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HomeMy WebLinkAboutRES 83-122 R E S 0 L U T 1 0 N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' BEAUMONT: THAT the City Manager be, and he is hereby , authorized and directed to enter into and execute industrial district agreements, in the form attached hereto as Exhibit "A" , for a five ( 5 ) year period beginning January 1 , 1983 and ending December 31 , 1987 with Houston Chemical Corporation, a division of PPG Industries and PD Glycol , Ltd . , a Texas Limited Partnership, the general partners of which are PPG Industries and E. I. duPont de Nemours and Company , with total payments to the City by the above industries during the five ( 5 ) year term of the contracts to be not less than one Million Three Hundred Sixty Thousand Seven Hundred Dollars ( $1 ,360,700. 00) . BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby , authorized and directed 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 A-'f&- day of 19 Mayor .2 INDUSTRIAL DISTRICT AGREEMENT THIS AGREEMENT is entered into by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and Houston Chemical Corporation, a division of PPG Industries, 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, provides for the establishment of industrial districts by municipalities within their extraterritorial jurisdiction; and , WHEREAS, the CITY has by Ordinance No. 68-71 established an industrial district comprising a certain part of the extraterritorial jurisdiction of the CITY, such industrial district being known as the City of Beaumont Industrial District No. 3 ; 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, 1982 ; 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 term of five (5 ) years beginning on January 1 , 1983, and ending on the 31st day of December, 1987 . II. The CITY hereby agrees that all of the land and improvements thereof owned , used, occupied, leased, rented or p / EXHIBIT "A" possessed by COMPANY within the City of Beaumont Industrial District No. 3 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 platting 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 thereof. III. 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: 1983 - The total sum of $181 ,700 payable in two ( 2 ) equal payments of $60,567 each, said payments being due and payable on or before the 31st day of March, 1983 and the 30th day of June, 1983 , and one ( 1 ) payment of $60,566 due and payable on or before the lst day of September, 1983 . 1984 - $800 on or before March 1 , 1984 . 1985 - $900 on or before March 1 , 1985. 1986 - $1000 on or before March 1 , 1986 . 1987 - $1100 on or before March 1 , 1987 . 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. 3 . IV. If any other municipality attempts to annex any land or property located within the said City of Beaumont Industrial 2 - District No. 3 , 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 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 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 District No. 3 ; 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 . 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 3 - Beaumont Industrial District No. 3 , and where reference is made herein to 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 ( 500 ) 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 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. 4 - IX. 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 , 1983 . CITY OF BEAUMONT, TEXAS ATTEST: By: - City Manager - By: City Clerk - "CITY" HOUSTON CHEMICAL CORPORATION, A DIVISION OF PPG INDUSTRIES ATTEST: By: By: "COMPANY" 5 - t INDUSTRIAL DISTRICT AGREEMENT THIS AGREEMENT is entered into by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and PD Glycol , Ltd . , a Texas Limited Partnership, the general partners of which are PPG Industries and E. I . duPont de Nemours and Company, hereafter 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, provides for the establishment of industrial districts by municipalities within their extraterritorial jurisdiction; and, WHEREAS, the CITY has by Ordinance No. 68-71 established an industrial district comprising a certain part of the extraterritorial jurisdiction of the CITY, such industrial district being known as the City of Beaumont Industrial District No. 3 ; and, WHEREAS, CITY and COMPANY desire to enter into an 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 term of five (5 ) years beginning on January 1 , 1983, and ending on the 31st day of December, 1987. II. The CITY hereby agrees that all of the land and improvements thereof owned, used, occupied, leased, rented or ,ope—VF�=e—/Z2_ possessed by COMPANY within the City of Beaumont Industrial District No. 3 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 platting 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 thereof. III . 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 Total Annual Payment 1983 - 0 - 1984 $257 ,400 1985 $288 , 300 1986 $305,600 1987 $323 ,900 The total sum due and payable each year shall be paid in three (3 ) equal installments. Installments shall be due and payable on or before March 31 , June 30 , and September 1 of each year during the term hereof. 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. 3 . IV. If any other municipality attempts to annex any land or property located within the said City of Beaumont Industrial 2 - District No. 3 , 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 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 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 District No. 3 ; 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 . 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 - 3 - e—la—Izza— Beaumont Industrial District No. 3 , and where reference is made herein to 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 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. 4 - IX. 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 , 1983 . CITY OF BEAUM.ONT, TEXAS ATTEST: By: - City Manager - By: City Clerk - "CITY" PD GLYCOL, LTD. ATTEST: By: PPG Industries, A General Partner ATTEST: By: E. I. du Pont de Nemours & Co. , A General Partner 5 -