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HomeMy WebLinkAboutO-1972-942 ,,' " .' "!..," , ' .r--.., ..~/< ,.r---. ".~~- , ....--...... W+~ -" - '. . . " - . . ORDINANCE NO. 942 . AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF INDUSTRIAL DISTRICT AGREEMENTS WITH INDUSTRY WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT, FOR THE SEVEN (7) YEAR PERIOD COMMENCING JANUARY 1, 1973. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section 1. The City Commission of the City of La Porte hereby finds, deterrnines and declares that the following narned corporatkns have each executed industrial district agreernents with the City of La Porte, for the seven-year terrn commencing January 1, 1973, a copy of each of said proposed industrial district agreernents being attached hereto, incorporated by reference herein, and rnade a part hereof for all purposes, to-wit: E. I. Du Pont De Nernours & Cornpany National Distillers and Chernical Corporation National Petro Chemicals Corporation Celanese Corporation Houston Lighting & Power Cornpany Phillips Petroleum Cornpany Southwest Chernical & Plastics Cornpany Diarnond Sharnrock Corporation The Upjohn Cornpany Texas Alkyls, Inc. Section 2. The Mayor, the City Commissioners, and the City Clerk of the City of La porte, Texas, be, and they are hereby, authorized and ernpowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreernents with the corporations narned in Section 1 hereof, copies of which are attached hereto. Section 3. This Ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this the 6th day of November, 1972. CITY OF LA P~ By Z ~ . ~4 E. A. Thornas, Mayor .~ " APPROVED.. d. ~-a! ~ Cl.ty Attorney ........... -. . . . . .,.. - 1 . . THE S'J'~TE OF TEXAS X X COUN'rY OF HARRIS X X CITY OF LA PORTE X INDUSTRIAL DISTRICT AGREE1(ENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and E. I. du Pont de Nernours and Cornpany, Inc. Delaware , a corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Commission of the City of La Porte, Texas, to adopt such reasonable measures frorn 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 Commdssion as being in the best interest of the City and its citizensJ and WHEREAS, Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to-wit: Deed frorn H. C. Cockburn dated March 29, 1944, recorded in Vol. 1318, page 364 Deed frorn United States of America by the United States Maritirne Commission dated March 30, 1944, recorded in Vol. 1318, page 444 Deed from St. Joe Paper Company dated December 21, 1967, recorded in Vol. 7034, page 10 Deed from Texas Commerce Bank, National Association, Trustee, dated May 21, "1970, recorded in Vol. 8025, page 318 Deed frorn Decker McKim, Trustee, dated August 1, 1970, recorded in Vol. 8111, page 60 . Deed frorn Harris County Houston Ship Channel Navigation District dated June 30, 1969, recorded in Vol. 7708, page 242 (Revised: 8-72) ... -, ,. . . . . . Industrial District Agreement - 2 . upon which tract(s) Company has either constructed an industrial plant(s) or conternplates the construction of an industrial plant(s)i and WHEREAS, pursuant to its pOlicy, City has enacted Ordinance No. 729 designating a part of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, . Texas, U hereinafter called "District," such Ordinance being in com- 'Pliance with the provisions of Article I, Section 5 of the Municipal Annexation Act, H.B. 13, Acts of the 58th Legislature of the State of Texas, Regular Session, 1963; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official rninutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreement of the parties contained herein and pursuant to the authority ~ granted under the Municipal Annexation Act and the Ordinance of City referred to above, City and Company hereby agree with each other as follows: 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 and retain its extraterri- torial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said 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 (Revised: 8-72) " . . . . Industrial District Agreernent - 3 - and guarantee that such industrial district, to the extent that it ~ covers saiq land lying within said District and not now within the corporate lirnits of City or to be annexed under the provisions of Article II hereof, shall be immune frorn annexation by City during the terrn hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which rnay be annexed pur- suant to the later provisions of this Agreement, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumb- ing or inspection code or codes, or (c) attempting to exercise in any . manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the sarne extent and to the same intent and effect as if all land covered by this Agreernent were located within the corporate lirnits of City. II. Cornpany has filed with City, coincident with the execution hereof, its petition to City to annex 25% of the total value of the land and irnprovements hereinabove described. Upon annexation thereof, Cornpany 411tagrees to render and pay full City ad valorern taxes on such annexed -- land and irnprovements. In addition, Company shall make "in lieu of taxes" payments to City on the remaining 75% of the value of the land and irnprovernents thereon, in an amount equal to 25% of the amount which would be payable to City -in ad valorem.taxes if said 75% of the hereinabove described property was within the corporate lirnits of City. III. City shall have the right three (3) years after the effective date hereof to review and deterrnine the value of the land and improvements within the area covered by this Agreement which are then within the corporate lirnits of City (the annexed area) and the value of the land ~and irnprovements within the area covered by this Agreement which are not within the corporate limits of City (the unannexed area). If at (Uevised: 8-72) . . . . Industrial District Agreernent - 4 . the tirne of such review the value of Cornpany's land and irnprovements within the annexed area is less than 25% of the total value of Cornpany's land and irnprovements in both the annexed and unannexed areas, City shall have the right to require Cornpany to pay to City annually begin- ning with the following year and continuing thereafter during the rernaining terrn of this Agreernent, and in that event Cornpany agrees to pay,an additional arnount "in lieu of taxes" on Cornpany.s land and irnprovew~nts in the unannexed area to the end that Company.s payment of taxes on the annexed area combined with its payrnent of "in lieu of taxes" on the unannexed area will equal 43.75% of the arnount of ad valorern taxes which would be payable to City by Cornpany if all of . .the hereinabove described property had been within the corporate lirnits of City at the time of such determination and review. The value deterrninations shall be made in accordance with the procedure for other determinations of value hereunder. IV. Cornpany may count and include any portion of its land heretofore included within the corporate lirnits of City, which is within the above-described property, in the deterrnination of the 25% of the total value of the land within, and irnprovernents on, its above-described property, for annexation purposes under the foregoing provisions of . this Agreernent. v. This Agreernent shall extend for a period beginning on the 1st day of January, 1973, and continue thereafter until December 31, 1979, unless extended for an additional period or periods of time upon rnutual consent of Cornpany 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, of the final calendar year of the terrn hereof, the agreernent of City not to annex property of Cornpany within the District shall . terrninate. In that event, City shall have the right to commence imme- diate annexation proceedings as to all of Cornpany's property covered by this Agreernent, notwithstanding any of the terrns and provisions of (Revised: 8-72) . . , . . . Industrial District Agreernent - 5 this agreernent, and in such event Cornpany agrees that if the Texas . Municipal Annexation Act, Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which irnposes greater restrictions on the right of City to annex land belonging to Cornpany or irnposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to cornply with any such additional restrictions or obligations and the rights of the parties shall be then deterrnined in accordance with the provisions of said Texas Municipal Annexation Act as the sarne exists on the date of execution of this Agreernent. This Agreernent rnay be extended for an additional period or . periods by agreernent between City and Cornpany andlor its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreernents of the kind rnade herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Commissions to enter into future industrial district agreernents and to extend for additional periods perrnitted by law this Industrial District Agreernent upon request of Cornpany or its assigns; provided, however, that nothing . herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreernent. VI. Cornpany agrees to pay all ad valorern taxes, and all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the term hereof. It is agreed that presently the ratio of ad valorern tax assessrnent used by City is eighty per cent (80t) of the fair rnarket value of property. Any change in such ratio used by City shall be reflected in any subsequent cornputations hereunder. This _~greernent shall be subject to all provisions of law relating to deterrnination of value of land and irnprovernents for tax purposes 4It (e.g., rendition, assessrnent, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and deterrnining the arnount of (Revised: 8-72) 'A . . . . . . Industrial District Agreernent - 6 . ad valorern tax payrnents, and the arnount of "in lieu of tax" payments hereunder. VII. In the event Cornpany elects to protest the valuation set on its said properties by City for any year or years during the terrns hereof, nothing in this Agreernent shall preclude such protest and Cornpany shall have the right to take all legal steps desired by it to reduce the sarne. Notwithstanding such protest by Cornpany, Cornpany agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total arnount of ad valorern taxes on the annexed portions, plus (b) the total arnount of the lIin lieu of taxes" on the ~ unannexed portions of Cornpany's hereinabove-described property which would be due by Cornpany to City in accordance with the foregoing pro- visions of this Agreernent on the basis of renditions which shall be tirnely filed by Cornpany with City's Tax Assessor-Collector for that year. When the City tax valuation on said property of Cornpany has been finally deterrnined, either as the result of final judgrnent of a court of cornpetent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Cornpany shall rnake payment to City of any additional payrnent due hereunder based on such final valuation. . VIII. City shall be entitled to a tax lien on Cornpany's above-described property, and all irnprovernents thereon, in the event of default in payrnent of "in lieu of taxes" payrnents hereunder, ~lhich 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. IX. Cornpany agrees to provide to City at Cornpany's expense, a survey plat and field note description of the land and irnprovemen~ which Cornpany petitions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to . a point on the existing corporate lirnits of La Porte. In the event (Revised: 8-72) .. . . ., ...'" , , . . . Industrial District Agreernent - 7 . of failure of Cornpany to file either such petition, or such descrip- tion, City shall have the right by notice in writing to Cornpany to cancel and terrninate this Agreernent. X. This Agreernent shall inure to the benefit of and be binding upon City and Cornpany, and upon Company's successors and assigns, affili- ates and subsidiaries, and shall rernain in force whether Cornpany 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 . Cornpany situated within said territory, for so long as this Agreement or any extension thereof rernains in force. XI. If City enters into an Agreernent with any other landowner with respect to an industrial district or enters into a r~ewal of any existing industrial district agreernents after the effective date hereof and while this Agreement is in effect, which contains terrns and provisions rnore favorable to the landowner than those in this Agreement, Cornpany and its assigns shall have the right to arn~nd this Agreernent and City agrees to arnend sarne to embrace the rnore favorable . terms of such agreement or renewal agreernent. ENTERED INTO this 31st day of August, 1972. du Pont de Nemours Inc. By (COMP ANY) It. (f2 "-~ . ATTEST: ... ~~tJ~ Asst. ,-5 pret;ary' I - ~<> ". ~ . '" . . ~~J~.. . 0 CITY OF LA PORTE By!~Ll.~~-4 layor . (Revised: 8-72) '0 '''. - " \ ' .. I. . 1. . . . . 1'." . . Industrial District Agreernent - 8 APPROVED AS TO FORM: ~# KNOX W. ASKINS, Cl.ty 122 S. Broadway P.O. Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 C1ty Comml.ssl.oner \ ~J.,~~ ~Jtj)~c*. ~ Cl.ty Comml.ssl.oner ~ .,,:, ". . . . . , THE ST~TE OF TEXAS X X COUN'rY OF HARRIS X X CITY OF LA PORTE X INDUSTRIAL DISTRICT AGREEl4ENT 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 National Distillers and Chemical Corporation , a Vire:inia corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Commdssion 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 Commdssion as being in the best interest of the City and its citizens: and WHEREAS, Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the foltowing Volume and Page references, to-wit: See EXHIBIT A. (Revised: 8-72) --~~~~. . -::-<.....