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Home My WebLink AboutRES 76 109tDq R E S O L U T I O N WHEREAS, the City has by Ordinance No. 69-20 established the City of Beaumont Industrial District No. 7; and, WHEREAS, the City of Beaumont.and the Goodyear Tire & Rubber Company desire to enter into an industrial district agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he.is hereby, authorized to enter into and execute an agreement with Goodyear Tire & Rubber Company, a copy of which is attached hereto as Exhibit "A", and the City Clerk be, and he is hereby, authorized to attest to same and to affix the Seal of the City thereto. PASSED BY THE CITY COUNCIL of the City of Beaumont this the, --'23&2L— day of 1976. - Mayor - -7 �O �. ✓ "•.gid` INDUSTRIAL. DISTRICT AGREEMENT THIS AGREEMENT is entered into by and between the City of -Beaumont; Texas; hereinafter '-referred- to" -as - "CITY -'arid the Goodyear Tire and Rubber Company, a corporation, herein- after referred to as "COMPANY": W I T N E S S E T H: WHEREAS, the Municipal.Annexation.Act, Article 970a, Vernon',s Annotated Civil Statutes of the State of Texas, ex- pressly provides for the establishment of industrial districts by municipalities within their extraterritorial jurisdiction, and, WHEREAS, the CITY has by Ordinance No. 69-20 established an industrial district comprising a certain part of the extra- territorial. jurisdiction of the CITY; such industrial district being known as the City of Beaumont Industrial District No. -7; and, WHEREAS,.CITY and COMPANY entered into an industrial .district agreement pursuant to said Municipal -Annexation Act, said agreement being,for a term of -seven (7) years ending on the 31st day of December, 1975; and,, WHEREAS, CITY and COMPANY desire to enter into a new industrial district agreement pursuant .to said -Municipal An- nexation Act,.on the terms and conditions as herein set forth; NOW, THEREFORE, -in consideration of the premises and mutual covenants -herein contained, and other good and valuable consideration, the receipt and .sufficiency of- which are hereby acknowledged, and by authority granted under the said Municipal Annexation Act, COMPANY and City do hereby agree as follows: I. THIS AGREEMENT shall be for a term of seven (7) years beginning on January 1,. 1976,and ending on the 31st day.of [_�>- -7 6 -L- a 3 __-Z3 __/ 9 -) Ii. The CITY Hereby agrees that all of the land and im- provements- thereof--owne-d; - used,-occup-ied,--leased,--rented -- or - - possessed by COMPANY within the City of Beaumont Industrial .District No. 7 shall continue its extraterritorial status as an industrial district, and shall not be annexed.by the CITY during the term of this agreement, or any renewal thereof. The CITY further agrees that during the term of this agreement, there shall not be extended or enforced as to any land and property of COMPANY within said City'of Beaumont In- dustrial District, any rules, regulations, or any other. actions: (a) seeking in any way to control the plating and subdivisions of land,.(b) prescribing any buildings, electrical, plumbing or inspection standards or general application as to specific building --(c)---attempting-to--regul--ate- or con- trol in any way the conduct of COMPANY'S activities,.facilities, or personnel thereon. COMPANY agrees -to pay to the CITY during the term of this agreement the amounts hereinbelow indicated relative to the respective years and payable as herein -indicated, to wit: Year 1976 - The total sum of TWO HUNDRED SEVENTEEN THOUSAND TWO HUNDRED AND N0/100 ($217,200.00) DOLLARS payable in three (3) equal payments of SEVENTY- TWO THOUSAND FOUR HUNDRED AND N0/100 ($72,400.00) DOLLARS each, said pay- ments being due and payble on or before the 31st day of March, 1976, the 30th day of June, 197.6, and the 1st day of September, 1976. Years 1977 1982 - The total sum of ONE HUNDRED EIGHTY ONE THOUSAND THREE HUNDRED AND N0/100 - ($18-1-,-3 00. 0-0)—DOLLARS -each--y-ea-r- payble----= .--- in two (2) payments of SIXTY THOUSAND FOUR HUNDRED THIRTY THREE AND N0/100 ($60,433.00) DOLLARS each, said payments being due and payable on or before the 31st day of March each year and the 30th day of June each year and one (1) .-.-..-... .. ...L .ter nTvmr mrt �rTn-n •.rr.�rr rrt�r rrr Such payments shall be accepted by the CITY in satis- faction , and.as payment in full of any and all ad valorem taxes--which-might--be- due-CI_TY_for-__.COMPANY'_S --property located -- - within the City of Beaumont Industrial District No. 7. IV. If any other municipality attempts to annex any land or property located within the said City of Beaumont Industrial District No. 7,. which is owned, used,.occupied, leased, rented or possessed by COMPANY, or, if 'the incorporation of any new municipality.should be attempted .so as to include within its limits of such land or -property, the CITY shall, with the cooperation of COMPANY, seek injunctive relief against such annexation or incorporation, and shall take such legal action as may be necessary or advisable under the circumstances. The .cost_of__such_legal_._a.ction_shall__be._bor.ne_ equally_by__the_parties. hereto, provided -however, the fees of any special legal counsel retained shall'be paid by the party retaining same, unless otherwise agreed. In the event CITY and COMPANY are unsuccessful in defending against.such attempted annexation orincorporation, COMPANY shall have the option of terminating this agreement, retroactive to the effective date of such annexation or incor- poration; provided, however, that the option of terminating this agreement shall be exercised within thrity (30) days after judgment upholding such annexation or incorporation shall have become final and all appellate review, if any, has been exhausted. V. It is understood and agreed that during the term.of this agreement or any renewals thereof, the CITY shall not be re- quired to furnish any municipal services to COMPANY'S property located within the City of Beaumont Industrial District No. 7; VI. The benefits accruing to and obligations assumed by COMPANY -under -this .contrac.t.shall._also extend to COMPANY'S "affiliates", and to any property owned; used,• occupied, leased, rented .or possessed by said "affiliates" within the said City of Beaumont Indsutrial District No. 7, and where reference is made herein to land -and property owned by COMPANY, that shall also include land and property owned by its "af- filiates". The word "affiliates" as used herein shall mean all corporations, partnerships, firms or other business enter- prises in which COMPANY directly or .indirectly through one or more intermediaries, owns or controls fifty (50%) percent or more of the stock having the right -to vote for the election of directors. VII. In the event COMPANY fails or refuses to comply with all or any of the .terms, conditions.and obligations herein im- posed upon the COMPANY, then this agreement may, at the option of the CITY, be terminated, or the CITY May—elect to -sue--to recover any sum or sums remaining due hereunder or take any other action which in the sole discretion of the CITY shall be deemed best and most advantageous to the CITY. In the event the CITY elects to sue to recover any sum due under this agree- .. ment, the same penalties, interest; attorney's fees, and cost of collection shall be recoverable by the CITY as would be collectible in the case of delinquent ad valorem taxes. In the event the CITY breaches this agreement by annexing or attempting to pass an ordinance annexing any of the affected area, COMPANY shall he entitled to enjoin the CITY from the date of its breach for the balance of the term of this con- tract, from enforcing any annexation ordinance adopted in in violation of this contract. If COMPANY elects to take this remedy, then so long as CITY specifically performs its contract obligations, under injunctive order or otherwise, COMPANY shall continue to make the.annual payments as required by this contract. If in any calendar year during the term of this agree- ment CITY receives any payment of .ad valorem taxes or payment in lieu of taxes from Texasgulf, Inc. or its successors or assigns covering real or personal property located in the exist- ing City of Beaumont Industrial District No. 2, created by Beaumont Ordinance No. 69-2 dated January 14, 1969, COMPANY shall receive a credit against the payment due CITY under paragraph III of this agreement for .the calendar year in which such payment by Texasgulf, Inc. is received in an amount equal to 6.60 of such payment received from Texasgulf, Inc. X. This agreement shall inure to the benefit and be binding upon the CITY and COMPANY, their successors and assigns: IN WITNESS. WHEREOF, this.agreement is executed in duplicate on the day of 1976. ATTEST: City Clerk ATTEST: CITY OF-BEAUMONT, TEXAS BY: City Manager GOODYEAR--TIRE--AND RUBBER--COMPANY--- BY: