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HomeMy WebLinkAboutRES 76 123R E S 0 L U I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute an industrial district agreement with Gulf States Utilities Company, a copy of which agreement 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 p� �� day of 1976. - Mayor - t INDUSTRIAL DISTRICT AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Gulf States Utilities Company, a Texas corporation, hereinafter 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, expressly provides for the establishment of industrial dis- tricts by municipalities within their extraterritorial juris- diction, and WHEREAS, the CITY has by Ordinance No. -69-9 estab- fished an industrial -district comprising a certain part of - the extraterritorial jurisdiction of the CITY, such industrial district to be known as the City of Beaumont Industrial _ District No. 6; and WHEREAS,'CITY and'COMPANY entered into an agreement -pursuant to said Municipal Annexation Act, which said agree- ment was for a.term of seven (7)' years ending December 31, 1975; and WHEREAS, CITY and COMPANY are desirous of entering ,into a new Industrial District Agreement pursuant to said Municipal Annexation Act on the terms and conditions as set forth herein; ..3 NOW, THEREFORE, in consideration of the premises and mutual 'covenants herein contained, and other good and- valuable consideration, the receipt and sufficiency of which .11 26 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 owned, used,,occupied, leased, rented or possessed by COMPANY within the City of Beaumont Industrial ..District*No. 6 shall continue its extraterritorial status as an industrial district,'and shall not be annexed by the CITY during the term of this agreement. 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 subdivisons of land, .(b`) _ prescribing any build- ings-; 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. III. COMPANY agrees to pay to CITY during the term of this agreement the amounts hereinbelow indicated relative to.the respective years and payable as herein indicated, G11 subject to reduction as provided in paragraph IX below, to -wit: Year 1976 - The total sum of Two Hundred Eighty - Eight Thouand and 00/100 ($288,000.00) Dollars payable in three (3) equal payments of Ninety -Six Thousand and 00/00 ($96,000.00) Dollars each, said payment being due on or before the �3ist day of March, 1976, the 30th day of June, 1976, and the 1st day of September, 1976. Years 1977 1982 - The total sum of Two Hundred Thirty - Seven Thousand Five Hundred and 00/100 ($237,500.'00) Dollars per year, payable in two (2) equal installments of Seventy -Nine Thousand One Hundred Sixty -Seven and 00/100 ($79,167.00) Dollars each, each year, said payments being due on or before the 31st day of March and -the 30th day of June each year, and one (1) payment of Seventy - Nine Thousand One Hundred Sixty-six and 00/100 ($79,166.00) Dollars due the l'st day of September each year. Such payment shall be accepted by the CITY in satis- faction, and as payment in full of any and all ad valorem taxes which might have become due CITY for COMPANY'S property located within the City of Beaumont Industrial District No. 6 or within the now existing (i. e., as of January 1, 1976) extraterritorial jurisdiction of CITY, subject to reduction as provided in paragraph IX below. IV. If any other municipality attempts to annex (1), any land or property located within the said City of Beaumont Industrial District No. 6, which is owned, used, occupied, leased, rented, or possessed by COMPANY, or (2) any land or property upon which any of the COMPANY's property,listed k JI in Exhibit "A" attached hereto and incorporated herein by reference, is located or if the incorporation of any new'munici- pality.should be attempted so as to include within its limits.any of such land or property, the CITY shall, with the cooperation of COMPANY, seek injunctive relief against.such_annexation or incorporation, an(,L/:�hall take. such legal action as may be necessary or advisable under the circumstances.. The CITY'S cost of -. f such legal action shall be borne by it; provided, however, the fees of any special legal counsel retained by COMPANY shall be borne by COMPANY. 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 incor- poration; provided, however, that the option of terminating 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, 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 Dis- trict No. 6; 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. VI. A-) "affiliates", and to any property.owned, used, occupied,. leased, rented.or .possessed by said "affiliates" within the said City of Beaumont Industrial District No. 6, and where reference is made herein to land and property owned by COMPANY, that shall also include land and property owned by its "affili- ates". 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 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 said 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 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 ordinances adopted in violation of this contract and from taking any further action in.viola- tion of this .contract. If COMPANY elects to take this remedy, then so long as the CITY specifically performs its contract obligations, under injunctive order or otherwise,'COMPANY shall continue to make the annual payments required by this.contraot. IX. The payments provided in paragraph III hereof are based.upon'the value of the COMPANY'S properties located within the existing (i.e., as of January 1, 1976) extra- territorial jurisdiction of the CITY,.including said Indus- trial District No. 6. In -the event that any of the properties described in Exhibit "A" hereto and which are located outside of -said Industrial District No. 6 become subject to ad valorem taxation as a result of annexation by the CITY, or any other municipality, the payments due under paragraph III hereof shall, with respect to each and every year during which any such item of property is so subject to taxation, be reduced by an amount equal to the sum -of money set forth under the column headed "Annual Credit" opposite such item on Exhibit "A", and if only part of an item is taken, then only a proportionate part �r (based on the quantity of the item taken) of such credit shall be allowed. If, at any time during the term hereof, COMPANY makes any retirement of any item of property listed on Exhibit "A" which is located within the City of Beaumont Industrial District District No. 6,.or-if any other munici- pality annexes same, the payment due under paragraph III hereof shall, with respect to each and every year from and after the year in which such retirement or annexation occurs,- be re duced by an amount equal to the sum of money set forth under the. column headed "Annual Credit" opposite such item on Exhibit "A" and with respect to.the year in which such retirement occurs, such credit shall be prorated and allowed only for the part of such year after which such item is no longer in service. 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: Roy E. Eyler - A st. Secretary CITY OF BEAUMONT% TEXAS City Manager "CITY" GULF STATES UTILITIES COMPANY B y :)It -179?<< Norman R. Lee - President "COMPANY" v� Page 1 EXHIBIT "A" Gulf States Utilities Company transmission & distribution properties located within the five mile extraterritorial limits of the City of Beaumont are as follows: Substations Name Annual Jefferson County Credit Amelia Bulk $ 5,606 Mobil Chemical No. 1 3,989 Mobil Chemical No. 2 1,024 Mobil Chemical No. 3 391 DuPont Beaumont 1,881 Gulf Lucas 290 Magnolia Hebert 228 Colonial Hebert 248 Mobil Hebert 915 McFaddin 81 Spurlock 369 DuPont Capro 1,888 Houston Chemical 851 Humphrey 820 DuPont Dee 1,823 Cheek 654 Induga 481 Central 2,371 Goodyear Cheek 1,359 Colmobil 243 Pennwalt 305 Pollubate 285 Orange County Georgetown 3,221 Hardin County Loeb 539 Transmission Lines - Orange County Line No. KV Miles 413 & 421 69 .05 4 413 .69 4.39 372 5 & 17 138 .08 14 5 138 2.42 296 17 138 2.42 296 17 138 .18 22 17 138 1.66 287 17 138 3.78 462 421 & 17 138 2.23 660 421 & 17 138 1 •. 80 311 421 138 5.14 628 195 & 572 230 4.96 2,061 Hardin County 467 69 .04 3 467 69 4.96 305 488 138 5.60 685 Jefferson County 5B & 5C 69 .27 29 5C, 95 & 452 69 .03 39 5C & 452 69 .28 30 6 69 4.00 246 Page 1 Annual Credit $ 69 11 217 77 66 8 4 174 120 3 10 69 7 296 300 8 19 89 37 10 57 38 4 30 19 2 13 75' 3 111 6 166 19 22 33 13 21 254 3 3 3 276 65 154 96 383 66 8 65 24 66 3 570 8 25 167 8 3 46, 3 114 /?-77 - l Page 2 `- T—I % Transmission Lines (Cont'd.) Line No. KV Miles Jefferson County 66A, 38A & 98A 69 - .53 73, 75B, 562, 566 69 .18 75 & 429 69 2.01 75, 461 69 .71 75B, 73B, 562, 566 69 .43 75C & 73B .08 98 69 .06 98, 1 & 2 69 1.33 98 & 1 69 1.11 98 69 .05 98A, 444 & 445 69 .08 98A, 66A & 83A 69 .53 98A 69 .11 98A, 457 & 528A 69 2.26_ 114 69 4.87 114 & 564 69 -07 122 - 69 .30 414 69 1.45 447 & 448 - 69 .34 444, 98A & 445 69 .08 444 69 .92 444 69 .61 452, 5C & 95 69 .03 452, 5C 69 .28 452 69 .18 452 69 .03 454 69 ..21 461 & 75 69 .70 461 69 .05 461, 75A & 429 69 .85 461 69 .09 461, 75D & 429 69 1.27 461, 429 69 .18 461, & 578 69 .20 461, 75F & 578 69 .25 461, 519 69 .12 461, 75G & 519 69 .16 468 & 649 69 2.36 468 ,69 .05 469 69 .05 498 & 598 69 .03 498 & 1 69 2.56 73, 562 69 .69 545 69 2.50 562 & 566 69 .89 562, 73 & 566 69 2.93 562A, 73B, 75B, 566 69 .43 564 & 114 69 .07 564 6.9 1.05 566, 73, 75B 69 .18 566, 73B, 75B, 562A 69 .43 562 69 .05 462 & 599 69 5.29 462 69 .13 462 & 66 69 .23 462 69 2.72 462 & 466 69 .07 598 69 .05 598 & 1 69 .43 598 & 498 69 .03 5 & 17 - 138 .66 Annual Credit $ 69 11 217 77 66 8 4 174 120 3 10 69 7 296 300 8 19 89 37 10 57 38 4 30 19 2 13 75' 3 111 6 166 19 22 33 13 21 254 3 3 3 276 65 154 96 383 66 8 65 24 66 3 570 8 25 167 8 3 46, 3 114 /?-77 - l Page 2 `- T—I % Description Unit Number 3 Unit Number 4 Unit • , - Number 6 Unit Page 3 Unit Number 8 Transmission Lines (Cont'd.) Annual Line No. KV Mi 1 es Credit. Jefferson County (Cont'd.) 88 138 14.19 $ 1,735 421 138 .21 52-- 2 .422 422 138 6.92 846 429 & 75 138 2.01 347 429, 75A, & 461 138 .85 190 429, 75D, & 461 138 1.27 284 429 138 1.03 126 429 & 461 138 .18 31 457 & 528 138 .03 5 457 138 .02 5 457 138 .12 15 459 &.528 138 .60 178 457, 98A & 528A 138 2.26 505 457 138 6.09 745 528 138 2.48 303 578 & 519 138 .28 48 578 & 461 138 .20 35 578, 461 & 75F 138 .25 56 578 138 .06 6 599 138 3.06 374 599 & 462 138 5.29 914 496 & 532 230 2.00 831 496 230 8.84 2,994 496 230 3.53 1,195 532 230 .53 179 Distribution 300 Meters 462 Description Unit Number 3 Unit Number 4 Unit Number 5 Un,i t 4' Number 6 Unit Number 7 Unit Number 8 GULF STATES UTILITIES COMPANY PRODUCTION PLANT LOCATED WITHIN THE CITY OF BEAUMONT INDUSTRIAL DISTRICT NUMBER 6 Annual Credit 11,043 22,079 29,143 29,143 48,565 48,565