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Home My WebLink AboutRES 76 111R E S 0 L T I O N WHEREAS, by Ordinance No. 68-56, Ordinance No. 75-75, and Ordinance No. 76-35, the City has.created the City of Beaumont Industrial District; and, WHEREAS, the City of Beaumont and Mobil Oil Corporation 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 Mobil Oil Corporation, 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 _2 EAS day of `)M ().AOA 1 , 1976. Mayor - INDUSTRIAL DISTRICT AGREEMENT THIS AGREEMENT is entered into by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Mobil Oil Corporation, a corporation, hereinafter referred to as "COMPANY": W I T N E SSET.H:. 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, and, WHEREAS, the CITY has by Ordinance No. 68-56, Ordinance No. 75-751 and Ordinance No. 76-51 established an industrial district comprising a certain part of the extraterritorial jurisdiction of the CITY, such in- dustrial district being known as The City of Beaumont Industrial District; and, WHEREAS, CITY and COMPANY entered into an industrial district agree - meet 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 Annexation 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 is 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 tern of seven (7) years beginning on January 1,1976, and ending on the 31st day of December, 1982. II. rT+hc f'TTV harahv arn^aAa that- al l of i+t- 1 and Anr9 imnrnvamant q fhPrPrnf 3 07 owned, used, occupied, leased, rented or possessed by COMPANY within the City of Beaumont Industrial District 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 Industrial 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 equipment, or (c) attempting to regulate or control in any way the conduct of COMPANY'S activities, facilities, or personnel thereof. 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 MILLION TWO HUNDRED FIFTY - .FIVE THOUSAND TWO HUNDRED AND N0/100 ($2,255,200.00) DOLLARS payable in two (2) equal payment of SEVEN HUNDRED FIFTY-ONE THOUSAND SEVEN"HUNDRED THIRTY- THREE AND N0/100 ($751,733.00) DOLLARS each, said payments.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 SEVEN HUNDRED FIFTY- ONE THOUSAND SEVEN HUNDRED THIRTY-FOUR AND N0/100 ($751',734.00) DOLLARS due and payable on or before the lst day of September, 1976. Years 1977 - 1982 - The total sum of ONE MILLION EIGHT HUNDRED EIGHTY- ONE THOUSAND AND N0/100 ($1,881,000.00) DOLLARS each year payable in three (3) payments of SIX HUNDRED TWENTY-SEVEN THOUSAND AND NO/100 ($627,000.00) DOLLARS each, said payments being due_and payable on or before the 31st day of March each year,'the 30th day of June each year, and the 1st 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 IV. If any other-municipal-ity--attempts -#-annex- any -land-or -property- - - located within the said City of Beaumont Industrial District, 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 co- operation -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 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 te=x - acing this agreement shall be exercised within thirty (30) days after judgment upholding such annexation or incorporation shall have becoe final and all appellate review, if any, has been exhausted. V. It is understood and agreed that during the tern 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; provided, however, CITY agrees to furnish fire pro- tection to COMPANY should such protection be requested by COMPANY in the event an unusual emergency situation occurs. VI. 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, and where reference is made herein -to - land- and property --owned by COMPANY - that- shall-- also - - --- include land and property owned by COMPANY, that shall also include land and property owned by its "affiliates". The word "affiliates" as used herein shall mean all corporations, partnerships, firms or other business enterprises.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 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 from taking any further action in vio- lation of this contract. If C MANLY 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. IX. If in any calendar year during the tern of this agreement CITY re-_ 4 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 68.1% 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 WITENESS WBEREDF, this agreement is executed in duplicate on the day of 1976. CITY OF BEAUMONT, TEXAS ATTEST: BY: -_City Manager.- BY: - City Clerk - MOBIL OIL CORPORATION e� BY: