-94)
Sec. 50-237. Pier use fees.
The Sylvan Beach Fishing Pier shall be open seven days a week at a daily rate in an amount
established by the city and listed in appendix A of this Code. The first 25 disabled people will
be admitted free of charge each day. To obtain free or discount rate, the disabled person must
present the state department of transportation disabled person placard.
(Ord. No. 94-2006, ~ 1, 12-12-94)
Sec. 50-238. Pier rules and regulations; right of city to refuse use.
The Sylvan Beach Fishing Pier will be subject to reasonable rules and regulations, which
shall be promulgated by the director of parks and recreation or his designee, with the approval
of the city manager. The city reserves the right to refuse any person, firm or group to use the
pier for lewd or immoral purposes, or where the activities of such group may reasonably be
expected to result in a breach of the peace, or cause a threat to public health or safety.
(Ord. No. 94-2006, ~ 2, 12-12-94)
Sees. 50.239-50-270. Reserved.
ARTICLE VII. CMC AND RECREATION CENTERS
Sec. 50-271. Days and hours for rental of facilities.
(a) Facilities may not be rented on the following holidays:
(1) Thanksgiving;
(2) Christmas Eve;
(3) Christmas Day;
(4) New Year's Day;
(5) Good Friday; and
CD 50: 17
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~ 50-271
(6) Easter Sunday.
LA PORTE CODE
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(b) The following facilities shall be available on the following enumerated days and hours:
(1) Evelyn Kennedy Civic Center:
a. Monday through Thursday, 6:00 p.m. until 10:00 p.m.;
b. Friday, 6:00 p.m. until 12:00 midnight; and
c. Saturday and Sunday, 8:00 a.m. until 12:00 midnight.
(2) Jennie Riley Recreation Center:
a. Closed June 19;
September-May
June-August
b. Monday through Thurs-
day
c. Friday
d. Saturday
e. Sunday
(3) Charles Walker Annex:
a. Monday through Thursday, 9:00 a.m. until 10:00 p.m.
b. Friday, 9:00 a.m. until 12:00 midnight.
c. Saturday and Sunday, 8:00 a.m. until 12:00 midnight.
(4) Fainnont Recreation Center:
a. Monday through Thurs-
day
b. Friday
c. Saturday
d. Sunday
(Ord. No. 1703, ~ 1, 5-21-90)
6:00 p.m. to 10:00 p.m.
6:00 p.m. to midnight
3:00 p.m. to midnight
8:00 a.m. to midnight
September-May
8:00 p.m. to 10:00 p.m.
6:00 p.m. to 10:00 p.m.
5:00 p.m. to midnight
8:00 a.m. to midnight
Sec. 50-272. Classification of users and hourly rates.
8:00 p.m. to 10:00 p.m.
8:00 p.m. to midnight
3:00 p.m. to midnight
8:00 a.m. to midnight
June-August
8:00 p.m. to 10:00 p.m.
8:00 p.m. to midnight
5:00 p.m. to midnight
8:00 a.m. to midnight
(a) Civic/nonprofit groups. Civic and nonprofit groups shall pay an hourly rate as
established by the city and listed in appendix A of this Code. This would apply to exhibits,
shows, demonstrations, seminars and other civic activities for which an admission fee is not
charged, nor funds raised. Such fee is levied to absorb staffing expenses only.
(b) Commercial/private individuals or groups. Commercial groups and private individuals
or groups shall pay hourly rates as established by the city and listed in appendix A of this Code.
This class shall apply to professional exhibitions or contests, promotional and public dances,
commercial shows and other attractions sponsored or contracted by profit malting or commer-
CD50: 18
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PARKS AND RECREATION ~ 50-302
cial organizations or individuals. This class shall also apply to private use, such as wedding
receptions, private parties, fundraising events for nonprofit groups, etc. Security arrange-
ments may be required by the director of parks and recreation.
(c) Noncommercial; fundraising. Noncommercial and fundraising groups shall pay hourly
rates as established by the city and listed in appendix A of this Code. This class shall apply to
all organizations, associations and religious activities banquets held to raise money and shall
also apply when net receipts shall be donated to the charity or community project for which
such function is intended. Security arrangements may be required by the director of parks and
recreation.
(Ord. No. 1703, ~ 2, 5-21-90)
Sees. 50-273-50-300. Reserved.
ARTICLE VIII. LIVESTOCKlRODEO ARENA*
Sec. 50-301. Rental fee policy and schedule established.
The city council, by this article, establishes a rental fee policy and schedule for the La Porte
Livestock/Rodeo Arena (arena). The arena must be rented for any event when entry fees or
admission fees are charged. The city council hereby establishes its fino policy, in fairness to all
users, that no waiver of rental fees, discounts from rental fees, or deviations from this
published schedule of rental fees, shall be allowed by the city council nor by city administrative
staff.
(Ord. No. 94-1976, ~ 1, 3-28-94)
Sec. 50-302. Days and hours available for rental; fees.
(a) The arena shall be available for rental, Monday through Sunday, at hours and rates as
established by the city and listed in appendix A of this Code.
(b) The arena may not be rented on the following holidays: Thanksgiving, Christmas Eve,
Christmas Day, New Year's Day, Good Friday and Easter Sunday.
(c) Lessees requiring additional time for move-in, move-out or rehearsal, prior to or
immediately following an event, extending to additional days, will be charged one-half of the
applicable full-time rate, providing the arena is not rented. The city will not be responsible for
any items left on the premises.
(Ord. No. 94-1976, ~ 2, 3-28-94)
*Cross reference--Consumption or possession with intent to consume alcoholic beverages
on city property, ~ 6-3.
CD50: 19
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APPENDIX A-FEES
Description
Article VII. Civic and Recreation Centers
(a) Users and hourly rates
(1) Civic/nonprofit groups
a. Monday-Thursday, per hour. . . . . . . . . . . . . . . . . . . .
b. Friday-Sunday, per hour. .. . . . . . . . . . . . . . . . . . . . .
(2) Commercial/private individuals or groups
a. Monday-Thursday, per hour. . . . . . . . . . . . . . . . . . . .
b. Friday-Sunday, per hour. . . . . . . . . . . . . . . . . . . . . . .
(3) Noncommercial; fundraising
a. Monday-Thursday, per hour. . . . . . . . . . . . . . . . . . . .
b. Friday-Sunday, per hour. . . . . . . . . . . . . . . . . . . . . . .
Article VIII. Livestock / Rodeo Arena
(a) Rental hours and rates
(1) Monday-Thursday, 8:00 a.m. to 11:00 p.m.. . . . . . . . . . .
(2) Friday-Saturday, 8:00 a.m. to 12:00 midnight. . . . . . . .
(3) Sunday, 8:00 a.m. to 11:00 p.m. . . . . . . . . . . . . . . . . . . . . . .
(b) Reservation and damage deposit. .... . ......... .. .. ... ., .
Chapter 58. Solid Waste
Article III. Rates and Charges
(a) Residential dwelling unit collection, per unit, per month
(minimum charge)
(b) Business and commercial establishment collection, twice-
weekly, per month (minimum charge)
(c) User of solid waste container charge (number of cubic yards
at $2.00 per cubic yard x number of weekly pickups x 52
weeks + 12 months = monthly charge)
Chapter 62. Streets, Sidewalks and Other Public Places
Article II. Vacating, Abandoning and Closing Streets and Allej's
(a) Application fee to vacate, abandon or close (minimum) . . . .
Supp. No.2
CDA: 13
Section
Amount this Code
50-272
5.00
5.00
10.00
15.00
7.50
12.50
50-302{a)
150.00
200.00
200.00
100.00 50-304
7.50
58-106
8.50
58-107
400.00
62-32(a)
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Center Rental Rate Increase, pg.
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Parks and Recreation Department
Proposal for Center Rental Rate Increase
August 7, 2000
Stephen Barr, Director of Parks & Recreation
Marlene Rigby, Office Manager
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Center Rental Rate Increase, pg.
2
1. Historical Overview
In 1990 the City established rental rates for renting the recreation centers for
special events. The rental rates have remained unchanged for the past 10
years. The initial rates charged to citizens was set fairly low to accommodate
those who needed a place to host a family gathering, a wedding reception, or
other event. Usage of the centers has been primarily a one-time event by
residents of La Porte. Currently, and for the past several years there has
been only one commercial venture that rents our centers on a regular basis
(Bill Gray rents two centers regularly for Karate Classes). Our present rates
for center operation are:
. $5.00 per hour, two-hour minimum rental, $100 refundable deposits for La
Porte non-profit organizations.
. $15.00 per hour, two hour minimum rental, $100 refundable deposit for all
other rentals.
. We provide security service by contract with the La Porte Police Officers
Association (cost of security is paid directly to the LPPOA by the Lessee).
2. Present Status
The current rental rates do not generate enough revenue to pay for the cost
of operation of the centers. Rising salaries and the use of overtime to assure
that a caretaker is on-site to meet our Lessee's immediate needs and to
protect the interests of the City has increased the cost of operation for the
rental process. The City's approximate cost of operation for center rentals at
$10 per hour with a caretaker and $18.14 per hour at overtime. These costs
make an assumption of $3 per hour for cost of electricity, water, tissue paper,
and other incidental costs of operation.
3. Survey of Comparable Centers in the Area
Staff has reviewed the operation of various cities in the area for their rental
prices of comparable facilities. The assumption was made that facilities in the
range of 150 to 200 people were comparable to our capacities in size and
function. Staff obtained rental rates from Baytown, Deer Park, Houston,
League City, Pasadena, Seabrook, S. Houston, and Webster. There is a
disparity in how centers are rented by various municipalities in the area.
Some use resident non-resident rates, some use commercial, non-
commercial rates, and La Porte uses Profit, Non-Profit rates. When compared
to other rates, all other things being equal, It is evident that La Porte has the
lowest rates for comparable rental facilities in the area. The average rental
rate per hour is $26.42 for resident rate and $33.17 for non-resident rate for
all the cities surveyed (except for Webster which has no comparable center
for rent), compared to La Porte's $5 non-profit and $15 for profit rates.
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Center Rental Rate Increase, pg.
3
4. Summary and Recommendations
Based on the estimated cost of operations outlined above in Section 2 and on
the survey results outlined in Section 3, it is apparent that our rates for center
rental need to be adjusted to reflect our increased cost of operation and to be
more equitable compared to other facilities in the area. We propose the
following rental rates for our centers for consideration:
. $15 per hour for non-profit organizations, with a $200 deposit; minimum 2
hour rental
. $25 per hour for all other rentals, with a $200 deposit; minimum 2 hour
rental.
Positive Impact: This rate puts us slightly lower than the average for rentals
of comparable centers in the area. These rental rates would bring us close to
recouping our costs for center rental for non-profit rentals, and somewhat
more for other rentals, which would make up the difference. These rates
should be sufficient to cover costs for the foreseeable future and assure a
small profit margin for future cost increases should they materialize.
Negative Impact: This level of increase may result in a reduction in demand
for the use of our centers. We may also get some negative publicity,
particularly from the non-profit organizations that use our facilities.
Staff recommends that the proposed rates be adopted as the effective rate for
rental of the City's recreation centers, beginning on January 1, 2001.
Although it will not cover our costs of operation in every case, it will cover
costs in most cases. It also allows room for future cost growth. over the next
several years and should serve the City's interests well for the foreseeable
future. As is the case for every rate increase, there will be some negative
feedback from our customers, but certainly the rising cost of operation and
the fact that we have held prices static for the last 10 years speaks for itself. If
we are to charge higher rates, the City must assure customers the best
possible service for their dollar when compared to the service of other cities in
the area. We believe that we do provide an extra level of service to our
customers and will continue to offer the best available rental facilities for the
citizens of La Porte and others to enjoy.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By: Ste hen L. Barr
Aoorooriation
Agenda Date Requested:
ouree of Funds: N/A
Department: Parks & Recreation
Account Number: N/A
Report:
Resolution:
Ordinance: X
Amount Budgeted: N/A
Exhibits: Ordinance No. 00-
Amount Requested: NI A
Exhibits: Concession A2I"eement
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte through the Parks & Recreation Department has worked with Linda Witt and the Witt family to
provide concession services at the Sylvan Beach Fishing Pier since its re-opening in January 1994. Since the
inception of their contract, the Witt family has provided reasonable service for patrons of the pier.
The current Concession Agreement will expire on October 31, 2000. The date coincides with the Harris County
contract with Linda Witt to operate the Sylvan Beach Bait Camp. The Concession Agreement you are considering
tonight will allow the City to continue its agreement with Linda Witt through October 31, 2003, when the Harris
County agreement with Linda Witt expires. At that time, Harris County will issue a Request for Proposals for future
operation of the Sylvan Beach Bait Camp. The City will then be able to piggyback off their upcoming RFP and
award our Concessions Agreement at the same time and for the same period.
It would be extremely difficult to separate the Bait Camp and Concession operations at the Sylvan Beach Fishing
Pier because of the logistics involved. Under terms of the Agreement, Linda Witt pays for electrical costs for
lighting the pier and also pay the General Land Office Coastal Lease Fees out of their 1/3 share of the revenues
generated. In the fiscal year ending on September 30,2000, the pier generated a total of $$65,500 of which 1/3 goes
to the Concessionaire, 1/3 to Harris County and 1/3 to the City of La Porte. The City and County shares go into the
Pier Escrow Fund for repair of catastrophic damage to the pier, up to $150,000. We will exceed the $150,000 this
calendar year and, after adjusting for inflation as required under our pier agreement with Harris County, any funds
over the required amount will be disbursed to the City General Fund and to Harris County.
Action Reauired bv Council:
Consider approval of Ordinance 00-_ authorizing the City Manager to execute a new Concession Agreement
between the City of La Porte and Linda Darnell Witt to operate and manage the Sylvan Beach Fishing Pier.
Aooroved for City Council A2enda
GJ~ T, ~
Robert T. Herrera, City Manager
)C). ~ -oD
Date
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ORDINANCE NO. oo-J.11./s
AN ORDINANCE APPROVING AND AUTHORIZING A CONCESSION
AGREEMENT BETWEEN THE CITY OF LA PORTE AND LINDA DARNELL
WITT TO OPERATE AND MANAGE THE SYLVAN BEACH PARK PIER;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAID CONCESSION
AGREEMENT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the
Concession Agreement in substantially the form as shown in the document which
is attached hereto and incorporated herein by this reference, by and between the
City of La Porte and Linda Darnell Witt, for operation and management of the
Sylvan Beach Park pier in accordance with the roules, covenants and conditions
set out in said Concession Agreement. 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 hereby grants Linda Darnell Witt an
exclusive contract as concessionaire of the Sylvan Beach Park pier for the City of
La Porte consistent with the terms of the Concession Agreement and this
Ordinance.
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
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ORDINANCE NO. 00- ~445'
Page 2
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.
PASSED AND APPROVED, this 23rd day of October, 2000.
Clr;~ LA PORTE
NCta1{t1~~~ /A---
Mayor
By:
ATTEST:
'Mn,,}/EJJi
Ma a Gillett,
City Secretary
APZ3Z;S;:Z;: .
Knox W. Askins,
City Attorney
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CONCESSION AGREEMENT
THE STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
This Agreement made and entered into by and between the City of La Porte, a body
corporate and politic under the laws of the State of Texas, hereinafter referred to as the
"City", and Linda Darnell Witt, hereinafter referred to as the "Concessionaire".
W!TNESSETH
WHEREAS, the Concessionaire desires to assist the City in providing a fishing pier
to be made available for the enjoyment and benefit of the public at Sylvan Beach Park, and
WHEREAS, The Concessionaire has requested the City to use said pier for the
purposes hereinabove described, to be used by the general public, and
WHEREAS, The City desires to provide quality recreational opportunities for the
general public, and desires to permit the Concessionaire to use the said pier according to
the rules, covenants, and conditions hereinafter stated,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That in consideration of the mutual covenants and agreements to both parties, it is
agreed as follows:
I.
Subject to the terms and provisions herein set forth, the City has granted and by
these presents grants to the Concessionaire, the right and privilege to operate the 1 ,100
foot fishing pier at Sylvan Beach Park, said fishing pier being more particularly described
on Exhibit "A" attached hereto. The term of the contrad shall be for one (1) year beginning
November 1,2000, and ending (unless sooner ended in accordance with the provisions
hereof) October 31, 2001, with the option for the City to renew for a total of two (2)
additional one year periods,
II.
The Concessionaire and employees shall operate the fishing pier concession in
Sylvan Beach Park in its entirety and the Concessionaire shall make no sale, exchange
C;IAGRlPIER CONCESSION, REVISED. 1000
Concession Agreement. page 1 of 9
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or assignment of rights under this Agreement, either in whole or in part, without the prior
written approval of the City Council of the City of La Porte.
III.
As consideration for this concession, the Concessionaire shall pay, without
demand, a monthly concession fee in an amount equal to two-thirds (213) of the gross user
fees collected for the use of the pier. Gross User fee is defined as the total gate receipts
less any federal, state, and/or local taxes. The concession fee will be due and payable on
or before the 10th day of each month for the preceding month's activity. The
Concessionaire agrees to maintain documentation, on forms to be developed and provided
by the City and adhere to guidelines established by the City, of daily use and payments
received. The Concessionaire agrees to furnish to the City any and all reports which City
may require covering all receipts and income of the concession, and agrees that her books
and other records may be examined by the City or City Auditor or any other officer of the
City at any reasonable time. The Concessionaire agrees to keep and maintain said
records and books in La Porte. The Concessionaire may, on a daily basis, report and
deposit with the City all admission revenues generated by the pier operation. The City
shall remit to the Concessionaire the amount due to the Concessionaire pursuant to this
agreement on a monthly basis.
IV.
The Concessionaire shall operate and manage the fishing pier. Admission rates
will be set through negotiation with the City and shall be reasonable and equal to those
charged by concessionaires in comparable facilities. The Concessionaire agrees to
conform to the rates as set. The Concessionaire shall post a schedule of such fees, rates,
and prices at all times in a conspicuous place on the premises.
V.
During the term of this Agreement, Concessionaire's and City's obligations
hereunder, in addition to others specified herein, shall be as follows:
(a) The Concessionaire will abide by all applicable federal, state, and
municipal laws, ordinances, rules and regulations. Concessionaire
must obtain, at her own expense, all licenses and permits required for
the operation of said fishing pier and make the same accessible at all
times to city, county, state, and federal officers. Concessionaire
agrees to pay all federal and state permit and lease fees. The City
agrees to pay required state permit and lease fees from the
Concessionaire's share of collected receipts according to the
following formula:
C:\AGRIPIER CONCESSION, REVISED. 1000
Concession Agreement, page 2 of 9
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15% of total permit fee for each of the months of June, July, August,
& September of each year of the agreement.
5% of total permit fee for each of the months of October, January,
February, March, April, & May for the term of the agreement.
The payment schedule specified above shall begin in the month
following the date this agreement is executed and continue until the
agreement is terminated.
(b) The Concessionaire will pay all applicable local, state, and federal
taxes incident to the operation of said fishing pier.
(c) The Concessionaire will place no vending machine in the area of the
fishing pier without the prior written approval of the City Parks &
Recreation Director or his designated representative.
(d) The Concessionaire will abide by such opening and closing hours of
the fishing pier as the Commissioners Court of Harris County and the
City may, from time to time, prescribe and will post such hours of
opening and closing at the fishing pier.
(e) The Concessionaire agrees to open the pier to the public, at no
charge, on the following dates: (a) Sylvan Beach Day; (b) Bay Day;
and (c) three (3) other dates to be determined by the City and/or
Harris County, and coordinated with the Concessionaire.
(f) The Concessionaire will sell no beer, wine, liquor, or other such
alcoholic beverages on the fishing pier.
(g) The Concessionaire will keep the fishing pier and the entrance thereto
in a neat, clean, and sanitary condition.
(h) The Concessionaire will be responsible for all routine or minor
maintenance of the pier. The City will be responsible for all major
repairs to the pier. For purposes of this Agreement, a Major Repair
shall be defined as: any purchase of materials and labor in excess of
$200.00 for any particular event, including normal wear and tear,
requiring repair of the pier.
(i) The Concessionaire will not permit on the pier, or in the immediate
vicinity of the pier, any disorderly conduct or practice in violation of
C:\AGR\PIER CONCESSION, REVISED, 1000
Concession Agreement, page 3 of 9
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any federal, state, or municipal laws, rules, regulations, or
ordinances; of a sort likely to bring discredit upon the City or its
governing body.
U) The Concessionaire will treat the public with courtesy and respect at
all times. Complaints will be investigated by the Parks & Recreation
Director or his designated representative and, if found to be just, be
resolved to the satisfaction of said Director.
(k) The Concessionaire will neither place, nor cause to be placed, any
sign, projection, advertisement, or device of any kind whatsoever on
the fishing pier or on the streets adjacent thereto without prior written
consent of the City.
(I) The Concessionaire will be responsible for all costs and expenses
incidental to operating the fishing pier.
(m) The City will provide electrical and water utilities to the pier, and shall
be responsible for maintenance and repair of electrical systems for
the pier. The City will be responsible for payment of water utility
costs. The Concessionaire will be responsible for payment of
electrical utility costs.
(n) The City will be responsible for providing a facility for ticket sales at
the entrance to the pier. Said facility shall be of a design mutually
approved by the City and the Concessionaire. The Concessionaire
will be responsible for maintenance and repair of said facility for the
duration of this Agreement. The Concessionaire will be responsible
for providing any barricades required to limit access to the pier and
to direct patrons to the facility for ticket sales or other purpose.
(0) The City will be responsible for providing trash receptacles for the pier
and entrance to the pier; the Concessionaire will be responsible for
providing plastic liners for the receptacles.
(p) It is expressly the Concessionaire's responsibility and duty to remove
and properly dispose of the trash and garbage resulting from the
public use of the fishing pier and seeing to it that the same is put in
suitable closed containers. Containers shall be picked up and hauled
away at least twice a week.
C:\AGR\PIER CONCESSION, REVISED. 1000
Concession Agreement, page 4 of 9
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VI.
The Concessionaire shall permit the City's officers, employees, and agents to enter
into and upon the fishing pier for the purpose of inspecting and examining the condition
thereof.
VII.
The Concessionaire shall not by virtue hereof be deemed to have become a tenant
of the City, nor to have been given or accorded as against the City the possession of any
part of said fishing pier, but to such of the pier as the Concessionaire is hereunder entitled
to use, the Concessionaire shall be deemed merely to be a licensee permitted to enter
therein solely for the purpose of exercising therein the rights and privileges hereby
granted.
VIII.
The Concessionaire shall keep and maintain during the term hereof, a
comprehensive general liability policy, with the City and Harris County named as additional
insured, with limits of liability of not less than one million dollars ($1,000,000.00) combined
single limit bodily injury and property damage per occurrence. The Concessionaire shall
annually furnish the City with a certificate of insurance evidencing such coverage. The
City and Harris County are to receive at least thirty (30) days prior written notice of
cancellation of said policies. Such insurance shall include contractual liability insuring the
indemnity agreements contained herein. Failure to maintain insurance will result in
automatic and immediate termination of this Agreement.
IX.
To the fullest extent permitted by applicable law, Concessionaire shall and does
hereby agree to indemnify, protect, hold harmless and defend the City of La Porte and
Harris County, Texas, and their respective heirs, legal representatives, partners, agents,
employees, directors, shareholders, subsidiaries, and affiliated companies if Indemnities
and of any of their respective partners, (herein collectively called the "Indemnitees") from
and against all claims, demands, damages, injuries, losses, liens, causes of action, suit,
judgements, liabilities, costs, and expenses, including court costs and attorney's fees, of
any nature, kind or description (including without limitation, claims for injuries or death of
any person, or damages to or loss of any property) of any person or entity (including but
not limited to employees, agents, and subcontractors of Concessionaire, and their
dependents, and personal representatives, or other third parties), directly or indirectly
arising out of, caused by, in connection with, or resulting from (in whole or in part), (a) the
presence or activity of Concessionaire, its employees, agents, and representatives,
(including subcontractors on Indemnitee's premises, (b) the condition of the Indemnitee's
C:\AGRIPJER CONCESSION, REVISED, 1000
Concession Agreement, page 5 of 9
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premises, the adjoining land, or any of the driveways, streets, or alleys used in connection
with the services of the Concessionaire, (c) the use of any equipment by Concessionaire
on Indemnitee's premises, whether belonging to Concessionaire, Indemnitee, or otherwise,
or the condition of said equipment, or (d) any act or omission of Concessionaire, any
Subcontractor, any of their respective employees, agents, servants, officers, directors,
partners, or anyone directly or indirectly employed by Concessionaire or any
Subcontractor, or anyone that either Concessionaire or any Subcontractor controls or
exercises control over (herein collectively called the "Liabilities").
THE OBLIGATIONS OF CONCESSIONAIRE UNDER THIS INDEMNIFICATION SHALL
APPLY TO LIABILITIES EVEN IF SUCH LIABILITIES ARE CAUSED IN WHOLE OR IN
PART BY THE SOLE OR CONCURRENT NEGLIGENCE OF ANY INDEMNITEE, AND
WHETHER OR NOT SUCH SOLE OR CONCURRENT NEGLIGENCE WAS ACTIVE OR
PASSIVE. Concessionaire shall promptly advise Indemnitees in writing of any action,
administrative or legal proceeding or investigation as to which this indemnification may
apply, and Concessionaire, at Concessionaire's expense, shall assume on behalf of
Indemnitees (and the other Indemnitees) and conduct with due diligence and in good faith
the defense thereof with counsel satisfactory to Indemnitees; provided, however that
Indemnitees shall have the right, at its option, to be represented therein by advisory
counsel of its own selection and at its own expense. In the event of failure by the
Concessionaire to fully perform in accordance with this Indemnification Agreement,
Indemnitees, at its option, and without relieving Concessionaire of its obligations
hereunder, may so perform but all costs and expenses so incurred by Indemnitees in that
event shall be reimbursed by Concessionaire to Indemnitees, together with interest on the
same from the date any such expense was paid by Indemnitees until reimbursed by
Concessionaire, at the highest lawful rate of interest allowed under applicable usury laws
of the State of Texas (or if no maximum rate is applicable, at the rate of ten percent (10%)
per annum). This indemnification shall not be limited to damages, compensation or
benefits payable under insurance policies, worker's compensation acts, disability benefit
acts or other employee's benefit acts. It is agreed with respect to any legal limitations now
or hereafter in effect and affecting the validity of enforceability of the. indemnification
obligation under this Section, such legal limitations are made a part of the indemnification
obligation and shall operate to amend the indemnification obligation to the minimum extent
necessary to bring the provision in to conformity with the requirements of such limitations,
and so modified, the indemnification shall continue in full force and effect.
x.
It is expressly understood and agreed that the City may terminate this Agreement
without cause at any time by giving the Concessionaire at least ninety (90) days written
notice of its intention to do so, specifying therein the effective date of such termination.
It is expressly agreed that the Concessionaire may terminate this Agreement prior to the
expiration of the term set forth above without cause upon ninety (90) days written notice
C:\AGRIPIER CONCESSION, REVISED, 1000
Concession Agreement, page 6 of 9
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to the City. Notifications pertaining to any part of this Agreement shall be made as follows:
THE CITY:
City of La Porte Parks & Recreation Department
1322 S. Broadway
La Porte, Texas 77571
Attention: Director of Parks and Recreation
THE CONCESSIONAIRE: Ms. Linda Darnell Witt
723 South 4th Street
La Porte, Texas 77571
HARRIS COUNTY:
The Honorable Jim Fonteno,
Commissioner, Precinct 2
Harris County Commissioner's Court
7330 Spencer Highway
Pasadena, Texas 77505
XI.
The Concessionaire shall not allow any liens or any other encumbrances to attach
to the leased premises.
XII.
Whenever the terms of this Agreement conflict with the terms of the Agreement with
the City and Harris County, Texas, dated April 12. 1994 (attached hereto), amended and
extended, the parties agree that the terms of the Harris County Agreement control, to the
extent of such conflict only. Otherwise, this Agreement is to be construed in relationship
with the Harris County Agreement insofar as possible.
XIII.
The provisions of this Agreement which assign certain rights to the City, shall be
construed to also be shared by Harris County insomuch as they are in accordance with the
terms of the Agreement between the City and Harris County, Texas, dated April 12. 1994.
The foregoing does not apply to Section X, which allows the City unilaterally
to terminate this Agreement without cause, and also does not apply to Section III,
which governs payment. The City's and Harris County's writes and obligations
regarding payment are more specifically set forth in the Agreement between the City
and Harris County dated April 12. 1994.
C:\AGRIPIER CONCESSION, REVISED, 1000
Concession Agreement, page 7 of 9
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XIV.
This instrument contains the entire Agreement between the parties related to the
rights herein granted and obligations herein assumed. Any oral or written representations
or notifications concerning this instrument shall be of no force or effect excepting a
subsequent modification in writing signed by both parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple
copies on this the ~ day of V{J)olJef I 2000 to become effective as provided above.
"CITY"
CITY OF LA PORTE
A municipal corporation
BY:
G~T.~
e\.~ M~a..
TITLE:
ATTEST:
~fl{JJhlJlflWJi
MARTHA GILLETT
CITY SECRETARY
APP.. ROVED: .; J
~tVl
KNOX W. ASKINS
CITY ATTORNEY
BY:
ATT...E....,STU..,.".! ..~..
'1,1 , }.\
TITLE:
Concessionaire
C:\AGRIPIER CONCESSION, REVISED, 1000
Concession Agreement, page 8 of 9
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CONCESSION AGREEMENT
EXHIBIT "A"
The 1,100 foot pier referred to in this agreement shall be the pier located on the following
described premises situated in Harris County, Texas, to-wit:
A 20 feet wide strip of land 10 feet on both sides of the herein described
centerline out of the Sylvan Beach Park on Galveston Bay in the City of La
Porte, Texas, out of the Johnson Hunter Survey, Abstract 35, Harris County,
Texas, and being more particularly described as follows:
Beginning at a set P.K. Nail marking the intersection of the centerline of an
existing wooden fishing pier and a wooden bulkhead.
Thence, in a Northwesterly direction, along the centerline of said wooden
fishing pier extended, a distance of 49.41 feet to a set P.K. Nail on the
southeast side of an existing parking lot for the POINT OF TERMINUS.
C:\AGRIPIER CONCESSION, REVISED, 1000
Concession Agreement, page 9 of 9
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 10/23/00
Requested By: Kathv Hutton ~
Appropriation
Source of Funds:
Department:
Finance
Account Number:
Report:
Resolution:
Ordinance: X
Amount Budgeted:
Exhibits:
Amount Requested:
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
The City of La Porte applies an interest charge on delinquent utility accounts equal to one percent of the balance that
was in arrears when the bill was created.
This interest charge is in addition to the ten percent penalty that is automatically added to all unpaid utility bills after
their monthly due date.
The cost of administering the one percent interest charge is 30% higher than the revenue it generates. This cost
disparity has existed since 1998 when Utility Billing converted to the HTE software system. This system does not
allow automated application of this type of interest charge. This has created a labor-intensive process which must be
performed by the Utility Billing staff twice each month. The cost of administering manual adjustments is at least
$4,600 per year in staff salary alone. Revenue received this revenue source is approximately $3,500 annually.
In the interest of administering utility billing processes in the most cost efficient manner, it is my recommendation
that this ordinance be revised to eliminate the one percent interest charge on utility bill arrearage.
Action Required bv Council:
Consider approval of an ordinance authorizing the removal of the one percent interest charge on utility bill
arrearage.
Approved for City Council Ae:enda
G?M \- b\~
Robert T. Herrera, City Manager
\0 ~ \ ., - 0 D
Date
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ORDINANCE NO. 2000-a44~
AN ORDINANCE AMENDING CHAPTER 74, "UTILITIES", DIVISION 2, WATER
SERVICE RATES AND CHARGES, OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE; 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. Chapter 74, "Utilities", Division 2, Water Service
Rates and Charges, Section 74-247, Subparagraph (b), "Service
charges payable; discount for early payment", of the Code of
Ordinances is hereby amended, and shall hereafter read as follows,
to-wit:
"(b) For the convenience of the consumers and of those
receiving the actual payments of such bills, the amount
of the bill, if paid within 15 days (i.e., the discount
period) of the date of the mailing of the bill, may be
indicated or described as the net amount of the bill.
The amount payable after the discount period, with the
addition of the ten percent (10%) penalty, may be
indicated or described as the gross amount of the bill."
Section 2.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subj ect of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3.
This Ordinance shall be in effect from and after
its passage and'approval.
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PASSED AND APPROVED, this 23rd day of October, 2000.
ATTEST:
~t~~ a fiJilt(
Mar ha . Gilleft
City Secretary
~z/:
Knox W. Askins
City Attorney
By:
~ OF LA PORTE
~( ~-
man ~ .~ne
Mayor
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Requested By: S. Gillett
Source of Funds: Capital Improvement Fund
Department: Public Works
Account Number: 018-9891-669-1100
Report: ...,XLResolution: _Ordinance: _
Amount Budgeted: $500.000
Exhibits: Bid Tabulation
Amount Requested: $65.000
Exhibits: Bidders List
Budgeted Item: XX YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Sealed bids were received on October 2, 2000 for the annual contract for cleaning, televising and
root removal for sanitary sewer lines. This contract is a component ofthe City's Sanitary Sewer
Rehabilitation Program, and will be used to supplement the City's in-house cleaning and
televising program.
Bids were sent to nine (9) vendors, with three (3) returning bids. Low bid was submitted by The
Groce Company, Inc. for an estimated annual cost of $53,175.00. Although the Contractor
meets all specifications, the City of La Porte has not done business with this firm to date.
Second low bidder, AAA Flexible Pipe, submitted a bid for an estimated annual contract of
$64,625.00. AAA Flexible Pipe holds the current contract. It is recommended that, in addition
to awarding an annual contract to The Groce Company, Inc., a back-up contract be awarded to
AAA Flexible Pipe, the current contractor, in the event that The Groce Company, Inc. can not
perform for any reason.
Action Required bv Council: Award an annual contract for cleaning, televising and root
removal to The Groce Company, Inc., for an estimated annual cost of$53,175.00, and a back-up
contract to AAA Flexible Pipe, for an estimated annual cost of$64,625.00. Set aside a total of
$65,0000 to fund this contract.
Approved for City Council Aeenda
G<M T. ~
Robert T. Herrera, City Manager
\0-\1-00
Date
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BID TABULATION - TELEVISING, CLEANING & REMOVAL
OF ROOTS IN SANITARY SEWER LINES
PIPE CLEANING
1 Clean 6", 8", & 10" Sewer Less Than
1/3 Pipe Debris - LF $18,070.00 $18,900:00 $26,350.00
2 Clean 6",8", & 10" Sewer Greater
Than 1 /3 Pipe Debris - LF $690.00 $800.00 $1,200.00
3 Clean 12" & 15" Sewer Less Than
1/3 Pipe Debris - LF $10,920.00 $11,700.00 $12,750.00
.4 Clean 12" & 15" Sewer Greater
Than 1/3 Pipe Debris - LF $900.00 , $1,150.00 $3,250.00
5 Clean 18" & 21" Sewer Less Than
1/3 Pipe Debris - LF $1,410.00 $2,700.00 $1,600.00
6 Clean 18" & 21" Sewer Greater .,
Than 1/3 Pipe Debris - LF ' $332.50 $1 :225.00 $2; 100.00
~..\'\'Jil
:l';i
l~.~r~
~:?t0i
T.V. INSPECTION
7 Sewers 6" Through 21" $18,620.00 $24,700.00 $31,850.00
ROOT REMOVAL
8 Root Removalin Sewers.8" & 10" . $950.00 $1,250.00 $5,500.00
9 Root Removal in Sewers 12" & 15" $950.00 . $1,500.00 $5,500.00
10 Root Removal in Sewers 18" & 21" $332.50 $700.00: . $2,100.00
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BIDDER'S UST
SEALED BID #0815.
TELEVISING, CLEANING AND REMOVAL OF ROOTS
IN SANITARY SEWER UNES
AAA FLEXIBLE PIPE CO.
3900 UNDERWOOD RD.
LA PORTE, TEXAS 77571
SEVERN TRENT ENVIRONMENTAL
283 LOCKHAVEN DR. SUITE 214
HOUSTON, TX 77073
SHE-CO
5716 JENSON DRIVE.
HOUSTON, TX 77026
GROCE COMPANY
P.O. BOX 34605
HOUSTON; TX 77234-4605
ECO RESOURCES INC
19350 FM 1093_
RICHMOND, TX 77468
CHAMBER OF COMMERCE
P.O. BOX 996
LA PORTE, TX 77572-0996
CHIEF CONSTRUCTION
P.O. BOX 925249
HOUSTON, TEXAS 77292
INSITUFORM GULF SOUTH
16619 ALDINE WESTFIELD
HOUSTON, TX 77032
SPECIALIZED MAINTENANCE
4533 PASADENA BLVD
PASADENA, TX 77503
SOUTHWEST UNDERGROUND.
8001 HERSHEY RD
HOUSTON, TX 77029
BAYSHORE PUBLISH DATES
SEPTEMBER 17,2000
SEPTEMBER 24, 2000
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Aoorooriation
Requested By: S. Gillett
Source of Funds: Motor Pool Reolacement Fund
Department: Public Works
Account Number: Various
Report: ~Resolution: _Ordinance: _
Amount Budgeted: $353.747.00
Exhibits: Bid Tabulation
Amount Requested: $321.770.00
Exhibits: Bidder's List
Budgeted Item: XXX YES
NO
SUMMARY & RECOMMENDATION
Sealed bids were received on October 9,2000 for the replacement of various heavy trucks. Bids were sent to nine
(9) vendors, with five (5) returning bids. All bids included an option for trade-in, and Item 4, Bituminous
Distributor included options for automatic transmission and climate controlled cab.
Low bid meeting specification for each item is as follows. All trade-in and equipment options are recommended.
Item I Item 2 Item 3 Item 4
6 Yard Dump Truck Garbage Truck Two (2) Trash Trucks Bituminous Distributor
Base
Bid $48,364.00 $85,199.00 $115,487.00 $93,750.00
Less Trade (4,500.00) (7,400.00) (13,000.00) (6,000.00)
Plus Options -0- -0- -0- 9.870.00
Total Bid $43,864.00 $77,799.00 $102,487.00 $97,620.00
Low Houston Houston International Truck R.B. Everett
Bidder Freightliner Freightliner Sales of Houston
Budgeted $46,693.00 $93,862.00 $103,192.00 $110,000.00
Action Required bv Council: Award low bid meetiug specifications for replacement of heavy truck
as outlined above, for a total cost of $321,770.00.
Aooroved for City Council Ae:enda
c1?~ T ~~
Robert T. Herrera, City Manager
\10-\1-00
Date
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Option #1 - Automatic Transmission
Option #2 - Air Conditioning
$10,317.60
$801.00
No Bid
$5,732.00
, $684.00
$9,220.00
$650.00
$14,991.00
Included
Not Availablel Not Available
Included Included
$9,220.00
$650.00
Bituminous Distributor
Less Optional Trade-in Allowance
Item #4 Total
Make and Model Bid
$76,813.45
($6,000.00)
$70,813.45
No Bid
$82,916.00
($6,000.00)
$76,916.00
No Bid
No Bid
-
I $76,850.00
($6,000.00)
No Bid $70,850.00
No Bid
-
$84,839.00
($4,000.00)
$80,839.00
No Bid
-
$85,717.00
($4,000.00)
$81,717.00
No Bid No Bid
- -
$87,975.00 1$93,750.00
($4,000.00) ($6,000.00)
$83,975.00 $87,750.00
4)
3) 2-1/2 Ton Trash Truck
Less Optional Trade-In Allowance
Less Optional Trade-In Allowance
Item #3 Tota
$57,743.50
($6,000.00)
($7,000.00)
$102,487.00
$49,998.00
($3,500.00)
($3,500.00)
$92,996.00
$65,346.00
($1,000.00)
($1,000.00)
$128,692.00
No Bid
No Bid
Rear Loading Refuse Truck
Less Optional Trade-in Allowance
Item #2 Total
Refuse Body Type & M..2..del.Bld
2
$95,131.68
($9,500.00)
$85,631.68
Leach 2RII 25
$95,506.68 $89,400.00 $92,272.00 I $84,760.00 $85,199.00
($9,500.00)1 ($7,500.00)1 .($7,400.00) ($7,500.00)1 ($7,400.00)
$86,006.68 $81,900.00$84,872.00 $77,260.00 $77,799.00
Hell 5000 Pak-Mor R325B Leach 2RII 25 Heil 5000 Leach 2RII 25
No Bid
No Bid
No Bid
No Bid
N() Bid
Six (6) Yard Dump Truck
Less Optional Trade-In Allowance
Item #1 T ota
$50,990.31
($5,500.00)
$45,490.31
$48,364.00
($4,500.00)
$43,864.00
$56,308.00
($4,500.00)
$51,808.00
No Bid
No Bid
No Bid
No Bid
No Bid
No Bid
Noeid
1)
DESCRIPTION
QTY
NT'L TRUCK
SALES OF
HOUSTON
INT'L
TRUCK
SALES OF
HOUSTON
HOUSTON
FREIGHT -
LINER
BAYOU CITY
FORD
STERLING
HOUSTON
FREIGHT.
LINER
HOUSTON
FREIGHT -
LINER
R.8.
R.B. EVERETT
EVERETT &1. HI-WAY HI-WAY HI-WAY &
COMPANY EQUIPMENT I EQUIPMENT I EQUIPMENT I COMPANY
BID TABULATION
BID #I 0814 - HEAVY TRUCKS
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BAYOU CITY FORD
3625 EASTEX FRWY
, HOUSTON, TX 77026
HOUSTON FREIGHTLlNER
9550 NORTH LOOP EAST
HOUSTON, TX 77029
LONE STAR TRUCK CENTER
PO BOX 21127 -
HOUSTON, TX 77226-1127
WASTE SYSTEMS EQUIPMENT
PO BOX 40878
HOUSTON, TX 77240
R.B. EVERETT & COMPANY
PO BOX 327
HOUSTON, TX 77001
CI:IAMBER OF COMMERCE
PO BOX 996
LA PORTE, TX 77572-09.96
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BIDDER'S LIST
HEAVY TRUCKS
SEALED BID #0814
DAVIS TRUCK & EQUIPMENT
5606 JENSEN DRIVE
HOUSTON, TX 77026
INDUSTRIAL DISPOSAL SUPPLY
PO BOX 8623
HOUSTON, TX 77249
INTERNATIONAL TRUCKS OF HOUSTON
8900 NORTH LOOP EAST
HOUSTON, TX 77029
HI-WAY EQUIPMENT
PO BOX 14174
HOUSTON, TX 77221
BAYSHORE SUN PUBLISH DATES:
SEPTEMBER 24, 2000
OCTOBER 1, 2000
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CITY OF LA PORTE
INTEROFFICE MEMORANDUM
October 17, 2000
TO:
Mayor and City Council
FROM:
Ro~ 1'- Herrera, Gity Manager
~ "('. \.-\-~
Northside Community Neighborhood Plan
SUBJECT:
As a reminder in addition to the regular City Council meeting on October 23, we plan to
have a workshop presentation of the Northside Community Neighborhood Plan. We have
scheduled Hawes, Hill, and Associates to attend the meeting that evening. The La Porte
Community Civic Club and the Northside Neighborhood Plan Steering Committee have also
been invited to attend this workshop.
Please remember to bring your copy of the Northside Community Neighborhood Plan.
c: John Joerns, Assistant City Manager
Doug Kneupper, Director of Planning
JJ/cns
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Aoorooriation
Agenda Date Requested:
ource of Funds: N/A
Department:
Account Number: N/A
Report: X Resolution:
Ordinance:
Amount Budgeted: N/A
Exhibits:
Amount Requested: N/A
Exhibits:
Reoort
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
When the City of La Porte assumed operations of Sylvan Beach Pavilion in 1986, it adopted the existing Harris
County rate schedule for rental rates. On September 23, 1991 the City increased rental rates for Sylvan Beach
Pavilion to the current rate structure that has remained unchanged for the past 9 years. The current rental rates do not
generate enough revenue to pay for the cost of operation of the Pavilion, when considering the high fixed and
variable costs of maintenance, insurance, infrastructure repairs, staffing, etc. Staff has surveyed the operation of
various facilities in the area for their rental prices of comparable facilities. Based on the estimated cost of operations
the survey results it is apparent that our rates for Sylvan Beach Pavilion rental need to be adjusted to reflect our
increased cost of operation and to be more equitable compared to other facilities in the area.
Staff recommends that the proposed rate structure be adopted as the effective rate for rental of Sylvan
Beach Pavilion. Based on market indications as shown by the survey, the new price schedule will bring the Pavilion
in line with other comparable facilities.
Action Reauired bv Council:
AODroved for City Council Aeenda
GJ~ T, t(~
Robert T. Herrera, City Manager
10-\<0-00
Date
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Sylvan Beach Rental Rate Inlase. pg.
Parks and Recreation Department
Proposal for Sylvan Beach Rental Rate Increase
August 7, 2000
Stephen Barr, Director of Parks & Recreation
Marlene Rigby, Office Manager
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2
1. Historical Overview
When the City of La Porte assumed operations of Sylvan Beach Pavilion in
1986, it adopted the existing Harris County rate schedule for rental rates. On
September 23, 1991 the City increased rental rates for Sylvan Beach Pavilion
to the current rate structure that has remained unchanged for the past 9
years. The rates charged were fairly accurate from a market standpoint when
they were established. Our rates for Sylvan Beach are graduated based on
the market value and desirability of the rental day and are for one whole
rental day. Half-day rentals are offered for set up the day before the event, at
% the price of the regular rental. The rental day is from 9:00 a.m. until 1 :00
a.m. unless prior arrangements for time are made. The current rate structure
is as follows:
· Monday through Wednesday rate $400.00, with a $200 refundable
deposit.
. Wednesday, Non-Profit rate $150.00, with a $200 refundable deposit.
. Thursday rate $450, with a $200 refundable deposit.
. Friday rate $850, with a $200 refundable deposit.
. Saturday rate $1,500, with a $200 refundable deposit.
. Sunday rate $750, with a $200 refundable deposit.
. New Year's Eve rate $2,100, with a $200 refundable deposit.
· We provide security service for Sylvan Beach Pavilion by contract with the
La Porte Police Officers Association (security is provided separately,
directly with the Lessee and the cost is not included in the study below)
2. Present Status
The current rental rates do not generate enough revenue to pay for the cost
of operation of the Pavilion, when considering the high fixed and variable
costs of maintenance, insurance, infrastructure repairs, etc. Rising salaries
and the use of overtime to assure that a caretaker is on-site to meet our
Lessee's immediate needs and to protect the interests of the City has
increased the cost of operation for the rental process as well. The attached
Survey Data spreadsheet makes an assumption of $10 per hour for cost of
electricity, water, tissue paper, and other incidental costs of operation,
including fixed overhead costs such as insurance, building maintenance, etc.
Because the comparison is for all day events, we assumed that set up and
clean up costs should be included as well as caretaker costs. When the cost
of staffing is added to the incidental cost of operation, it shows the City's
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Sylvan Beach Rental Rate Increase, pg.
3
approximate cost of operation for Sylvan Beach rentals at $550 per event.
The requested budget for Sylvan Beach is equivalent to $518 per day of
operation (all other things being equal). Of course, the Pavilion is not rented
every day but costs of operation continue for those days as well (Le. air
conditioning, cleaning, routine maintenance as well as capital expenditures
for the upkeep of the Pavilion).
3. Survey of Comparable Centers in the Area
Staff has reviewed the operation of various facilities in the area for their rental
prices of comparable facilities. Most of the comparable facilities can host
between 450-500 people per event. As can be seen from the Survey Data
spreadsheet, there is a disparity in how the facilities are rented. For example,
some rentals include food, tax and gratuities as a part of the building rental.
These differences in the way events are priced makes comparison very
difficult. Sylvan Beach Pavilion costs, as well as Harris County facilities and
others, do not include the cost of food, security, and other considerations.
4. Summary and Recommendations
Based on the estimated cost of operations outlined above in Section 2 and
somewhat on the survey results outlined in Section 3, it is apparent that our
rates for Sylvan Beach Pavilion rental need to be adjusted upward to reflect
our increased cost of operation and to be more equitable compared to other
facilities in the area. We propose the following rental rate structure for the
Pavilion:
. Monday through Wednesday rate $500.00, with a $500 refundable
deposit.
. Wednesday, Non-Profit rate $300.00, with a $500 refundable deposit.
. Thursday rate $600, with a $500 refundable deposit.
. Friday rate $1,250, with a $500 refundable deposit.
. Saturday rate $1,500, with a $500 refundable deposit (rental rate
unchanged).
. Sunday rate $900, with a $500 refundable deposit.
. New Year's Eve rate $2,750, with a $500 refundable deposit.
Positive Impact: These rental rates would come closer to recouping the
expense of operating the Pavilion.
Negative Impact: The rate increase will probably result in a decrease in
usage initially as people search for other alternatives. The proposed price
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Sylvan Beach Rental Rate I_ase, pg.
4
structure is still comparable to other like facilities, all other things being equal.
There will be a backlash from people who have already reserved the Pavilion
and will be facing a price increase for its use.
Staff recommends that the proposed rate structure be adopted as the rate for
rental of Sylvan Beach Pavilion. Based on market indications as shown by the
survey, the new price schedule will bring the Pavilion in line with other
comparable facilities. We are proposing to leave the Saturday night rate
unchanged because it appears to be in line with market amounts (see survey
spreadsheet for Harris County for example). One big plus that the Pavilion
has over competitors is the BYOB license held by our concessionaire for the
Pavilion is not matched by other facilities, thereby giving patrons more
flexibility in their rental choices. The new rate also allows room for future cost
growth over the next several years and should serve the City's interests well
for the foreseeable future. As is the case for every rate increase, there will be
some negative feedback from our customers, but certainly the rising cost of
operation, and the fact that we have held prices static for the last 9 years,
speaks for itself. If we are to charge higher rates, the City must assure
customers the best possible service for their dollar when compared to the
service of other cities in the area. Our recent and proposed infrastructure
improvements offer a first-class facility for the use and enjoyment of the public
at the Pavilion. We will continue to offer the best available rental facilities for
the citizens of La Porte and others to enjoy. Should the increase be approved,
staff will provide an ordinance authorizing the increases, to be presented to
Council as a part of the budget approval process, with an effective date of
January 1, 2001. This will allow staff to contact customers currently under
contract, to apprise them of the rate increase prior to their reservation date.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
Appropriation
Agenda Date Requested:
Source of Funds: N/A
Department: Parks & Recreation
Account Number: N/A
Report: _Resolution: _Ordinance: ---X-
Amount Budgeted: N/A
Exhibits:
Ordinance No. 1703-A
Amount Requested: N/A
Exhibits:
Budgeted Item:
YES
NO
Exhibits:
SUMMARY & RECOMMENDATION
Staff recommends that the proposed rate structure be adopted as the rate for rental of Sylvan Beach
Pavilion.
Action Reauired bv Council:
Consider approval of an Ordinance amendment authorizing and approving the effective rental fee policy
and schedule for Sylvan Beach Pavilion, beginning January 1, 2001.
ADDroved for City Council Ae:enda
G(~ T~-
Robert T. Herrera, City Manager
j(Y- l ~ - (jc.J
Date
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ORDINANCE NO. 1783-A
AN ORDINANCE AMENDING CHAPTER 50, "PARKS AND RECREATION", ARTICLE
VI, "SYLVAN BEACH", OF THE CODE OF ORDINANCES OF THE CITY OF LA
PORTE, AND APPENDIX A THERETO; ESTABLISHING A RENTAL FEE POLICY AND
FEE SCHEDULE FOR SYLVAN BEACH PAVILION; CONTAINING A SEVERABILITY
CLAUSE; 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. section 50-207, "Hours available for rental", is
hereby amended, and shall hereafter read as follows, to-wit:
"Sec. 50-207. Hours and dates available for rental.
Sylvan Beach Pavilion shall be available for rental Monday
through Sunday, from 8:00 a.m. until 1:00 a.m. The facility
shall also be available for rental on Tuesday mornings until
12: 00 noon, subject to availability. The facility is not
available for rental on Thanksgiving Day, Christmas Eve,
Christmas Day and New Year's Day."
Section 2. A new section 50-216, "Liability insurance", shall
be added, and shall read as follows, to-wit:
"Sec. 50-216. Liability insurance.
Any individual or organization (excluding La Porte non-profit
organizations) engaged in for-profit activity will be required
to furnish a comprehensive general liability policy, with the
City names as an additional named insured, with limits of not
less than One Million Dollars ($1,000,000) combined single
limit bodily injury and property damage per occurrence, for
their event. The organization shall furnish the City with a
certificate of insurance evidencing such coverage."
section 3.
Appendix A -- Fees, Article VI, Sylvan Beach,
shall be amended, and shall hereafter read as follows, to-wit:
"Article VI. Sylvan Beach
Division 2. Sylvan Beach Pavilion
(a) Rental rates according to days of week
50-208 (a)
'( 1) Monday........................
(2) Tuesday.......................
(3) Tuesday morning...............
( 4 ) Wednesday.....................
( 5) Thursday......................
(6) Fr iday. . . . . . . . . . . . . . . . . . . . . . . .
(7) Saturday......................
( 8 ) Sunday........................
(9) New Year's Eve................
500.00
500.00
200.00
500.00
600.00
1,250.00
1,500.00
900.00
2,750.00
It
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(b) Nonprofit organization on Tuesdays or
Wednesdays (not New Year's Eve) ... 300.00 50-208 (b)
(c) Fee per hour after 1:00 a.m....... 100.00 50-208 (c)
(d) Lessees needing extra time........ ~ full-time
rate 50-208 (d)
( e) Hourly security officer rate. . . . . . 18.00 50-209
(f) Reservations and damage deposit. . . 500.00 50-210"
section 3. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
shall, for any reason, 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 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
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.
2
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section 5. This Ordinance shall be in effect from and after
its passage and approval. The amendments contained herein, and the
changes in rates and hours of operation, shall be effective January
1, 2001.
PASSED AND APPROVED, this 23rd day of October, 2000.
ATTEST: l
1!Jtf!!!1~[L!~
City Secretary
CITY OF LA PORTE
By: )4~,:!:1tt~
~an L. Malone
Mayor
3
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PARKS AND RECREATION ~ 50-208
ARTICLE VI. SYLVAN BEACH.
DIVISION 1. GENERALLY
Sec. 50-186. Parking charges.
Neither the city nor the concessionaire shall make any charge for parking at Sylvan Beach
Park.
(Ord. No. 94-2006, ~ 4, 12-12-94)
Sees. 50-187-50-205. Reserved.
DIVISION 2. SYLVAN BEACH PAVILIONt
Sec. 50-206. Rental fee policy and schedule established.
(a) The city council, by this division, establishes rental fee policy and schedule for Sylvan
Beach Pavilion, formerly known as Sylvan Beach Convention Center.
(b) The city council has sought to establish rental fees which will cover the operating costs
of the facility, with higher fees for days of high usage demand, and lower fees for days of low
usage demand, to increase use and access to the facility by all community groups.
(c) The city council hereby establishes its firm policy, in fairness to all users, that no waiver
of rental fees, discounts from rental fees, or deviations from this published schedule of rental
fees, shall be allowed by the city council, nor by city administrative staff.
(d) The city council will review the income and expenses of Sylvan Beach Pavilion, and will
make appropriate adjustments to the rental fee schedule as conditions warrant.
(Ord. No. 1783, ~ 1, 9-23-91; Ord. No. 94-2006, 12-12-94)
Sec. 50-207. Hours available for rental.
Sylvan Beach Pavilion shall be available for rental, Monday through Sunday, from 8:00 a.m.
until 1:00 a.m.
(Ord. No. 1783, ~ 2, 9-23-91)
Sec. 50-208. Rental rates.
(a) Basis. The rental rates for Sylvan Beach Pavilion shall be based on the day of the week,
in amounts established by the city and listed in appendix A of this Code.
.Cross reference-Consumption or possession with intent to consume alcoholic beverages
on city property, ~ 6-3.
tCross reference-Exception for the prohibition of consumption or possession of alcoholic
beverages for Sylvan Beach pavilion, ~ 6-3.
Supp. No.2
CD50:14.1
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~ 50-208
LA PORTE CODE
(b) Any nonprofit organization which has its principal office in the city, that wishes to rent
the pavilion on a Wednesday, other than when it falls on New Year's Eve, will be charged an
amount established by the city and listed in appendix A ofthis Code, upon presentation of proof
of their nonprofit status.
(c) In addition, the lessee will be obligated to pay an additional fee in an amount established
by the city and listed in appendix A of this Code, per hour, after 1 :00 a.m. No function shall be
allowed to continue after 1:00 a.m., unless prior written approval is obtained from the director
of parks and recreation or his designee.
(d) Lessees requiring additional time for move-in, move-out, or rehearsal prior to Or
immediately following an event, extending to additional day, will be charged one-half of the
applicable full-time rate.
(Ord. No. 1783, ~ 3, 9-23-91)
Supp. No.2
CD50:14.2
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PARKS AND RECREATION * 50-211
Sec. 50-209. Security requirements; fees per officer.
It shall be the responsibility of the director of parks and recreation, or his designee, to
determine the number of security officers required for each event, and to arrange for such
security service. The charge for security service will be an hourly amount established by the
city and listed in appendix A of this Code per security officer and will be in addition to the
rental rate; provided, however, that the charge for security service on holidays will be an
hourly amount established by the city and listed in appendix Aofthis Code per security officer,
and will be in addition to the rental rate.