~ . . . I Industrial Oistrict Agreement - 2 upon which tract(s) Company has either constructed an industrial plant(s) or conternplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729 designating a part of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, . Texas," hereinafter called "District," such Ordinance being in com- pliance with the provisions of Article I, Section 5 of the Municipal Annexation Act, H.B. 13, Acts of the 58th Legislature of the State . . of Texas, Regular Session, 1963; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreement of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinance of City referred to above, City and Cornpany hereby agree with each other as follows: 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 and retain its extraterri- torial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Cornpany and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree (Revised: 8-72) 'l- . I ) , . " , )., Industrial District Agreernent - 3 _ and guararitee that such industrial district, to the extent that it 411tcovers sai4 land lying within said District and not now within the corporate lirnits of City or to be annexed under the provisions of Article II hereof, shall be immune frorn annexation by City during the terrn hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which rnay be annexed pur- suant to the later provisions of this Agreernent, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumb- ing or inspection code or codes, or (c) atternpting to exercise in any 411tmanner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or il1t.ervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the sarne extent and to the same intent and effe~t as if all land covered by this Agreement were located within the corporate limits of City. II. Company has filed with City, coincident with the execution hereof, its petition to City to annex 25% of the total value of the land and irnprovernents hereinabove described. Upon annexation thereof, Company 4Itagrees to render and pay full City ad valorern taxes on such annexed land and irnprovernents. In addition, Cornpany shall rnake "in lieu of taxes" payrnents to City on the remaining 75% of the value of the land and irnprovernents thereon, in an amount equal to 25% of the amount which would be payable to City in ad valorem.taxes if said 75% of the hereinabove described property was within the corporate limits of City. III. City shall have the right three (3) years after the effective date hereof to review and determine the value of the land and irnprovements within the area covered by this Agreement which are then within the corporate lirnits of City (the annexed area) and the value of the land .and irnprovements within the area covered by this Agreement which are not within the corporate limits of City (the unannexed area). If at (Hevised: 8-72) t.;" -I . . . '. . . I Industrial District Agreernent - 4 the tirne of such review the value of Cornpany's land and improvernents within the annexed area is less than 25% of the total value of Cornpany's land and irnprovernents in both the annexed and unannexed areas, City shall have the right to require Cornpany to pay to City annually begin- ning with the following year and continuing thereafter during the remaining terrn of this Agreernent, and in that event Cornpany agrees to pay,an additional arnount "in lieu of taxes" on Cornpany's land and irnprove~~nts in the unannexed area to the end that Cornpany's payment of taxes on the annexed area combined with its payrnent of "in lieu of ta.xes" on the unannexed area will equal 43.75% of the arnount of ad valorern taxes which would be payable to City by Cornpany if all of the hereinabove described property had been within the corporate limits of City at the time of such deterrnination and review. The value deterrninations shall be made in accordance with the procedure for other determinations of value hereunder. IV. Cornpany may count and include any portion of its land heretofore included within the corporate lirnits of City, which is within the above-described property, in the deterrnination of the 25% of the total value of the land within, and improvernents on, its above-described property, for annexation purposes under the foregoing provisions of this Agreernent. V. This Agreernent shall extend for a period beginning on the 1st day of January, 1973, and continue thereafter until December 31, 1979, unless extended for an additional period or periods of time upon mutual consent of Cornpany 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, of the final calendar year of the term hereof, the agreement of City not to annex property of Cornpany within the District shall terrninate. In that event, City shall have the right to commence imme- 4It diate annexation proceedings as to all of Cornpany's property covered by this Agreement, notwithstanding any of the terrns and provisions of (Revised: 8-72) ... . ". . . . '. . I I Industrial District Agreernent - 5 this agreernent, and in such event Cornpany agrees that if the Texas Municipal Annexation Act, Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which irnposes greater restrictions on the right of City to annex land belonging to Cornpany or irnposes further obligations on City in connection therewith after the annexation of such land, Cornpany will waive the right to require City to cornply with any such additional restrictions or obligations and the rights of the parties shall be then deterrnined in accordance with the provisions of said Texas Municipal Annexation Act as the same exists on the date of execution of this Agreernent. This Agreement rnay be extended for an additional period or periods by agreernent between City and Cornpany andlor its assigns even though it is not extended by agreernent between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreernents of the kind rnade herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Commissions to enter into future industrial district agreernents and to extend for additional periods perrnitted by law this Industrial District Agreernent upon request of Cornpany or its assigns; provided, however, that nothing herein contained shall be deerned to obligate either party hereto to agree to an extension of this Agreernent. VI. Cornpany agrees to pay all ad valorern taxes, and all "in 11eu of taxes" payments hereunder, to City on or before December 31 of each year during the term hereof. It is agreed that presently the ratio of ad valorern tax ass~ssrnent used by City is eighty per cent (80t) of the fair rnarket value of property. Any change in such ratio used by City shall be reflected in any subsequent cornputations hereunder. This Agreernent shall be subject to all provisions of law relating to deterrnination of value of land and irnprovernents for tax purposes 4It (e.g., rendition, assessrnent, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and determining the arnount of (Revised: 8-72) ., .. . . . ~, . '. . . Industrial Uistrict Agreernent - 6 ad valorern tax payrnents, and the arnount of "in lieu of tax" payments hereunder. VII. In the event Cornpany elects to protest the valuation set on its said properties by City for any year or years during the terrns hereof, nothing in this Agreernent shall preclude such protest and Cornpany shall have the right to take all legal steps desired by it to reduce the sarne. Notwithstanding such protest by Cornpany, Cornpany agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total arnount of ad valorern taxes on the annexed portions, plus (b) the total arnount of the "in lieu of taxes" on the unannexed portions of Cornpany's hereinabove-described property which would be due by Cornpany to City in accordance with the foregoing pro- visions of this Agreernent on the basis of renditions which shall be tirnely filed by Cornpany with City's Tax Assessor-Collector for that year. When the City tax valuation on said property of Cornpany has been finally deterrnined, either as the result of final judgrnent of a court of cornpetent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Cornpany shall rnake payment to City of any additional payment due hereunder based on such final valuation. VIII. City shall be entitled to a tax lien on cornpany's above-described property, and all irnprovernents thereon, in the event of default in payrnent 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 sarne manner as provided by law for delinquent taxes. IX. Cornpany agrees to provide to City at Cornpany's expense, a survey plat and field note description of the land and irnprovementp which Company petitions to be annexed in accordance with the provisions of 4IIt Article II above. Such annexation tract shall be contiguous to a point on the existing corporate lirnits of La Porte. In the event (Revised: 8-72) 0", ",., . ., . . Industrial District Agreernent - 7 . of failure of Cornpany to file either such petition, or such descrip- tion, City shall have the right by notice in writing to Cornpany to cancel and terrninate this Agreement. X. This Agreernent shall inure to the benefit of and be binding upon City and Cornpany, and upon Company's successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Cornpany sells, assigns, or in any other rnanner 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 . Cornpany situated within said territory, for so long as this Agreernent or any extension thereof rernains in force. XI. If City enters into an Agreernent with any other landowner with respect to an industrial district or enters into a r~ewal of any existing industrial district agreernents after the effective date hereof and while this Agreement is in effect, which contains terrns and provisions rnore favorable to the landowner than those in this Agreement, Cornpany and its assigns shall have the right to arnsnd this Agreernent and City agrees to arnend same to embrace the rnore favorable . terms of such agreement or renewal agreernent. ENTERED INTO this 31st day of August, NATIONAL D ... ~ c.~~ CITY OF LA PORTE By t.~ ~~~..~ f.\1ayor '- ~ ...... .,3 , (" " ..... .- ,.;- (Revised: 8-72) , ".r .. 4 "'. J.:,. . . ,..,. . . . . , . . Industrial District Agreement - 8 ~mm~' ~~ ~ Cl.ty Comml. ~ KN W. ASKINS, 122 S. Broadway P.O. Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 ~..~ . .~ ...----... . . ~ ~:;,,"" NATiONAL DIBTILLEIQ,' AND CH1:;I1ICAL COHPORA'I'ION-FIELD NO'l'BS-Page 2: '. '," , - . Thence, N ~2~. 581 W, along U. S. Industrial Chemicals Co. plant coordinate, East 155, a distance of 292 feet to a point ,for corner, said point being at U. S. "Industrial Chemicals Co. plant coordina~es, North 2090 and East 155; . " j Thence, N 870 021 E, along U. S. Industrial Chemicals Co. plant coordinate, Uorth 2090, a distance of 673 f~et to a point for corner, said point being at U. S. Industrial Chemicals Co. plant coordinates, North 2090 and East 828; Thence, S 020 581 E, along U. S. Industrial Chemicals Co. plant coordinate, East 828, a distance of 237 feet to a point for corner, said point being in the present City Limits line of the City of La Porte and at U. S. Industrial Chemicals Co. plant coordinates, North 1853 and East 828; "Thence, N 870 021 E, along the. present City Limits line of the City of La Porte and U. S. Industrial Chemicals Co. plant coordinate, North 1853, a distance of 331 feet to a point for ~orner, said point being at U. S. Industrial . . Chemicals Co. plant coordinates, North 1853 and Eas~ 1159; Thence, N 020 58' W, along the present City Limits line of the City of La Porte and U. S. Industrial Chemicals Co. plant coordinate, East 1159, a distance ,of 348 feet to a point for corner,' said point being at U. S. Industrial Chemicals Co. plant coordinates, North 2201 and East 1159; Thence, N 870 02' E, along the present City Limits line of the 9ity of. La Porte and U. S. Industrial Chemicals Co. plant coordiante, North 2201, a distance of 693.21 feet to a point for corner, ~aid point being at U. S. Industrial Chemcials Co. plant coordinates, North 2201 and Last 1852.21; Thence, S 020 581 E, along the line of the City of La Porte and U. Co. plant coor4inate, East 1852.21, to the POINT OF BEGInNING. .;,; -.-....0:-_- _ -. .._ . - ." . . . '" ........ _.-.-._-_--...~..._........-...-_....-.....-- _.....""-"'--..._- .-.-....--..... -" -.----- .'.-'-'-"(' present City Limits s. Industrial Chemicals a di.stanc~ of 1 foot Field notes prepared from map information. ;;:I tLL-~ .. H. Carlos Smi'tih Texas.Registered Public Bu~veyor No. 1228 "~=- ".. . 1:- .. . . I 'I I . . . . .. . . '.-, " . FIELD NOTE DESCHIPTIO~I e ANHEXATION Jd~EA NA~IQHAL DIS'rILLEIW j\rm CHEf1IC1LL COHPOHAJJON LA PORTE, .TEXAS I Being a tract of land ?ut of the National Petro Che"mical Corp. 24.99 acre truc t and the A - B Chemical Co. 113.3a acre tract out of the Arthur McCor~ick Survey, .A-L~6,.Harris County, Tex~s, said tract being more part- icularly described as f61lows: BEGINNING ar'a point in the present City Limits line of the City of La forte, said point being 90 feet West of . the West right-of-way line of Miller Cut Off Road apd 2,200 feet, more or less, North of the North boundary line of the Enoch Brinson Survey, A-5, Harris County, Texas, said point being also at U. .S. Industrial Chemicals Co. plant coordinates, North 2200 and Last 1852.21; "Thence, S 870 02' W, along the present City Limits I line of the City of La Porte ~~d U. S. Industrial Chemicals Co. plant coordinate. N 2200, a distance of 692.2l'1eet to a point for corner, said point being ~~ u. S. Industrial Chemicals Co. plant cqordinates, North 2200, and ~ast 1:t.6.o; Thence, ~ 020 58~ E, along the present, City Limits line of the City of La Porte and U. S. Industrial Chemicals Co. plant coordinate", E 1160, a distance of 348 feet to a point for corner, ?..~id point being at U. S. Industrial Chemicals Co. plant. coordinates, North 1852 and East 1160; Thence, S 87~.02t \.I, along the present City Limits line of the. City of La" Porte and U. S. Industrial Chemicals Co. plant coo:rdinate, NortI~ 1852, a distance of 332 feet t~. a point;or corner, said point being at U. S. Industrial Chemicals Co. pl?nt coordinates, North 1852 and East 828; Thence, S 020 58' E, alonG U. S. Industrial Checicals Co. plant coordinate East 828, a distance of 420 feet to a point for corner, said poi.nt being at U. S. Industrial Chemicals Co. plant coordinates, North 1432 and East 828; Thence, 8870 02' ~J, alolig U. S. Industrial Chemica1.1 Co. plant coordinate, North ~~32, a distance of 491 feet to a ~oiI)t for 'cor:ner, said point being at U. S. lndust,rt~~ Chemicals Co. plant coordiriates~ North 1432 and East "~37; . ' .~hence, N 02? 58' W,. ~long U. S. Industrial "Ghe~ica1s Co. Jilant coordinate, East. 33'7, a di.stance of' 366 feet to a point for cor~er, said point being at U. S. Industrial " . . Chemicals Co. plant e(){)rtlj.Jl.3te~;, North 179[) and Ku;l: .',57; 'rl1l~llee, ~) B'?" ();~'. .~J, ululI!.~ u_ ~;. lndll~i\.I.'i.H] Clwm1.ca.lu . Co. plant coordinate, North l79B, n diutance of 182 ~cet' to a po':l.nt for corner, said po'j i1t heing at U. S. JnduGtrinl ... ClIl.:udeal::; Co. pJunl; (;ooruinuLr:::'J .North l'/t.1B ;lJll1 I~:"w\.; l~~'j; . \ . . . . . . e Industrial District Agreement - EXHIBIT A 1. Deed from National Distillers and Chemical Corporation to The A-B Chemical Corporation dated November 30, 1962, recorded in Volume 4949, page 143 of the Deed Records of Harris County, Texas; excluding 24.9962 acres described in deed from National Distillers and Chemical Corporation dated March 23, 1962, recorded in Volume 4698, page 355 of the Deed Records of Harris County, Texas; and excluding 8.853 acres described in deed from The A-B Chemical Corporation to National Petro Chemicals Corporation dated October 1, 1970, recorded in Volume 8202, page 370 of the Deed Records of Harris County, Texas; 2. Deed from National Distillers and Chemical Corporation to The A-B Chemical Corporation dated November 30, 1962, recorded in Volume 4949, page 165 of the Deed Records of Harris County, Texas; 3. Deed from National Distillers and Chemical Corporation "to The A-B Chemical Corporation dated November 30, 1962, recorded in Volume 4949, page 161 of the Deed Records of Harris County, Texas; 4. Deed from National Distillers and Chemical Corporation to The A-B Chemical Corporation dated November 30, 1962, recorded in Volume 4949, page 150 of the Deed Records of Harris County, Texas; 5. Deed from National Distillers and Chemical Corporation to The A-B Chemical Corporation dated November 30, 1962, recorded in Volume 4949, page 169 of the Deed Records 'of Harris County, Texas; 6. Deed from National Distillers and Chemical Corporation to The A-B Chemical Corporation dated November 30, 1962, recorded in Volume 4949, page 157 of the Deed Records of Harris County, Texas; 7. Deed from National Distillers and Chemical Corporation to The A-B Chemical Corporation dated November 30, 1962, recorded in Volume 4949, page 174 of the Deed Records of Harris County, Texas; 8. Deed from Harris County Houston Ship Channel Navigation District to The A-B Chemical Corporation dated October 11, 1963, recorded in Volume 5334, page 290 of the Deed Records of Harris County, Texas; 9. Deed from Humble Oil and Refining Company to National Distillers and Chemical Corporation dated December 27, 1967, recorded in Volume 7036, page 127 of the Deed Records of Harris County, Texas; excluding 15.0 acres described in deed from National Distillers and Chemical Corporation to Harris County Ship Channel Navigation District dated June 15, 1969, recorded in Volume 7657, page 615 of the Deed Records of Harris County, Texas. l'~ ," :. . . . V' . . " .. '~.r.. . "? ~HE S'J'~TE OF TEXAS X X COUN'rY OF HARRIS X X CITY OF LA PORTE X INDUSTRIAL DISTRICT AGREEl4ENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a rnunicipal corporation of Harris County, Texas, hereinafter called "CITY", and National Petro Chemicals Corporation , a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City ComDdssion of the City of La porte, Texas, to adopt such reasonable measures frorn 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 ComDdssion as being in the best interest of the City and its citizens, and WHEREAS, Cornpany is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to-wit: 1. Deed from National Distillers and Chemical Corporation to National Petro Chemicals Corporation dated March 23, 1962, recorded in Volume 4698, page 355 of the Deed Records of Harris County, Texas; 2. Deed from The A-B Chemical Corporation to National Petro Chemicals