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HomeMy WebLinkAboutRES 76 227i g-'16- aaq R E.S O.L U.T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMCNT: THAT the City Manager be, and he is hereby, authorized to enter into an Industrial District Agreement with Texasgulf, Inc. for a period'of seven (7) years ending December 31, 1982, a copy of which agreement is attached hereto as Exhibit "A"; and, 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 3A x day of 1976. - Mayor - Ale EXHIBIT "A" • INDUSTRIAL DISTRICT AGREEMENT THIS AGREEMENT entered into by and between THE CITY OF BEAUMONT, TEXAS, hereinafter referred to as "CITY" and TEXASGULF, INC., a Texas Corporation, hereinafter 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 extraterritorial jurisdiction; and, WHEREAS, the City has by Ordinance No. 69-2, established an in- dustrial district comprising a certain part of the extraterritorial jurisdiction of the City, such industrial district to be ]mown as the City of Beaumont Industrial District No. 2; and, . WHEREAS, City and Company entered into an industrial district agreement pursuant to said Municipal Annexation Act, which said agreement expired December 31, 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 considerations, 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 seven (7) years beginning on January 1, 1976, and ending on 31st day of December, 1982. II. The City hereby agrees that all of the land and improvenents thereof City of Beaumont Industrial District No. 2 shall continue its extra- territorial 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 No. 2, any rules or regulations: (a) governing plats and subdivisions of lands, (b) pre - .scribing any building, electrical, plumbing, or inspection codes, or (c) attempting to regulate or control the conduct of Company's business 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 Thirty -Nine Thousand Six Hundred and No/100 ($39,600.00) Dollars payable upon execution of this agreement. Years- 1977 1982 - The total sum of Thirty -Three Thousand and No/100 ($33,000.00) Dollars each year pay- able in three (3) payments of Eleven Thousand and No/100 ($11,000.00) 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. 2. IV. If any other municipality attempts to annex any land or property located within the said City of Beaumont Industrial District No. 2, which is owned, used, occupied, leased, rented or possessed by Co�any, or if the incorporation of any new municipality should be attempted so as to Ll- clude within its limits any of such land or property, the City shall, with 4 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 actions 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. W 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. 2; provided, however, City acxrees to furnish fire protection to Company should such protection be requested by Company in the event an unusual emergency situation occurs. am The benefits accruing -to and obligations assumed by Company under this contract shall also extend to Company's "affiliates", and to any property craned, used, occupied, leased, rented or possessed by said "affiliates" within the said City of Beaumont Industrial District No. 2, and where reference is made herein to land and property owned by their "affiliates". The word "affiliates" as used herein shall mean all corpor- ations, partnerships, firms or other busines enterprises in which Ccnpany 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 .. 1 _4 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 here- under, 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 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 puny 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. In the alternative, in the event the City breaches this agreement by annexing or attempting to pass an ordinance annexing any of the City of Beaumont Industrial District No. 2, Company shall have the option of terminating this agreement but shall not be entitled to the return of any sums paid by Company to City prior to breach of this agreement by City. M 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 ATTEST: m- - City Clerk - CITY OF BEAUMONT, TEXAS By: - City Manager - "CITY" TEXASGULF, INC. By: