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