Corporation dated October 1, 197.0, recorded in Volume 8202, page 370 of the Deed Records of Harris County, Texas; (Revised: 8-72) " , ~ . . J' Industrial District Agreement -"2 . upon which tract(s) Company has either constructed an industrial plant(s) or conternplates the construction of an industrial plant(s)1 and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729 designating a part of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," hereinafter called "District," such Ordinance being in com- 4ItPliance with the provisions of Article I, Section 5 of the Municipal Annexation Act, H.B. 13, Acts of the 58th Legislature of the State of Texas, Regular Session, 19631 and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official rninutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreement of the parties contained herein and pursuant to the authority . granted under the Municipal Annexation Act and the Ordinance of City referred to above, City and Company hereby agree with each other as follows: 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 and retain its extraterri- torial status as an industrial district, at least to the extent that . the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said 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 (Revised: 8-72) ... . . . e , Industrial District Agreement - 3 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 or to be annexed under the provisions of Article II hereof, shall be immune frorn annexation by City during the terrn hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which may be annexed pur- "suant to the later provisions of this Agreement, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumb- ing or inspection code or codes, or (c) atternpting to exercise in any ~rnanner whatever control over the conduct of business thereon1 provided, however, it is agreed that City shall have the right to institute or intervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the sarne extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate lirnits of City. II. Cornpany has filed with City, coincident with the execution hereof, its petition to City to annex 25% of the total value of the land and irnprovements hereinabove described. Upon annexation thereof, Cornpany ~ agrees to render and pay full City ad valorern taxes on such annexed land and irnprovements. In addition, Cornpany shall make "in lieu of taxes" payments to City on the remaining 75% of the value of the land and irnprovernents thereon, in an amount equal to 25% of the amount which would be payable to City "in ad valorem.taxes if said 75% of the hereinabove described property was within the corporate lirnits of City. III. City shall have the right three (3) years after the effective date hereof to review and deterrnine the value of the land and improvements within the area covered by this Agreement which are then within the corporate lirnits of City (the annexed area) and the value of the land ~ and improvernents within the area covered by this Agreement which are not within the corporate limits of City (the unannexed area). If at (Hevised: 8-72) ". ~ . . e Industrial District Agreement - 4 the tirne of such review the value of Cornpany's land and irnprovements . within the annexed area is less than 25% of the total value of Cornpany's land and irnprovements in both the annexed and unannexed areas, City shall have the right to require Cornpany to pay to City annually begin- ning with the following year and continuing thereafter during the remaining terrn of this Agreernent, and in that event Cornpany agrees to pay,an additional arnount "in lieu of taxes" on Cornpany's land and irnprovew~nts in the unannexed area to the end that Company's payment of taxes on the annexed area combined with its payment of "in lieu of taxes" on the unannexed area will equal 43.75% of the arnount of ad valorern taxes which would be payable to City by Cornpany if all of . the hereinabove described property had been within the corporate limits of City at the time of such deterrnination and review. The value deterrninations shall be rnade in accordance with the procedure for other determinations of value hereunder. IV. Cornpany rnay count and include any portion of its land heretofore included within the corporate lirnits of City, which is within the above-described property, in the deterrnination of the 25% of the total value of the land within, and irnprovernents on, its above-described property, for annexation purposes under the foregoing provisions of this Agreernent. . V. This Agreernent shall extend for a period beginning on the 1st day of January, 1973, and continue thereafter until December 31, 1979, unless extended for an additional period or periods of time upon mutual consent of Cornpany 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, of the final calendar year of the terrn hereof, the agreernent of City not to annex property of Cornpany within the District shall terrninate. In that event, City shall have the right to commence imme- ~ diate annexation proceedings as to all of Cornpany's property covered by this Agreernent, notwithstanding any of the terrns and provisions of (Revised: 8-72) ~~ " . . - Industrial District Agreernent - 5 this agreernent, and in such event Cornpany agrees that if the Texas 4IIt Municipal Annexation Act, Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which irnposes greater restrictions on the right of City to annex land belonging to Cornpany or irnposes further obligations on City in connection therewith after the annexation of such land, Cornpany will waive the right to require City to cornply with any such additional restrictions or obligations and the rights of the parties shall be then deterrnined in accordance with the provisions of said Texas Municipal Annexation Act as the sarne exists on the date of execution of this Agreernent. This Agreement rnay be extended for an additional period or . periods by agreernent between City and Cornpany andlor its assigns even though it is not extended by agreernent between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreernents of the kind made herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Commissions to enter into future industrial district agreernents and to extend for additional periods perrnitted by law this Industrial District Agreernent upon request of Cornpany or its assigns; provided, however, that nothing . herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreernent. VI. Cornpany agrees to pay all ad valorern taxes, and all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the term hereof. It is agreed that presently the ratio of ad valorern tax assessrnent used by City is eighty per cent (SO%) of the fair rnarket value of property. Any change in such ratio used by City shall be reflected in any subsequent cornputations hereunder. This ~greernent shall be subject to all provisions of law relating to deterrnination of value of land and irnprovements for tax purposes . (e.g., rendition, assessrnent, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and deterrnining the arnount of (Revised: 8-72) .' , . . . --. e . Industrial District Agreernent - 6 ad valorern tax payrnents, and the arnount of "in lieu of tax" payments hereunder. VII. In the event Cornpany elects to protest the valuation set on its said properties by City for any year or years during the terrns hereof, nothing in this Agreernent shall preclude such protest and Cornpany shall have the right to take all legal steps desired by it to reduce the sarne. Notwithstanding such protest by Cornpany, Cornpany agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total arnount of ad valorern taxes on the annexed portions, plus (b) the total arnount of the "in lieu of taxes" on the unannexed portions of Cornpany's hereinabove-described property which would be due by Cornpany to City in accordance with the foregoing pro- visions of this Agreernent on the basis of renditions which shall be timely filed by Cornpany with City's Tax Assessor-Collector for that year. When the City tax valuation on said property of Cornpany has been finally deterrnined, either as the result of final judgrnent of a court of cornpetent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Cornpany shall rnake payment to City of any additional payrnent due hereunder based on such final valuation. VIII. City shall be entitled to a tax lien on Cornpany's above-described property, and all irnprovernents thereon, in the event of default in payrnent of "in lieu of taxes" payrnents hereunder, \'lhich 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. 'IX. Cornpany agrees to provide to City at Cornpany's expense, a survey plat and field note description of the land and irnprovemen~ which Cornpany petitions to be annexed in accordance with the provisions of 4It Article II above. Such annexation tract shall be contiguous to a point on the existing corporate lirnits of La Porte. In the event (H.evised: 8-72) . J' . . -. . . Industrial District Agreernent - 7 of failure of Cornpany to file either such petition, or such descrip- tion, City shall have the right by notice in writing to Cornpany to cancel and terrninate this Agreement. X. This Agreernent shall inure to the benefit of and be binding upon City and Cornpany, and upon Company's successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Cornpany sells, assigns, or in any other rnanner 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 agreernents herein contained shall be held to be covenants running with the land owned by . Cornpany situated within said territory, for so long as this Agreernent or any extension thereof rernains in force. . . XI. If City enters into an Agreernent with any other landowner with respect to an industrial district or enters into a r~ewal of any existing industrial district agreernents after the effective date hereof and while this Agreement is in effect, which contains terrns and provisions rnore favorable to the landowner than those in this Agreement, Cornpany and its assigns shall have the right to amend this Agreernent and City agrees to arnend sarne to embrace the rnore favorable terms of such agreement or renewal agreement. ENTERED INTO this 31st day of NATIONAL CO (COMPANY..)__. _ ___ . /.' CITY OF LA PORTE BY,",tt. Z~ ~ ayor (Revised: 8-72) . ., . . . . ..~ . , . . . Industrial District Agreement - 8 . ~~s~ Cl.ty Comml.ssl.oner ~~~ C1ty Comml.ssl.on FORM: KNOX 'G . ASKINS, 122 S. Broadway P.O. Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 .....-.. '...... .... .... ~....:o'.... .....- ._....,.......... ...~.~I:I...;.....~ .......................,.. . ...,..........._""'..".......c:rtICo~..IlQ''''........~..-.:r&............~... I-.~~t..:.~.:=.;'"":;:.._~~_..:~._~. 'l'"-~.';. . ...;.:......! ".. ~ ".... I. "N1lTIONAL PETRO C.ICALS CORPo.RATION - FIEI,.OTES - Pa/2:e ~: -~ ".' . . . . .. Thence, N 87~ 02' E, along U. S. Industrial Chemicals Co. plant qoordinate, North 1978.67, a distance of 211.21 feet to a point for corner in the present City Limits .', lirip of the City of La Port~; said point being at U. S. Industrial Chemicals plant coordinates, North 1978.67 ~ and East 1852.21; Thence, S 020 58' E, along the present City Limits line of the City of La Porte and U. S. Industrial Chemicals Co. plant coordinate, East 1852.21, a distance of 1 foot to the PLACE OF BBqINNING. Field notes prepared from m?p" information. ;ddL~ H. Carlos Dmith Texas Registered Public Surveyor No. 1228 . ." .".... '\ .0 . . '. _n__ _______. ~. -...--- . - ..- ---. .. .- ; ...- ,".. . -- ,,1& .'" .. -FIELD NOTE DESCRIPTION . ANNEXATION AREA NATIONAL PETRO CHEMICALS CORPORATION " LA PORTE ~ TEXAS -. . "\ Being a tract of land out of the National Petro Chemicals Corp. 24.99 acre tract and the A-B Cpemical Co. 113.38 acre tract out of the Arthur McCormick Survey, A-46, Harris County, Texas, said tract being more part- icularly described as follows: BEGINNING at a point in the present City Limits line of the City of La Porte, said point being 90 feet West of the West right-of-way line of Miller Cut Off Road and 1,977.67 feet, mo~e or less, North of the North boundary line of the Enoch Brinson Survey, A-5, Harris County,' Texas, said point being at U. S. Industrial Chemicals Co. plant coordinates, Nor~h 1977.67 and East 1852.21; Thence, S 870 02' ~, along U. S. Industrial Che~~cals Co. plant coord~nate, N 1977067, a distance of 90.2~.feet to a point for corner, said point being at U. S. Industrial"' Chemicals Co. plant coordiantes, North 19~7.67 and East 1762; . Thence, S 020" 58' E, alo~g U. S. Industrial Chemicals Co. plant coordiante, .East 1762, a distance of 279.67 feet to a point for corner, said point being at U. S. Industrial Chemicals Co. plant coordinates, North 1698 and East 17()2; Thence, S 870 02' W, along U. S. Industrial Chemicals Co. plant coordinate, No~th 1698, a distance of 121 feet to a point for corner, said point being at U. S. Industrial Chemicals plant coordinates, North 1698 and East 1641; Thence, S 020 58' E, along U. S. Industrial Chemicals plant coordinate, East 1641, a distance of 25 feet to a point for corner, said point being at U. S. Industrial Chemicals plant coordiantes, North 1673 and East 1641; Thence, S 870 02' W, along U. S. Industrial Chemicals Co. plant coordinate, North 1673, a di~tance of 165 feet to a point for corner, said point being at U. S. Industrial Chemicals plant coordinates, North 1673 and East 1476; Thence, N 020 58' W, along U. S. Industrial Chemicals Co. plant coordinate, East 1476, a distanc~ of 59 feet to a point for 'corner, said point being at U. B. Industrial Chemicals plant coordinates, North 1732 and East 1476; thence, N 870 02' .E, plong U. S. Industrial Chemicals Co. plant coordinate, North 1732, a distance of 165 feet t..) a point for corner, said point being at ~. S.. Industrial Chemicals plant coordinates, North 1732 and Sast 1641; ThHDce, N 020 58' .'vl, along U. S. Industrial Chemicals , Co. plant coordinate, East 1641, a dis"tance of 2t~6 .67 '" . feet to a point for-corner, said point being at U. s. .... Industrial " Chemicals plant coordinates~ North 1978067 and East 1641; t. . . ""'" . THE S'J'~TE OF TEXAS X X COUN'rY OF HARRIS X X . CITY OF LA PORTE X INDUSTRIAL DISTRICT AGREE1~NT 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 CELANESE CORPORATION , a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: That . WHEREAS, it is the established policy of the City Commdssion 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 Comndssion as being in the best interest of the City and its citizens: and WHEREAS, Cornpany is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to-wit: . All that ,certain land" des"cribed in a deed ,to Company "from Phi11ips Petroleum Company dated April 5, "1956," recorded in Volume "3133," pages 3"61 etseq. of the" Deed Records of Ha"rris' County, Texas. . (Revised: 8-72) .... . e 0" Industrial District Agreement - 2 . upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s)1 and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729 designating a part of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," hereinafter called "District," such Ordinance being in com- ePliance with the provisions of Article I, Section 5 of the Municipal Annexation Act, H.B. 13, Acts of the 58th Legislature of the State of Texas, Regular Session, 19631 and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreement of the parties contained herein and pursuant to the authority . granted under the Municipal Annexation Act and the Ordinance of City referred to above, City and Company hereby agree with each other as follows: 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 and retain its extraterri- torialstatus as an industrial distri~~, ~~ least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said 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 (Revised: 8-72) J' . e ,.1 . Industrial District Agreement - 3 and guararitee that such industrial district, to the extent that it . covers saiQ. land lying within said District and not now within the corporate lirnits of City or to be annexed under the