(Ord. No. 1783, * 4, 9-23-91)
Sec. 50-210. Reservations; reservation and damage deposit.
Reservations for use of Sylvan Beach Pavilion may be made either by phone or in person at
Sylvan Beach Pavilion or any other place that may be designated from time to time.
Reservations must be accompanied by a reservations and damage deposit in an amount
established by the city and listed in appendix A of this Code. The reservation and damage
deposit will reserve the facility for the lessee until rental payments are made and will provide
protection to the lessor for any damage to Sylvan Beach Pavilion caused by the lessee. Failure
of the lessee to vacate the premises at the designated hour will subject the lessee to additional
fees for rental and security, and such additional fees will be deducted from the reservation and
security deposit. The reservation and damage deposit will be returned to the lessee within 15
days after the event.
(Ord. No. 1783, * 5, 9-23-91)
Sec. 50-211. Payment of rental fees and security charges; terms and conditions.
Payments of rental fees and security charges shall be made according to the following terms
and conditions:
(1) At least 180 days prior to the rental date, 50 percent on the rental rate shall be due and
payable.
(2) At least ten days prior to the rental date, the remaining amount of the rental rate, plus
the total amount for security charges, shall be due and payable.
(Ord. No. 1783, * 6, 9-23-91)
CD50:15
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~ 50-212
LA PORTE CODE
Sec. 56-212. Cancellation of rental dates; notice required; refunds.
(a) Rental dates that are cancelled shall be subject to the following tenns and conditions.
The lessee shall provide written notice of the cancellation to the lessor. The amount of refund
is dependent on the date notice is received by the lessor as follows:
Notice Received
90 days before rental date
60 days before rental date
30 days before rental date
Amount of Prepaid
Rental Rate Refunded
(percent)
100
80
40
(b) No refund will be given for cancellations received within 30 days of the rental date. For
all cancellations prior to the date of the function, 50 percent of the reservation and damage
deposit will be refunded and 100 percent of any prepaid security charges will be refunded.
(Ord. No. 1783, ~ 7, 9-23-91)
Sec. 56-213. Rental rules and regulations; right of city to refuse to rent.
Rental of Sylvan Beach Pavilion will be subject to reasonable rules and regulations, which
shall be promulgated by the director of parks and recreation or his designee, with the approval
of the city manager. The city reserves the right to refuse rental of Sylvan Beach Pavilion to any
person, firm or group, for lewd or immoral purposes, or where the activities of such group may
reasonably be expected to result in a breach of the peace, or cause a threat to public health or
safety.
(Ord. No. 1783, ~ 8, 9-23-91)
Sec. 50.214. Concession requirements.
The city has entered into concession contracts with vendors of food and beverages at Sylvan
Beach Pavilion. The city reserves the right to include, in its rental agreements with lessees of
the facility, requirements as to the purchase of food and beverages exclusively from its duly
authorized concessionaires, and prohibiting food and beverages from being brought onto the
premises by lessees and their guests.
(Ord. No. 1783, ~ 9, 9-23-91)
Sec. 56-215. Parking charges.
Neither the city, nor its lessees, shall make any charge for parking at Sylvan Beach Pavilion.
(Ord. No. 1783, ~ 10, 9-23-91)
Sees. 50-216-50-235. Reserved.
CD50: 16
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LA PORTE CODE
Description
(3) An additional charge per hour/per court for racquetbalV
handball will be levied to each guest participating. . . .
When a guest is participating with a plan B or plan D
member, the fee will be waived.
(reservations only)
(4) Senior citizens (60 and over) ......... . . . . . . . . . . . . . . .
Article VI. Sylvan Beach
Division 2. Sylvan Beach Pavilion
(a) Rental rates according to days of week
(1) Monday............................................
(2) Tuesday...........................................
(3) Wednesday.........................................
(4) Thursday..........................................
(5) Friday.............................................
(6) Saturday...........................................
(7) Sunday............................................
(8) New Year's Eve.... ............. .. ... ........ .......
(b) Nonprofit organization on Wednesdays (not New Year's
Eve).................................................. .
(c) Fee per hour after 1:00 a.m. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) Lessees needing extra time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) Hourly security officer rate
(1) Regular hourly rate.. . . . . ... . . . . .. . . . .. . . .. . . .. . .. . .
(2) Holiday hourly rate.. . ... ..... .. . . .. . .. .. .. . ... . .. . .
(0 Reservations and damage deposit. . . . . . . . . . . . . . . . . . . . . . . .
Division 3. Fishing Pier
(1) Adults.............................................
(2) Senior citizen (over 60). . . .. . . . .. . . .. . .. .. . . .. . . . .. . .
(3) Youth (under 12) . . .. . . .. .. . .. .. .. . . . .. .. .. . .. . . .. . .
(4) Certified disabled person............................
CDA: 12
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Amount
Section
this Code
3.00
l/z price
50-208(a)
400.00
400.00
400.00
450.00
850.00
1,500.00
750.00
2,000.00
150.00 50-208(b)
100.00 50-208(c)
1/z full-time
rate 50-208(d)
50-209
12.50
18.75
200.00 50-210
50-237
3.00
1.50
1.50
1.50
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J\.fEETING HANDOUTS
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Neighborhood Plan
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Neighborhood
For the Northside Community of
La Porte
Introduction
. A guide for citizens and
government on making decisions
about future economic, physical
and social development of the
Northside Neighborhood
2
1
Neighborhood Plan
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Thanks to
. City Council
. City Staff
. Steering Committee
. La Porte Community Civic Club
. Main Street Association
. Northside Citizens
. Kids in Action
Plan process
. Public meetings
. Interviews and inspections
. Information-gathering
. Steering Committee meetings
,
3
4
2
,
Neighborhood Plan
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Plan overview
. History
. Plan elements
. Beautification and urban design
. Infrastructure
. Land development needs,
opportunities
. Quality of Life, social factors
. Implementation
Within each plan
element
. Goals
. Strategies
*Actions
5
6
3
Neighborhood Plan
e
e
t
Within each plan element
7
Beautification & urban design
Goal:
Improve physical appearance
Strategy 1
Beautify borders,
commercial areas
Strategy 2 Strategy 3
Improve private properties Improve pubrlC property,
facilities
8
4
,
Neighborhood Plan
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Infrastructure
Goal:
Provide adequate water, sewer, storm drainage
street lights, pedestrian safety
Strategy 1:
Determ ine need for
improvements
Strategy 2:
Analyze services,
programs related to
infrastructure
9
Land development needs & opportunities
Goal:
Encourage new housing development
Strategy 1:
Adopt, implement plan
Strategy 2:
Encourage affordable
housing
Strategy 3
Attract homebuyers
to Northside
10
5
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~ Quality of life, social factors
Goal 1:
Increase Public Safety and Security I
\
Strategy 1 : Strategy 2:
Increase public - ...., Improve communication,
safety. security trust between
citizens, Police
Strategy 3 Strategy 4
I ncrease police I- - Decrease places
presence where crime can
occur
Strategy 5
Make changes that -
lead to a safer
living environment 11
I
Quality of life, social factors
Goal 2:
Increase Community Empowerment,
Neighborhood Pride
Strategy 1 :
Strengthen existing
community assets
Strategy 2
Engage Green Oaks
Apartments in community
civic life
12
Neighborhood Plan
6
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Quality of life, social factors
Goal 3:
Increase opportunities
for economic development
Strategy:
Build a visionary,
community-driven system
for economic development
Action: Create a
community development
corporation
13
ext steps .. implementation
Neighborhood Plan
. Nine immediate priorities
. Help qualified, needy residents to
repair homes
. Investigate ways to assist needy
residents with transportation
. Remove buildings that can't be
repaired with owner approval or
through City's Dangerous Buildings
Program
14
7
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Nine priorities continued
. Install street lights where needed plus
increase private lighting
. Turn E Street into public park space
. "No trespassing" affidavits for Police
. Develop plan for putting sidewalks where
needed
. Create a Community Development
Corporation
. Reward people who keep properties
clean and tidy; help those who need help
15
eneral action priorities
. Quality of life
. Housing
. Beautification
. Infrastructure
16
Neighborhood Plan
8
Neighborhood Plan
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hat. the City has done ...
olng now
. Police bike patrols, summer youth
activities
. Letter to 203 vacant property owners
requesting trespass affidavits and
permission for property for community
gardens
. 5 fire hydrants included in FY 00-01
budget
. 40 streetlights authorized for installation
. City acquisition of 4 lots plus 10 more in
progress for park expansion
. Communicating with the Port regarding
Barbours Cut landscaping 17
. hat. the community has done ...
IS Ing now
. Joint activities - Civic Club and
Main Street Association
. Home repairs
. Youth activities
. Increased communication
. Outreach to Green Oaks
Apartments
. Continued emphasis on community
service activities
18
9
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lementation suggestions for the City
. Adopt plan and set schedule for progress
review
. Undertake high-impact, low-cost actions
first - according to preferences
. Begin feasibility study for neighborhood
empowerment zone
. Begin planning and budgeting for items
requiring commitment of public funds
. Assist in creating a CDC
19
at is needed to create a CDC?
. Creation and organization
. Initial board of directors
. Governing documents
. IRS application
. Staffing
. Professional community-builderl
grant-writer (with ABeD background)
. Operations support
. OffICe, telephone, computer, travel
expense
20
10
Neighborhood Plan
Neighborhood Plan
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w can the City assist with the CDC?
. Provide seed funding or in-kind to cover
. Costs for set-up (governing documents,
IRS application - $2,000 to $3,500)
. 1-year funding for part-time community-
builder/grant-writer (salary plus payroll
taxes and benefits - $15 to $17.5K)
. Office space
. Initial board appointments
21
hat can neighborhood stakeholders
pr ide to the CDC?
. Initial board appointments
. Operating support (cash and in-
kind)
. Office supplies, furniture,
equipment
. Telephone
. Travel expense
22
11
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Neighborhood Plan
. Nearly twenty basic resources
available locally that can provide
. Technical assistance and training
. Funding
. Community education
. Housing assistance services
. Success models
23
12
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THE RED rnBBON CA.NIPAIGN
RED RIBBON WeEK 2000 - October 23rd - 27th in LPISD (Nationally, the 23rd - 31st.)
.
where
we've
come
from
~" Don;,,<
, cI'
o ,~ A'
e ""'-' 0
<J:) ~
~ 'f.
rJ>
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:I
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.
.
On February 7, 1985, 37-year-old Drug Enforcement Administration
agent Enrique "Kiki" Camerena was brutally murdered. Assigned in
Mexico, Camarena had been investigating a multi-billion dollar drug
trafficking operation. As he left his office, five men appeared at his
side and shoved him into a car. One month later, Camarena's
tortured and badly-beaten body was found in a shallow grave 70
miles from Michoacan, Mexico.
Parents in Illinois and Virginia heard of the slaying and launched the
first Red Ribbon Campaign as a statement that Americans were tired
of the violence and destruction caused by drug and alcohol abuse.
Since that time, the Red Ribbon Campaign has earned a Congres-
sional proclamation and has become an annual event, reaching
millions of Americans each year.
For the 15 th year, the Red Ribbon Campaign has been a
passionate, grassroots expression of concern. It is our
opportunity to collectively take a stand and say that Kiki's life -
- that all lives lost or devastated by the abuse of alcohol and
other drugs -- were a price too high. We, as a nation, will not
stand idly by as these silent and deadly killers steal futures.
The Red Ribbon Campaign is our voice. It is our way of say-
ing we will continue the fight until we are victorious. Come
JOin us.
.,
e
e
Date:
/o~ 2-3.0 c)
Name:
~. ~ AM L L/4-RSO /l/
Address: L/ 0 b
t;'/L 51 < AioerH
City, State, Zip: J.A r:J
L, rOnE I (7\
I
7757/
Subject on which I wish to speak:
/I/o13r1l5( DE &o/J1111 vAl iJ( Ai &/ L>6/avc&totJ j) 1>t.M
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Date: ~c1- :7.1, ;Ab{} ~
Name: Pat ~
/
Address: U, IJvfd~
City, State, ZiP~h r]X 11 r 1 /
(
-
Subject on which I wish to speak:
r~Mh (!~~~jJJaM/- StTff
. '
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.;
City Council Meeting
October 23,2000,
Mayor, City Council and fellow residents of La Porte,
The economic and social p'rogress of the N orthside has not kept pace with the
-rest of La Porte. As a matter of fact it has been ignored. For a very long time, as
everyone knows, the area of the original downtown La Porte has been dismissed as
an eyesore and a blight to the rest of the town. It is common knowledge among
neighboring cities that the Northside is the place to go for 'party supplies'.
Time after time the governing fathers of this small town have dismissed
opportunities to make this area a viable part of the city. It has been left up to a
handful of independent shop owners to sustain what little legal commerce that has
survived to date. The police have slowly been gaining an upper hand on the more
'subversive actions being committed on the Northside but have a long way to go
before they can declare this war zone a victory.
The focus of these facts, being aired today, ~ not to blame anyone Qut to
alert everyone to the fact that the citizens of the Northside aren't going to lie back
and take it anymore. The plan being presented tonight is the initial step to right a
terrible injusticeto the people of the Northside, and yes, fellow residents of La
Porte.
The Northside currently h".s a very active Community Civic Club and we are
creating more interest and membership all of the time. Many existing activities and
exciting new projects are being detailed for future implementation.
..
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,The Civic Club is the prominent citizen representation for the 'Northside and
primary liaison for the city t6 our residents. They are capable and willing to activate
this plan. The only thing that we ask 'is that the city recognize and support us in our
endeavors and have the fore sight to realize a long term future for the city. Weare
alllool\ing forward to the day that we can stand up and be proud to say we are from
;
La Porte and we live on the Northside.
I personally will be glad when I can get pizza delivered anytime of the day or
night. :
Respdctfully Yours,
p
D. Paul Larson
406 4th St., North
La Porte, TX 77571
281.842.7441
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Date:
'-z-~ 0 ci 00
Name:
(S 1TtV\ -cS
A- . fA! f?r- (L/l- f tJ
Address: p- 0. fb Of-- ['7I /
City, State, Zip: ~ 11 r *{ '1Y-- // T7 ~
Subject on which I wish to speak:
Nrb/V~ Sl M. p'fJ,J
~
Neighborhood Plan
e
e
Neighborhood
For the Northside Community of
La Porte
Introduction
. A guide for citizens and
government on making decisions
about future economic. physical
and social development of the
Northside Neighborhood
2
1
Neighborhood Plan
e
e
Thanks to
. City Council
. City Staff
. Steering Committee
. La Porte Community Civic Club
. Main Street Association
. Northside Citizens
. Kids in Action
Plan process
. Public meetings
. Interviews and inspections
. Information-gathering
. Steering Committee meetings
~
3
4
2
'./
Neighborhood Plan
e
e
Plan overview
. History
. Plan elements
. Beautification and urban design
. Infrastructure
. Land development needs,
opportunities
. Quality of Life, social factors
. Implementation
Within each plan
element
. Goals
. Strategies
* Actions
5
6
3
e
e
'cO
Within each plan element
7
Beautification & urban design
Goal:
Improve physical appearance
Strategy 1
Beautify borders,
commercial areas
Strategy 2 Strategy 3
Improve private properties Improve public property,
facilities
8
Neighborhood Plan
4
~
e
e
Infrastructure
Goal:
Provide adequate water, sewer, stann drainage
street lights, pedestrian safety
Strategy 1:
Detennine need for
improvements
Strategy 2:
Analyze services,
programs related to
intrastructu re
9
Land development needs & opportunities
Goal:
Encourage new housing development
Strategy 1:
Adopt, implement plan
Strategy 2:
Encourage affordable
housing
Strategy 3
Attract homebuyers
to Northside
10
Neighborhood Plan
5
e
e
..'
~ Quality of life, social factors
Goal 1:
Increase Public Safety and Security I
\
Strategy 1 : Strategy 2:
Increase publiC - - Improve communication,
safety, security trust between
citizens, Police
Strategy 3 Strategy 4
I ncrease police - I- Decrease places
presence where crime can
occur
Strategy 5
Make changes that -
lead to a safer
living environment 11
I
Quality of life, social factors
Goal 2:
Increase Community Empowerment.
Neighborhood Pride
Strategy 1:
Strengthen existing
community assets
Strategy 2
Engage Green Oaks
Apartments in community
civic life
12
Neighborhood Plan
6
e
e
Quality of life, social factors
Goal 3:
Increase opportunities
for economic development
Strategy:
Build a visionary,
com m un ity-d riven system
for economic development
Action: Create a
community development
corporation
13
ext steps .. implementation
Neighborhood Plan
. Nine immediate priorities
. Help qualified, needy residents to
repair homes
. Investigate ways to assist needy
residents with transportation
. Remove buildings that can't be
repaired with owner approval or
through City's Dangerous Buildings
Program
14
7
e
e
~
Nine priorities continued
. Install street lights where needed plus
increase private lighting
. Turn E Street into public park space
. "No trespassing" affidavits for Police
. Develop plan for putting sidewalks where
needed
. Create a Community Development
Corporation
. Reward people who keep properties
clean and tidy; help those who need help
15
eneral action priorities
Neighborhood Plan
. Quality of life
. Housing
. Beautification
. Infrastructure
16
8
Neighborhood Plan
e
e
hat. the City has done ...
olng now
. Police bike patrols, summer youth
activities
. Letter to 203 vacant property owners
requesting trespass affidavits and
permission for property for community
gardens
. 5 fire hydrants included in FY 00-01
budget
. 40 streetlights authorized for installation
. City acquisition of 4 lots plus 10 more in
progress for park expansion
. Communicating with the Port regarding
Barbours Cut landscaping 17
. hat. the community has done ...
IS Ing now
. Joint activities - Civic Club and
Main Street Association
. Home repairs
. Youth activities
. Increased communication
. Outreach to Green Oaks
Apartments
. Continued emphasis on community
service activities
18
9
e
e
lementation suggestions for the City
. Adopt plan and set schedule for progress
review
. Undertake high-impact, low-cost actions
first - according to preferences
. Begin feasibility study for neighborhood
empowerment zone
. Begin planning and budgeting for items
requiring commitment of public funds
. Assist in creating a COC
19
at is needed to create a COC?
Neighborhood Plan
. Creation and organization
. Initial board of directors
. Governing documents
. IRS application
. Staffing
. Professional community-builderl
grant-writer (with ABeD background)
. Operations support
. OffICe, telephone, computer, travel
expense
20
10
e
e
w can the City assist with the CDC?
. Provide seed funding or in-kind to cover
. Costs for set-up (governing documents,
IRS application - $2,000 to $3,500)
. 1-year funding for part-time community-
builder/grant-writer (salary plus payroll
taxes and benefits - $15 to $17.5K)
. Office space
. Initial board appointments
21
hat can neighborhood stakeholders
pr ide to the CDC?
Neighborhood Plan
. Initial board appointments
. Operating support (cash and in-
kind)
. Office supplies, furniture,
equipment
. Telephone
. Travel expense
22
11
e
e
Ip is available
Neighborhood Plan
. Nearly twenty basic resources
available locally that can provide
. Technical assistance and training
. Funding
. Community education
. Housing assistance services
. Success models
23
12