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HomeMy WebLinkAboutO-1980-1218 , .". - . :,. ORDINANCE NO. /:Llf! AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF INDUSTRIAL DISTRICT AGREEMENTS WITH INDUSTRY WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT, AND THE BAYPORT INDUSTRIAL DISTRICT, FOR THE SEVEN (7) YEAR PERIOD COMMENCING JANUARY 1, 1980. 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 the following named corporations have each executed industrial district a~reements tJ'" . ..," with the City of La Porte, for the seven-year term commencing January 1, 1980, a copy of each of said proposed industrial district agreements being attached hereto, incorporated by ref- erence herein, and made a part hereof for all purposes, to-wit: PETROLITE CORPORATION INTEROX AMERICA THE GOODYEAR TIRE & RUBBER COMPANY SOUTHWEST CHEMICAL SERVICES INCORPORATED Section 2. The Mayor, the City Commissioners, and the Ci ty 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 agreements with the firms and corporations named in Section 1 e hereof, copies of which are attached hereto. Section 3. The City Commission officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Commission was posted at a place convenient to the public :. .~. ,-.... at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated: and .~ that this meeting has been open to the public as required by e . Ordinance No. . . /:/If? , Page 2. law at all times during which this ordinance and the subject acted upon. matter thereof has been discussed, considered and formally The City Commission further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 4. This Ordinance shall be in effect immediately upon its passage and approval. e o {jd day Of9~ PASSED AND APPROVED this the 1980. ATTEST: , CITY OF LA ~ORT~ BY ~ J. J. Meza, Mayor ~"-J. ~ 1Juv Clt C1 rk "e APPROVED: e C Y Attorney e ".~ .. Co ;. -. ~ ~ "" / , J / ::--: " c/ /" ,.. '-'" #.P " ," ~ . ~..... t". '. .. . NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDlm TilE 'l'EXAS GENERM. AHlHTHA'l'ION ACT, AR'rICLp. 224, ET. SEO." REVISED CIVIL STATUTES OF TEXAS '\ THE STATE OF TEXAS S S COUNTY OF HARRIS S S CITY OF LA PORTE S INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and PETRO LITE CORPORATION, with offices located at 100 orthBroadwa St. Louis Missouri63102 , a De I aV\CIre corporation, hereinafter called "COMPANY", WIT N E SSE T H! That WaEREAS, it is the established policy of the City Commission of othe 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 st~bi1ity and growth of the City and its environs by atl~~~Llng the location of new and the expansion of exis~ing ~~dus~_ _ tries therein, and such policy is hereby reaffirmed and adopted by this City Commission as being in the best interest of the City and .s citizens; ana---- 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: The 125.179 acre tract as set forth in Correction Deed dated December 20, 1974., and recorded in the Harris County Clerk's office under File Number E 340787, Film Code '114-20-2076 through 114-20-2085, said tract being more specifically described on Exhibit A, wf,ich is attached hereto and made a' part hereof. .Rcvis,ed: 8-79) . . Industrial District Agreement - 2 . " upon whic~ tract(s) Company has either constructed an industrial plant(s) or contcmplates the construction of an industrial plant(s); and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," and Ordinance No. 842, designating portions of the area -..... . located in its extraterritorial jurisdiction as the "Bayport Indus- trial District of La Porte, Texas," hereinafter collectively called _-District," such Ord inances .being in comp1 iance wi th the Municipal Annexation Act of Texas, Article 970a, Vernons Annotated Revised Civil Statutes of Texas; and . , WHEREAS, City desires to encourage the expansion and growth of industrial plants wi thin said District and for such purpose desires to enter into this Agreement wi'th .Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official minutes of said City: . NO~'l, THEREFORE, in consideration of the prerni-ses- and -tne- mutu-aI--- agreements of the parties contained herein and. pursuant to the _uthority granted ~nder the Municipal Annexation "Act and the Ordi- nances 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 provi- sions of this Agreemcnt, said District shall continue and retain its , . extraterritorial status as an industrial district, at least to the extent that the same covcrs the land described abovc and belong ing to Company.and its assigns, and unless and until the status of said .and, or a portion or portions thcreof, as an indu~trial district may be changed pursuant to the terms of this Agreement. Subject to : e . . . Industrial District Agreement - 3 . the foregoing ana and. to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said land lying within said District and not now within the corporate limits of City, or to be annexed under the provisions of Article II hereof, shall be immune . from annexation by city during the term her~of (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 pursuant to the later provisions eOf 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, plumbing or inspection code or codes,. or (c) attempting to exercise in any manner whatever control oveF' the conduct of business thereon:' prov ided, however, it is agreed that Ci ty shall have t;he right to ins.t; tute or intervene in any judicial pr~ceeding authorized by the Texas Water Code or the Texas Clean Air Act to the same ~xtent and to the same intent and effect as if all land covered by this Agreement were loc.ated _within_ - the corporate limits of City. e II. (A) A portion of the hereinabove described property has hereto- . . fore been annexed by City. Company has filed with City, coincident with the execution hereof, its petition to City to annex an addi- tional portion of the hereinabove described property, to the end that twenty-f ive per cent (25%) of the total value of the land and improvements hereinabove desc~ibed shall be annexed to Ci ty. Com- pany agrees to render and pay full City ad valorem taxes on .such annexed land and improvements, and tangible personal property. (1) For tax years 1980 and 1981, Company also agrees to render e and pay an additional amoun~ "in licu of taxes" on Company's land, improvemcnts, and tanC) ible personal property in the un- e. e Industrial District Agreement - 4 e annexed area. to the end that Company's payment of taxes on the annexed areao combined with its payment of "in lieu of taxes" on the unannexed area, will equal forty-five percent (45%) of the amount of ad valorem taxes which would be payable to Ci ty by Company if all of the hereinabove described property had . been within the corporate limits of City. (B) The Texas Property Tax Code (S. B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979) will be effective for 1982 and subsequent years hereunder. Under the terms of said Act, the _.appraised value for tax purposes of "the annexed portion of land, improvements, and tangible personal property shall be determined by the Harris. County Appraisal District.. The parties hereto recogni ze that said District has no authority to appraise the land, i.mprove- ments, and tangible personal property in the un annexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, for 1982 and subsequent years under this Agreement, the parties agree that the appraisal of the land, improvements, and tangible personal property in the unannexed area' shal~ _ be . c.onducted_ by _ Ci.ty.:,_ at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal -payment purposes,.' such appraiser must .of necessity for "in lieu" appraise the entire (annexed and unannexed) land, improvements, and tangible personal property. Company agrees to render and pay full Ci ty ad valoiem taxes on such annexed land, improvements, and tangible per- sonal property. '( 1) For tax year 1982 and thereafter, Company also agrees to . . render to' City ~n~ pay an amount "in lieu of taxes" on Company's land, improvements, and tang ible personal property in the un~ annexed area equal to forty-five percent (45%) of the amount of ad valorem taxes which would be payable to City if all of the ~ hereinabove described property had been within the corporate .' e Industrial District Agreement - 5 e limits of City. and appraised by City's independent appraiser, reduced by the amount of City's ad valorem tax on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. Nothing contained in Article II(B) (1) shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establish the appraised value of land, improvements, and tangible personal property in the annexed portion, for ,ad valorem tax purposes. e III. This Agreement shall extend for a period beginning on the 1st day of January, 1980, and continue thereafter until December 31, 1986, unless extended for an additional period or periods of time upon mutu- al 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 agree- ment of City not to annex property of Company wi thin. tJ'le D~s!:ri<::t_ shall terminate. In that event, City shall have the. right to com- mence immediate. annexation proceedings as to all of Company's property ttcovered by thi~~e~~;t, notwithstanding any of the terms and pro- visions of this agreement, and in such event Company agrees that if the Texas Municipal 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 wi th the provisions of said . Texas Municipal Annexation Act as the same exists' on the date of ., .' e . . Industrial District Agreement 6 e execution of thi~' Agreement. This' Agreement may be extended for an additional perioq or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between Ci ty and all of the owners of all land wi thin 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 indus- try and 'are to the best interest of all citizens of City and encour- age future City Commissions to enter into future industrial district e agreements and to extend for addition'a! periods permitted by law this Industrial District Agreement upon request of Company or its assigns: provided, however, that nothing herein conta'ined shall be deemed to obligate either party hereto to agree to an extension of this Agreement. .IV. Company agrees to pay all ad valorem 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 ~ne_ ~at~Q_ 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 e~ity shall be reflected in any subsequ~nt' computations - hereunder. This Agreement shall be subject to all provisions'of law relating to determination of value of land, improvements, and tangible 'persona1 property, for tax purposes. (e.g., rendition, assessment, Board of Equalization procedure, court appeals, etc.) for' purposes of fixing and determining the amount of ad valorem tax payments, and the amount of "in lieu of tax" ,payments hereunder, except as otherwise provided in Articles II and V hereof. v. (A) In the event Company elects to protest the valuation for e tax purpozes set on its said properties by City o'r by the Harris, . e Industrial District Agreement - 7 e County Appraisal" District for any year or years during the terms hereof, noth ing 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 Ci ty on or before the date the,refor 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 accord- ,.ance with the foregoing provisions of this Agreement on the basis. of renditions which shall be timely filed by Company with City's Tax Assessor-Collector or with both the. City and the Harris County Appraisal District (as the case may be) for that year. When the City or Harris County Appraisal District' (as the case may be) valua- tion on said property of Company has been so finally determin~d, either as the result of final judgm~nt of a court of competent juris- diction or as the result of other final conclusion of the controversy, therrvt"thin thirty (30) days thereafter C:ompany shall 'm_ake ~a}'1Tle~ t:. _ to City of any additional payment due hereunder based on such final valuation. e . , (D) ShouldCompany disagree with "any appraisal made by the independent appraiser selected by City pursuant to Article Il(B) above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give" written notice to the Ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Compuny give such notice of disagreement, Company shall ealso submit to the City with such notice a written statement setting . .'r e e Industrial District Agreement - 8 e forth what Compa'ny be~ieves the market value of Company's herein- . above described ,property to be. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agree- ment as to the market value of company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days . from the date the notice of disagreement was received by Ci ty, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbi tration as pro- vided in subparagraph (1) of this Article V(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City .on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the n in lieu" payments which would be due hereunder on the basis' of Company's valuations rendered and/or submitted to City by Company here~nder. (1) A board of Arbitrators shall be created composed of one person named by Company, one by Ci ty , and a th i rd to be named by those two. In case of no agreement on this arbi t.rator in 10 days, the parties will join in a written' request that, the Chief Judge of the U. S. District Cou'rt for. the Southern Dis- e trict of Texas appoint the_ third arbitrator who, (as the ."Im- - - partial Arbitrator") shall preside over the arbitration pro- ceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all re1e-- vant and materfal evidence on that issue including expert opinion, and shall render its written decision as promptly as e practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be ? ~ . '. Industrial District Agrecment - 9 e available un~er the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas). Costs of the arbitration shall be shared equally by the Com- pany and the City, provided that each party shall bear its own attorneys fees. (C) Should the provisions of Article II (B) of this Agreement become impossible of enforcement because of (1) the invalidity or unenforceabi1ity of the Texas Property Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979), or any relevant ...... provision thereof, or (2) because of any mater.ia1 delay or. failure ~ to act' on the part of the Harris County Appraisal District, then and in any of such events, all payments under this Agreement' shall be governed by the provisions of Article', II (A) hereof; anything to the contrary in this Agreement notwithstanding.' YI. City shall be entitled to a tax lien on Company's above-described property, all improvements thereon, and all tangible personal prop- erty thereon, in the event of defau1 t in payment of .. in lieu of . . - - .. taxes" payments hereunder, which shall accrue penalty and interest in like manner. as delinquent taxes,' and which shall be collectible by City in the same manner as. provided by law for delinquent taxes._ VII. Company agrees to provide to City at Company's expense, .a survey plat and field note description of the land and improvements 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 of failure of Company to file either such petition, ~r such description, City shall have the right by notice in writing to Company to cancel and terminate this Agrecment. :- e' e Industrial District Agreement - 10 . e " VIII. . This Agreement shall inure ~o the benefit of and be binding upon City and Company, and upon Compan~'s successors and assigns, affili- ates and subsidiar.ies, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either vo1untar- .ily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. . IX. If City enters into an' Agreeme~t wi th other landowner wi th respect to an industrial district or enters into a renewal of any existing industrial district agreements' after the effective date . hereof and while 'this Agreement ~s in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreeme~t or renewal agreement. ENTERED INTO this 15th day of August, 1979. e I' 'I PETRO LITE CORPORATION (COMPANY) ~ . 7//"- By ~__ ~,/ /~__~ /' t)/ E ~;:es:',!.c7J/ . . . '\ I (I I , '. ... I. I " , \ ATTEST: , rfi~ /~ )~- tft~tJ tary (IJ s:,s IS [J/,uT) , . 1: , . . . Industrial District Agreement - 11 . . " ATTEST: ~t4~ f?) )~~L~ Cit C1 k e . . '.., \ '. , I' \ . '... . ,I 1/ . ': J ,,\ ." ~ I . I I, / "I, . \. I' , ',. ' , . , /~"/' 1\ . I . ;: w I ({ ~ . ~ ~ '. ~ - h . \. : )J I I" (I" ,"'. IJ,I ~', "I I .'' ,,1/ ' , \, I' \ \ I}/') ). "", \ 1,,11/ IS 1;\\\" \\,\. - \ I"'''' APPROVED BY COUNSEL: e KNOX W. ASKINS, Clty Attorney 702 w. Fairmont P~rkway P. O. Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 CITY OF LA B~ J. J. PORTE ~~~ Me za, Mayor ' ~c.~ ~ I . , ~?-::>-2 ~/..,.~'12/ . City~ Commissioner (Revised: 8-79) ..~ .' e e . METES AND BOUNDS DESCRIPTION 125.179 ACRES WILLIAM M. JONES SURVEY, A-482 HARRIS COUNTY, TEXAS , \ 4-20-Z083 Z) Being a tract or parcel containing 125.179 acres of land in the William M. Jones Survey, A-482, Harris County, Texas and being more particularly described by metes and bounds as follows (all bearings referenced to the Texas Coordinate System, South Central Zone): COMMENCING for reference at Humble Pipeline Company Copperweld Number 8, being the intersection of the east line of a 200.00 foot wide pipeline right-of-way and the south line of Fairmont Parkway, 250 feet wide; THENCE with said south line, S 860 53'11" W for a distance of 192.20 feet to a point, the beginning of a curve; THENCE continuing with said south line and along the arc of a curve to the right, at 7.97 feet passing the northeast corner of Exxon Drill Site B-15 and continuing along said arc having a central angle of 03017'53", a radius of 5872.76 feet and a chord which bears S 880 32'07" W for a total arc length of 338.04 feet to the northwest corner of Exxon Drill Site B-15, the POINT OF BEGINNING; e. THENCE continuing with said south line, along the arc of a curve to the right havina a central angle of 06010'35", a radius of 5872.76 feet and a chord which bears N 86 43'38" W for an arc length of 633.08 feet to a point for corner at the end of said curve; THENCE continuing with said south line, N 83038'21" W for a distance of 77.47 feet to a point for corner, the beginning of a curve; THENCE continuing with said south line, along the arc of a curve to the left having a central angle of ocr> 29'02", a radius of 5614.81 feet and a chord which bears N 880 22' 52" W for an arc length of 929.39 feet to a point for corner at the end of said curve; THENCE continuing with said south line, S 860 52' 37" W for a distance of 591.82 feet to -a pei'Rt for corner at the intersection of the south line of Fairmont Parkway and the east line of Proposed Baypark Road, 100 feet wide; - THENCE with said east line, S 020 27' 59" E for a distance of 2292.84 feet to a point for corner, the northwest corner of that certain 100.000 acre tract of land conveyed to .e Armak Company CJ5..