provisions of Article II hereof, shall be immune frorn annexation by City during the terrn hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which rnay be annexed pur- suant to the later provisions of this Agreernent, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumb- ing or inspection code or codes, or (c) atternpting to exercise in any .manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or i:l'tervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the same extent and to the same intent and effect as if all land covered by this Agreernent were located within the corporate lirnits of City. II. Comp~,y has filed with City, coincident with the execution hereof, its petition to City to annex 25% of the total value of the land and irnprovements hereinabove described. Upon annexation thereof, Company agrees to render and pay full City ad valorern taxes on such annexed .land and irnprovernents. In addition, Cornpany shall rnake "in lieu of taxes" payrnents to City on the remaining 75% of the value of the land and irnprovernents thereon, in an arnount equal to 25% of the amount \/hich would be payable to City,in ad valorom.taxes if said 75% of the hereinabove described property was within the corporate lirnits of City. III. City shall have the right three (3) years after the effective date hereof to review and deterrnine the value of the land and improvements within the area covered by this Agreement which are then within the corporate lirnits of City (the annexed area) and the value of the land 4Itand irnprovernents within the area covered by this Agreement which are not within the corporate lirnits of City (the unannexed area). If at (Revised: 8-72) " . . . . } . . e Industrial District Agreernent - 4 the tirne of such review the value of Cornpany's land and irnprovements within the annexed area is less than 25% of the total value of Cornpany's land and irnprovements in both the annexed and unannexed areas, City shall have the right to require Cornpany to pay to City annually begin- ning with the following year and continuing thereafter during the rernaining terrn of this Agreernent, and in that event Company agrees to pay,an additional arnount "in lieu of taxes" on Cornpany's land and irnprovew~nts in the unannexed area to the end that Company's payment of taxes on the annexed area combined with its payrnent of "in lieu of taxes" on the unannexed area will equal 43.75% of the arnount of ad valorern taxes which would be payable to City by Cornpany if all of the hereinabove described property had been within the corporate lirnits of City at the time of such deterrnination and review. The value neterminations shall be made in accordance with the procedure for other determinations of value hereunder. IV. Cornpany rnay count and include any portion of its land heretofore included within the corporate lirnits of City, which is within the above-described property, in the deterrnination of the 25% of the total value of the land within, and irnprovernents on, its above-described property, for annexation purposes under the foregoing provisions of this Agreement. V. This Agreement shall extend for a period beginning on the 1st day of January, 1973, and continue thereafter until December 31, 1979, unless extended for an additional period or periods of time upon mutual consent of Cornpany 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, of the final calendar year of the term hereof, the agreement of City not to annex property of Cornpany within the District shall terrninate. In that event, City shall have the right to commence imme- diate annexation proceedings as to all of Cornpany's property covered by this Agreernent, notwithstanding any of the terrns and provisions of (Revised: 8-72) : . . . . " . . Industrial District Agreernent - 5 this agreernent, and in such event Cornpany agrees that if the Texas ~ Municipal Annexation Act, Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Cornpany or irnposes further obligations on City in connection therewith after the annexation of such land, Cornpany will waive the right to require City to cornply with any such additional restrictions or obligations and the rights of the parties shall be then deterrnined in accordance with the provisions of said Texas Municipal Annexation Act as the sarne exists on the date of execution of this Agreernent. This Agreement rnay be extended for an additional period or . periods by agreernent between City and Cornpany andlor its assigns even though it is not extended by agreernent between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreernents of the kind rnade herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Commissions to enter into future industrial district agreernents and to extend for additional periods perrnitted by law this Industrial District Agreernent upon request of Cornpany or its assigns; provided, however, that nothing . herein contained shall be deerned to obligate either party hereto to agree to an extension of this Agreernent. VI. Cornpany agrees to pay all ad valorern taxes, and all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the terrn hereof. It is agreed that presently the ratio of ad valorern tax assessrnent used by City is eighty per cent (80%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent-cornputations hereunder. This Agreernent shall be subject to all provisions of law relating to . deterrnination of value of land and irnprovements for tax purposes (e.g., rendition, assessrnent, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and deterrnining the amount of (~evised: 8-72) ~ 1, . . . Industrial Uistrict Agreernent - 6 ad valorern tax payments, and the arnount of "in lieu of tax" payrnents . hereunder. VII. In the event Cornpany elects to protest the valuation set on its said properties by City for any year or years during the terrns hereof, nothing in this Agreernent shall preclude such protest and Cornpany shall have the right to take all legal steps desired by it to reduce the sarne. Notwithstanding such protest by Cornpany, Cornpany agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total arnount of ad valorern taxes on the annexed portions, plus (b) the total arnount of the lIin lieu of taxes" on the . unannexed portions of Cornpany's hereinabove-described property which would be due by Cornpany to City in accordance with the foregoing pro- visions of this Agreernent on the basis of renditions which shall be tirnely filed by Cornpany with City's Tax Assessor-Collector for that year. When the City tax valuation on said property of Cornpany has been finally deterrnined, either as the result of final judgrnent of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Cornpany shall rnake payment to City of any additional payrnent due hereunder based on such final valuation. . VIII. City shall be entitled to a tax lien on Cornpany's above-described property, and all irnprovernents thereon, in the event of default in payrnent of "in lieu of taxes" payrnents 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. IX. Cornpany agrees to provide to City at Cornpany's expense, a survey plat and field note description of the land and irnprovernen~ which Cornpany petitions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to . a point on the existing corporate lirnits of La Porte. In the event (Revised: 8-72) '. .r. . . .- e . Industrial District Agreernent - 7 . of failure of Cornpany to file either such petition, or such descrip- tion, City shall have the right by notice in writing to Cornpany to cancel and terrninate this Agreernent. X. This Agreernent shall inure to the benefit of and be binding upon City and Cornpany, and upon company's successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Cornpany sells, assigns, or in any other rnanner 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 4It Cornpany situated within said territory, for so long as this Agreernent or any extension thereof rernains in force. XI. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a r~ewal of any existing industrial district agreernents after the effective date hereof and while this Agreement is in effect, which contains terrns and provisions rnore favorable to the landowner than those in this Agreement, Cornpany and its assigns shall have the right to arnend this Agreernent and City agrees to arnend same to embrace the rnore favorable . terrns of such agreernent or renewal agreernent. ENTERED INTO this 31st day of August, 1972. C&LAN~IOtl Vice presl.dent ( COMPANY) By ;::....; ::t:IiO~~ t-layor " .9 :1-':; -it' - . A ~TT~~T: ,-'.p./.. ~~.~~ Ci Clerk" (Revised: 8-72) . ,- ~ 'i a. t . . . . . ... . . Industrial District Agreement - 8 ~~ Cl.ty Comml. Sl.oner ~~~~ Cl.ty ,COmml.SSl.Oner - -~- Cl.ty Commiss10ner ~ ~ KN X W. ASK S, 122 S. Broadway P.O. Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 '. /- '. ' . . .. ,. THE ST~TE OF TEXAS X X COUN'rY OF HARRIS X X CITY OF LA PORTE X . INDUSTRIAL DISTRICT AGREEl4ENT 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 Houston Lighting.& Power Company , a Texas corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Commission of the City of La Porte, Texas, to adopt such reasonable measures frorn . 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 Commdssion as being in the best interest of the City and its citizens: and WHEREAS, company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the fol~owing Volume and Page references, to-wit: . 572/59.1., 812/36, 1887/73, 1928/380, 383; 1981/528, 2260/65, 2419/524, 2425/686, 2440/455; 2447/478, 2609/623,625,628; 2624/530, 2643/145, 2643/148, 2643/151, 2680/573, 2682/72, 2751/623, 3431/241, 3620/536, 4278/264, originally contain- ing a total of 835.5780 acres of land, but from which 67.1662 acres, out of the Arthur McCormick Survey, was con- veyed to Humble Pipe Line Company by deed dated July 1, 1966, . (Revised: 8-72) ~. .~ . . ... Industrial District Agreement - 2 . upon which tract(s) Company has either constructed an industrial plant(s) or conternplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729 designating a part of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," hereinafter called "District," such Ordinance being in com- . pliance with the provisions of Article I, Section 5 of the Municipal Annexation Act, H.B. 13, Acts of the 58th LegiSlature of the State of Texas, Regular Session, 1963; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreement of the parties contained herein and pursuant to the authority . granted under the Municipal Annexation Act and the Ordinance of City referred to above, City and Cornpany hereby agree with each other as follows: 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 and retain its extraterri- torial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district rnay be changed pursuant 4IIt to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreernent, City does further covenant, agree (Revised: 8-72) . -4 . e Industrial District Agreernent - 3 and guararitee that such industrial district, to the extent that it .covers saiq land lying within said District and not now within the corporate limits of City or to be annexed under the provisions of Article II hereof, shall be immune frorn annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which rnay be annexed pur- suant to the later provisions of this Agreernent, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumb- ing or inspection code or codes, or (c) attempting to exercise in any 4Itmanner whatever control over the conduct of business thereon; provided, '- " however, it is agreed that City shall have the right to institute or intervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the same extent and to the same intent and effect as if all land covered by this Agreernent were located within the corporate lirnits of City. II. Cornpany has filed with City, coincident with the execution hereof, its petition to City to annex 25% of the total value of the land and irnprovements hereinabove described. Upon annexation thereof, Cornpany agrees to render and pay full City ad valorern taxes on such annexed . land and improvements. In addition, Cornpany shall make "in lieu of taxes" payments to City on the remaining 75% of the value of the land and irnprovernents thereon, in an amount equal to 25% of the amount which would be payable to City "in ad valorem.taxes if said 75% of the hereinabove described property was within the corporate limits of City. III. City shall have the right three (3) years after the effective date hereof to review and deterrnine the value of the land and irnprovements within the area covered by this Agreernent which are then within the corporate lirnits of City (the annexed area) and the value of the land .and irnprovernents within the area covered by this Agreement which are not within the corporate lirnits of City (the unannexed area). If at (Hevised: 8-72) ... c . . e e Industrial District Agreement - 4 the time of such review the value of Cornpany's land and irnprovements . within the annexed area is less than 25% of the total value of Cornpany's land and irnprovernents in both the annexed and unannexed areas, City . . . shall have the right to require Cornpany to pay to City annually begin- ning with the following year and continuing thereafter during the rernaining terrn of this Agreernent, and in that event Cornpany agrees to pay,an additional arnount "in lieu of taxes" on Cornpany's land and irnprovew~nts in the unannexed area to the end that Cornpany's payment of taxes on the annexed area combined with its payrnent of "in lieu of taxes" on the unannexed area will equal 43.75% of the arnount of ad valorem taxes which would be payable to City by Cornpany if all of the hereinabove described property had been within the corporate lirnits of City at the tirne of such deterrnination and review. The value deterrninations shall be made in accordance with the procedure for other determinations of value hereunder. IV. Cornpany rnay count and include any portion of its land heretofore included within the corporate lirnits of City, which is within the above-described property, in the deterrnination of the 25% of the total value of the land within, and irnprovernents on, its above-described property, for annexation purposes under the foregoing provisions of this Agreernent. V. This Agreement shall extend for a period beginning on the 1st day of January, 1973, and continue thereafter until December 31, 1979, unless extended for an additional period or periods of time upon mutual consent of Cornpany 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, of the final calendar year of the terrn hereof, the agreement of City not to annex property of Cornpany within the District shall terrninate. In that event, City shall have the right to commence imme- diate annexation proceedings as to all of Cornpany's property covered by this Agreement, notwithstanding any of the terrns and provisions of (Revised: 8-72) ~ , 4 e e , Industrial District Agreernent - 5 this agreernent, and in such event Cornpany agrees that if the Texas . Municipal Annexation Act, Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which irnposes greater restrictions on the right of City to annex land belonging to Cornpany or imposes further obligations on City in connection therewith after the annexation of such land, Cornpany will waive the right to require City to cornply with any such additional restrictions or obligations and the rights of the parties shall be then deterrnined in accordance with the provisions of said Texas Municipal Annexation Act as the sarne exists on the date of execution of this Agreernent. This Agreement rnay be extended for an additional period or . periods by agreernent between City and Cornpany andlor its assigns even though it is net extended by agreernent between City and all of the owners of all land within the District of which it is a part. In this ~en~ection, City hereby expresses its belief that industrial district agreernents of the kind made herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Commissions to enter into future industrial district agreernents and to extend