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HomeMy WebLinkAboutRES 76 110WHEREAS, the Cityhas by Ordinance No. 76-36 created the City of_Beaumont..Industrial District No. 9; and, WHEREAS., the City. of Beaumont and.Swi.ft Agricultural Chemical 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,wi.th Swift Agricultural Company, a copy of which is attached hereto as Exhibit "A" and that 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 o2_3 A, -LJ day of �n (2 h,OA') 1976. Mayor - THIS AGREEMMENT_is.entered into by and between the City of __ Beaumont, Texas, hereinafter referred to as "CITY" and the Swift Agricultural Chemical Company, a corporation, hereinafter referred to as "COMPANy". WITNESSETH: WHEREAS, the Municipal Annexation Act, Article 970a, Vernon's An- notated Civil Statutes of the State of Texas, expressly provides for the establishment of industrial districts by municipalities within their extraterritorial jurisdiction of the CITY, such industrial district being known -as the City of Beaumont Industrial District No. 9; and, W1UUZEAS, CITY and COMPANY desire to enter into an industrial district agreement pursuant to said Municipal Annexation Act, on the terms and con- ditions 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 December, 1982. II. The CITY hereby agrees that all of the land and improvements thereof owned, used, occupied, leased, rented, or possessed by COMPANY within the City of Beaumont Industrial District No. 9 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 Induistrial 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 buildings or equipment, or (c) attempting to regulate or control 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 SEVEN'T'Y-ONE THOUSAND SIX HUNDRED AND N0/100 ($71,600.00) DOLLARS payable in two (2) equal payments of TWENTY- THREE THOUSAND EIGHT HUNDRED SIXTY-SIX AND NO/100 ($23,866.00) DOLLARS each, said pay- ments being due and payable on or before the 31st day of March, 1976 and the 30th day of June,1976, and one (1) payment of TWENTY- THREE THOUSAND EIGHT HUNDRED SIXTY-EIGHT AND N0/100 ($23,868.00) DOLLARS being due and payable on or before the 1st day of September, 1976. Year 1977 - 1982 - The total sum of FIFTY-NINE THOUSAND SEVEN HUNDRED AND N0/100 ($59,700.00) DOLLARS each year payable in three.(3) payments of NINETEEN THOUSAND NINE HUNDRED,AND N0/100 ($19,900.00) DOLLARS each, said payments being due and pay- able on or before the 31st day of March each year, the 30th day of June each year, and the lst day of September each year. Such payments shall be accepted by the CITY in satisfaction, and as payment in full of any and all ad valorem taxes which might be due CITY for COMPANY'S property located within -the City -of Beaumont Industrial District No. 9. "IL If anv other n mi cirality attPsrrots to annex anv land or nronerty is owned, used, occupied, leased, rented or possessed by COMPANY, or if the incorporation of any new municipality should be attempted so to include within its limits of such land or property, the CITY shall, with the co- operation of COMPANY, seek injunctive relief against such annexation or incorporation, and shall take such legal action as may be necessary or ad- visable under the circumstances. The cost of such legal action shall be borne 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 or incorporation, COMPANY shall have the option of terminating this agreement, retroactive to the effective date of such annexation or incorporation; provided however, that the option of termin- ating this agreement -shall be exercised within thirty (30) days after judgment upholding such annexation or incorporation shall have become final and all appellate review, if any, and 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 required to furnish any municipal services to COMPANY'S.property-located within the City of Beaumont Industrial District No. 9; provided, however, CITY agrees to furnish fire protection to COMPANY should such protection be requested by COMPANY in the event an unusual emergency situation occurs. M The benefits accruing to and obligations assumed by COMPANY under this contract 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 Industrial District'No. 9, and where ref- erence is made.herein to land and property owned by COMPANY, that shall also include land and property owned by its "affiliates". The word "affiliates" n L - _L_l l ____ -ll - -. _-.L-_ ...__4-....-...._1_ 4__ -P4 - -- -4-1- VII. In -the event -COMPANY fails -or -refuses -to- ccoply-with- all --or- any of the terms, conditions and obligations herein imposed 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 agreement, 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. VIII. In the event the CITY breaches this agreement by annexing or attempting to pass an ordinance annexing any of the affected area, COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance of the term of this contract, from enforcing any annexation ordinance adopted in violation of this contract and fron taking any further action in violation of this contract. If COMPANY elects to take this remedy, then so long as CITY specifically performs its contract obligations, under in- junctive order or otherwise, COMPANY shall continue to make the annual payments as required by this contract. IX. If in any calendar year during the term of this agreement CITY re- ceives 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 existing 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 2.10 of such payment received from Texasgulf, X. This -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. CITY. OF BFAUMONT, TEXAS ATTEST: BY: BY: - City Clerk - - - City Manager- VICITY11 SWIFT AGRICULTURAL CHEMICAL COMPANY ATTEST:... _. I� BY: 0��- .- 4,R