HomeMy WebLinkAboutPR 19583: IDA WITH VEOLIA ES TECHNICAL SOLUTIONS, L.L.C. P. R. No. 19583
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INDUSTRIAL DISTRICT AGREEMENT WITH VEOLIA ES TECHNICAL
SOLUTIONS, L.L.C.
WHEREAS, pursuant to Resolution No. 13-593, the City of Port Arthur entered into
an Industrial District Agreement with Veolia ES Technical Solutions, L.L.C., for a three year
period; and
WHEREAS, said agreement will expire on December 31, 2016; and
WHEREAS, the City Council of the City of Port Arthur deems it in the best interests
of the citizens of Port Arthur to enter into a new Industrial District Agreement with Veolia
ES Technical Solutions, L.L.C., pursuant to Sections 42.044 and 212.172 of the Texas Local
Government Code, and Article 1, Sections 5 and 6, of the City's Charter.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council hereby authorizes the City Manager to execute a
new Industrial District Agreement with Veolia ES Technical Solutions, L.L.C., in substantially
the same form as attached hereto as Exhibit "A".
Section 3. That a copy of the caption of this Resolution shall be spread upon the
Minutes of the City Council.
s.pr19583
READ, ADOPTED AND APPROVED on this day of December, A.D., 2016, at
a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:
Mayor: ,
Councilmembers:
NOES: .
DERRICK FREEMAN, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
(W:il " '41
VALECIA '. T/ " o ► ' All__,
Y
APPROVED FOR ADMINISTRATION:
BRIAN MCDOUGAL, CITY MANAGER
s.pr19583
EXHIBIT "A"
s.pr19583
STATE OF TEXAS §
COUNTY OF JEFFERSON §
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT is made and entered into by and between the City of Port Arthur
(hereinafter referred to as the "City"), a home rule municipality governed under the laws of
the State of Texas and VEOLIA ES TECHINICAL SOLUTIONS, L.L.C. (hereinafter referred to as
the "Property Owner"). Property Owner owns real estate and tangible personal property and
operates facilities that incinerate and dispose of hazardous and non-hazardous materials,
which is located in the City of Port Arthur's extraterritorial jurisdiction; and
WHEREAS, pursuant to Section 42.001 of the Texas Local Government Code, the
legislature has declared it the policy of the State of Texas to designate certain areas as
extraterritorial jurisdiction of municipalities to promote and protect the general health, safety,
and welfare of persons residing in and adjacent to the municipalities; and
WHEREAS, the extraterritorial jurisdiction (hereinafter referred to as "Ell") of the City
of Port Arthur is the unincorporated area that is contiguous to the corporate boundaries of the
City that is located within 3-1/2 miles of the boundaries of the City; and
WHEREAS, pursuant to Section 42.044 of the Texas Local Government Code (TLGC),
the governing body of a municipality may designate any part of its extraterritorial jurisdiction
as an industrial district and may treat the designated area in a manner considered by the
governing body to be in the best interest of the municipality. Said real estate was previously
designated as an industrial district; and
s.ida veolia 2017-2019
WHEREAS, in 2003, the City entered into an Industrial District Agreement with Onyx
Environmental Services, LLC, which was approved by Resolution No. 03-257 and expired on
December 31, 2010. In 2006, the company's name was changed to Veolia ES Technical
Solutions, L.L.C. In 2013, the company entered into an agreement which will expire on
December 31, 2016; and
WHEREAS, pursuant to Section 42.044 of the Texas Local Government Code, the City
may make written agreements with the owners of land in an industrial district; and
WHEREAS, this Agreement is authorized under Sections 42.044 and 212.172 of the
Texas Local Government Code, Vernon's Texas Code Annotated and Article 1, Section 5 of the
City's Charter, and that the parties agree that the following terms are reasonable, appropriate,
and not unduly restrictive of business activities; and
WHEREAS, this Agreement includes provisions concerning said real estate and tangible
personal property owned or leased by the Property Owner in the ETJ. Such real estate is
sometimes referred to herein as the "Affected Area," and it is described in Exhibit "A", which is
attached to this Agreement and made a part hereof; and
WHEREAS, the Property Owner and the City have previously entered into various
industrial district agreements related to the Affected Area and various industrial projects
located thereon; and
WHEREAS, this Agreement shall be effective and binding on the parties hereto upon
execution hereof on behalf of all parties to this Agreement. Effective January 1, 2017, this
Agreement supersedes any prior existing Industrial District Agreement between the Property
Owner and the City relating to the subject matter hereof and governing City's contractual
relationship with the Property Owner; and
WHEREAS, the City Council finds that the provisions set forth in this agreement to be
in the best interest of the City and beneficial to the general health, safety, and welfare of its
residents; and
WHEREAS, the Property Owner finds that this Agreement, as delineated herein, is
beneficial to meet the needs of its business operations.
NOW, THEREFORE, in consideration of the promises and the mutual agreements of
the parties contained herein, the City and the Property Owner, agree with each other as
follows:
Section 1: ET] status, City Services and Code Enforcement:
Pursuant to Section 42.044 of the Texas Local Government Code, CITY agrees that
during the term of this Agreement, and subject to the terms and provisions of this Agreement,
it shall guarantee the continuation of the extraterritorial status of the Affected Area and
immunity from annexation by the City (unless otherwise provided herein).
The Property Owner and CITY agree that the City shall have no obligation to provide
City services to property Owner in the Affected Area and that City will not extend any services
to Property Owner in the Affected Area (unless otherwise provided herein). In the Affected
Area, the City will not require the Property Owner to adhere to City codes such as the
regulation of plats and subdivisions of land, the imposition of building, electrical, or plumbing
inspections, and related code requirements. However, Property Owner must comply and
Property Owner agrees to comply with City regulations and specifically not to imprudently
discharge storm water that contributes to flooding on adjacent property. Accordingly, Property
Owner agrees that it shall not have a right to City services.
Section 2. Description of Affected Area and Determination of Taxable Value:
The City designates the part of its ETJ as shown in Exhibit "A", which contains the real
estate owned by the Property Owner or leased by a third party as an Industrial District.
Property Owner hereby certifies that Exhibit "A" represents a true, correct and complete legal
description and map depiction of all of the real property owned and utilized by it in the City of
Port Arthur's ETJ, also known as the "Affected Area". For the purposes of this agreement, the
taxable value is the appraised value for tax purposes of the land, all improvements, and
tangible property, real, personal or mixed that is situated on the Affected Area as established
by the Jefferson County Appraisal District (hereinafter referred to as the "JCAD Value") as of
January 1 of each calendar year of the Agreement hereinafter referred to as the "Value Year")
and discussed more fully below. The JCAD value also includes the assessed value of any
property that is located in a foreign trade zone or any other type of federal, state or local
zone.
Section 3. Payments by the Property Owner:
If the Affected Area were located within the corporate limits of the City of Port Arthur,
the Property Owner would be required to pay ad valorem taxes based upon the Assessed
Value as determined annually by the Jefferson County Appraisal District. However, as part of
the consideration for the City's undertakings, as set forth above, the Property Owner agrees to
make a payment to the City in lieu of taxes (hereinafter referred to as "In Lieu of Payment").
Commencing with calendar year 2017 and each calendar year thereafter for the duration of
this Contract, on October 15th of each year of this agreement, the Property Owner will remit
to the City a sum of money equal to Ninety Five percent (95%) of the amount of ad valorem
taxes that the Property Owner would be required to pay if the Affected Property were in the
City of Port Arthur (Assessed Value multiplied by the Current City Tax Rate). The term
"Assessed Value" is defined as the 100% valuation of the land, improvements and tangible
property, real, personal, or mixed, including inventory, units, and equipment and all other
property situated on land in the Affected Area, as if it were within the corporate limits of the
City of Port Arthur for general municipal purposes as of January 1 of the each calendar year of
the Agreement.
The In Lieu of Payment shall be calculated by the following formula:
95% of the Assessed Value X Current City Tax Rate
Therefore, if the following factors were in place:
Assessed Value was $15,000,000
Current City Tax rate was .792/100
The in lieu of payment would be:
95% X $15,000,000 X .792/100 = $112,860
Section 4. Treatment of Fluctuations in value:
In the event there are any fluctuations of l0% or more in the taxable value, the parties
agree that there shall be a floor and ceiling applied in order to calculate the payment for each
year. Therefore, the parties agree to place a cap on the variance in the amount of the
payment from the previous year of plus or minus 10% of the Property Owner's taxable value.
The intent of the 10% provision is to limit fluctuations in payments to the City to no
more than 10% up or 10% down each year. This is accomplished by specifically defining the
taxable value for the purpose of this contract each year (hereinafter referred to as the
"Contract Value"). The base year of this contract is 2016. Accordingly, a Contract Value will be
established in 2016, which will determine the floor and ceiling related to future payments.
a. Calculation of the Contract Value if there is a Decrease in Value of More
than 10%:
In the event there is a fluctuation which results in a decrease in the Taxable Value for
2017 of more than 10% of the Taxable Value for 2016, the Contact Value for 2017 will be an
amount equal to minus 10% (or 90% of the taxable value for the immediately preceding year
[2016].
In the event there is a fluctuation which results in a decrease in the taxable value for
2017 of more than 10% of the Contract Value for 2016, the Contact Value for 2017 will be an
amount equal to minus 10% (or 90% of the Contract Value for the immediately preceding year
[2016].
b. Calculation of the Contract Value if there is an increase in Value of More
than 10%:
In the event there is a fluctuation which results in an increase in the Taxable Value for
2017 of more than 10% of the Taxable Value for 2016, the Contact Value for 2017 will be an
amount equal to plus 10% (or 110% of the taxable Value for the immediately preceding year
[2016].
In the event there is a fluctuation which results in an increase in the taxable Value for
2017 of more than 10% of the Contract Value for 2016, the Contact Value for 2017 will be an
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amount equal to plus 10% (or 110% of the Contract Value for the immediately preceding year
[2016]).
Section 5. Port Arthur Local Business Enterprise Program
The City recognizes that proactive steps must be taken to help ensure that Port Arthur
local business enterprises thrive and continue to benefit our community economically and
socially. Therefore, the City created the Port Arthur Local Business Enterprise Program (the
"PABE Program") which is designed to promote spending with qualified Port Arthur local
business enterprises (each an "LBE" as such term is defined below) by companies that have
industrial district agreements with the City, as well as to increase the diversity of Port Arthur
businesses from which such companies procure goods and services so that the pool of such
businesses is representative of the business community at large. The Property Owner agrees
to participate in the PABE Program.
As used herein, "LBE" means a Port Arthur business (including, but not limited to, a Port
Arthur minority and/or women owned business enterprise ("MWBE"), a Port Arthur historically
underutilized business ("HUB"), and a Port Arthur disadvantaged business enterprise ("DBE")
that has been certified as a LBE under the procedures and criteria specified in the PABE
Program as determined by the City Council of the City, but such term shall not include any
Port Arthur business that has ceased to be so certified.
The City and the Property Owner agree, in conjunction with other companies that have
entered into industrial district agreements with the City, to set up an advisory board to
implement the goals and objectives for the PABE program. The advisory board will meet as
needed and will be facilitated by an outside source (Lamar State College of Port Arthur or
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other mutually agreeable party) (referred to herein as the "PABE Facilitator"). The PABE
Facilitator will be paid a stipend which shall be prorated equally among the parties to the
industrial district agreements, and the Property Owner agrees to pay its prorated share of such
stipend, provided that the Property Owner's prorated share of such stipend shall not exceed
$250.00 per year.
Notwithstanding anything contained in this Agreement to the contrary, the Property
Owner shall in no event be obligated under any provision of this Agreement (i) to amend or
otherwise change, or attempt to amend or otherwise change, any agreement to which the
Property Owner is a party as of the date hereof, or (ii) to hire or retain any person, or to
award any contract for materials, supplies, equipment or services to any vendor, supplier,
professional, contractor or subcontractor, unless, in the Property Owner's sole discretion, (A)
such person is qualified, is willing to perform the work, and satisfies all of the Property
Owner's normal standards for employment, and (B) such vendor, supplier, professional,
contractor or subcontractor is qualified, financially sound, has an adequate safety record, is
willing to perform the work, or provide the materials or services, in the time required and in a
competitive manner, and is the lowest qualified responsive bidder who meets all the applicable
bid specifications.
The Property Owner agrees that it will participate in the PABE Program during the term
of this Agreement and strongly consider the use of certified Port Arthur businesses to facilitate
the goals of the PABE Program. The terms and conditions of the PABE Program are delineated
on the City's official website.
The Property Owner, together with the City's staff, will also participate in a Monthly
Employment Roundtable Program facilitated by the City. The goal of the Monthly Employment
Roundtable Program is to address employment and training issues that are essential to the
hiring of Port Arthur residents as employees of the Property Owner and it's Nested Contractors
(as hereinafter defined). The Monthly Employment Roundtable Program will also address
issues related to improving the workforce within the City to meet the needs of industry.
The program will consist of two designated workgroups that will meet with City
representatives on a monthly basis as part of the advisory process to implement the goals and
objectives of the City as it relates to the hiring process and the advancement of the goals of
the PABE program. The first group will consist of"Plant Managers" and the second group will
consist of "Human Resources and Procurement Staff". Additionally, the Property Owner agrees
to designate specific staff members to represent the Property Owner to partake in the
program.
Section 6. Reporting Requirements
(a) For each of the Tax Years 2017 through 2019, the Property Owner agrees to
submit on a semi-annual basis a report (each, a "Report") in accordance with the procedures,
and providing the information specified, herein with respect to the hiring of qualified Port
Arthur residents by the Property Owner and its Nested Contractors, and the retention of LBE's
by the Property Owner, as the same relate to the Affected Area.
(b) The Report due for the six-month period ending on June 30th of each of such Tax
Years shall be submitted on or before the July 31st immediately following the end of such six-
month period, and the Report due for the six-month period ending on December 31st of each
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of such Tax Years shall be submitted on or before the January 31st immediately following the
end of such six-month period; provided, however, that upon the written request of the
Property Owner, the deadline for submitting a Report shall be extended for thirty (30) days.
The six-month period covered by any Report is referred to herein as the "Report Period."
(c) The Reports shall be sent to the Office of the City Manager and copied to the
City Attorney substantially in the format delineated in Exhibit "B". Intentionally failing to
comply with the reporting requirements is a breach of this agreement. Each of the Reports will
be reviewed for compliance by the City or its representative as to the following:
(i) With respect to the hiring of qualified Port Arthur residents by the
Property Owner at the Facility, such Report shall set forth the following information for the
Report Period covered by such Report:
(A) Total number of employees employed by the Property Owner at the
Facility on the last day of such Report Period who were Port Arthur
residents on such date;
(B) Total number of employees employed by the Property Owner at the
Facility on the last day of such Report Period;
(C) Total number of new hires employed by the Property Owner at the
Facility during such Report Period who were Port Arthur residents on
their first day of employment with the Property Owner;
(D) Total number of new hires employed by the Property Owner at the
Facility during such Report Period; and
(E) Total number of applicants completing the interview process for
employment with the Property Owner at the Facility during such
Report Period.
(ii) With respect to the hiring of qualified Port Arthur residents by the
Property Owner's Nested Contractors for projects at the Facility, the Property Owner will use
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commercially reasonable efforts to obtain the information set forth below for inclusion in such
Report for the Report Period covered thereby:
(A) Total number of employees employed by the Property Owner's Nested
Contractors for projects at the Facility on the last day of such Report
Period who were Port Arthur residents on such date;
(B) Total number of employees employed by the Property Owner's Nested
Contractors for projects at the Facility on the last day of such Report
Period;
(C) Total number of new hires employed by the Property Owner's Nested
Contractors for projects at the Facility during such Report
Period who were Port Arthur residents on their first day of
employment with the Property Owner's Nested Contractors;
(D) Total number of new hires employed by the Property Owner's Nested
Contractors for projects at the Facility during such Report Period; and
(E) Total number of applicants completing the interview process for
employment with Property Owner's Nested Contractors for projects at
the Facility during such Report Period.
(iii) With respect to the retention of "Designated LBE's" (as defined in
Section 7(e)), such Report shall set forth the following information for the Report Period
covered by such Report:
(A) Total number of Designated LBE's that:
(i) were on the approved vendor list of the Property Owner at any
time during such Report Period, and/or
(ii) were invited by the Property Owner during such Report Period
to bid on contracts for goods and/or services;
(B) Total number and dollar amount of contracts awarded by the Property
Owner during such Report Period for goods and/or services that the
Property Owner determines could have potentially been obtained from
Designated LBE's; and
(C) Total number and dollar amount of the contracts described in Section
6(c)(iii)(B) immediately above that were awarded to Designated LBE's
during such Report Period.
(d) The information provided by the Property Owner to the City in any
Report shall be held confidential by the City to the fullest extent permitted under applicable
law. If the City receives a request for such information, the City will notify the Property
Owner, and the Property Owner will be afforded an opportunity to file a brief with the Texas
Attorney General setting forth the reasons for exclusion of all or any portion of such
information from the requirement to be released pursuant to the Texas Public Information Act.
Section 7. Back-up Fire and Police Assistance:
If requested orally or in writing by the Property Owner, the City's Fire Department will
provide primary Fire Suppression Support as determined by the City's Fire Chief, and the City's
Police Department may assist in providing an evacuation route and traffic control in the case
of a fire or a chemical release at the Property Owner's facilities located in the in the Affected
Area. Nevertheless, the Property Owner agrees to abide by and shall take such precautions as
to prevent (1) fires, explosions and chemical releases and (2) the imprudent discharge of
storm water that contributes to flooding on adjacent property. The Property Owner shall also
provide an evacuation procedure as is expected in the industry, and as is required by
applicable federal and state laws, and the health and safety laws of the City. The Property
Owner shall employ or provide sufficient primary fire suppression response, as well as control
and abate chemical releases. The Property Owner shall provide the City's Fire Chief and Police
Chief with Emergency Response Plans for any plants, refineries, chemical operations or other
hazardous operations that take place on the land, described in the Attachments. If there is a
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fire and the City is requested to provide initial and primary fire suppression services or if a
cleanup is required, the Property Owner agrees to pay to the City the costs and expenses
incurred by the City and any of its departments or of any of its affiliated providers, i.e.
ambulance companies that are called to the scene.
The Property Owner shall immediately notify the central dispatch office which serves
the City's Fire Chief, Police Chief, and the City's Emergency Management Coordinator of all
incidents involving fires, serious injuries, deaths, chemical releases and flooding that create a
health and safety hazard to the community or that exceed permissible exposure limits under
applicable state or federal laws.
Section 8. Annexation for Health, Safety and Welfare Reasons:
It is specifically stipulated that nothing in this Agreement will in any manner limit or
restrict the authority of the City to annex all or part of said Affected Area during the period of
the Agreement if the City should determine that such annexation is reasonably necessary to
promote and protect the general health, safety, and welfare of the persons residing within or
adjacent to the City, provided however, that the City agrees that such annexation for the land
described in the Attachments will not be made for revenue purposes only.
Section 9. Annexation due to Legislative Action:
Notwithstanding any other provision in this Agreement, the parties agree and consent that
the City may annex the Affected Area if a bill is adopted by the State legislature which limits
or restricts the authority of the City to annex all or part of the Affected Area. In the event of
annexation, the Property Owner will not be required to make further payments under this
Agreement for any calendar year commencing after annexation with respect to the property
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so annexed, but shall nevertheless be obligated to make full payments for the year during
which such annexation becomes effective if the annexation becomes effective after January
1st of said year. The Property Owner shall not be required to pay ad valorem taxes to the City
for the same period of time they have already paid an "in lieu of tax" payment, with respect
to the Affected Area to this Agreement. If for any reason, the City cannot annex the property
of the Property Owner and if the parties cannot reach an agreement on a new payment
schedule or on a new "in lieu of tax" agreement, the Property Owner agrees that it will
continue to pay to the City the "in lieu of tax" payments delineated in this Agreement until
December 31, 2019, and it will thereafter continue to annually pay the City an "in lieu of tax"
payment of Ninety-five percent (95%) of its taxable value times the City's tax rate for so long
as it or its assignees and successors or affiliates own the property, as described in the
Attachments. Payments will be due on October 15th of each year. Pursuant to Sections
42.044 and 212.172 Local Government Code, the Property Owner agrees and consents that
the Parties have the option, to extend this contract and that the Property Owner will continue
to annually pay the City "in lieu of tax" payments at the Ninety-five (95%) rate, as denoted
above, for successive periods, for a total duration not to exceed 45 years, or the maximum
period allowed by law, whichever is longer.
Section 10. Right to Annexation at the Expiration of the Agreement:
The parties agree that the City has the sole discretion, after October 1, 2019, to annex
the Affected Area or to enter into negotiations on the payment by the Property Owner of
additional "in lieu of tax" payments.
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Section 11. Right to Annexation pursuant to Chapter 43 of the Texas Local
Government Code:
The City reserves the right to annex any tract or parcel with the minimum required
adjacent area, as per Chapter 43 Local Government Code, if any of the owners or lessees that
do not pay an "in lieu of tax" payment for its interest in the land, improvements, units,
equipment, inventory, and all other property located in the Affected Area, as described in
Exhibit "A". Nothing contained herein shall be construed to prohibit or prevent the Property
Owner from paying the other owners' or lessees' "in lieu of tax" payment required by this
Agreement to prevent annexation by the City. If the City annexes a tract or tracts, the total
"in lieu of tax" payment will be reduced by the same percentage as the assessed value of the
tracts under the contract are reduced by such annexation.
Section 12. Assignment:
If the Property Owner desires to assign all or a portion of this Agreement to any person,
the Property Owner shall provide written notice of such assignment and shall receive the
written consent of the City Council, by a duly adopted Resolution, which will not be
unreasonably withheld. The Property Owner shall provide the description of the new Property
Owner and such other information as is reasonably requested to indicate that the new
Property Owner will safely operate the facility, act as a good corporate citizen, and will fully
abide by the terms of this agreement. If the assignment is approved by the City Council, the
Property Owner shall be relieved of its obligations under this Agreement to the extent that an
assignee expressly assumes the Property Owner's obligations. Subject to the preceding, this
Agreement shall inure to the benefit of and be binding upon the parties hereto and its
respective successors and assigns.
Section 13. Other Relief Granted:
It is agreed by the parties to this Agreement that the Property Owner and the City have
the right to seek equitable relief, including specific performance of this Agreement.
Section 14. Port Arthur Industrial Group:
The Property Owner agrees that it will participate in the Port Arthur Industrial Group
during the life of this Agreement and for so long as the Port Arthur Industrial Group is a viable
organization in order to assist in the establishment of apprenticeship, internship, mentoring
and/or education programs and projects for the training of Port Arthur residents for permanent
jobs in the Port Arthur area. The Property Owner further hereby agrees to request and
encourage its contractors and subcontractors to establish and fund their own apprenticeship,
internship, mentorship and/or education programs and projects for the training of Port Arthur
residents for permanent jobs.
Section 15. Undocumented Workers:
The Property Owner certifies that they have not, and will not, knowingly employ an
"undocumented worker" which means an individual who, at the time of employment, is not (i)
lawfully admitted for permanent residence to the United States, (ii) a temporary resident
lawfully permitted to be employed in the United States or (iii) or authorized under law to be
employed in that manner in the United States. The Property Owner acknowledges that it has
reviewed Chapter 2264, Texas Government Code, and hereby affirmatively agrees to repay the
amount of any incentive with interest at the rate of ten percent (10%) per annum, not later
than the 120th day after the date the City notifies the Property Owner of a violation. The
Property Owner acknowledges the City may bring a civil action as to recover any amounts
owed under this Chapter 2264 Texas Government Code, and further acknowledges that the
City may recover court costs and reasonable attorney's fees incurred in bringing an action
under Section 2264.101, Texas Government Code. The Property Owner will also promptly
report to the City any "undocumented worker" that is improperly retained by its contractors or
subcontractors on its facility.
Section 16. Property Tax Information, Credits and Refunds:
With respect to the land, improvements, units, equipment and all other property located
in the Affected Area (in this section "such property") as described in Exhibit "A" for the tax
years 2017 through 2019, Property Owner must provide to the Director of Finance to the City,
no later than September 15th, a copy of the non-privileged/non-confidential rendition which
the Property Owner files with the Jefferson County Appraisal District. The Property Owner shall
also provide the following to the Director of Finance of the City:
• each notice of appraised value received by the Property Owner from the
Jefferson County Appraisal District with respect to such property;
• any notice of protest filed by the Property Owner with the Jefferson
County Appraisal Review Board ("ARB") with respect to such property
within 45 days of said filing;
• any informal settlement or final ARB order determining protest with
respect to such property;
• any pleadings filed by the Property Owner as a petition for review of an
order determining protest of the ARB with respect to such property;
• any settlement, final judgment or other final disposition on appeal or
otherwise of any such lawsuit; and
• the Property Owner shall provide to the City a copy of all non-
privileged/non-confidential pleadings and discovery filed in any litigation
or protest that the Property Owner has with Jefferson County Appraisal
District.
Pending final determination of any tax protest filed by the Property Owner with the
Jefferson County Appraisal Review Board, or appeal thereof on the Affected Area, the Property
Owner shall pay to City, on October 15th of each year, the amount calculated based upon the
value of the property reflected on the most recently adopted appraisal roll prepared by or for
Jefferson County Appraisal District and as further delineated in this Agreement. If the final
determination of a protest or an appeal reduces the value of the property after Property
Owner has tendered payment to the City hereunder, the Property Owner's liability hereunder
shall be recalculated based on the final determination of value, the City shall after the final
determination of such protest or appeal, refund to Property Owner, the difference between the
amount actually paid hereunder and the amount for which the Property Owner is determined
to be liable, without interest. All refunds, if any, will be given as a credit toward the next
calendar year's in-lieu-of payment.
Section 17. Notice of Default:
Notwithstanding anything herein to the contrary contained in this Agreement, in the
event of any breach by the Property Owner of any of the terms or conditions of this
Agreement, the City shall give the Property Owner not less than five (5) business days' written
notice, specifying the nature of the alleged default, and manner in which the alleged default
may be satisfactorily cured. Thereafter, the Property Owner will be afforded a reasonable time
within which to cure the alleged default. Nevertheless, time is of the essence on the payment
schedule for the "in lieu of tax" payments on October 15th of each year. If the Property Owner
does not pay the "in lieu of tax" payment on October 15th of each year, the City can
immediately commence annexation proceedings and sue for all damages. In case of litigation
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for breach of the Agreement and to encourage timely payments, the City can seek 100% of all
monies that the City would have received from the Property Owner if it been within the
corporate limits, which include 100% of all taxes, building permits, sales or use taxes, and all
franchise fees on cable and electrical usage, interest and penalty thereon, attorney's fees, and
court costs.
Section 18. Entire Agreement:
This Agreement constitutes the entire agreement of the parties with respect to the
Projects described herein and supersedes any and all prior understandings or oral or written
agreements between the parties respecting such subject matter, except as otherwise provided
in the instruments referenced herein. This Agreement may be amended only by written
instrument signed by all of the parties hereto.
Section 19. Severability:
If any term or provision in this Agreement, or the application thereof to any person or
circumstance, shall to any extent be held to be invalid or unenforceable by a court of
competent jurisdiction, such invalidity or unenforceability shall not affect any other provision of
this Agreement or the application thereof, which can be given effect without the invalid or
unenforceable provision or application, and the parties agree that the provisions of this
Agreement are and shall be severable. Provided however, payment of the "in lieu of tax"
payment is an essential part of this Agreement.
Section 20. Remedies Cumulative:
Except as otherwise expressly provided herein, all rights, privileges, and remedies
afforded the parties by this Agreement shall be deemed cumulative and not exclusive, and the
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exercise of any or more of such remedies shall not be deemed to be a waiver of any other
right, remedy, or privilege provided for herein or available at law or in equity.
Section 21. Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas. This Agreement is to be performed in Jefferson County, Texas.
Section 22. Counterparts:
This Agreement may be executed in counterparts, each of which shall be deemed an
original, and all of which taken together, shall constitute but one and the same instrument,
which may be sufficiently evidenced by one counterpart.
Section 23. Authority:
By acceptance of this Agreement and/or benefits conferred hereunder, the Property
Owner represents and warrants that its undersigned agents have complete and unrestricted
authority to enter into this Agreement and to obligate and bind the Property Owner to all of
the terms, covenants and conditions contained herein.
Section 24. Notice:
Any notice provided for in this contract shall be given in writing to the parties hereto by
certified mail, return receipt requested, addressed as follows:
TO CITY: TO PROPERTY OWNER:
City Manager David Flood
444 4th St. General Manager, Gulf Coast Branch
Port Arthur, TX 77640 Veolia ES Technical Solutions, L.L.C.
P.O. Box 2563
Port Arthur, TX 77643
WITH A COPY TO: WITH A COPY TO:
City Attorney General Counsel
CITY OF PORT ARTHUR Veolia ES Technical Solutions, L.L.C.
444 4th St. 4760 World Houston Parkway, Suite 100
Port Arthur, TX 77640 Houston, TX 77032
Section 25. If the Property Owner permanently ceases operation of its Port Arthur
facility during the term of this Agreement, then Property Owner shall have the right, at is sole
option, to cancel this Agreement with ninety (90) days written notice in which case the
Property Owner shall be relieved of all its obligations under this Agreement, except as to pay
the In Lieu of Tax payments for the year of the cancellation.
Section 26. This agreement is effective the 1st day of January, 2017, and shall expire
on the 31st day of December, 2019.
[SIGNATURE PAGES FOLLOW
SIGNED AND AGREED to on the day of , 2016.
VEOLIA ES TECHNICAL SOLUTIONS, L.L.C.
BY:
David Flood, General Manager
Gulf Coast Branch
ACKNOWLEDGMENT
STATE OF TEXASS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared David
Flood, General Manager of the Gulf Coast Branch, known to me to be the person whose name
is ascribed to the foregoing instrument, and acknowledged to me that he executed the same
as the act and deed of Veolia ES Technical Solutions, L.L.C. for the purposes and
considerations therein expressed, and the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of
, A.D., 2016.
NOTARY PUBLIC
STATE OF TEXAS
PRINT NAME:
MY COMMISSION EXPIRES:
SIGNED AND AGREED to on the day of , 2016.
CITY OF PORT ARTHUR, TEXAS
BY:
Brian McDougal, City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Brian
McDougal, City Manager of the City of Port Arthur, known to me to be the person whose name
is ascribed to the foregoing instrument, and acknowledged to me that he executed the same
as the act and deed of the City of Port Arthur, for the purposes and considerations therein
expressed, and the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of
, A.D., 2016.
NOTARY PUBLIC, STATE OF TEXAS
RETURN TO:
CITY OF PORT ARTHUR
ATTN: CITY ATTORNEY
P. O. BOX 1089
PORT ARTHUR, TX 77641-1089
103 so ootr
• Pago1of 6
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144—I:.
7irING tete North ons-Nbelt of Lot R, (R. 1/2 of 6), and all
of is .s t oral O, and the south one—nail or rot B (€. 14,1
of E}, and o11. of ;As= r and 4, of Block Keir Fiv* (Z1,
of Uhu C. R. WITH SH.ODIVIGXON of the Howard 640z-ow
Survey, in Jtffardon County, Texas, as tt:a ae*e appears
upon the urg nr plat tbcreof on filen and of record in
Yai, 1, Page 06, map 12aoorda of said County and St,,ttae.
t3v.flfd 5e acr,;n of 1e:td, note or Inns, beim; Block lo_ 4
of ac C. E. MTh mf?Si'ISm ixi Howerd 1?eCrosr 1/4
—League, Abstract No. 1120 in Uftarsan county, Teas, as
shovn by fiat recorded in Volume 1, gage 86, Hap =ells
of .vettesreen county, TaXU.
BE= ell of itoat it, C.E. SMITH SU VISION ' .175 ot'r
out i>f the HOWARD peCItOW 51Y1VEX,. bstract: HI or 113, i.Zt
aeff roon County, alCan, of is indicated in V01. 1, Paso
86, ct the i3m,�a Record* heretofore tided pacetzber 2, 19P1
i,1i the County Clerk's otticc,of Jotter-1-.1:m County, TaXPA.,
WLCT.
•
BE,ING txoxty (40j Acres at land, nota or lestlocated in
the T.idf.Q.g.it_ Co. Survey, 9ectienHo. 264, ilistrltctIic.
448, bait*; all of Lots One (3): Two (2), Threes (31. end
Six (61f Bdcak iaa],wo (12) of the. O. E. Smith
Su1adiviakrm, Zefforaen County, Total, eccordingr to th4
main or plat ai` record in vol. i, lager 110, Hap Records
in t s Ofiict of the County cxark of said County and
Stats
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• HAAT;Y: pa sut a: Sac • pprL 41 the Ce, b4 Vusueta Tae 3 0C
• ern1, a'41.M.tt 301. Jc:;kisc4 CoonAr Ind adze f4 -
ticilarLy 4c 4cl'erthtd.ae 41 of sai4 sitv4r tyltii,South
..� a3 Slut Righvby 73 end cost.lh:my •494.c11.tt14a004+ 123.33
t=,
TRACTPal •IkaIdns. oicc at and 4 past 41 OW rant isrouraaxa ' W
Sutv$Y, Abstract 317, ,let Lariat:ceuate and rota pax-. cn
tiW1241y dasosikod ea tks twit Fas:sSi•y 14.11 aces; p, • Cr
. mnid aw•vay which adjotr�a tract ana, £3111 Why #:.sit
• t5
of Stats 8iy1tvav 73`, .r
..
Rho ,ropaatd tits ti daseelbso as faiicu_r
sa i2v.111l 4t the S9utbradt egsges at Clearha born lard
aucv.y 14, slateset 2ro- ]1e, Cane Patnt'Pot C inalu
-'` ;tug- er befaq igFagjd 4t: ilia ta.t-line 00 flys Eai1..,
• - 2raurste4 StIrvay 311, Aitt4441 Ma. 4$21
Runts 41nnq and with the M..t 12oe a: fht C. MOUiasra r • •
conte; hkitsaet.]t1 sawa•tselas sh4 ta.ca2'X3 3lvs 41 Cof4s
a_aasrard Stirrt 231, tt, 2 oppress. SA n:nutit, 35 stroma
hack, s oUt:toboo of 1,103,13 tsar tie an latarreetsdn with
tl:4 4avt:b kflh. of Usy of State Nlshwy 1;a. 73y a Baine far --'
�.�,-.�.cttrntr4
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VS:ass .1oav sad mitt tt,E South :light o! !Icy ce staLc _
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01.1huay Po. 73, M, 71 owe..., 33 airrrtca. 2G accarela =rLL_. •
crossing At 2,74f.(1 feet, mho Niataely Ik1M n/ 0-daote '
$i96iila�� 3utv4y thy. 1t, Sane txF3•ts4 Ole IdCdteC.y- 1f-nn at , .. .
.Dios hraeassrd Sdr+rey ria. 11, and C9nti,ufng'elanj 'Ma
Sa4=A Aight of x;Y Of Stitt i?lg4►I. . in ail a totai 410irn4
•
of 3127,40 tern a paint ler cost+e4; •
tt'smes s, 1 da9Ya4t. 31 alesJe:s. ]1 ■tct.ndi C,. grassla4
thravgk'oe. Kn11t lraussax4 oars;3o. XS pa,ralltl_to &ha
se all pormsa aft t4.t partia4!•0tiate to aisisattrt tuaak aha
wait iLna of iccvtF fro. 31 t2r dit4=Lie fts+icsnnr4 tfatY4�r
#ta. is Abstract Tal. a dlatenas of 3,495.91 t!aat. ; point
far..ra*r in eta Harsh kine ai:. 4 ti- t5, st. 1., lerviy,
Abatraot 3,4712 •
-
rh*noa 3. IT dryroaa, itc hamate., 2S E.:catdd Hitt •
6101.1 an4 blah tko &arch lip. 41 V. t 1S.{i.7,a4, Su:-rax •
• Anitract ]tl, #Poe 1191ng th4 Sgsch 11116 of 1t+!l 4 a auc>;ora
a3urY4t IS ASatraat let, at 413, fiat passing the Sauctmat
carr 4t gal1L4 EtOdatird Survey 1S abtttac-r lit, sane tem
Uto Scut-hes:at =orndr at Clcapha. bca,lisard Sutv.y 2i4 141s1:k4ct
141. cot t1huLria iEaat ani with CAA $arch line e! i'. 4 N. C.
R, R. Suvecy hkAtr4Rt )12 afid the iayth ling of CSecpria
9ttl.tiaa2ad SUEtet I. aastrace It b cat i dta.tsnas aE 2,3l1
Litt Ra tha t?Laa6 az ie it Tar ttspiraoiLT vt; 3.6rair►414Gri$WX - •
tract 4t Fiscal gatlana aant*if4ng 4t9.02 •ocaar rr'are 4S {jpl� •"
leas, •
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tin H . 1210 the 4 south of 3iste Highway 7.3 uat. �aJpat o f �q ease set e
E.
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- $rourdard Survey, A act Ka. 3:7, Led the sa+rTw4.lt cite quacter of titer TO-10
R1U(o1d &Ctjcit No, ill? Ahstt ct 4o. 33E, sato ma bei more partieuhrly
eeseribcd by'motel and bounds aolalJe to
91:GCNh17NC ata ill item far to the north Una of YE&NQ Railroad section.
No..7,13 locating the tout/teas% corner GC the E, prauasard Surety's and the
southwest confer of the 7&'XO Milt-cad Section 215.Abstract No 321;
rHENce south 17 de seer minutes 46 seceews west with the north lino at the se
T&N0 Railroad 5tctiort Nos. 212 and 231 acid Alin the south lit et the f.
Browaatd-Survey 1,54.11 feat to a point locating She southwest carrier et'the tract
or land heroin described;
THENCE oetth 2 degrees 50 rnirwtes E4 steersds west with the cast line af,; r�
1602-tore tract herctoJore conveyed to W. B. Le13Iant:,2435.99 tett,more et less,
IA t drill stern for smite In the tenth tight-et-way line of the State Highway/3 (a
313-foot width highway3;
THENCE,north 73 dugreet 31 rninutes 26 seconds east with said touts line 2006.?4
feet, more of' tens,to a point In the east line of the E.. Broussard StrrVty, Abstract
Na.457,a,;d In the west tine of the TltNO Railroad Survey,Abst.ACt No.324
THENCE smith 2 degrees 50 minims 10 seconds east with the cast line of The E
Broussard:Surrey arid In the west line of Viol-6410 Railroad Survelr, "ow tract No.
321i.a distance of 1.33.53, feet, more or.tons to a point far COrner locatitrg the
rsudwest carnet-CI the southwest enc quo tor of said T4:140 Railroad Sectient Her
214 Abstract No. 321;
THENCE rtarih 87 degrees $ minutes 46 morph cast with the nor th line of said
southwest colt quarter 2435.33 feet to ill northeast Corner,
THENCE south 2 discern% lO nritJtes 44 seconds easL with the east line of said
southwest enc quae<<r of said stento 2134.72 lett to a point in the sous Jin of
•
T&&NO Rrwteoad Settlors No, 2U, Abstract No.324, and In the north line of the E.
e54154-11Kd Survey(74.140 Railroad Section No.2E11b. -- •
TJIENCE aautft 17 degrees $ antra tea 46 steams; west with the e0,,-th or of ikid
TdcNQ Railroad Sec teen, Nn. 215 and with the taalh tine of the t, arouseard-Sorrel+
arad et 24.5133 ,set to the southwest comer of said T&NO Railroad 4ston Ha,
2115 anti rite Place of Beginning, containing 212.294 acres, mare Cr less, bSir,1 ell
those tracts of farad described In deed from C.A.M, fteFa4dln To Duties Val:raked
The., said deed dated Norembet 26, SU, and:CCorr ed in Volume J9JJ,page 43i� of
tett Cited Records of lefferSan County,Texas.
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The bearings or. Eris inttrtsarent are }used on the bearing used by the Texas
Highway to State Highway 73,
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44' t.wtfa t.ist,.tariff,#4114141 ill tt4.C+M lt.C11.4•4 l.ltip tsit4Ys
0ll r•4'• tiV. 111th 414.1,.'1,411041
/Ot.Jail:te nR� Wit.%r■ ai/ant
i.14 *wet tltatlr4
ltelt iaflyle an
hN {rift,. ak 14 pw.M.st..w..r e/ah.T 4 1144.d..1.1y'•41.4114! 141,
l.W+1+.L ea 4hi 11.41 La.e.1 T i •,4,F.1. 1416114 11".a t+t e4
1i4lit al belaWIL4i„7.wu 4.447,.at 17J M...,L 1rG1.V 7"4.47 !+w Mt 4,444
Cb
PM-at Minh 714 IT: 21* ITIS.411%1141 art1L ilia at T t LI. .ageis. ,[A
4t 11•.d..th fir#4t law L.tra.,A+rrr 1,41 gist a•t galea Far
(smart
•
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lea,a tlaalatt of Sala 4414 44•Woe d.r e.c.cq • _ Cr
.111W l:�1 at'41' )I" Leal. .41i1a11ta ■t 1.144 tits 4■4 Hine Cu .e
in
•
• Mitzi Tavel.01' .12'21"feet, LAO Sat'.0i 4 petit lir c[llanr; 1• ...1
• aT.trn. Nar$h t1• of 11. GR. 1.rag (lit t.a pilot(ac 1a.,.e a"the
Idea lira 111 4 11.4. t.R.dsitilit 1114 .
-
1l.as:t need 12' Sit 10"thee. slant 11,1 Ikea#Int■t Ila T i 11,4. k.,.
1111.111 717. a dutslcl ti 410 felt 1s a aaItl 711:•.pini; • •
Thad,! Nary 41 411 it"rail,.•dta:s.ra■t I.10 tut to t pit.[fir
COMM:
:.S.ti aw 11
>10 12, 1Z"bet.a.411tatat.1t 1.114 �11t 4 ps11a 144
a1an1e tlam4i..a• 1;ties. 1 t,R-0, 1.a.sewage.712. 4144 14114 lis.
. Ikcti,114 a 01 T I MC.11.1.1tat,4a 170: •
Mewl(rank IT'VP Sit¢,i[ 440.444 1#utk lint Nit T 4 11±0,4104.
t ;+14114 4114 t tlataa4r as l,i+�1 fist ca 01i lsutl.lfc lance if asst
• LuiLI 711, £114 fain alrl iatlRlrialt.etr'tke r1-;2 L N.b.l,1.L cit..y7)1 - • ,.-..,e
7lwstt Nee:.1114 S!'1!1'ussiov1IIU ale4 Ret Il.e 41 fosafela 111 ilia,t1N
1 fits 11..-d 1###074 01‘111114Ina Ilitat• 3,110 IcUl.e.O1,a/411114/8
itt+at If Sit/11411411111. 1414 14rTt1 I-ilei,.fa 114(4.411•414.4 •L(IK
. 1.+414 aiCra•14'.+1'1 .•
I 1 c4 i ill AM V4Sooto 4/4 1(4 1 1l.a 44![ti}t7 ll t 01/11 t 4•4111 Ill°4 r41 1.414.41-tiir
j 1a a wit!ae c.i.f.4 laid psiM CK the 1adSv.af tans(at;Iota s•
11wi1C•lctli1. i,.Llr fl Illas4 a,..r,errict tri 4t1•..w 1, lite it It
• T04444 4511th DP y7' ll"Usti I 411-lull■t Exam4..•14 t•1- .
• a.etlwasa arias.t 7471♦1ick S. E. P.1.44u14•41‘10414:
i rhtntr ititia e1" Of,lt'051.Ota'tit Iyiuk 1$!1■1 aalC 111ack 1.
• a 4l4I14c.44 et 1.10'-11 lite e1 8 NI•t W a•t.st.
1114..44 nista.eat le lr'ill et.101.1 frac I.11 91114.for(1 11114 111 RVSC.
• • IMesa lino it Olt liuuat C1C144 141144,11.11 442i4 4141 l.4r.hila1.rarrar
t et (hi vile 4:441114 at OM Parer t41 e..141441
i V".M 111tH,Cl' 24' a"Me:.vlth eh:lista,liet .t 4}T%I.■%44rhalf , ''
..4 AI r-.aa; Wetly.et'4Y 4 1l1t 4•e! 71 stet 11 i t
p1keL .r
be e sea ISv1t5 I.1- se Taos.f G.yttr:
,1•e,ne each eh.sego-Asa.t'1'a 114'1 Ispora t Ci1,l..e: Tl,:th )0' 'IL' 14"
. -Y I11.41 1.40 tyN,Si'el. 1-F"Om.1t1�07111,11r(liii,'?i 1
• 2b' II 11111.ZS1.Ac Out to aha t.0R14041, 4 r d Y.
1 1.14414 j 4Clst(n4r by 114 V.7.CbifHN•l to 4 141441• 1-4 4A e.RrNt1 to
Y.l.aa 11144/Iris 7'1141 LM litlerts4•GWaMfr the taaa1til .
• •
Tama:.
Rome ki iL.'•ae.1.1 7011 Auk 114 4SU*4411 tor n�4tlTia lGhLl74.te •
TM•Li 14410,11" 1!'k1.'Oil,+414 0141 be rt at 011 i:d+114iE Tri',.
•4114140.1 el 41 at feel t!4 poise eat chalet
. I mama dw,u,4r'tr IV i4na.wit1,sba iipw*iz .l:1.4 tctuillrr frac,
; 4 41 r
114a 41 417.11!fat Lae paha N+ttttae
I 44i..l.,02.1.3,114 4.4•or 4.14,1414 1Y.Otte leas•t U.a!Malloir'beet.
• •• •414.4 4 cof.4410`.•."Let M 4 palate Cil ta..0 to Li.i 1441,1rltsa+wt- ,j
Vlueaa 4.111,4Y lwlh77ll�7,1.4.4181 i1•,4 t(14111 471}1!0 1rw. 1.1-1....
1.T
till..k, L,2.Oft )?P 1! Ws ]11 1t Its t fiat•4714 17' 10"Vase,
U.Ac tette Si'it6 43'� 7 c4'1a, 4o 11..40 14.te 1•44 1••••,. 3s Cr'Kri4,
.'..47 teat;iStY.tVFM4a 44 4 1� Rt 1,1 14!tee 1.1h.pales.0
as
.4lL free
lett_io1brroth DiI ttt'UI 111*I-aE IY4t 111,14.,3.4..11411d
11N4tt.SrV 2l"las`.1-L 1411.11118 of Nato Oa4lta ..
1•.414,..1 414• eta rise 1144.r 1F0 1414,044.11.44.pit a
24elllMt a 141.11 i(i,4 44 1114 4 seal 4 u44 •Lore 4 ,
-1 1.41.44 au(.1 114 N$.t walk SM it T 4 110..1.L i. 11,.1 TIS,
(44 C�.t4O�ia`Id11.`A Riad thy 141 t tt t leis t4 34c tdns IC t!1 f13l4G�.41
[Nat 4u 4/,est it.+411114,14•43•144 04 4M1-
',etat da/atii_,4
#V1.idtti is 1,337.14)1;444 el"}1 41 •'
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li.VVdRb
Ina 3of8
HUNG 3 .7Oa *Loris out OC and ape !_rof the T. Sroll3aerd
4 survey{ hbetraet tit etaracn County, TeXam fbangbnq alta oat o3 and a paxita� ot of the 'l otaaa Y. Parish Ca
71.11 acre trach said Yatiib Tract being out at tito ccs
NerthWent corner 0: the tti4 T. rrcassb.Xr4 Surety, ane
wain ' noxa particularly demar bed es fa.lows:
StGLIMING at the northwest corner ex 7710 T. nxovssatd
• 5tlt:'yay, a 5/5 inch'oto41 pin for cornett
ra
TUENGE, With the Tieet. line of naa,d T. Drec sard survey,
south 2 deg. 51 min, Z2 aec, Viet S.457 foot_ to a 1/2
incus eteel pita tar cornea, the PZ.Aon o? BBG NNINo pf tht
tract herein descxihodi
t11YNC7, Continuing 'wLth alto sent 11r c'ti a aid T,
Stousc,..i susvt. south 2 day. E2 min. 22 nna_ Eantr 585.47
fast to a 1/2 inch, at:.aal 'an for Ooraat;
THENCE, ttarfh 07 dog. 07 min. :0 sec. ?oat 1760.0 feat
to 1/2 inch steal pin tar corner, :aid corner being' in
the Last, lime of said Tfhepas P. partvh 'neaot;
T1 1tcZ, with the Lest line a. acid ThOtaaea t'. Parish Tract
Hoath 2 deg. 52 min. 22 seo. West 596.47 &tot to a 2/2
inch 5tt01 pin fur corner;
TUMOR' South 67 dog. 07 tin. 31 sec. 'Rout 1740.0 tact
to the pL?CE cF k1EGE tH•FNG and containing 23,701 sorsa,
more Or less.
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• yG'Nt a[ and p■-[ es[ Sala G1e pni r46.14yKrYrY. Aga.race
Wet X1 111. ..or4em C4atti and !cart apars,ia:e1ea1' dtacrita a1 a:1 of
. said oopigy Iy04 swath a! Stitt tiagkau1y 13 4i& COr dmiq tip:Q . ,
weeglr 171.75 lersc &,u] the stoat Masterly 34.27 !Otos Out et end
a Fara of the rr11C ica4eseSd sViyay, ):!,times. 347. 2s:farces
tduatp, :tial Iyinl55ath a1 Stitt i lghusy 22. Ali bub/ IOUFartio4lsrly datershed as tollo++t:
' >1ZGLH16IaaG at the FP omits of n;.iiopha 7rsmeaard /mover Si. thrtxeet.
_ pa. tot, seam-totem foe 7teLanifq piing or awing 10Cata4 in 04
rest licit of the [soils lrouacar4 str'ey Sla. 7tbaererkPo_ 4171
• MD= along and '4th she ties* %Inc of the C. ]r>soutslZd Sorer )X.} en*
'tract 311 take 'rein/ aha rdalaslyt 11n4 44 XALIs irautie'lt Cu-way a
111, r. 1 dy#s■a 11 a la gees. IS stcon•ta Meat, a distinct of
' 1,'i/0.17 Leet to an intarsactlon vitt. the Saa=h-rL,hs cf +hly met Cr.
Va.Kithvay a. 79. a point for Oortot •
THENCE along and ultra the Scutt fight 4f .:&y a' Sure Hi;btey Nn.
73, F.I. r] decrees. 11 minute*, 1C [ecosrda rest crossing .t 2,21143
feet. tine 'Latterly lint of Claopha. aro...spied Survey iia_ 1Ge as•-e a
. being the itcattrly Bnt of rail'. Irouiaard'syr.a'_y ate. 150 aro COn, __
tinLLeg slam aha south right of vsy o: Stott ISleavay, In ell a a:V
*.ata; distance of 11.27.2E frit i pe1n. fog eornerJ
7H.:Sr."6 I. 2 dtgrats. 52 ninv:ts. 3$ ssCotLO L., c;oiJiing throis/h
tete =slat aroL}Sard fueuty No. lS parallel tO end 4C all Points
411 :sat pstp•rdiCvlts to distanow from T1 '0e11 lino 02 SUV Ns.
.15 ot•atia X•114 asto.scasb felvar iso. 1S l.itraat 717. a dtstanc.
ot t, i15.41 (4c%. a paint foe ee_ner in rho µnrtS, line of 7. I ei.
