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HomeMy WebLinkAboutO-1973-971 I I ORDINANCE NO. 971 _ AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE ~ ,il,. AN INDUSTRIAL DISTRICT AGREEMENT WITH GREIF BROTHERS CORPORATION, ~~~>AN 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, determines and declares that Greif Brothers Corporation, has executed an industrial district agreement with the City of La Porte, for the seven-year term commencing January 1, 1973, a copy of said industrial district agreement being attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the City Commissioners, and the ~itY Clerk of the City of La Porte, Texas, be, and they are hereby authorized and empowered to execute and deliver on behalf of the City of La Porte, Texas, the industrial district agreement with Greif Brothers Corporation, a copy of which is attached hereto. Section 3. This Ordinance shall be in effect immediately upon its passage and approval. PASSED AND APPROVED, this the 19th day of November, 1973. CITY OF LA PORTE ~~~......:..:.';-.. :::_..\1" . Byt./L ~ . . .,; <1 tA.A .A7 ~...... / . , " . '-' '.' "/ ';: E. A. Thomas, Mayor ,; i2Z( PI d~ . ---- CJ.ty Attorney ~~. .,.~.~ . . . . .~ ~ ,. " : THE STATE OF TEXAS X X COUN'l'Y OF BARRI S 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 (;REI E 8205. (l,RPt:JIJJTTIOAl , 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 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 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: (Revised: 8-72) ~ I : 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- 4It pliance with the provisions of Article I, Section 5 of the Municipal Annexation Act, B.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 4It 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 Agreement - 3 and guararitee that such industrial district, to the extent that it 4Itcovers 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 from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all 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 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 improvements hereinabove described. Upon annexation thereof, Company agrees to render and pay full City ad valorem taxes on such annexed ~ land and improvements. In addition, Company shall make "in lieu of taxes" payments to City on the remaining 75% of the value of the land and improvements 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 improvements within the area covered by this Agreement which are then within the corporate limits of City (the annexed area) and the value of the land . and improvements 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 I Industrial District Agreement - 4 the time of such review the value of Company's land and improvements ~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 right to require Company to pay to City annually begin- ning with the following year and continuing thereafter during the remaining term of this Agreement, and in that event Company agrees to pay an additional amount "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 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 limits . of City at the time of such determination and review. The value determinations shall be made in accordance with the procedure for other determinations of value hereunder. IV. Company 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 determination of the 25% of the total value of the land within, and improvements 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~ 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 term hereof, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence imme- . diate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of (Revised: 8-72) . . . I : Industrial District Agreement - 5 this agreement, and in such event Company 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 Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same exists on the date of execution of this Agreement. This Agr~ement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. In this connection, City hereby expresses its belief that industrial district agreements 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 agreements and to extend for additional periods permitted by law this Industrial District Agreement upon request of Company 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. Company agrees to pay all ad valorem taxes, and all "in l'ieu 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 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 reflected in any subsequent computations hereunder. This Agreement shall be subject to all provisions of law relating to determination 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 determining the amount of (Revised: 8-72) . . Industrial District Agreement - 6 ad valorem tax payments, and the amount of "in lieu of tax" payments . 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 hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove-described property which would be due by Company to City in accordance with the foregoing pro- visions of this Agreement 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 Company has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation. VIII. City shall be entitled to a tax lien on Company's above-described property, and all improvements thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in 1ike manner as de1inquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. IX. Company agrees to provide to City at Company's expense, a survey plat and field note description of the land and improvementp which Company 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) I. . . Industrial District Agreement - 7 _ of failure of Company to file either such petition, or such descrip- . tion, City shall have the right by notice in writing to Company to cancel and terminate this Agreement. x. This Agreement 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 Company sells, assigns, or in any other manner disposes of,either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by 4It Company situated within said territory, for so long as this Agreement or any extension thereof remains 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 terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to am~nd this Agreement and City agrees to amend same to embrace the more favorable . terms of such agreement or renewal agreement. ENTERED INTO this 31st day of August, 1972. (COMPANY) BY~?, p';:ia~' ATTEST: Secretary . CITY OF LA PORTE BY~ ~'~4 Nayor (Revised: 8-72) ..... ~ .. . . . . to . Industrial District Agreement - 8 . . cJq . ~ ~ cLrk--- ~ CJ.ty Comm~ssioner