for additional periods perrnitted by law this Industrial District Agreement upon request of Cornpany or its assigns; provided, however, that nothing herein contained shall be deerned to obligate either party hereto to . agree to an extension of this Agreernent. VI. Cornpany agrees to pay all ad valorern taxes, and all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the terrn hereof. It is agreed that presently the ratio of ad valorern tax assessrnent used by City is eighty per cent (80%) of the fair rnarket value of property. Any change in such ratio used by City shall be reflected in any subsequent cornputations hereunder. This ~greernent shall be subject to all provisions of law relating to . deterrnination of value of land and irnprovernents for tax purposes (e.g., rendition, assessrnent, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and deterrnining the arnount of (rtevised: 8-72) 0(.. ., e e .. Industrial District Agreernent - 6 ad valorern tax payrnents, and the arnount of "in lieu of tax" payrnents . hereunder. VII. In the event Cornpany elects to protest the valuation set on its said properties by City for any year or years during the terrns hereof, nothing in this Agreernent shall preclude such protest and Cornpany shall have the right to take all legal steps desired by it to reduce the sarne. Notwithstanding such protest by Cornpany, Cornpany agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorern taxes on the annexed portions, plus (b) the total arnount of the "in lieu of taxes" on the . unannexed portions of Cornpany's hereinabove-described property which would be due by Cornpany to City in accordance with the foregoing pro- visions of this Agreernent on the basis of renditions which shall be tirnely filed by Cornpany with City's Tax Assessor-Collector for that year. When the City tax valuation on said property of Cornpany has been finally deterrnined, either as the result of final judgrnent of a court of cornpetent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Cornpany shall rnake payment to City of any additional payrnent due hereunder based on such final valuation. VIII. . City shall be entitled to a tax lien on Cornpany's above-described property, and all irnprovernents thereon, in the event of default in payrnent of "in lieu of taxes" payrnents 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. IX. Cornpany agrees to provide to City at Cornpany's expense, a survey plat and field note description of the land and irnprovernentp which Cornpany petitions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to . a point on the existing corporate limits of La Porte. In the event (Revised: 8-72) .. \ .... ". e e 'l Industrial District Agreernent - 7 of failure of Cornpany to file either such petition, or such descrip- . tion, City shall have the right by notice in writing to Company to cancel and terrninate this Agreement. X. This Agreernent shall inure to the benefit of and be binding upon City and Cornpany, and upon Cornpany's successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Cornpany sells, assigns, or in any other rnanner 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 . Cornpany situated within said territory, for so long as this Agreernent or any extension thereof rernains in force. XI. If City enters into an Agreernent with any other landowner with respect to an industrial district or enters into a r~ewal of any existing industrial district agreernents after the effective date hereof and while this Agreement is in effect, which contains terms and provisions rnore favorable to the landowner than those in this Agreement, Cornpany and its assigns shall have the right to arn~nd this Agreernent and City agrees to arnend same to embrace the rnore favorable . terrns of such agreement or renewal agreement. ENTERED INTO this 31st day of August, 1972. By . .:J '\..:-. CITY OF LA PORTE ..... -::P '... ..~ By l: t/". W~ ,..., J: yo '. . ':' (Revised: 8-72) '," ool; " - . ~ r.. . . . . . . Industrial District Agreement - 8 ~I\~ Cl.ty CO l.SSl.Q r ~~~ Cl.t~ Comml.ssl.oner ,.. . . ,. . . ." THE S'J'ATE OF TEXAS X X COUN'rY OF HARRIS X X CITY OF LA PORTE X . INDUSTRIAL DISTRICT AGREEl4ENT 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 PHILLIPS PErROLEUM COMPANY 1 , a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Comadssion 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 industrie5 therein, and such policy is hereby reaffirmed and adopted by this City ComDdssion as being in the best interest of the City and its citizens: and WHEREAS, Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to-wit: . Deeds dated April 4~ 1956~ recorded in Volume 3132~ Page 541~ and dated }By 12~ 1959~ recorded in Volume 3700~ Page 487 of the Deed Records of Harris County~ Texas~ to which reference is here made~ a portion of which land is annexed to the City by City'S Ordinances Nos. 637 and 700~ to which reference is here made, and a portion of which land lies within the District ~ and less and except certain tracts conveyed to others. . (Revised: 8-72) .. . . :\. , "\ Industrial District Agreement - 2 . upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s)1 and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729 designating a part of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," hereinafter called "District, II such Ordinance being in com- . pliance with the provisions of Article I, Section 5 of the Municipal Annexation Act, H.B. 13, Acts of the 58th Legislature of the State o.f Texas, Regular Session, 19631 and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreement of the parties contained herein and pursuant to the authority . granted under the Municipal Annexation Act and the Ordinance of City referred to above, City and Company hereby agree with each other as follows: 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 and retain its extraterri- torial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant tit to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree (Revised: 8-72) , . . Industrial District Agreernent - 3 and guararitee 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 or to be annexed under the provisions of Article II hereof, shall be immune frorn annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which may be annexed pur- suant to the later provisions of this Agreement, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumb- ing or inspection code or codes, or (c) attempting to exercise in any .manner whatever control over the conduct of business thereon: provided, however, it is agreed that City shall have the right to institute or intervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the same extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate lirnits of City. II. Cornpany has filed with City, coincident with the execution hereof, its petition to City to annex 25% of the total value of the land and irnprovements hereinabove described. Upon annexation thereof, Cornpany agrees to render and pay full City ad valorern taxes on such annexed ~land and irnprovements. In addition, Company shall make "in lieu of taxes" payments to City on the remaining 75% of the value of the land and irnprovements thereon, in an amount equal to 25% of the amount which would be payable to City.in ad valorem.taxes if said 75% of the hereinabove described property was within the corporate limits of City. III. City shall have the right three (3) years after the effective date hereof to review and deterrnine the value of the land and improvements within the area covered by this Agreement which are then within the corporate lirnits of City (the annexed area) and the value of the land . and irnprovements within the area covered by this Agreement which are not within the corporate limits of City (the unannexed area). If at (Hevised: 8-72) I e e Industrial District Agreement - 4 the time of such review the value of Cornpany's land and improvements ~ within the annexed area is less than 25% of the total value of Cornpany's land and improvements in both the annexed and unannexed areas, City shall have the right to require Cornpany to pay to City annually begin- ning with the following year and continuing thereafter during the rernaining terrn of this Agreement, and in that event Cornpany agrees to pay an additional arnount "in lieu of taxes" on Company's land and irnprovew~nts in the unannexed area to the end that Company's payment of taxes on the annexed area combined with its payment of "in lieu of taxes" on the unannexed area will equal 43.75% of the arnount of ad valorern taxes which would be payable to City by Cornpany if all of the hereinabove described property had been within the corporate limitn . of City at the time of such deterrnination and review. The value deterrninations shall be made in accordance with the procedure for other determinations of value hereunder. IV. Cornpany may count and include any portion of its land heretofore included within the corporate lirnits of City, which is within the above-described property, in the deterrnination of the 25% of the total value of the land within, and irnprovernents on, its above-described property, for annexation purposes under the foregoing provisions of this Agreement. . V. This Agreement shall extend for a period beginning on the 1st day of January, 1973, and continue thereafter until December 31, 1979, unless extended for an additional period or periods of time upon mutual consent of Cornpany 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, of the final calendar year of the term hereof, the agreement . of City not to annex property of Cornpany within the District shall terrninate. In that event, City shall have the right to commence imme- diate annexation proceedings as to all of Cornpany's property covered by this Agreement, notwithstanding any of the terrns and provisions of (Revised: 8-72) , . e e ~~ Industrial District Agreernent - 5 this agreernent, and in such event Cornpany agrees that if the Texas ~MuniciPal Annexation Act, Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which irnposes greater restrictions on the right of City to annex land belonging to Cornpany or irnposes further obligations on City in connection therewith after the annexation of such land, Cornpany will waive the right to require City to cornply 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 sarne exists on the date of execution of this Agreernent. This Agreement rnay be extended for an additional period or periods by agreernent between City and Cornpany andlor its assigns even . though it is not extended by agreernent between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreements of the kind rnade herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Commissions to enter into future industrial district agreernents and to extend for additional periods perrnitted by law this Industrial District Agreernent upon request of Cornpany or its assigns~ provided, however, that nothing herein contained shall be deemed to obligate either party hereto to ~ agree to an extension of this Agreernent. VI. Cornpany agrees to pay all ad valorern taxes, and all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the terrn hereof. It is agreed that presently the ratio of ad valorern tax assessrnent used by City is eighty per cent (80%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent cornputations hereunder. This 2greernent shall be subject to all provisions of law relating to . deterrnination of value of land and improvements for tax purposes (e.g., rendition, assessment, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and deterrnining the arnount of (Revised: 8-72) . ~ e e . . Industrial District Agreernent - 6 ad valorern tax payrnents, and the arnount of "in lieu of tax" payrnents . hereunder. . '. . VII. In the event Cornpany elects to protest the valuation set on its said properties by City for any year or years during the terrns hereof, nothing in this Agreernent shall preclude such protest and Cornpany shall have the right to take all legal steps desired by it to reduce the sarne. Notwithstanding such protest by Cornpany, Cornpany agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total arnount of ad valorern taxes on the annexed portions, plus (b) the total arnount of the lIin lieu of taxes" on the unannexed portions of Cornpany's hereinabove-described property which would be due by Cornpany to City in accordance with the foregoing pro- visions of this Agreernent on the basis of renditions which shall be tirnely filed by Cornpany with City's Tax Assessor-Collector for that year. When the City tax valuation on said property of Cornpany has been finally deterrnined, 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 Cornpany shall rnake payment to City of any additional payment due hereunder based on such final valuation. VIII. City shall be entitled to a tax lien on Cornpany's above-described property, and all irnprovernents thereon, in the event of default in payrnent of "in lieu of taxes" payrnents hereunder, \-lhich 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. IX. Cornpany agrees to provide to City at Cornpany's expense, a survey plat and field note description of the land and irnprovernen~ which Cornpany petitions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to a point on the existing corporate lirnits of La Porte. In the event (Revised: 8-72) I . e " .~. . f Industrial District Agreernent - 7 of failure of Cornpany to file either such petition, or such descrip- . tion, City shall have the right by notice in writing to Company to cancel and terrninate this Agreement. X. This Agreernent shall inure to the benefit of and be binding upon City and Cornpany, and upon Company's successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other rnanner 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 Agreernent . or any extension thereof rernains in force. XI. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a r~ewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terrns and provisions rnore favorable to the landowner than those in this Agreement, Cornpany and its assigns shall have the right to arnend this Agreement and City agrees to arnend same to embrace the rnore favorable terrns of such agreement or renewal agreement. . ENTERED INTO this 31st day of August, 1972. By ~Ji. 'Ynh\(~ ice presi ent (COMPANY) ~/ '0 fl./(f PHILLIPS PEl'ROLEUM QOMPANY ATTEST: ;;t)~~ Secretary' -. 1,".:. . ............. .-!"J CITY OF LA PO~ By ~ tl. l\layor ~~ .......~ .~. ",-.,...... . ~ ~I-"'.- .- " .."'!" ..- (Revised: 8-72) '. ..f., .. " . . . . -' . . , ". Industrial District Agreernent - 8 ~~_LJ 1. Y Comml.SSl.on ~~~ J~.~~ Cl.ty Commissl. ner @L4;'~~ FORM.: KNOX ~\I. ASKINS, 122 S. Broadway P.O. Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 " e . 1" ~ THE STATE OF TEXAS X X COUN'rY OF HARRIS X X CITY OF LA PORTE X . INDUSTRIAL DISTRICT AGREEl1ENT 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 SouthV{~...st Chemical & plastics Company , a corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Commdssion of the City of La Porte, Texas, to adopt such reasonable measures frorn ~ 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 Commdssion as being in the best interest of the City and its citizens: and WHEREAS, Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the fol~owing Volume and Page references, to-wit: . Ten (10) acres of land in Lots 21 and 22 of the Strang Subdivision in the Enoch Brinson Survey, Abstract No.5, Harris County, Texas, according to the plat thereof recorded in Volume 75, page 22, of the Harris County Deed Records, being part of the land conveyed by Olive H. Good to E. J. Klein, et a1, by deed dated November 10, 1941, recorded in Volume 1196, page 725, of the Harris County Deed Records - -.--' _.._~ P--..-.. _. -- -. -~-. -.