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HomeMy WebLinkAboutRES 76 105R E S O L U T I O N WHEREAS, the City has by Ordinance No. 68-71 established the City of Beaumont Industrial District No. 3; and, WHEREAS, the City of Beaumont and PPG Industries, Inc., the successor of Houston Chemical 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 PPG Industries, Inc., the successor of Houston Chemical Corporation, in substantial con- formity with the agreement attached hereto as Exhibit "A"; and, BE IT FURTHER RESOLVED 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 a _� /_d] day of ) , 1976. Mayor - 3 -L3 -M l� F,►D Y: L Y Y: �I ?l1�91Y11IIYI�Iii THIS AGREEmasu is entered into by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and PPG Industries, Inc., a Pennsylvania Corporation, through its division Houston Chemical Co., here- inafter referred to as "COMPANY": WITNESSETH: WHEREAS, the Municipal Annexation Act, Article 970a, Vernon's Annotated Civil -Statutes of the State of Texas, expressly provides for the establishment of industrial districts by municipalities within their extra- territorial jurisdiction; and, WHEREAS, the CITY has by Ordinance No. 68-71 established an in- dustrial district comprising a certain part of the extraterritorial juris- diction 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, 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 iddch is hereby acknowledged, and by authority granted under the said Municipal Annexation Act, COMPANY and CITY do hereby agree as follows: I. THIS AGREE= shall be for a term of seven (7) years beginning on January- 1,_ 1976,__and_en_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 as defined in Article II of the. Industrial District Agreement between the City and Houston Chemical Corporation dated December 17, 1968��/ls� City of Beaumont Industrial District No. 3nshall continue its extra- territorial status as an industrial district, and shall not be annexed by the CITY during the term of.ti7is 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 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 ONE HUNDRED SIXTY-FIVE THOUSAND FOUR HUNDRED AND N0/100 ($165,400.00) DOLLARS payable in two (2) equal payments of FIFTY-FIVE - THOUSAND ONE HUNDRED THIRTY-THREE AND N0/100 ($55,133.00) DOLLARS each, said payments being due and payable on or before the 31st day of March, 1976, the 30th day of June, 1976, and one (1) payment of FIFTY-FIVE THOUSAND ONE HUNDRED THIRTY-FOUR AND NO/100 ($55,134.00) DOLLARS due and payable on or before the lst day of September, 1976. Year 1977 , 1982 - The total sum of ONE HUNDRED THIRTY-EIGHT THOUSAND AND NO/100 ($138,000) DOLLARS each year payable in three (3) payments of FORTY-SIX THOUSAND AND N0/100 ($46,000.00) 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 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. 3. IV. If any -other municipality attempts to annex any land or property located within the said City of Beaumont Industrial 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 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, 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 awned, used, occupied, leased, rented or possessed by said "affilwithin the said Citv of Beaumont Industrial District No. 3, o • 3--� —LC17� and where reference is made herein to land and property awned by COMPANY, that shall also include land and property owned by its "affiliates". The word "affiliates" as used herein shall mean all corporations, partner- ships, 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 stun due under this agreement, the same penalties, interest, attorney's fees, and cost of collection'shall be re- coverable by the CITY as would be collectible in the case of delinquent as 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. 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. 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 3 2,,3 1 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 for Texas - gulf, Inc. is received in an amount equal to five (5%) percent of such payment received from Texasgulf, Inc. This agreement shall inure to the benefit and be binding upon the CITY and COMPANY their successors and assigns. IlQ WITNESS WHEREOF, this agreement is executed in duplicate on the day of 1976. ATTEST: W ATTEST: - City Clerk - Assistant Secretary - CITY OF BEAUMONT, TEXAS WA - City Manager - "CITY" PPG INDUSTRIES, INC., THROUGH ITS DIVISIONS`%��� HOUSTON CHEMICAL COMPANY BY: ,j r - "COMPANY"