-.f.eCOr.cled wnder File 0-926504, Film Code 164-35-0011, Official ~blic Records of Real Property, Harris County , Texas; THENCE with the north line of said 100.00 acre tract, N 8~ 29' 57" E for a distanc~ of 2339.52 feet to a poi nt for corner, the southwest corner of Harris County Flood Control District tract; THENCE leaving said north line, N 000 45' 15" W for a distance of 254.57 feet, with the west line of said Harris County Flood Control District tract to a point for corner, the north- west corner of said Harris County Flood Control District tract; THENCE with the north line of said Harris County Flood Control District tract, N 8~ 29' 51" E. for a distance of 150.09 feet to a point for corner, the northeast corner of said Harris County Flood Control District tract and on the west line of a 200.00 foot wide pipe- line ri ght-of-waYi EXHIBIT "A" e .,"'" e . METES AND BOUNDS DESCRIPTION 125.179 ACRES PAGE 2 . 1.14-20-2084 e'THENCE with said west line, N 000 45' 15" W for a distance of 1397.21 feet to a point for corner, the southeast" comer of Exxon Dri /I Site B-15; THENCE leaving said west line, S 890 14' 45" W for a distance of 330.00 feet to a point for corner, the southwest corner of said Exxon DrHl Site B-15; . THENCE with the west line of said Exxon Drill Site B-15, N 000 45' 15" W for a distance of 496.13 feet to the POINT OF BEGINNING and containing 125.179 acres of land. Compi led by: Turner, Collie & Braden, Consulting Engineers Hauston July 25, 1974 Inc. Port Arthur Job No. 1659-007 e e RECr-!'BVED e RETURN TO~ 8. G. 8AurJG^I~DNER 617 CAnOLlNE HOUSTON" TEXAS 7..7..0.02 JAI~ 9' I I ~ J.A WYERS lULE co. wo. . ,__ " . . . e e . . NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRA'rION ACT, AR'I'ICLE 224, ET. SEO., REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS S S COUNTY OF HARRIS S S CITY OF LA PORTE S INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Interox America e , a Texas partnership ~td:(l[L'l[t< hereinafter called "Cm1PANY", 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 ~dopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stabil i ty and gro'&th of the Ci ty and its env irons by. attracting the location of new and the expansion .E>f- ex-istin{j -ifld-us-- tries therein, and such policy is hereby reaffirmed and adopted by this City Commission as being in the best interest of the Ci ty and its citizens; and WHEREAS, Company is the owner of a certain tr~ct(s) of land more particularly described in the Deed Records of Harris County,. Texas, in the following Volume ~nd Page references, to-wit: See Exhibit A. (Rev ised: 8-79 ) e e 4It 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 portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," and Ordinance No. 842, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Indus- trial District of La Porte, Texas," hereinafter. collectively called "District," such Ordinances being in compliance with the l-1unicipa1 Annexation Act of Texas, Article 970a, Vernons Annotated Revised Civil Statutes of Texas: and WHEREAS, Ci ty desires to encourage the expansion and growth of industrial plants within said District and for such purpose .desires to enter into this Agreement wi th Company pursuant to Resolution adopted by the City Commission of said City and recorded in the official minutes of said City: NOI~, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authori qr gran.t.ed_ Wlde.t: the Municipal Annexation Act and the Ord i- nances of City referred to above, City and Company hereby agree with each other as follows: e I. e City covenants, agrees and guarantees that during the term of th is Agreement, prov ided below, and subj ect to the terms and prov i- sions of this Agreement, said District shall continue and retain its ex tl. aterr i torial status as an industrial d i!? trict, 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 e e . Industrial District Agreement - 3 e the foregoing and and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said land lying within said District and not now wi thin the corporate 1 imi ts of Ci ty, 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 pursuant to the later provisions of th is Agreement, shall not have ex tended to it by ord inance any rules and regulations (a) governing plats and subd iv isions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; prov ided, however, it is agreed that Ci ty shall have the right to insti tute 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 ann effect as if all land covered by this Agreement were loca ted- \'Ii th"{n - the corporate limits of City. . II. (A) A portion of the hereinabove described property has hereto- fore been annexed by City. Company has filed wi th Ci ty, coinc ident wi th the execut ion hereof, its pet i t ion to Ci ty to annex an add i- tional portion of the hereinabove described property, to the end that twenty-five per cent (25%) of the total value of the land and improvements hereinabove described shall be annexed to Ci ty. Com- pany agrees to render and pay full Ci ty ad valorem taxes on such annexed land and improvements, and tangible personal property. (1) For tax years 1980 and 1981, Company also agrees to render e and pay an addition.:ll amount "in lieu of taxes" on Company's land, improvements, and tang ible personal property in the un- "'-' e . ~ Industrial District Agreement - 4 annexed 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 forty-five percent (45%) of the amount of ad valorem taxes wh ich would be payable to Ci ty by Company if all of the hereinabove described property had been within the corporate limits of City. (B) The Texas Property Tax Code (5. B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979) will be effective for 1982 and subsequent years hereunder. Under the terms of said Act, the e appraised value for tax purposes of the annexed portion of land, improvements, and tang ible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said District has no authority to appraise the land, improve- ments, and tang ible personal property in the unannexed area for the purpose of computing the "in 1 ieu" payments hereunder. Therefore, for 1982 and subsequent years under this Agreement, the parties agree that the appraisal of the land, improvements, and tangible personal property in the unannexed area shall be conduoted by - Ci ty-, - at City's expense, by an independent appraiser of City's selection. e The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) land, improvements, and tangible personal property. Company agrees to render and pay full Ci ty ad valorem taxes on such annexed land, improvements, and tang ible per- sona1 property. (1) For tax year 1982 and thereafter, Company also agrees to render to City and pay an amount "in lieu of taxes" on Company's . land, improvements, and tang ible personal property in the un- annexed area equal to forty-five percent (45%) of the amount of ad valorem taxes which would be payable to City if all of the hereinabove described property had been within the corporate . e . 4It Industrial District Agreement - 5 limits of City and appraised by City's independent appraiser, reduced by the amount of Ci ty' s ad valorem tax on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. Nothing contained in Article II(B) (1) shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establish the appraised value of land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. e III. This Agreement shall extend for a period beginning on the 1st day of January, 1980, and continue thereafter until December 31, 1986, unless extended for an additional period or periods of time upon rnutu- al consent of Company and City as provided by the Municipal Annexation Act: prov ided, 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 agree- ment of Ci ty not to annex property of ,Company ~i thin -the 9istric..t- shall terminate. In that event, Ci ty shall . have the right to COITl- e mence immediate annexation proceedings as to all of Company's property ----..- - - - - covered by this Agreement, notwithstanding any of the terms and pro- visions of this agreement, and iri such event Company agrees that if the Texas Municipal 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 wi th the prov isions of said e Texas Municipal Annexation Act as the same exists on the date of e e e e ~ Industrial District Agreement - 7 . County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to Ci ty 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 accord- ance with the foregoing provisions of this Agreement on the basis of renditions which shall be timely filed by Company with City's Tax Assessor-Collector or with both the. City and the Harris County Appraisal District (as the case may be) for that year. When the City or Harris County Appraisal District (as the case may be) valua- tion on said property of Company has been so finally determined, either as the result of final judgment of a court of competent juris- diction or as the result of other final conclusion of the controversy, then wi thin thirty (30) days thereafter Company' :shall- make- payment" to City of any ,additional payment due hereunder based on such final valuation. (B) Should Company disagree wi th . any appraisal made by the independent appraiser selected by City pursuant to Article II(D) above (which shall be given in writing to Company), Company shall, within twenty (20) days---of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made, by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting e e . e Industrial District Agreement - 6 execution of this Agreement. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. In thi s connect ion, Ci ty hereby expresses its belief that industrial district agreements of the kind made herein are conducive to the development of existing and future indus- try and are to the best interest of all citizens of City and encour- age future City Commissions to enter into future industrial district e agreements and to ex tend for add it ional . . . periods permi t ted by law this Industrial District Agreement upon request of Company or i t.s assigns; prov ided, however, that nothing herein contained shall be deemed to obligate either party hereto to agree to an extension of this Agreem~nt. IV. Company agrees to pay all ad valorem 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 _ratiQ of ad valorem tax assessment used by City is eighty per cent (80%) of e the fair market value of property. Any change in such ratio used by Ci ty shall be ref lected in any subsequent computations hereunder. This Agreement shall be subject to all provisions. of law relating to determination of val ue of land, improvements, and tang ible .personal property, for tax purpo.s-es (e.g., rendition, assessment, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and the amount of "in lieu of ta~" payments hereunder, except as otherwise provided in Articles II and V hereof. V. (A) In the event Company elects to protest the valuat ion for e tax purposes set on its said properties by Ci ty or by the Barris - . __ Industrial District Agreement - 8 e . e forth what Company believes the market value of Company's herein- above described property to be. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agree- ment as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbi tration as pro- vided in subparagraph (1) of this Article V(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions,- plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder. (1) A board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those t\olO. In case of no a'greement - on' ~his- arbitrator - in- 10 days, the parties will join in a written request that the Chief Judge of the U. S. District Court for the Southern Dis- trict of Texas appoint the third arbitrator who, (as the "Im- partial Arbitrator") shall preside over the arbitration pro- ceeding. The sole issue to be determined in the arbitration shall be resolution -of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all rele- vant and material evidence on that .issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to jud icial rev iew as may be './ . e . e . ~ Industrial District Agreement - 9 available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas). Costs of the arbi tration shall be shared equally by the Com- pany and the City, provided that each party shall bear its own attorneys fees. (C) Should the provisions of Article II (B) of this Agreement become imposs ible of enforcement because of (1) the inval id i ty or unenforceabilityof the Texas Property Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979), or any relevant provision thereof, or (2) because of any material delay or failure to act on the part of the Harris County Appraisal District, then and in any of such events, all payme)1ts under this Agreement shall be governed by the provisions of Article II(A) hereof; anything to the contrary in this Agreement notwithstanding. VI. City shall be entitled to a tax lien on Company's above-described property, all improvements thereon, and all tang ible personal prop- erty thereon, in the event of defaul t in payment of -II in 1 feu 'of- taxes" payments hereunder, whiCh shall accrue penal ty. and interest in like_manner a2 _dgllnquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VII. Company agrees to provide to City at Company's expense, a survey plat and field note description of the land and improvements 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 of failure of Company to file either such petition, or such description, City shall have the right by notice in writing to Company to cancel and terminate this Agreement. e e ~ Industrial District Agreement - 10 VIII. 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 voluntar- ily 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 e Agreement or any extension thereof remains in force. IX. If City enters into an Agreement with other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more 'favorable - terms of such agreement or renewal agreement. e ENTERED TNTO-tnrs-15th day of August, 1979. . .\ \,. ". INTEROX AMERICA (COr-~P^NY ) " ATTES'I': , I "J.: By pe=;;;E/Lartn r oP ~\...~S..# raA IM!-"- Secretary. I By Soltex By: . e e e. \ .'. e Industrial District Agreement - 11 ATTEST: "". "\ .., \ ; I , t . \ . " ! I J . I: /, 1/ , , : L . . j 1 , ./ I.. r \ . . \ , , . , ; , .. " , I , , / , ~ ~ I I . " , '/ . /, '. ';, ' )1 ". " ' ,. .'. "1'" I, \ ~ 1,,: " " I I , , APPROVED BY COUNSEL: KNOX W. ASKINS, City Attorney 702 W. Fairmont Parkway P. O. Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 ATTORNEY FOR COMPANY . CI::LA P~R~ By' ~ -- J. J. Meza, Mayor .,~ . , , ?:::.-- ", - .~ . ~~ , ~J?7L(...t..-t:,.J City 'Commissioner J q 0?-d-~~.~ Ct Ci ty Comm. SSloner /-? - .>>L./ City Commissioner ----;:" c. d~~ City Commissioner ( Rev i see'! : 8-79 ) ( . I, , . . ' . . e NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARDITRATION ACT, ARTICLE 224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS S S COUNTY OF HARRIS S S CITY OF LA PORTE S INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF .' LA PORTE, TEXAS, a municipal corporation 'of Harris County, Texas, hereinafter called "CITY", and THE GOODYEAR TIRE & RUBBER COMPANY e , an OHIO 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 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- rndus..;- - e tries therein, and such policy is hereby reaffirmed and adopted by this City Commission as being in the best interest of the City and its citizens: and WHEREAS, Company is the owner of a certain tract of land more 'particu1ar1y described in the Deed Records of Harris County, Texas, at the following File and Film Code references, to-wit: That certain 75 acre tract of land located in the Richard Pearsall 1/3 League, Abstract 625, Harris County, Texas, being described in that certain General Warranty Deed dated March 31, 1978 from Big Three ,Industries, Inc., to The Goodyear Tire & Rubber Company, recorded on April 3, 1978, at File No F-539980, Film Code No 191-07-2341, more particularly described on Exhibit "A" attached hereto and made a.part hereof" (Revised: 8-79 ) . . . ~ Industrial District Agreement - 2 upon which tract Company owns and operates ' an industrial plant or contemplates the construction of an industrial plant(s): and WHEREAS, pursuant to its pOlicy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," and Ordinance No. 842, designating portions of the area located in its extraterri toria1 jurisd iction as the "Bayport Indus- trial District of La Porte, Texas," her.einafter. collectively. called e "District," such Ordinances being in comp1 iance wi th the f\1unicipa1 Annexation Act of Texas, Article 970a, Vernons Annotated Revised Civil Statutes of Texas; and WHEREAS, City desires to encourage the expansion and growth of industrial plants wi thin said District and for such purpose desires to enter into this Agreement wi th Company pursuant t~ 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 agreements of the parties contained herein and pursuant to the e authori ty granted under the Municipal Ar-mexation Act and the Ord i-- - nances 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 provi- sions of this Agreement, said District shall continue and retain its extraterritorial status as an industrial district, at least to the extent that the same covers the land described above and belong ing to Company and its assigns, and unless and until the status of said e land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to ~, . - . . . " . Industrial District Agreement - 3 e the foregoing and and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said land lying within said District and not now within the corporate limits of City, 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 pursuant to the later provisions tit 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, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control ove~ the conduct of business thereon; provided, however, it is agreed that Ci ty shall have the right to inst:j. tute 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 1Gcated- .wi thin - the corporate limits of City. e II. (A) A portion of the hereinabove described property has hereto- fore been annexed by City. Company has filed with City, coincident with the execution hereof, its petition to City to annex an addi- tional portion of the hereinabove described property, to the end that twenty-five per cent (25%) of the total value of the land and improvements hereinabove described shall be annexed to City. Com- pany agrees to render and pay full Ci ty ad valorem taxes on such annexed land and improvements, and tangible personal property. (1) For tax 'years 1980 and 1981, Company also agrees to render e and pay an add i tiona1 amount "in 1 ieu of taxes" on Company's land, improvements, and tang ib1c personal property in the un- '.. . e e e . II . e Industrial District Agreement - 4 annexed area to the end that Company's payment of taxes on the annexed area, combined wi th its payment of "in 1 ieu of taxes" on the unannexed area, will equal forty-five percent (45%) of the amount of ad valorem taxes wh ich would be payable to Ci ty by Company if all of the hereinabove described property had been within the corporate limits of City. (B) The Texas Property Tax Code (S. B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979) will be effective for 1982 and subsequent years hereunder. Under the terms of said Act, the appraised value for tax purposes of the annexed portion of land, improvements, and tang ible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said District has no authority to app"raise the land, improve- ments, and ~angible personal property in the unannexed area for the purpose of computing the "in lieu" payments here)Jnder. Therefore, for 1982 and subsequent years under this Agreement, the parties agree that the appraisal of the. land, improvements, and tangible personal property in the unannexed a"rea sharI 0 be ,- con-ducte-d - by - cl ty~ at City's expense, by an independent appraiser of City's selection. The parties recognize that _i~ _mak.ing ~uch. appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) land, improvements, and tangible personal property. Company agrees to render and pay full 0 Ci ty ad valorem taxes on such ~lnnexed land, improvements, and tang ible per- sonal property. . ( 1) For tax year 1982 and thereafter, Company also agrees to render to City and pay an amount "in lieu of taxes" on Company's , land, improvements, and tang ible peorsona1 property in the un- annexed area equal to forty-five percent (45%) of the amount of ad valorem taxes which would be payable to City if all of the hereinabove described property had been within the corporate , .' ( - '.. . ... ., .. . tit e' . EXHIBIT A FIELD NOl'ES OF A 7.8634 ACBE TRAC:' OF U11'D IN T1-::: ARTHlrn MC C::~~'::Ct.: , SURVEY. ABSTRACT 46, HA"::..~IS COUNTY, TEX-oiS A t:ract: ot lL"ld containing 7.8634 ac:'es out: of Soltex ?olj"'tler Corp. ?rc?~::-:: :'::l t:he Arthur McCor::1i.ck Survey, Abst:-act: 46 in Harris CC\:."lt:y, Texas. All ":)ec~_::.~s herein are Lebert Grid Bearings, based on Texas Pla.::.e Coordi::late S::"st.e::.. ~:''':-:~, Sout:h Cent:ral Zone, L'1d all distances are g:'ou.'1d dist.a:lces. 'Said 7. 8634 ;;.~::-:s is hereby described by metes and bounds as follovs: COMMENCING at a conc::"ete monur.ent vi th a Brass Cap st~ed uN. E. Cor. ':':':.c"; II, SOLTEX 1975", located at the intersection of the Sout~ line of ac~ton ti~t~~g and Pover Co..' s 75 toot vide right-of-vay, and the 'Jest line of Di a::on~ Shc.=.:-cc.1t Corporation property. Said corner is shovn on Soltex ?olj~er cap ~a:ked Z~-::5IT "13". draving No. 75-051 as the Northeast corner of "T?.AC'1' A" L'1d ba'.ri::lg Le:~ert Coord.i.nates ot X = 3,243,099.50, Y = 706,947.98; thence Sout;' 200 55' ::0" ~"est, along the West liZle ot said Diamond Shamrock Co%,?oration ?:'Q~ert1', a distc.::.ce ot 1224.24 feet to a ~oint; thence Sout~ 870 '32' 05" west, a o.:.sta.::lce of. 206.18 feet: to a stake for the Northeast and BEGlmtiNG corner of the 7.8634 ac:'e t::-ac":. herein described; , ~-"'" (' ., f' "~ -.. . .... I.....:""'.. /.. ,~....-......=-.,'."- '.' . ...~ . 0- '..ooJ' I~l .~,. ...~ ~.....~........ .... -- :... ,_~~~ \V, 'MS~hV.~ :; l..,l. ... ~.~. 9'7.....-;::j..:. \ . .7-. ...._ "...c. ...C...-~ ....c,O...r:-,.. "JO'{i;:.;-.::.~.:"r{ . . !U?"". G~ /(J. '/l~__ ~~"'-' ?au.l '.l. ;';ise:a..'1 Eegis~e::"e~ ?~blic Su.-,eyor #97 . ~~ 1.i It ~ Industrial District Agreement - 5 limits of City and appraised by City's independent appraiser, reduced by the amount of City's ad valorem tax on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. Nothing contained in Article II (B) (I) shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establish the appraised value of land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. e III. This Agreement shall extend for a period beginning on the 1st day of January, 1980, and continue therep.fter until December 31, 1986, unless extended for an additional period or periods of time upon mutu- a1 consent of Company and City as provided by the Municipal Annexation Act; prov ided, 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 agree- ment of Ci ty not to annex property of C~mpany wi thin -the- i5istric-t - . shall terminate. In .that event, City shall have the right to com- e mence immediat~ aD ne x. at. ion proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and pro- visions of this agreement, and in such event Company agrees that if the Texas Municipal 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 Ci ty to annex land belong ing to Company or imposes further obl igations 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 wi th the provisions of said' e Texas Municipal Annexation Act as the same exists' on the date of " e -- -.,/ ~ Industrial District Agreement - 6 execution of this Agreement. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between Ci ty and all of the owners of all land wi thin the District of which it is a part. In this connection, Ci ty hereby expresses its belief that industrial district agreements of the kind made herein are conducive to the development of existing and future indus- try and are to the best interest of all citizens of City and encour- age future City Commissions to enter into future industrial district agreements and to extend for additional periods permitted by law e 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. -IV. Company agrees to pay all ad valorem 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' pres-ently- fhe -rat-Ie of ad valorem tax assessment used by City is eighty per cent (80%) of 4It the fair market value of pr~p~r~y. Any_ch~nge in such ratio used by Ci ty 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, improvements, and tangible personal property, for tax purposes (e. g. , rend i tion, assessment, Board of Equalizatiop procedure, court appeals, etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and the amount of "in lieu of tax" payments hereunder, except as otherwise provided in Articles II and V hereof. v. e (A) In the event Company elects to protest the valuation for tax purposes set on its said properties by Ci ty or by the Harris e e e " e e7 . tit Industrial District Agreement - 7 County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to Ci ty 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 accord- ance with the foregoing provisions of this Agreement on the basis of rendi ttons \'lhich shall be timely filed by Company wi th City's Tax Assessor-Collector or with both the City and the Harris County Appraisal District (as the case may be) for that year. When the City or Harris County Appraisal District (as the case may be) valua- tion on said property of Company has been so finally determined, either as the result of final judgment of a court-of competent juris- diction 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. (B) 'Shou1d Company disagree wi th any appraisal made by the independent appraiser selected by City pursuant. to Article II(B) above (which shall be given in writing to Company), Company shall, within sixty (60) days of receiving such copy, give written notice to the Ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made. by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall. also submit to the City with such notice a written statement setting e e e e -- .0 Industrial District Agreement - 8 forth what Company believes the market value of Company's herein- above described property to be. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agree- ment as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as pro- vided in subparagraph (1) of this Article V(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad' valorem taxes on the annexed portionsi plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or 'submitted to City by Company hereunder. (1) A board of Arbi tra tors shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement- on" .th-is -arbi t-rator- 1h- 10 days, the parties will join in a writt~n request that the Chief Judge of the U. S. District Court for the Southern Dis- trict of Texas appoint the third arbitrator who, (as the "Im- partial Arbitrator") shall preside over the arbitration pro- ceeding. The sole issue to be determined in the arbi tration shall be resolution -of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in questi,on. The Board shall hear and consider all rele- vant and material evidence on that .issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and bind ing . upon the parties, subject only to jud icial review as may be e . e " ~ e . e Industrial District Agreement - 9 available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas). Costs of the arbi tration shall be shared equally by the Com- pany and the City, provided that each party shall bear its own attorneys fees. (C) Should the provisions of Article II (B) of this Agreement become impossible of enforcement because of (1) the invalidity or unenforceability of the Texas Property Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979), or any relevant provision thereof, or (2) because of any material delay or failure to act on the part of the Harris County Appraisal District, then and in any of such events,. all payments under this Agreement shall be governed by the provisions of Article II(A) hereof; anything to the contrary in this Agreement notwithstanding. VI. City shall be entitled to a tax lien on Company's above-described property, all improvements thereon, and all tang ib1e personal prop- erty thereon, in the event of default in payment of -"in'lreu -o"f - taxes" payments hereunder, which shall accrue penalty and interest in 1ike_ mann~Ji! _d~ljnquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VII. Company agrees to provide to City at Company's expense, a survey plat and field note description of the land and improvements which Company pet~tions 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 of failure of Company to file either such petition,. or such description, City shall have the right by notice in writing to Company to cancel and terminate this Agreement. r~ e. . ~ tt Industrial District Agreement - 10 VIII. 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 voluntar-, i1y 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 4It Agreement or any extension thereof remains in force. IX. If City enters into an Agreement with other landowner .with respect ,to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement .is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and"its assigns shall have the right to amend this Agreement and City agrees to amend same to emsrace-th~ mor~ favorabl~ terms of such agreement or renewal agreement. e ENTERED INTO as of the 3Ot;h- day of November, 1979. THE GOODYEAR TIRE & RUBBER COMPANY Byd.-Ld~ T H Barrett Executive Vice President ATTEs'r: .~ e J Davies istant Secretary , . .. . . . 4It Industrial District Agreement - 11 CITY OF LA PORTE By- /W _ _ J. J. Meza, Mayor \ ~ ATTEST: ~ y-;JiMdL elt C!e k- .., .,..... \ \, \\ I " \ " 1)/" \, \ ....( I ,.\ , '///" ,If " \)~ "oJ"'. <( ), ,. . 'J ' J ~ '/. .. I . ,. I I ,,\. J' , . I ,,', \" .. ,. '-" ) ". I . '. , ., "" >> ,. ; " ) , " ( ~ " . ~.: ~ ""......... \ :~ " ....('\, ; '1 ;'{' ... vi : \ :'.". 71} '. " \ , '} '/ " , \' h'/ / ,) '.))).).,>> I. '" I} /1/ l' \' \\'~ . '\ ..1 , , \\\\'" .,'" J)'J~ Clty Comm ssioner e .,..,., /' City ..---:- C ~ ~ . /.. ~ . City- Commissioner - APPROVE_Q BY CQ!.U'i$IL:_ _ KNOX W. ASKINS, City Attorney 702 W. Fairmont Parkway P. O. Box 1218 La Porte, Texas 77571 Telephone: (713) 471-1886 (J/'~~ ffORNEY FOR CmlP NY e (Revised: 8-79) .-.-------.. ... , . .,.,...---. EXHIBIT A e, 75 acres of land in the Richard Pearsall 1/3 League, Abstract No. 625, Harris County, Texas, more particularly described as follows (All bearings being referred to north on The Texas Plane Coordinate System, South Central Zone): BEGINNING at an iron rod located at the intersection of the south line of Fairmont Parkway 250 feet in width with the west line of Bay Area Boulevard 150 feet in width; THENCE S. 10 00' 45" E. 2182.7 feet along the west line of Bay Area Boulevard to an iron rod in the north line of the Houston Lighting & Power Company right-of-way as described in deed recorded in Volume 7146, Page 375 of the Harris County Deed Records; THENCE S. 870 25' 45" W. 1159.1 feet along the north line of said Houston Lighting &' Power Company right- Of-way to an iron rod; THENCE S. 870 25' 15" w. 343.19 feet along the north line of said Houston Lighting & Power Company right- of-way to an iron rod; THENCE N. 10 00' 45" w. 2168.32 fee~ to an iron 4It rod in the south line of Fairmont Parkway; THENCE N. 860 52' 45" E. 1502.75 feet along the south line of Fairmont Parkway to the PLACE OF BEGINNING. .. . 00, . . '. I,.' . ..~ ", :" .' : ..,~ '". . ;..... t..... - .. e . . . ;;;2~ X:?:T'};';;i :;~t:~':j;.;;;J'.:: .' " ,,~.: ::'_":':; ~":'-;" , - .' :" . .. ". -" ...... '., . ...... :. . ..... : :....~.. . ".' .' .. .. . -. . . . . . . '.~ .:'; ~.....: . ~'. ~ .". ,', .... .... 0' , .., .. i~~+3~f~~~;~:' :~< :.::;'.~.:~~:: :', . . . . '._"~:',"~}~':~'I.:......:'--:-'':'::.::... _'t ...........:.. .=.~.:'...:'.:....' ._.... " , ................. ...,..... M ......... ,- ..... "0 .' .... ........_ . t..... ,p....... ,.~...'. "'. J .... . e ", .. ,f,~~~::~~'~Z~~j1t::2;tt~;<::~;?,~~~;~.:'.\~1t{t~;:~~y'!~:;~::tj.~1~:I~::~ ..--; -.0:--------..---.. - ... .- 'C....." ....:~ eo. e NOTICE: THIS CONTRACT IS SUBJECT TO ARBITRATION UNDER THE TEXAS GENERAL ARBITRATION ACT, ARTICLE 224, ET. SEQ., REVISED CIVIL STATUTES OF TEXAS THE STATE OF TEXAS S S COUNTY OF HARRIS S S CITY OF LA PORTE S INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and SOUTHWEST CHEMICAL SERVICES INCORPORATED e , a Delaware 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 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 indus- tries therein, and such policy is hereby reaffirmed and adopted by e this City Commission as being _ilJ the be$t interest of the Ci ty_ 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: EIlI.:t+ "A to e (Revised: 0-79) .,~ ~. ~ 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 portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas," and Ordinance No. 842, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Indus- e trial District of La Porte, Texas," hereinafter collectively called "District," such Ordinances being in compl iance wi th the z"iunicipal Annexation Act of Texas, Article 970a, Vernons Annotated Revised Civil Statutes of Texas: and WHEREAS, City desires to encourage the expansion and growth of industrial plants wi thin said Distric;:t and for such purpose desires to enter into this Agreement wi th Company pursuant to Resolution adopted by the City Commission of said City and recorded in the or~;cial minutes of said City: Nrn~, THEREFORE, in consideration of the premises and the mutual agreements of the par~ies contained herein and pursuant to the e a.uthori ty gran-eetr-undel"" the Municipal Annexation Act and the Ord i- nances of City referred to above, City and Company hereby agree with each other as follows: I. Ci ty covenants, agrees and guarantees that during the term of this Agreeme~t, provided below, and subject to the terms and provi- sions of this Agreement, said District shall continue and retain its extraterri torial status as an industrial district, at least to the exten t that the same covers the land described above and belong ing to Company and its assigns, and unless and until the status of said e land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to e ," -~.~ -- e Industrial District Agreement - 3 the foregoing and and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said land lying wi thin said District and not now wi thin the corporate 1 imi ts of Ci ty, 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 pursuant 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, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon: prov ided, however, it is agreed that Ci ty 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. e II. (A) A portion of the hereinabove described property has hereto~ fore been annexed by City. Company has filed .with City, coincident with the execution hereo-f', its petition to City to annex an addi- tional portion of the hereinabove described property, to the end that twenty-five per cent (25%) of the total value of the land and improvements herein,above described shall be annexed to City. Com- pany agrees to render and pay full City ad valorem taxes on such annexed land and improvements, and tangible personal property. (I) For tax years 1980 and 1981, Company also agrees to render e and pay an additional amount "in lieu of taxes" on Company's land, improvements, and tan<J ible personal property in the un- '. l:~,~;.. '. . 