O. as lu:dcx, 1kb:exist iii: .
• IldrnCS s. i7 da;rtrr, 01 siiAtato4, 25 soca,.. ktie:t *'sang end vi L'S
the Morch fine of T. i 51.4, 115 Sur3ee JJsae.eiet 222. sant being the
• South line of Peelle h:outearc Survey 15 Jtbitsect 217, L'!.414. tact - .
pastelog eh* Southwest cornsz at tfeixe aroussard SurwQ' ae hbstreet
3.17, ems* Stent the Southeast sarntrr Ox Claeph4 3pauaa+isd Sower
If. 1,ttir.tt ill. continuing along and with tint Sorth lino of t. -�
I P. 0. pit 4ar..e r .bilieat 721 and•tha 4oUth tins of %lis C1toyA'
. atomiser/ Survey li, 1.Datra t 244 mad ttiar'Atom of '":1-'t "21.,
of hereto deteeibed tract or parcel t:. lead c�ocsctintnt
I
li: ;c`et. ,Hare or lets.. _ _
TRhC"faSZHC all of the Z••n:li rrousiar4 $wev.y. Atstraot Ho. 15). [Too' Reel oed S teoel leo. 210 tk+e glee-reedek or Scares Hts]wty T] anJ
e pcttioe of the L. SCaysstsfeLSurrt+.. Aur;Fac: NO. 5117, 4od th■
Southwest Ona quarter of tat tam 7.ailitaaad acro pa- 1
21 , -
Aharract Ho. 321, s•SG at.et bainy more Fartiou14 1y
be
matt; lad ttUrda tS f011Ovst
hr4n.`aa;let; ...tot de41/ 'Ain ivr 'Rake in *We mirth line of raid°
ltli]reab Station Ng. 2111 2acatinq t3.• Sowt1.rsce darns- of,t].e F.
nraUss+Rf4 Lvrvcy's and tact S4':thwtst corner of the ?1.190 a411tntai •
SccLiatt 1E1s Mese:act H0. 311i
Citi tt South 07 dagetcl 9 cInot,4* 46 seconds got with the Hos±h •
line of the Ti1,5D pt11014 $aeeion tios, 211 and 211 sbA'4th Olt
• $pytPJ lima of.ahs I. !mansard sway 1!54.15, feet to a pgltt 10- .•
eatln*f the /outburst corner of elle tract of rlaa4tohepeir 44410.$t1 t
Taii4C6 Ranh 2,dagrtea 54 Itiatit•$ 3.4 aeaveO. itch .ithOhl Sant
4' line oft a 1M-1M/re tract hex t,Df4rO eorrraya�b t*W. le, Zt1tli C,
7131.3! leaf. mrd ox Iasi. to a April!, ft*Mrf71 tl,7ldIt th h
%oath right Pi.vsy lint of tha 5;4%4 11X4h
Monti yl a .
,, MIMS, ttoevt}t 77 degree'.11 s,l:Lotes 26 lcaagslr rest+with fait South
Linc 2Q01.2'4 f:,4t, ',ore or lame, to a point in the gest line Of .,
oto X. troursard tut• ai, Abetr■ot'Qo, 417. ani th.a Hast line of
the TiHO Reamed TUrlee, hp;ttaet tt2. '1211 ,
•
IKLtsct 4outlt 2 awn., 5o Anatol la ssec4hde =art vith the 1*1r .
attLeoini iurteri.rabst:race NooY4 x1T,daidislanCn of 131 1l bla least line of ak.Toga
• sWCa or loss to nk pofat tot corn= Lall:atlnq the Norchvest cornfr •
of
the. Soettwcst nor quarte: of said rlxq 71ai17C4ad f, Uoa lac. 215,
khctrriet VO. 221r ter- _. ,
' waNct Mocah 17 de2rete 9 rafn,yua •i 'seconds Cae1" UigN Om assEtft i
lino 44 Said ;oI1trstet one �/vrrter 24S1.” ltd tO its Na:thaia:st y
• cotOoo: • ;
^M = South 1 dtthpAra. 111 minutia la ascends Gess Arith tri. tart .r,
Lass paintltanfono South that oft1&442R.di*aid R4sttan2Pa72t/S,t! ''
2LlX4CI23 en Etisnn sp, 2lilJ
ift alino aC the t. kceyaaars fu r
wey mato t•l
TM/NUsaw/ LrtL O 41 dl -with
solgth -e
• SMof1dDDtel * s:pLt l . 1ISandslthAbe £s+t 11.554-
44
iifai4i %ht L, StouSeesi Survey an6 It 2191.13 fact t,o the Southtes9 ,
carlAr of a4 i4 mer sa11calt hitt:/on MO. Iii acted the Plate at
, 4t41l%Itr4 , conRsining 111.7!4 serail, sore or last d.icrihed li Aced
from 4.1utl. Korn/die to GVCt4'F trollnit•d. Zoo.. 444 4of4 42144�1
p
nnyONhnf 21. 1916, 4n4 recto r/ad in 'lot ai. 1911, pa? r
t (Sl o: 5P{•aid NeeemeL at .teffersecn Winnty. a • A+ '
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4.140 6alaq u 11attkosat. Coraor T t 1r 0 pYtlsesd� $Fetus 711 -
tneact Samoa 41 ls dig. 5i u14. 2 19
req. t4st aa4 tht Hest lit, at
ALIA f t w 00/action 21t i dtitattea of 1114.94 L4.= 44 t gala4. t
emotes North it 404. 41 Mit. 11 sae. mast a alstan4a of 414.41
f4aa is Its 14Z1$1 Or atGZNWIliC 04 tits tarot tliri1a daarritad; Qy
t4idaad POdt Rareaar b t t4O Oe(i lashiu1', L5 deg, 41 044. 11 041. C3 .
acntriteAm wneweat at at•-tlae 344410 n;3aic nl*pwy MA.11;
1,itnnCC Napth 47 da
7215.11 coat •toa` Al43 is •ac. test a d�rtgra[ a.f C7
rant for eQrser;
11021o6 Seatft 35 det.. S1 wtn. 43 •ps.'"t'aat a dtA.uncs at d11
1051.54 #oat to • ;alai for corset;
5'+ItN4V /oath 43 der. 11 144, 24 roc. 5fa.e1 a 41444ea at
1161.91 [tet to a 041n4 ta: roma.,
'iItttCC loath d: q4q. 24 41a. 11 etc_ Wart . dlatanae a[
1111.11 teat to a palet. far earners
t1t$CT Scut6 4 44. (5 alc. 01 sae. Cast a dlttate4 of
141.92 feet to a pour to wooer
=MCI Sleuth 34 log, OS alt,. 12 ate. Lott • dlatooat 01
403.11 Bast to a point for cornea
TN:HCt 5 t LA deg. 26 ala.. 12 ala. carr a distance o,
1$1.15 feet to a point for COMM
THEMCZ• SoUth .t1 449. $1 oto. 59 ale. writ a dtttae.ee o0
313.17 daft too paint ror,Cari4c:
4A9r.D Sootb it Att. 31 Yln_ .d Roc. Kart a Ammer at
115_D1 fiat to a point 40r Sean re
?YLN[t myth 53 deg. 00 ate- 41 ace. itcat a distance st
3171.76 (fat to 4 point Sot carter; • -
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trrwrO iattt 44 dos. 51.old. 5I sao_ Haat a 4tatanew of
-110.04 Cart to i paint for ca:aori
'MOM Swath 51 doe. 14 stn. ?I fee. Witt a distance o1
294.51 toot to s polat er eorear;.'
111KOL Secth 15 der.. Si *tin. 11 ace. Watt t diitenee at
7111.11 Cf.C4. to a point for aorurtr
TRW= 11or4h 16 Qac, 16 sin. 31 It 144I1 a dist4444 of
104.1T toot to Oa 1o;E17 or ita1tl11Z110, 4pd contaiotiy 26.1.56
taloA 01 load. eft or Lata. alt at and +1 p!St of TlIc tldvat:d at
.CreoS 0.994/, 3�tract eta. t:1-. ant 2 t u 0 ;4,01ce 551. aetf
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