- .. (Revised: 8-72) . . . . , ,. . . Industrial District Agreement - 2 upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s): and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729 designating a part of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas,n hereinafter called "District," such Ordinance being in com- pliance with the provisions of ArtiCle I, Section 5 of the Municipal Annexation Act, H.B. 13, Acts of the 58th Legislature of the State of Texas, Regular Session, 1963: and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreement of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinance of City referred to above, City and Company hereby agree with each other as follows: 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__c"OD.tinue apd retain its extraterri- torial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the st.at.us 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 t.he later provisions of this Agreement, City does further covenant, agree (Revised: 8-72) . . Industrial District Agreement - 3 and guarantee that such industrial district, to the extent that it . covers said land lying within said District and not now within the corporate lirnits of City or to be annexed under the provisions of Article II hereof, shall be immune frorn annexation by City during the terrn hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which may be annexed pur- suant to the later provisions of this Agreement, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumb- ing or inspection code or codes, or (c) atternpting to exercise in any . rnanner whatever control over the conduct of business thereoni provided, however, it is agreed that City shall have the right to institute or intervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the same extent and to the same intent and effect as if all land covered by this Agreernent were located within the corporate lirnits of City. II. Cornpany has filed with City, coincident with the execution hereof, its petition to City to annex 25% of the total value of the land and irnprovements hereinabove described. Upon annexation thereof, Company agrees to render and pay full City ad valorern taxes on such annexed ~ land and irnprovements. In addition, Company shall make "in lieu of taxes" payrnents to City on the remaining 75% of the value of the land and irnprovernents thereon, in an amount equal to 25% of the amount which would be payable to City "in ad valorem.taxes if said 75% of the hereinabove described property was within the corporate limits of City. III. City shall have the right three (3) years after the effective date hereof to review and deterrnine the value of the land and improvements within the area covered by this Agreement which are then within the corporate lirnits of City (the annexed area) and the value of the land . and irnprovernents within the area covered by this Agreement which are not within the corporate limits of City (the unannexed area). If at (Revised: 8-72) . . Industrial District Agreement - 4 the time of such review the value of Company's land and irnprovements . within the annexed area is less than 25% of the total value of Cornpany's land and irnprovements in both the annexed and unannexed areas, City shall have the right to require Cornpany to pay to City annually begin- ning with the following year and continuing thereafter during the remaining terrn of this Agreement, and in that event Cornpany agrees to pay an additional arnount "in lieu of taxes" on Company's land and improvements in the unannexed area to the end that Company's payment of taxes on the annexed area combined with its payrnent of "in lieu of taxes" on the unannexed area will equal 43.75% of the arnount of ad valorem taxes which would be payable to City by Cornpany if all of the hereinabove described property had been within the corporate lirnitn . of City at the time of such determination and review. The value deterrninations shall be made in accordance with the procedure for other determinations of value hereunder. IV. Cornpany may count and include any portion of its land heretofore included within the corporate limits of City, which is within the above-described property, in the deterrnination of the 25% of the total value of the land within, and improvernents on, its above-described property, for annexation purposes under the foregoing provisions of this Agreement. . V. This Agreement shall extend for a period beginning on the 1st day of January, 1973, and continue thereafter until December 31, 1979, unless extended for an additional period or periods of time upon rnutual 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, of the final calendar year of the terrn hereof, the agreernent of City not to annex property of Cornpany within the District shall terrninate. In that event, City shall have the right to commence imme- diate annexation proceedings as to all of Cornpany's property covered by this Agreement, notwithstanding any of the terrns and provisions of (Revised: 8-72) . . ". . . '. e e Industrial District Agreement - 5 this agreernent, and in such event Cornpany agrees that if the Texas Municipal Annexation Act, Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which irnposes greater restrictions on the right of City to annex land belonging to Cornpany or irnposes further obligations on City in connection therewith after the annexation of such land, Cornpany will waive the right to require City to cornply with any such additional restrictions or obligations and the rights of the parties shall be then deterrnined in accordance with the provisions of said Texas Municipal Annexation Act as the sarne exists on the date of execution of this Agreernent. This Agreement rnay be extended for an additional period or periods by agreement between City and Cornpany andlor its assigns even though it is not extended by agreernent between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreernents of the kind rnade herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Commissions to enter into future industrial district agreernents and to extend for additional periods perrnitted by law this Industrial District Agreernent upon request of Cornpany or its assigns; provided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreement. VI. Cornpany agrees to pay all ad valorern taxes, and all "in lleu of taxes" payments hereunder, to City on or before December 31 of each year during the terrn hereof. It is agreed that presently the ratio of ad valorern tax assessrnent used by City is eighty per cent (80%) of the fair market value of property. Any change in such ratio used by City shall be reflected in any subsequent cornputations hereunder. This "~greernent shall be subject to all provisions of law relating to deterrnination of value of land and irnprovements for tax purposes (e.g., rendition, assessrnent, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and deterrnining the arnount of (rtevised: 8-72) . . Industrial District Agreernent - 6 ad valorern tax payrnents, and the arnount of "in lieu of tax" payments . hereunder. . . . VII. In the event Cornpany elects to protest the valuation set on its said properties by City for any year or years during the terrns hereof, nothing in this Agreernent shall preclude such protest and Cornpany shall have the right to take all legal steps desired by it to reduce the sarne. Notwithstanding such protest by Company, Cornpany agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total arnount of ad valorern taxes on the annexed portions, plus (b) the total arnount of the "in lieu of taxes" on the unannexed portions of Cornpany's hereinabove-described property which would be due by Cornpany to City in accordance with the foregoing pro- visions of this Agreernent on the basis of renditions which shall be tirnely filed by Cornpany with City's Tax Assessor-Collector for that year. When the City tax valuation on said property of Cornpany has been finally deterrnined, either as the result of final judgrnent of a court of cornpetent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Cornpany shall rnake payment to City of any additional payrnent due hereunder based on such final valuation. VIII. City shall be entitled to a tax lien on Cornpany's above-described property, and all irnprovernents thereon, in the event of default in payrnent of "in lieu of taxes" payrnents 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. IX. Cornpany agrees to provide to City at Cornpany's expense, a survey plat and field note description of the land and irnprovernentP which Cornpany petitions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to a point on the existing corporate lirnits of La Porte. In the event (Revised: 8-72) 1 ,""., _!;; e . Industrial District Agreernent - 7 of failure of Cornpany to file either such petition, or such descrip- .~ tion, City shall have the right by notice in writing to Cornpany to cancel and terrninate this Agreernent. X. This Agreernent shall inure to the benefit of and be binding upon City and Cornpany, and upon Company's successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Cornpany sells, assigns, or in any other rnanner 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 . Cornpany situated within said territory, for so long as this Agreernent or any extension thereof rernains in force. XI. If City enters into an Agreernent with any other landowner with respect to an industrial district or enters into a r~ewal of any existing industrial district agreernents after the effective date hereof and while this Agreement is in effect, which contains terms and provisions rnore favorable to the landowner than those in this Agreement, Cornpany and its assigns shall have the right to arn~nd this Agreement and City agrees to arnend same to embrace the rnore favorable terrns of such agreement or renewal agreement. . ENTERED INTO this 31st day of August, 1972. Southwest Chemical & Plastics Co. (COIv1PANY) '--::?~4 "d pres~ .......'}., ~~,/ .. ..::?~ - c-;.. '= CITY OF LA PORTE Byk~a.~ "~ t - " ~ . (Revised: 8-72) . .. . . . II ~ ..4. ... . . Industrial District Agreernent - 8 ~-' Cl.ty Co l.SSl.on t?L~.s4~ Comml.SSl.oner KN ~. ASK NS, 122 S. Broadway P.O. Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 ..' .. ~,' . e e ':L r ~ THE ST~TE OF TEXAS X X COUN'rY OF HARRIS X X CITY OF LA PORTE X . INDUSTRIAL DISTRICT AGREEl4ENT 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 DIAMOND S~MROCK GORPORATION , a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Commdssion 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 Commdssion as being in the best interest of the City and its citizens: and WHEREAS, Cornpany is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the fol~owing Volume and Page references, to-wit: Deed dated August 1, 1967, recorded in Volume 6866, Page 303; . Deed dated September 30, 1970, recorded in Volume 8175, Page 159; and Deed dated May 30, 1972, Film Reference 145-26-2538. . (Revised: 8-72) . , !' . e . . Industrial District Agreement - 2 . upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729 designating a part of the area located in its extraterritorial. jurisdiction as the "Battleground Industrial District of La Porte, Texas," hereinafter called "District," such Ordinance being in com- . pliance with the provisions of Article I, Section 5 of the Municipal Annexation Act, H.B. 13, Acts of the 58th Legislature of the State of Texas, Regular Session, 1963; and . WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreement of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinance of City referred to above, City and Company hereby agree with each other as follows: I. City covenants, agrees and guarantees that during the terrn of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue and retain its extraterri- torial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant 4IIJ to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree (Revised: 8-72) . ~ . e Industrial District Agreernent - 3 and guararitee that such industrial district, to the extent that it .covers saiq land lying within said District and not now within the corporate limits of City or to be annexed under the provisions of Article II hereof, shall be immune frorn annexation by City during the terrn hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which may be annexed pur- suant to the later provisions of this Agreernent, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumb- ing or inspection code or codes, or (c) atternpting to exercise in any ~~nner whatever control over the conduct of business thereon; provided, ~}~owever, it is agreed that City shall have the right to institute or i.ntervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the sarne extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate lirnits of City. II. Cornpany has filed with City, coincident with the execution hereof, its petition to City to annex 25% of the total value of the land and improvernents hereinabove described. Upon annexation thereof, Company agrees to render and pay full City ad valorern taxes on such annexed 4Itland and irnprovernents. In addition, Cornpany shall make "in lieu of taxes" payrnents to City on the remaining 75% of the value of the land and irnprovernents thereon, in an arnount equal to 25% of the amount which would be payable to City "in ad valor~m.taxes if said 75% of the hereinabove described property was within the corporate lirnits of City. III. City shall have the right three (3) years after the effective date hereof to review and deterrnine the value of the land and irnprovements within the area covered by this Agreement which are then within the corporate lirnits of City (the annexed area) and the value of the land and improvernents within the area covered by this Agreement which are 4IIbot within the corporate limits of City (the unannexed area). If at (Revised: 8-72) " , . . . . .. <i: . . Industrial District Agreement - 4 the tirne of such review the value of Cornpany's land and irnprovements within the annexed area is less than 25% of the total value of Cornpany's land and irnprovements in both the annexed and unannexed areas, City shall have the right to require Company to pay to City annually begin- ning with the following year and continuing thereafter during the ".. remaining terrn of this Agreement, and in that event Company agrees to pay an additional arnount "in lieu of taxes" on Company's land and irnprovernents in the unannexed area to the end that Company's payment of taxes on the annexed area combined with its payment of "in lieu of taxes" on the unannexed area will equal 43."75% of the amount of ad valorern taxes which would be payable to City by Cornpany if all of the hereinabove described property had been within the corporate limits of City at the time of such deterrnination and review. The value deterrninations shall be rnade in accordance with the procedure for other determinations of value hereunder. IV. Cornpany may count and include any portion of its land heretofore included within the corporate lirnits of City, which is within the above-described property, in the deterrnination of the 25% of the total value of the land within, and improvernents on, its above-described property, for annexation purpose~ under the foregoing provisions of this Agreernent. V. This Agreement shall extend for a period beginning on the 1st day of January, 1973, and continue thereafter until December 31, 1979, 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, of the final calendar year of the terrn hereof, the agreement of City not to annex property of Company within the District shall terrninate. In that event, City shall have the right to commence imme- diate annexation proceedings as to all of Cornpany's property covered by this Agreernent, notwithstanding any of the terrns and provisions of (Revised: 8-72) ~ . . . . . . . e Industrial District Agreement - 5 this agreernent, and in such event Cornpany agrees that if the Texas Municipal Annexation Act, Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which irnposes greater restrictions on the right of City to annex land belonging to Cornpany or irnposes further obligations on City in connection therewith after the annexation of such land, Cornpany will waive the right to require City to cornply with any such additional restrictions or obligations and the rights of the parties shall be then deterrnined in accordance with the provisions of said Texas Municipal Annexation Act as the same exists on the date of execution of this Agreernent. This Agreement rnay be extended for an additional period or periods by agreement between City and Cornpany andlor its assigns even though it is not extended by agreernent between City and all of the owners of all land within the District of which i'c is a part. In this connection, City hereby expresses its belief that industrial "district agreernents of the kind rnade herein are conducive to the developrnent of existing and future industry and are to the best interest of all citizens of City and encourage future City Commissions to enter into future industrial district agreernents and to extend for additional periods perrnitted by law this Industrial District Agreernent upon request of Cornpany or its assigns; provided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreernent. VI. Cornpany agrees to pay all ad valorern taxes, and all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the terrn hereof. It is agreed that presently the ratio of ad valorern tax assessrnent used by City is eighty per cent (80%) of the fair rnarket value of property. Any change in such ratio used by City shall be reflected in any subsequent cornputations hereunder. This Agreernent shall be subject to all provisions of law relating to deterrnination of value of land and irnprovernents for tax purposes (e.g., rendition, assessrnent, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and deterrnining the arnount of (Revised: 8-72) " -; . . e ); . Industrial Uistrict Agreernent - 6 ad valorern tax payrnents, and the arnount of "in lieu of tax" payments . hereunder. VII. In the event Cornpany elects to protest the valuation set on its said properties by City for any year or years during the terrns hereof, nothing in this Agreernent shall preclude such protest and Cornpany shall have the right to take all legal steps desired by it to reduce the sarne. Notwithstanding such protest by Cornpany, Cornpany agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total arnount of ad valorern taxes on the annexed portions, plus (b) the total arnount of the lIin lieu of taxes" on the . unannexed portions of Cornpany's hereinabove-described property which would be due by Cornpany to City in accordance with the foregoing pro- visions of this Agreernent on the basis of renditions which shall be tirnely filed by Cornpany with City's Tax Assessor-Collector for that year. When the City tax valuation on said property of Cornpany has been finally deterrnined, either as the result of final judgrnent of a court of cornpetent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Cornpany shall rnake payment to City of any additional payrnent due hereunder based on such final valuation. VIII. . City shall be entitled to a tax lien on Cornpany's above-described property, and all irnprovernents thereon, in the event of default in payrnent of "in lieu of taxes" payrnents hereunder, lrlhich 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. IX. Cornpany agrees to provide to City at Company's expense, a survey plat and field note description of the land and irnprovemen~ which Cornpany petitions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to ~ a point on the existing corporate lirnits of La Porte. In the event (Hevised: 8-72) ~ .. e e ;.A . . Industrial District Agreernent - 7 of failure of Cornpany to file either such petition, or such descrip- ~ tion, City shall have the right by notice in writing to Cornpany to cancel and terrninate this Agreernent. X. This Agreernent shall inure to the benefit of and be binding upon City and Cornpany, and upon Cornpany's successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Cornpany sells, assigns, or in any other rnanner 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 agreernents herein contained shall be held to be covenants running with the land owned by . Cornpany situated within said territory, for so long as this Agreernent or any extension thereof rernains in force. XI. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a r~ewal of any existing industrial district agreernents after the effective date hereof and while this Agreement is in effect, which contains terms and provisions rnore favorable to the landowner than those in this Agreement, Cornpany and its assigns shall have the right to arnend this Agreernent and City agrees to arnend same to embrace the rnore favorable terms of such agreement or renewal agreement. ~ ENTERED INTO this 31st day of August, 1972. ,,=>.J'- ':" ~. ~~/~:~ ~ ~ -"': ;., ""~"----%-' I 0/ ~;,- \' "~'?, ~~: .....~. ... ~~ ~ <,:', ~ATTEST>: -~,' -:;~ ~ ~~;;" ~':.) ~'~' ". ~~?~'i. %/~ ~""s e'bary olinA. Wilson By DIAMOND SHAMROCK CORPORATION (COMPANY) ~~1 V c Pre ident W. H. Bricker "c;, ~ ::tF tiO~L~ Hayor -...:... '... '- .' (Revised: 8-72) , ,iii :..,.1, ' ,.t., .. . L ". . . . . e Industrial District Agreernent - 8 ~~~< J4i~~ Cl.ty Comml.SSl.oner ~&?<PL~ Cl.ty Commissl.oner ~ . ASKI 5, 122 S. Broadway P.O. Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 '" .f! .... ' . e 'r ~'3 S'J'l',':!! OF TEgilS X X COUN'l'Y ci" HARRIS X ^ Cl'xy V.I." .l.JoH. l'Ut~..rl!; A . INDUSTRIAL DISTRICT AG~~EMENT _~_.__._'_".~.~"....v.~.,... =..... _00lt _..... ~"..-=- _..., -~____ This AGREEMENT mado and enter.ed into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of H(:I.,t"ris County, Texas, hereinafter called "CITY", and THE UPJOHN COMPANY y .,...,.------- , i:l Delaware corporation, he:r.einafter called "COHPANY", WIT N E SSE T H: That WHEREAS, it is the established polier of the City Corruuission of the City of La Porte, Texas, to adopt such reasonable m~~sures frorn ~ tim3 to time as are perrnitted by law and which will tend to enhance the economic stabili,ty and 9'rowth of the City and its environs by attracting the location of new and the expansion of existing industries t.herein, and such policy is hereby reaffirmed and adopted by this Ci +:..... Cc!!:~i.~cic~ e~ b~i~~ , ~n the bc~t ..; ...~n"'.ISr-"" -... ....._- -....,- ~f the C it',' E'!.!!o. it~ citizens~ and WHEREAS, Company is the owner of a certain tract(s) of land more part.icularly described in the Deed Records of Harris Coun'ty, Texas, i,n the follm"ing Volume and Page references, to-~lit: . 1. Conveyance dated as of October23, 1962, from the Carwin Company to The Upjohn Company, recorded in Volume 4908, page 59, of the Deed Records of Harris Counly, Texas, covering 52.809 acres of land, more or less, in Arthur McCormick Survey, Abstract No. 46, Harris County, Texas. . 2. Deed dated January 13, 1964, from Ben G. Sewell to The Upjohn Company, recorded in volume 5381, page 537, of the Deed Records of Harris County, Texas, covering 52.9251 acres of land in the Arthur McCormick Survey, Abstract No. 46, Harris County, Texas. 3. Deed dated June i8, 1963, from Phillips Petroleum Company to T.he Upjohn Company, recorded in Vplume 5185, .page 102, c.>f the Deed Recorus of Harris County, Texas; . (.Rrc::vi sed ~ 9~'n) . ,', . . . . . Indn3t~ial Di&tIlct Agrecn~nt - 2 upon 't,hich tract (s) Company has either constrllcted an industrial plant{s) or contemplates the construction of an industrial plant{sl; and ~~EP~AS, pursuant to its policy, City has enacted Ordinance No. 729 designating a part of the area" located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," hereinafte"r called "District," such Ordinance being in com- p1iance with the provisions of Article I, Section 5 of the M~~icipal Annexation Act, H.B. 13, Acts of the 58th Legislature of the State of Texas, Regular Session, 1963; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution ,adopted by the City Commission of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the prernises and the mutual agreernent of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinance of City referred to above, City and Company hereby agree with each other as . follows: I. City covenants, agrees and guarantees that during the terrn of this Agreement, provided beiow, and subject to the terms and ,provisions of this l\.greernent, sai:d District shall continue and retain its ext.caterri- torial status as an industrial district, at least ~o the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant . to the terms of this Agreement. Subject to the foregoi.ng and to the later provisions of this Agreement, City does further covenant, nCJree (Hcvised; 8-72) " e e Ind.n:3t:d.al Di.strict Agreement - 3 ".: gUci.LiiJ.."..;'-.= i::f1Qi:. such lHdusi..J:.ial ~i~\....t.i., t., to 'Cu"," ~>t\..eu.;. . . ....&....11... .. ".1 ~covcrs said land lying within said District and not now within the corporate limits of City or to be annexed under the provisions of Ar~icle II hereof, shall be imm~~e from annexation by City during the term hereof (except as hereinaf.ter provided) and shall have no right to'have extended to it any services by City, and that all of said land, including that which has been heretofore or which rnay be annexed pur- suant to the later provi.sions of this Agreement, shall not have extended to it by ordinance any rules and. regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumb- ing or inspection qode or codes, or (c) atternpting to exercise in any " manner whatever control over the conduct of business thereon; provided, . however, it is agreed that City shall have the right to institute or intervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the sarne extent and to the same intent and effect as if all land covered by this Agreernent were located within . 'th~ ("f""',..""'("'\,,-:::....1:3I ---r--.......-- limits .....+ r';+H .....- --".z. II. Company has filed with City, coincident with the "execution hereof, its petition to City to annex 25% of the total value of the land and irnprovernents hereinabove described. Upon annexation thereof, Company agrees to render and pay full City ad valo~ern taxes on such" annexed ~ land and irnprovernents. In addition, Cornpany shall rnake .. in lieu of taxes" payrnents to City on the remaining 75% of the value of the land and improvernents thereon, in an arnount equal to '25% of the arnount which would be payable to City in ad valorem.taxes if said 75% of the ,hereinabove described ~operty was \olithin the corporate lirnits of City. III. City shall have the right three (3) years after the effective date hereof to review and determine the value of the land and improverne~ts \V'ithin the area covered by this Agreernent which are then \.lithin the corpo:.:ate limits of City (the annexed area) and the value of the land . and improvernents wi thin the area covered by this Agreement \IThich are ~ not within the corporate limits of City (the unannexed area). If at (Hcvised: 8-72) ,. ,,' " ' e e Industrial District Agreement - 4 I... .. ..........a.._. + ro'!'f"'-~ ...-..... -... . _~ .......... ., _.0.... ., ,~~-:.;. v-~l'.l~ ""~ (',.~~.r::'.:.::l': J.-'!1(l E':n'~ .;"'!'!?''''('\'i;I"':)T:1or.t:~ . within the annexed area is less than 25~ of the total value of Company's land and improvements in both the annexed and unannexed areas, City . . -. shall have the ri"ght to require Cornpany to pay to City annually begin- ning with the following year and continuing thereafter during the remaining terrn of this Agreement, and in that event Cornpany agrees to pay an additionai. amount "in lieu of taxes" on Company's land and irnprovements in the unannexed area to the end that Company's payment of taxes on the annexed area combined \'lith its payment of "in lieu of taxes" on the unannexed area will equal 43.75% of the amount of ad valorem taxes which would be payable to City by Company if all of the hereinabove described property had been within the corporate lirnits of City at the time)f such determination and revie\l1. The value determinations shall be made in accordance with the procedure for other determinations of value hereunder. IV. C0r.1[.':!.!;'Y m~,y count ~!lii j n(;llJoe any port.J.on O:i: . - -. .- ~1:.S J.yiiU ;.;.;';.L~t..UJ...u.:.t:; ipcluded within the corporate limits of C~ty, which is within the above-de~cribed property, in the determination of the 25% of the total value of the land within, and irnprovements on, its above-described property, for annexation purposes under the foregoing provisions of this Agreement. v. This Agreement shall extend for a period beginning on "the 1st day "o~ Januar.y, 1973, and continue thereafter until December 31, 1979, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the ~lunicipal 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, of the final calendar year of the term hereof, the agreement of City not to annex property of Company within the District shall termin<lte. In Uldt event:, Cit.y sh~ll h~.vc t-.hc right. t(" CI)~1."!'I"e!'l':'!? ~mmp.- diate annexation proceedings as to all of Company's property covered by this Agreement, not\l1i thstanding any of the terms and provisions of (lkviscd: 8--72) . ' . ., I". ~ ., . e e Indu3i:.riill l).i.~trj.ct Agreement - 5 . this aareernent, and in sucn event '..Olli;:".:1:-:'.:: .:.r.ll'cn,; ;":-i:.C if th~ "i'exas . M.unicipal Annexation Act, Article 9'70a (V .A.'I'.S.) t is hereaft.er amended or any new legislation is enacted by the Legislature of the State of Texas which impof:>es greater restrictions on the right of City to annex land belonging to Cornpany 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 ~lunicipal Annexation Act as the same exists on the date of execution of this Agreement. This Agreement may b~ extended for an additional period or periods by agreement between City and Company and/or its assigns even . though it is not extended by agreernent between City and all of the o\"mers of all land \-lithin the District of ....lhich it is a part. In this connection, City hereby expresses its b~lief that industrial district agreements of the kind made herein are conducive to the development of . existing and future industry and are to tne best interest ui ~ll c~tizens of City and encourage future City Commissions to enter into future industrial district agreements and to extend for additional periods permitted by law this Industrial District Agreernent upon request of Cornpany or its assigns; provided, however, that nothing herein contained shall be deemed to obli9ate either party hereto to . agree to an extension of this Agreement. VI. Cornpany agrees to pay all ad valorern taxes, and all "in lieu of taxes" payments hereunder, to City on.or before December- 31 of each year during the term ttereof. It is agreed that presently the ratio of ad valorem tax assessment used by City is eighty per cent (80%) of the fair market value of property. Any change in.such ratio used by . City shall be re~lected in any subsequent computations hereunder. This ~greement shall be subject to all provisions of law relating to . deterrnination of value of land and improven'ents for tax purposes (e.g., rendition, assessment, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and determining the amount of (1~I:.:vi sed: 13-72) .,~ ...... . . . I:ldustri,al uist,rict ACjY."eement - G . ", ad valorem tax payrncnts, and the amount of lIin lieu of tax" payme~ts hereunder. . VII. In the event Company elects to protest the valuation set on its said properties by City for any year or years during the terms her80f, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce th~ same. Notwithstanding such protest by Co~pany, Cornpany agrees to pay to City on or before the date therefor her.ei.nabove provided, at least the total of (a) the total amount of ad valorern taxes on the annexed portions, plus (b) the total arnount of th~ "in lieu of taxesll on the unannexed portions of Company's hereinabove-described property which ~ would be due by Company to City in accordance with the foregoing pro- visions of this Agreement on the basis of renditions which shall be tirnely filed by Company with City's Tax Assessor-Collector for that year. When the City tax valuation on said property of Company has been r;.'.I'='~~.;" .~.:~-=-:-~1~,,~~.. ;::.~~H.~-r- ."'1~ ~~~ ~~~t:lt of 'final iud~!!'!.e!lt of a ("O'_'l"'t t.. - of competent jurisdiction or as the result of other final conclusion of the controversy, then within thi~ty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation. VIII. . City shall be entitled to a tax lien on Company's above-described property, and all improvements thereon, in the event of default i.n payment of "in lieu of taxes" payrnents hereunder, \-lhich 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. IX. Cornpany agrees to provide to City at Cornpany's expense, a survey plat and field note-description of the land" and improvementt3 which Cornpany petitions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to a point on the existing corporate limits of La Porte. In the event (i{evised: 8-72) ;: ... e . Ir.dustrial District ^greement - 7 of failure of C,:,mp;my tn fi If'' ,.,.) tIler ~11,.,:h fip.t.i t; on. or ~tJC":}-I descr; f1- . tion, City shall have the right by notice in writing to Company to cancel and terrninate this Agreement. x. This Agreement shall inure to the benefit of and be binding upon City and Cornpany, and upon Company's successors and assigns, affili- ates and subsidiaries, and shall remain in force wh~ther Company Lells, assigns, or in any other rnanner 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 agreernents herein contained shall be held to be covenants running with the land owned by Cornpany situated within said territory, for so long as this Agreernent . or any extension thereof remains in force. XI. If City enters into an Agreernent with any other landowner with respect to an industrial district or enters into a r~ewal of any f.!xisi:.1.ng J.nau5t):-.1.al. ilJ.S U:-l.ct agreements after .. - - .. -. t-~.... ,...-......~..,...._., ....r. "_"10-_11 .I....c c::......c""-'-.vc ,.."'....'-"'" h~reof and while this ~greement is in effect, which contains terms and provisions rnore favorable to the "landowner than those in this Agreernent, Company and its assigns shall have the right to arn~nd this Agre~rnent and City agr~es to arnend sarne to embrace the rnore favorable terms of such agreernent or renewal agreement. . ENTERED INTO this 31st day of August, 1~72. THE UP JOHN COMPANY (COMPANY) By ~ . ATT~: ~.~ Secretary APPROYEDAs-m!t lEGAL /FORM II I b-'H_td~. !I ----- - CITY OF LA PORTE .t' . (Revised: 8-72) .;. . ....., ~ . . . . n ., e Jndu:.. :::'ii11 Dist dc'c hcjreement - 0 . J-~.~~ o City Commissl.oner G("z:-- omml. S s l.oner- -. '. . . . . -- . " . THE ST~TE OF TEXAS X X COUN'rY OF HARRIS X X CITY OF LA PORTE X INDUSTRIAL DISTRICT AGREE1(ENT J This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a rnunicipal corporation of Harris County, Texas, hereinafter called "CITY", and Texas A1kX1s~ tnc. , a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: That WHEREAS, it is the established policy of the City Commdssion of the City of La Porte, Texas, to adopt such reasonable measures frorn 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 Commdssion as being in the best interest of the City and its citizensF and WHEREAS, Company is the owner of a certain tract(s) of land more particularly described in the Deed Records of Harris County, Texas, in the following Volume and Page references, to-wit: 1. Deed dated May 22, 1959, from Phillips Petroleum Cornpany to Texas A1ky1s, Inc., recorded in Volume 3712, Page 95, of the Deed Records of Harris County, Texas, covering 12.779 acres of land. 2. Deed dated May 19, 1959, from Jeff E. F1erning, Trustee, to Texas A1ky1s, Inc., recorded in Volume 3705, Page 326, of the Deed Records of Harris County, Texas, conveying a 3-acre tract of land. 3. Deed dated May 5, 1961, from G. A. LaForge to Texas A1ky1s, Inc., recorded in Volume 4362, Page 26, of the Deed Records of Harris County, Texas, conveying a 3.5 acre tract of land. (Revised: 8-72) . ~ ." . . . , " Industr': "\.L D.1,;: trict Agreement -.2 . upon which tract(s) Company has either constructed an industrial plant(s) or contemplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729 designating a part of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas,u hereinafter called "District," such Ordinance being in com- .Pliance with the provisions of Article I, Section 5 of the Municipal Annexation Act, H.B. 13, Acts of the 58th Legislature of the State of Texas, Regular Session, 1963; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreement with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreement of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinance of City . referred to above, City and Company hereby agree with each other as follows: 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 and retain its extraterri- torial status as an industrial district, at least to the extent that the same covers the land described above and belonging to Company and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant tit to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree (Revised: 8-72) . . Industrial District Agreement - 2 . upon which tract(s) Cornpany has either constructed an industrial plant(s) or conternplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729 designating a part of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," hereinafter called "District," such Ordinance being in corn- 4It pliance with the provisions of Article I, Section 5 of the Municipal Annexation Act, H.B. 13, Acts of the 58th Legislature of the State of Texas, Regular Session, 1963; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said District and for such purpose desires to enter into this Agreernent with Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official ~rninutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreement of the parties contained herein and pursuant to the authority . granted under the Municipal Annexation Act and the Ordinance of City referred to above, City and Company hereby agree with each other as follows: I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terrns and provisions of this Agreement, said District shall continue and retain its extraterri- to~ial ~~a~us"as ~~_.industrial district, at least to the extent that -" ----. ~- -.- the same covers the land described above and belonging to Cornpany and its assigns, and unless and until the status of said land, or a portion or portions thereof, as an industrial district may be changed pursuant ~ to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree (Revised: 8-72) . t . . '" Industrial District Agreement - 3 and guararitee that such industrial district, to the extent that it ~covers said.l~nd lYin~ within said District and not now within the ".. corporate 11.rn1ts of Cl.ty or to be annexed under the provisions of Article II hereof, shall be immune frorn annexation by City during the terrn hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all of said land, including that which has been heretofore or which may be annexed pur- suant to the later provisions of this Agreement, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumb- ing or inspection code or codes, or (c) atternpting to exercise in any . manner whatever control over the conduct of business thereon; provided, . however, it is agreed that City shall have the right to institute or intervene in any judicial proceeding authorized by the Texas Water Code or the Texas Clean Air Act to the sarne extent and to the same intent and effect as if all land covered by this Agreement were located within the corporate lirnits of City. II. Cornpany has filed with City, coincident with the execution hereof, its petition to City to annex 25% of the total value of the land and improvements hereinabove described. Upon annexation thereof, Cornpany agrees to render and pay full City ad valorern taxes on such annexed . land and irnprovements. In addition, Cornpany shall make II in lieu of taxesll payments to City on the remaining 75% of the value of the land and irnprovernents thereon, in an amount equal to 25% of the amount which would be payable to City "in ad valorem.taxes if said 75% of the hereinabove described property was within the corporate limits of City. III. City shall have the right three (3) years after the effective date hereof to review and determine the value of the land and irnprovements wi..t4iD__the __ar.e"a.~ca.'\ler.ed-by_"_this-Agr.eeme.n.Lwhich. are then within the corporate lirnits of City (the annexed area) and the value of the land and irnprovements within the area covered by this Agreement which are ~not within the corporate lirnits of City (the unannexed area). If at (N.evised: 8-72) .. .- . . .. " industrial District Agreement - 4 the tirne of such review the value of Cornpany's land and irnprovements within the annexed area is less than 25% of the total value of Cornpany's . land and irnprovernents in both the annexed and unannexed areas, City shall have the right to require Cornpany to pay to City annually begin- ning with the following year and continuing thereafter during the rernaining terrn of this Agreernent, and in that event Cornpany agrees to pay an additional arnoun t "in lieu 0 f taxes" on C ornp any , s land and irnprovew~nts in the unannexed area to the end that Company's payment of taxes on the annexed area combined with its payrnent of "in lieu of taxes" on the unannexed area will equal 43.75% of the arnount of ad valorern taxes which would be payable to City by Cornpany if all of the hereinabove described property had been within the corporate lirnits . c.f City at the time of such deterrnination and review. The value determinations shall be rnade in accordance with the procedure for other determinations of value hereunder. IV. Cornpany rnay count and include any portion of its land heretofore included within the corporate lirnits of City, which is within the above-,described property, in the deterrnination of the 25% of the total value of the land within, and irnprovernents on, its above-described property, for annexation purposes under the foregoing provisions of this Agreernent. . v. This Agreernent shall extend for a period beginning on the 1st day o~ January, 1973, and continue thereafter until December 31, 1979, unless extended for an additional period or periods of time upon rnutual consent of Cornpany 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, of the final calendar year of the term hereof, the agreement _"__ __ Qf._Ci"tY-" "noLt"o_C'..!Jlle,x-p.ro.per.ty _oLC_ompany__within_the"_Qj,sj;ri~'t sl\~;l...1 - terrninate. In that event, City shall have the right to commence imme- diate annexation proceedings as to all of Cornpany's property covered 4It by this Agreernent, notwithstanding any of the terrns and provisions of (Revised: 8-72) , ~, . . ,; . . . Industrial District Agreernent - 5 this agreernent, and in such event Cornpany agrees that if the Texas . Municipal Annexation Act, Article 970a (V.A.T.S.), is hereafter amended or any new legislation is enacted by the Legislature of the State of Texas which irnposes greater restrictions on the right of City to annex land belonging to Cornpany or irnposes further obligations on City in connection therewith after the annexation of such land, Cornpany will waive the right to require City to cornply with any such additional restrictions or obligations and the rights of the parties shall be then deterrnined in accordance with the provisions of said Texas Municipal Annexation Act as the sarne exists on the date of execution of this . Agreernent. This Agreernent may be extended for an additional period or periods by agreernent between City and Cornpany andlor its assigns even though it is not extended by agreernent between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreernents of the kind rnade herein are conducive to the development of existing and future industry and are to the best interest of all citizens of City and encourage future City Commissions to enter into future industrial district agreernents and to extend for additional periods perrnitted by law this Industrial District Agreernent upon request of Cornpany or its assigns~ provided, however, that nothing herein contained shall be deerned to obligate either party hereto to ~ agree to an extension of this Agreernent. VI. Cornpany agrees to pay all ad valorern taxes, and all "in lieu of taxes" payments hereunder, to City on or before December 31 of each year during the terrn hereof. It is agreed that presently the ratio of ad valorern tax assessrnent used by City is eighty per cent (80%) of the fair rnarket value of property. Any change in such ratio used by City shall be reflected in any subsequent cornputations hereunder. This __ ,::..greeID,g~":t__"s..b..a.,lLJ;te_$J,~_:i-ect".._to al"Lp!,Q.visions_ of law ~ela"ting___to deterrnination of value of land and irnprovements for tax purposes (e.g., rendition, assessment, Board of Equalization procedure, court 4It appeals, etc.) for purposes of fixing and deterrnining the arnount of (Revised: 8-72) . " . . . ~ ". . . Industrial District Agreernent - 6 ad valorern tax payrnents, and the arnount of "in lieu of tax" payments . hereunder. VII. In the event Cornpany elects to protest the valuation set on its said properties by City for any year or years during the terrns hereof, nothing in this Agreernent shall preclude such protest and Cornpany shall have the right to take all legal steps desired by it to reduce the sarne. Notwithstanding such protest by Cornpany, Cornpany agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total arnount of ad valorern taxes on the annexed portions, plus (b) the total arnount of the "in lieu of taxes" on the unannexed portions of Cornpany's hereinabove-described property which . would be due by Cornpany to City in accordance with the foregoing pro- visions of this Agreernent on the basis of renditions which shall be timely filed by Company with City's Tax Assessor-Collector for that year. When the City tax valuation on said property of Cornpany has been finally deterrnined, either as the result of final judgrnent of a court of cornpetent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Cornpany shall make payment to City of any additional payment due hereunder based on such final valuation. VIII. . City shall be entitled to a tax lien on Cornpany's above-described property, and all irnprovernents thereon, in the event of default in payrnent of "in lieu of taxes" payrnents 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. IX. Cornpany agrees to provide to City at Cornpany's expense, a survey plat .and ....field_no_te~de.s"cri.p_ti_on_Q.t.__thtLl..and a~d irnm:pvernent.;3 which Cornpany petitions to be annexed in accordance with the provisions of Article II above. Such annexation tract shall be contiguous to tit a point on the existing corporate lirnits of La Porte. In the event (Revised: 8-72) , '. i>;' 'to' . ,- . \ . , . Industrial District Agreernent - 7 of failure of Cornpany to file either such petition, or such descrip- ~ tion, City shall have the right by notice in writing to Cornpany to cancel and terrninate this Agreernent. X. This Agreernent shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affili- ates and subsidiaries, and shall remain in force whether Cornpany sells, assigns, or in any other rnanner 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 . Cornpany situated within said territory, for so long as this Agreement or any extension thereof rernains in force. XI. If City enters into an Agreernent with any other landowner with respect to an industrial district or enters into a r~ewal of any existing industrial district agreernents after the effective date hereof and while this Agreement is in effect, which contains terms and provisions rnore favorable to the landowner than those in this Agreement, Cornpany and its assigns shall have the right to arn~nd this Agreernent and City agrees to arnend same to embrace the rnore favorable terrns of such agreernent or renewal agreernent. ~ ENTERED INTO this 31st day of August, 1972. __..: _L ;f-_ TEXAS ALKYLS. ( COMPANY) " ". ~~.., CITY OF LA PORTE - -BY--t. (l;;;~~ l\layor ~ST:/ . .;c~~~~ (Revised: 8-72) .' . . ." ;. 1 ~. . . . . . . . ~ . '" ,. .~.. Industrial District Agreement - 8 rJ. ASKINS, 122 S. Broadway P.O. Box 1218 La Porte, Texas 77571 Telephone: (7l3) 471-1886 ..--- .~- -- . c44o~~ ~~