4It Industrial District Agreement - 4 annexed 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 forty-five percent (45%) of the amount of ad valorem taxes which would be payable to Ci ty by Company if all of the hereinabove described property had been within the corporate limits of City. (B) The Texas Property Tax Code (S. B. 62l, Acts of the 65th Texas Legislature, Regular Session, 1979) will be effective for 1982 and subsequent years hereunder. Under the terms of said Act, the e appraised value for tax purposes of the annexed portion of land, improvements, and tang ible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said District has no authority to appraise the land, improve- ments, and .tang ible personal property in the unan.nexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, for 1982 and subsequent years under this Agreement, the parties agree that the appraisal of the land, improvements, and tangible - personal property in the unannexed area shall be 'conducted by City, at City's expense, by an independent appraiser of City's selection. e The par_ties r:e..co.g.ni.z..e _that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) land, improvements, and tangible personal property. Company agrees to render and pay full. Ci ty ad valorem taxes on such annexed land, improvements, and tangible per- sonal property. .( l) For tax year 1982 and thereafter, Company also agrees to render to City and pay an amount "in lieu of taxes" on Company's land, improvements, and tang ible personal property in the un- annexed area equal to forty-five percent (45%) of the amount of ad valorem taxes which would be payable to City if all of the e hereinabove described property had been within the corporate .- 'looJ......;- . . ~ Industrial District Agreement - 5 limits of City and appraised by City's independent appraiser, reduced by the amount of City's ad valorem tax on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. Nothing contained in Article II(B) (l) shall ever be construed as in derogation of the authority of the Harris County Appraisal District to establish the appraised value of land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. e III. This Agreement shall extend for a period beginning on the lst day - of January, 1980, and continue thereafter until December 3l, 1986, unless extended for an additional period or periods of time upon mutu~ al 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 addi tional ~:eriod or periOds of. time on or before August 31, of the final calendar year of the term hereof, the agree- . - - - - - - - - - - --- ment of Ci ty not to annex property of Company wi thin the District shall terminate. In that event, City shall have the right to com- e mence immediate annexation pr~ceedings as. to.all of Company's property_ _ covered by this Agreement, notwithstanding any of the terms and pro- visions of this agreement, and in such event ~ompany agrees that if the Texas Municipal 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 e shall be then determined in accordance wi th the provisions of said Texas Municipal Annexation Act as the same exists ..on the date of (~. .'loo.o..:O-,' ;8 e Industrial District Agreement - 6 execution of this Agreement. This Agreement may be extended for an addi tional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between Ci ty and all of the owners of all land wi thin the District of which it is a part. In this connection, Ci ty hereby expresses its belief that industrial district agreements of the kind made herein are conducive to the development of existing and future indus- try and are to the best interest of all citizens of City and encour- age future City Commissions to enter into future industrial district e agreements and to extend for addi tional periods permitted by la\'l this Industrial District Agreement upon request of Company or its assigns: provided, however, that not~ing herein contained sha.ll be deemed to obl igate either party hereto to agree to an extension of this Agreement. IV. Company agrees to pay all ad valorem taxes, and all."in lieu of taxes" payments hereunder, to City on or before December 3l of each year during the term hereof. It is agreed that presently the ratio of ad valorem tax assessment used by City is eignty per cent (80%) of e the fai~ market-vakue ~f property. Any change in such ratio used by Ci ty shall be reflected in any subsequent computations hereunder. This Agreement shall be subject to all provisions of law relating to determina tion of value of land, improvements, and tang ible personal property, for tax purposes (e.g., rendition, assessment, Board of Equalization procedure, court appeals, etc.) for purposes of fixing and determining the amount of ad valorem tax payments, and the amount of "in lieu of tax" payments hereunder, except as otherwise provided in Articles II and V hereof. V. e (A) In the event Company elects to protest the valuation for tax purposes set on its said properties by Ci ty or by the Harris e e . e . Industrial District Agreement - 7 County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to tak~ 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_~y Company to City in accord- ance with the foregoing provisions of this Agreement on the basis of renditions which shall be timely filed by Company with City's Tax Assessor-Collector or with both the City and the Harris County Appraisal District (as the case may be) for that year. When the City or Harris County Appraisal District (as the case may be) valua- tion on said property of Company has been so finally determined, either as the result of final judgment of a court of competent juris- diction or as the result of other final conclusion of the controversy, then wi thin thirty (30) days thereafter Company 'shall make payment to City of any additional payment due hereunder based on such final e valuation. (B) Should Company disagree wi th any appraisal made by the independent appraiser selected by City pursuant to Article II(B) above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice '" to the Ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made' by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting ... . . ~ Industrial District Agreement - 8 e forth what Company believes the market value of Company's herein- above described property to be. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agree- ment as to the market value of Company's property for II in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties ~gree to submit the dispute to final arbitration as pro- vided in subparagraph (l) of this Article V(B). Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the lIin lieu" 'payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder. (l) A boaJ:"d of Arbitrators shall be created composed of one person named by Company, one by Ci ty, and a third to be named by those two. In case of no agreement on this arbi trator in- - 10 days, the parties will join in a written request that the Chi~f Jud....9L..of_ t,hg, u. S. District Court for the Southern Di s- trict of Texas appoint the third -arbitrator who, (as the "Im- partial Arbitrator") shall preside over th~. arbitration pro- ceeding. The sole issue to be determined in the arbi tration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the .. in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all rele- vant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be e e '. e e '. e 4It Industrial District Agreement - 9 e available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised Civil Statutes of Texas). Costs of the arbitration shall be shared equally by the Com- pany and the City, provided that each party shall bear its own attorneys fees. (C) Should the provisions of Article II (B) of this Agreement become impossible of enforcement because of (I) the invalidity or unenforceability of the Texas Property Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979), or any relevant provision thereof, or (2) because of any material delay or failure to act on the part of the Harris County Appraisal District, then and in any of such events, all payments under this Agreement shall- be governed by the provisions of Article II(A) hereof: anything to the contrary in this Agreement notwithstanding. VI. City shall be entitled to a tax lien on Company's above-described property, all improvements thereon, and all tang ible personal prop- erty thereon, in the event of defau"l t in . payment - o-f - ''-in -lie-u - c5f- taxes" payments hereunder, which shall accrue penal ty and interest in like manner as delinquent. ~a_xes, and_ \"h~ch shall be _ collectible_ _ by City in the same manner as provided by law for delinquent taxes. VII. Company agrees to provide to City at Company's expense, a survey plat and field note description of the land and improvements 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 iimits of La Porte. In the event of failure of Company to file either such petit jon, or such description, City shall have the right by notice in writing to Company to cancel and terminate this Agreement. - e. . ~ Industrial District Agreement - lO VIII. 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 voluntar- ily 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 .e Agreement or any extension thereof remains in force. IX. If City enters into an Agreement with other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace-the more favorable terms of such agreement or renewal agreement. e ENTERED INTO this 15th day of August, 1979. SOUTHWEST CHEMICAL SERVICES INCORPOWb~PANY) BY~~~ ". harles P. Lewis, Vice President-Finance ~:rTES'l' : seci"!1~(- I~ ' . . ~'. . ~ Industrial District Agreement - II CITY OF LA PORTE '~ I B Y -=::::=: J J. J. Mez~, ~ayor ATTEST: ,~~ (I)t[~~/ (Cl. ty C rk "\..,, \\ \ , , 'J \ I \ "..(, , ,\ I I I .111 . '~\ ,,,,,, 'I,,', . ....... \ .' J .. ). t, ( iJ :' .--,' ... C:>.' "".~: , I . I , ,. J ) \ . / I ,. I" , . .. - ( .' . .: ; "~.'-C\"\ :. "J '.) ) " \ , 1'"'\' , .,) . ) I "', . 'I · . ',.', .t 1,,\ ,'." , 'I / ,}')))) I' ))1, \ . II, '{,i'},' I' \\\" '\, ' , . ,\\. ." . . '\" , . ' ~tf'/ Comml.ssl.oner e &.~ ~~~ Clty Commi sioner ~/'"' ./ .. (_ C../'. ,~~~~ City Commissioner e APPROVED BY COUNSEL: KNOX W. ASKINS, City Attorney 702 W. Fairmont Parkway P. O. Box 1218 La Porte, Texas 7757l Telephone: (713) 471-1886 ~ ':i-~~_ ATTORNEY FOR COMPANY - ( Rev i sed: 8-79 ) .........,: ,-.......;. .;~'"'.~,;>"""'>'-_..~..r ..' ':1'.-J..:;''''.'~'"'''''''''''.'';;' ,. ~.:.~.:-'r... -'.. ........ e a .t1t..~~~Il~~f~-~~~~~~~~~:J.~~.~"...~~I~~$~~~f.\~~,:;.:~..t..::.~:ll~~f;.;..~:':~:.l~~..~:.,;..-..~..:.:..: ..... .,',":..;.:::.,. ~,';."~'~"~"'{:rf;I~.'~:J':'.' ....:. .....:...-.'.. ~,I."~",:, ....~ ..~:......~. \"".:..' ...... " '.' \" '. .... -:r: ~'T"u".; ......... .... ...:.... :,:,~-:,,:-""':_',,'~';~:":"......:-"":-:"'~!';':' ,',.. ..;':'~:--="'~';:i~,,~:'.a'" ..... .....;. ...-:....__~.." .~~... ..~~~:.,~.:r.::..~~:.........:..~.,..::l"~<:. .:...~,.....!:.....;.::.~~~."..1-i!)..~_ ~ .e. e . , EXHIBIT "A" TRACT I-A 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 aI, by deed dated November 10, 1941, recordp.d inVolumc 1196, Page 725, of the D.eed Hccorc.15 of I1a.rri5 County, 'l'ex.:ls, suid 10 acres being more particu1~rly dc~cribed uS fol10w~: CO~~ffiNCING at an iron pipe ~n the south line of Lot 21 in said subdi- vision located West 304 feet from the southeast corner of said Lot 21, said pipe being also at the southwest croner of an 8.504 acre tract. conveyed by E. J. Klein, et aI, to the Houston Lighting and Power Company by deed dated July 29, 1953, and recorded in Volume 2643, Page 151, of the Deed Records of Harris County, Texas; THENCE ~l. 0 deg. 07 min. W. 41 feet along the west line of said 8.504 acre tract to an iron rod at the PLACE OF BEGINNING: - - - - - e THENCE tl. 0 deg. 07 min. W., 790 feet along the west line of said 8.504 acres and the west line ~f an easement granted to the T. & N. o. R. R. Co. by the Houston Lighting an~ ~o_wer .Company, to an iron rod iI} the south line of Strang Road based on a width of 60 reet; THENCE West 551.39 feet along the south line of said road to an iron rod; THENCE S'. 0 deg. 07 min. E. 790 feet to an iron rod; THENCE East 551.39 feet to t~e PLACE OF BEGINNING. Pig . . e EXH/1317 If II ,., ~, The Ialld rcrcrlt'd III ill this !",Iicy is ill ('1I11111\', Tl",as :11I.1 j,. ck\t'Iih''';I\ 1'1'1/'1\\ ~ II; no d. :-; (Tract l-^) Tell (1.0) :Jcres of LlIld nut or :lnd p:lrt of Lots 21 Clnd 22 of the Str:lngc SlIhJivision 1n the EJll1C'.h Brin;,on Survey, ^hstr:1ct 5, located in l1:lrris County. TCX.:1f;, nccord-Lng to .the map or p1.L1t thereof recorded in VolullIc 75, P:Jgc 22'of the Deed Hcconls uf \Iarri~ County, Texas, S^VE AND EXCEPT: .1 0.003 ncre tract conveyed to the State of Texns, said property heing morc particularly dc~cribed in deed filed under Harris County Clerk's File N;. C-21,0383, and Cl150 being recorded in Volume 6226, PClge 228 of the Deed Record8 of lI.:1rris COllnty, Te;-::J8. <Jnd being 1lI0re particularly descd bed by metes and hOllncl8 in Exhibit "^" ntt<Jched hereto and m.:1de n part hereof: e (Trnct I-B) ^ trnct of 1.:1I1d beinp, 0.711, :1cre out of the Enoch Bringon Survey, ^hs tr:lct 5, lI:n:-ris, COllnty, Texas and being more particu1\lrly described by mete's i1l1d bounds on Exhibit "^" attached hereto and made L1part hereof: - e (Trac t I-C) ^ tri'lct of lnnd cant., i.ning 0.11303 acres out of Lots 21 .:1nd 22 oE the Strang Subdivision in the Enoch Brinson Survey, ^bstract 5,";111 <lc1dition in II<lrri.5 County, Texas, according to the map or plat thereof recorded in Volume 75, PClge 22 of the need necords of Harris County, Texas, and being more pnrticularly d(~scribed by metes and bounds on Exhibit "A" attached hereto and mcl<le a pi:lrt hereof: ." . .,.. ......) ,/J /;,;P? k)'"' . /1/4' .- '~I / .." ,. .'/ /. ./ I.... /" /:~:. Tl"\~' (~\\ 11I"r 1,".'I,i~r \,:",,1 r ,':i'" If ~I h, .\:rl.: 11 "/ld ,.....;, .:......""'O:<'~,.;:*.....:...~.,;..r....... '.' ~.~....~,!...... ''''''-'o.V''';:'' . ,... ....~\...-.....f'... -. . '.. ," e - '~~':~~~;.i\.~f-!~J;:t~~~~'ll~~4~;-:~~~~fi.]~';~~\~~""~X*~".c ~ ,:'~i~..~;\;..~~:-",~:'~'~~""'"F~~.....:.,;.:""..~'." ..........~..<;. :,:;.:._:..~..::...",..:...':"i~1i./::-':i~:j~.. ~ < . ....: ::. .t." ';'l ....;..".. ..'i~.". "~""'.' ......- '. . ...... :.."". ~...~. :::"." .~. -:. '..:,:.,;:: ,:,~"':.'.': ,..:.. .,....:. ,~...: .,:.,., .' .... .;; -:,....'~,...~ ./.-:., .' . ",. . ,... ",' . ...-:......,' ..., ..... - '.~ .:.';-' "": ...;. .......;. . :::.;.:.: '. .:; ':........ '.~ :-~,/l:i!(~- . " ., e EXHIBIT "A" . 'T1t4-\.1 , - l3 BEING a 0.714 acre tract of land out of an 'J 822.154-acre~~act of-rand-Gcscribed in deed dated j.1arch 29, 191111, f'rom H. C. Coc1-:burn to E. I. du Pont de Nemours and COQpany,' ~ecorded in Volun~ 1318; paGe 364, Harris County Deed Records, said O. 711j acre ,tract of land beiDS no~e particularly described as follows: , . BEGINNING at the ooint. of intersection of." the north line of said 822:15q-2c~c t~act ,of land with' the northeasterly line of the right of way ot Texas State High\'12Y No ~ 225 as estC'.blishecl by deed d'atcd June 3, 1966, t:!.Rd r~cord~d in Volu:Ti~ 61'51, p~Sc 115, Harris County Deed H~corc1~, ~t'..id po:!.~t h~:iI1r; marked by a SIB-inch iron rod, and running thence , . .~.. .In an east~rly direction along.the north line of said 822.15~-acre tract' or land, a distance or Q15.50 feet to a point for' corner in the west line of' a.1IO-foot ,.:lde easer.:ent g'r2.nted to Houston Lighting & Power'Co~~any by docu6ent dated June 6~ 1966, and recorded in'Volu~e 7033= pa~e 19.7, Harris County Qeed ~ecords; ~h~~ce .- . e .... S'out"n '):--0 1':)1 ~Ol! ':'~'.." ~'or.- "'n"" '."st I-1n'" .. l '- \J v..~ "-"c...-.J '"' ""'""_ ....1"'..... \"..._ .._ __ of sa1d Hu~ston I..i~:lti:1;; & ?o",~:-' Co::-;~a:1yts l'lO-foot \'11-cle eascr.:~~ a -di5'~:!.:lC~ of 14~. 72 feet, to a !101nt . ror ccrn~r in th0 ~orth~~~~e:-ll line of the ri~ht o~ "ay of T""'~s C::-""l':"> ;~,."'n""'l" \!O ....,5. t'nnn-no .' ", \,,; ........ ....""'......c ....La. ..........'" :. .a ,..... _ \..\.. .' . north 700 13' 12" \'lest along said north- easterly line of the r'lght of "lay of Tey.a~ State Highway No. 225 a distance of 442.43 feet to ~he point an~ place o~ be~innlng. .0/td .;/~ .. I . , I , . e \' Ii': I- . 't.( .e.;.... . .1- I'!.', . \+J \ i \ I ; I ., , : I ,- J I - ! , ,...f ..~ '.:" ......~-:"'.=..: ';":'";~-"aJ.lW.... ~~.Jo.1,_",,,-'a. j.;.......!_...~......~..:,~'^..lI........ ...'h...........-r...,;, .. . . '.. .....a. .~. . ". . ,'. .....~.. ,.. :,,-. . ....:X.4'...."':...~11...i~;.{p;..~7.:.;.~...,.~~::,;.....::..::...,. :..~.........:.:. :.;..:::. :.,:,::.-;",.:. :~..!.t":'.-::'-'''I.. "'. ~ .....;:'''~,;;,.:.)j!r.~~~l?t*/~~~.<-.~.';:.'!:~~~:'i'';'I-~t:~;(~.'<i!'l~-.;;~. '. ,'. ~, .' , . ,.. /1;'r~..;;a~:*!1.~:---."':' . ,~.. . _ "'~ :..... . . . . "., ..'-:::' ).' '..;.."' ~"" i.':" ", :...., . ..~.. 'I. .' . . '...... . -. :.":-:-="'~'/ ~:.'i' .......~.. ..... -;' . .-..... ..;...... ~..'. ".~: -.:.: t":';: .........:...::..:..t:..::" .:. ".::.:::.+ ....\:. ':!J!~.~_ . . :,,". ':. ::=' .:.,..":... ": .. 6-:;"-' ...... ", :..-; t7 : ::.,.-:-' 00":.:..".: :iOO::..:--....-:. ~-;...:....:.~: , " , - . . .0 -, EXflIDIT "}\" II(.~cr I - <- . . , Tract of land' consisting of 0.4304 acres be:tnr, out 0:( Lo b; 1\~lcl1 t~'-(\IH' (21) "nd TIVcn ty~ tw 0 (22) of tile. :; tr "I;-~ SUbd i \' is i 011, a" I'"r Ina P or i Jl" ., of said subdivision recorded in Vol. 75, Pi;. 22, of the Deed Records ( H:t:A:"ris County, Texas,' in ~he Enoch Briz:tson Survey, Abst. #5, in,}farr.i~ County, Texas, and more particularly described by metes and bounds as [0110i\'s: . , . . BEGIN'XING:\t:J. ooint for corner'on the. i{o'rtheasterly line. of State. Hi!:'h''\''ay 225, 370.00 feet wide, said bcg-illnin~ 'corner be ing located S 65 deg. 5"5' 03" E, n distance of 231'1. 78 ;feet, from " :l inch iron r,' ' JI1:J.rking the intersection of the ~;orthe:lst9~l)" .lj.n~e _o.f -S.t:\.te -lIi~Jn",r~'-22 370.00 ~eet wide, arid the South lirie of Strang Road, 60 feet Wide; THENCE S 69 de~. 551. 03",~:EJ ~lon~ th.c N'orthc::!.sterly line of State. Hi~hw:J.Y 225,' 370.00 :fec,t wide';' a distance of 119 ~~O feet to a point :fo corner on the South line'of the aforesaid Lot 22, on the South line q,i . Str"ll~ Subdivision; _ . _ . . . ' 1::8' 57" :E 'alonrr the South line of Strang- Subdl.v~-, .- .,..r~NCE S S 9 cleg.. ~ co . . n ~~ dist::mce of 401..22 feet to a. point for corner; t t' . ..J- f ; ~.i).o I 06' 05" 'Ill a dJ.st2.nce of 41.00 fee 0 a pOJ..n \- or. TIrENCE N O. deg. I, I " . .' I <:ornerkEliCE N 89 dcg. 58' 57" W, a distance of 513.39 feet to PLACE OF; BEGINNING. . ~9 ,/ -- ..,. . .