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Home My WebLink AboutRES 76 106R- "y v le) IS R E S 0,L U T I O N WHEREAS, the City has .by Ordinance No...69-7 established the City of Beaumont Industrial District No. 4; and, WHEREAS, the City and Bethlehem Steel Corporation desire to enter into an industrial district'ag:reement; 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 execute and enter into an agreement.with Bethlehem Steel 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 hl -j-) day of 1976. - Mayor - INDUSTRIAL DISTRICT AGREEMENT THIS -AGREEMENT- is -made --and-. centered into -by and .between . _" - the City of Beaumont, Texas, hereinafter referred to as -"CITY" and Bethlehem Steel Corporation, a Delaware Corporation, here- inafter 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, ex- pressly provides for the establishment of industrial districts by.municipalities within their extraterritorial jurisdiction,, and, WHEREAS,.the CITY"has by Ordinance No. 69-7 established an industrial district comprising a certain part of the extra- territorial jurisdiction of the CITY, such industrial district to be known as the City of Beaumont Industrial District No. 4; and, WHEREAS, CITY and COMPANY entered into an agreement pursuant to said Municipal Annexation Act.,.which said agreement was for a term of seven (7.) years ending December 31; 1975; and, WHEREAS, CITY and COMPANY desire to enter into a new Industrial District Agreement pursuant to said Municipal An- nexation 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 are hereby acknowledged, and by authority granted under the said Municipal Annexation_.Act.,__COMPANY_ and_CI.TY_do_ hereby -agree -as follows: I. This agreement shall be for a term of seven (7) years • - - - - -- T - -- - - - --- 1 , n " r _,_a --14 ,-t-,.. -1l -+- A--• --P II. The CITY hereby agrees that all of the land and im- provements owned, used, occupied, leased, rented or possessed by COMPANY within the City of Beaumont Industrial District No. 4 shall continue its extraterritorial status as an in- dustrial 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 subdivisions of land, (b) prescribing any building, elec- trical, plumbing or inspection standards whether generally applicable or applicable only to specific buildings or equip- ment, 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 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 FIFTY SEVEN THOUSAND SIX HUNDRED DOLLARS ($57,600.00) payable in three (3) equal payments of NINETEEN THOUSAND TWO HUNDRED DOLLARS ($19,200.00) each, said payment being due on or before the 31st day of March, 1976, the 30th day of June, 1976, and the lst day of September, 1976. Years 1977- 1982 The total sum of FORTY EIGHT, THOUSAND DOLLARS ($48,000.00) per year, payable in three (3) equal installments of SIXTEEN THOUSAND DOLLARS ($16,000.00) each, each year, said payments being due on or before the 31st J Such payment shall be accepted by the CITY in satis- faction 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. 4. If any other municipality attempts to annex any land or property located within the said City of Beaumont Industrial District No. 4, 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 any 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 by the party retaining same, unless otherwise agreed. In the event CITY and COMPANY are unsuccessful in de- _ fending against such attempted annexation or incorporation, COMPANY shall have the option.of terminating this agreement, retroactive to the effective date of such annexation or in- corporation; provided however,.that the option of terminating this agreement shallbe 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, the CITY shall not be required to furnish any municipal services to COMPANY'S property located within the City of Beaumont Industrial District No. 4 unless separately -76 -/w agreed to by CITY and COMPANY; provided, however, CITY agrees to furnish fire protection to COMPANY should such protection be requested by COMPANY in the event an emergency situation occurs. I 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 No. 4., 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 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 area, COMPANY shall be entitled to enjoin the CITY from the date of its breach for the balance bf 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 as required by this contract. IX. If in any calendar year during the term of this agree- ment CITY receives 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 1.70 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 WITNESS WHEREOF, this agreement is executed in duplicate on the day of ATTEST: City -Clerk - - . 1976. THE CITY -OF BEAUMONT, TEXAS BY City. -Manager BETHLEHEM STEEL CORPORATION Co Ct. -�7