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Home My WebLink AboutRES 76 107R E S O L U T I O N WHEREAS, the City has by Ordinance No. 69-11 and Ordinance No. 75-76 established the City of Beaumont Industrial District Number 5; and, WHEREAS, the City of Beaumont and E. I. DuPont de Nemours and Company desire to enter into an industrial district agreement pursuant to Texas Municipal Annexation Act; 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 E. I. DuPont de Nemours & Company, a copy of which is attached hereto, 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 'cam 2A& day of (x,i�° , 1976. Mayor - INDUSTRIAL DISTRICT AGREEMENT THIS AGREEMENT is entered into by and between the City of Beaumont, Texas, hereinafter referred to as "CITY" and E. I. dupont de Nemours & Company, a Delaware 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, ex- pressly provides for the establishment of industrial districts by municipalities within their extraterritorial jurisdiction, and, WHEREAS, the CITY has by Ordinance No. 69-11 and Ordinance No..75-76 established an industrial district com- prising a certain part of the extraterritorial jurisdiction of the CITY, such industrial district being known as the City of Beaumont Industrial District No. 5; 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 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 is hereby acknowledged, and by authority granted under the said Municipal Annexation Act, COMPANY and CITY do hereby agree as follows: THIS AGREEMENT shall be for a term of seven (7) years beginning on January 1, 1976, and ending on the 31st day of The CITY hereby agrees that all of the land and im- provements thereof owned, used, occupied, leased, rented or possessed by COMPANY within the City of Beaumont Industrial District No. 5 shall continue its extraterritorial status as an industrial district, and shall not be annexed by the CITY during the.term of this agreement, or by 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, and 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 herein below.indicated relative to the respective years and payable as herein indicated, to xyit: Year 1976 - The total sum of FIVE HUNDRED FORTY FIVE THOUSAND AND NO/100 ($545,000.00) DOLLARS payable in two (2) equal pay- ments of ONE HUNDRED EIGHTY ONE THOUSAND SIX HUNDRED SIXTY SIX' AND N0/100 ($181,666.00) 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 ONE HUNDRED EIGHTY ONE THOUSAND SIX HUNDRED SIXTY EIGHT AND N0/100 ($181,668.00) DOLLARS due and payable on or before the lst day of Septem- ber, 1976. Years 1977 1982 - The total sum of FOUR HUNDRED FIFTY FOUR THOUSAND FIVE HUNDRED AND N0/100 ($454,500.00) DOLLARS each year paya- ble in three (3) payments of ONE Such payments shall be accepted by the CITY in satis- faction, 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. 5. IV. If any other municipality attempts to annex any land or property located within the said City of Beaumont Indus- trial District No. 5, 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 defending against such attempted annexation or incorporation, COMPANY shall have the option of terminating this agreement, retro- active to the effective date of such annexation or incorpor- ation; 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. W It is understood and agreed that during the term of this agreement or any renewals thereof, the CITY shall not be re- quired to furnish any municipal services to COMPANY'S property located within the City of Beaumont Industrial District No. 5; 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. 5, and where - reference is made herein to land and property owned by COMPANY, that shall also include land and property -owned by its "af- filiates". The word "affiliates" as used herein shall mean all corporations, partnerships, firms or other business enter- prises 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 an- nexing 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 -c�r�� 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 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 16.50 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 1976. ATTEST: ty Cler ATTEST: CITY OF BEAUMONT, TEXAS M City Manager E. I. DUPONT DE NEMOURS & COMPANY BY