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PR 21072: IDA WITH VEOLIA ES TICHNICAL SOLUTIONS, LLC
P. R. No. 21072 09/17/19 gt 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. 16-323, 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, 2019; 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.pr21072 READ,ADOPTED AND APPROVED on this day of September, A.D., 2019, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor: Councilmembers: NOES: Thurman "Bill" Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: TA" / Valecia R. izeno, City Attorney APPROVED FOR ADMINISTRATION: Ron Burton, Interim City Manager s.pr21072 EXHIBIT "A" s.pr21072 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"ETJ") 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 s.ida veolia 2020-2024 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 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, 2019; 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, 2 2020, 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 3 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 Ell 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 ET], 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, less the exempt value of pollution control property as so determined (hereinafter referred to as the "Value Year"). 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 4 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 2020 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, less the exempt value of pollution control property as so determined. 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 10% 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 2019. Accordingly, a Contract Value will be established in 2019, 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 2020 of more than 10% of the Taxable Value for 2019, the Contact Value for 2020 will be an amount equal to minus 10% (or 90% of the taxable value for the immediately preceding year [2019]. In the event there is a fluctuation which results in a decrease in the taxable value for 2021 of more than 10% of the Contract Value for 2020, the Contact Value for 2021 will be an amount equal to minus 10% (or 90% of the Contract Value for the immediately preceding year [2020]. In the event there is a fluctuation which results in a decrease in the taxable value for 2022 of more than 10% of the Contract Value for 2021, the Contact Value for 2022 will be an amount equal to minus 10% (or 90% of the Contract Value for the immediately preceding year [2021]. 6 In the event there is a fluctuation which results in a decrease in the taxable value for 2023 of more than 10% of the Contract Value for 2022, the Contact Value for 2023 will be an amount equal to minus 10% (or 90% of the Contract Value for the immediately preceding year [2022]. In the event there is a fluctuation which results in a decrease in the taxable value for 2024 of more than 10% of the Contract Value for 2023, the Contact Value for 2024 will be an amount equal to minus 10% (or 90% of the Contract Value for the immediately preceding year [2023]. 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 2020 of more than 10% of the Taxable Value for 2019, the Contact Value for 2020 will be an amount equal to plus 10% (or 110% of the taxable Value for the immediately preceding year [2019]. In the event there is a fluctuation which results in an increase in the taxable Value for 2021 of more than 10% of the Contract Value for 2020, the Contact Value for 2021 will be an amount equal to plus 10% (or 110% of the Contract Value for the immediately preceding year [2020]). In the event there is a fluctuation which results in an increase in the taxable Value for 2022 of more than 10% of the Contract Value for 2021, the Contact Value for 2022 will be an amount equal to plus 10% (or 110% of the Contract Value for the immediately preceding year [2021]). 7 In the event there is a fluctuation which results in an increase in the taxable Value for 2023 of more than 10% of the Contract Value for 2022, the Contact Value for 2023 will be an amount equal to plus 10% (or 110% of the Contract Value for the immediately preceding year [2022]). In the event there is a fluctuation which results in an increase in the taxable Value for 2024 of more than 10% of the Contract Value for 2023, the Contact Value for 2024 will be an amount equal to plus 10% (or 110% of the Contract Value for the immediately preceding year [2023]). 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 8 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 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 9 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. 10 Section 6. Reporting Requirements (a) For each of the Tax Years 2020 through 2024, 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 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: 11 (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 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 12 (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 LSE'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. 13 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 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 14 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 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 15 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, 2024, 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, 2024, to annex the Affected Area or to enter into negotiations on the payment by the Property Owner of additional "in lieu of tax" payments. 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 16 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. 17 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 18 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 2020 through 2024, 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 19 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 for breach of the Agreement and to encourage timely payments, the City can seek 100% of all monies that the City would 20 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 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. 21 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 City of Port Arthur General Manager, Gulf Coast Branch P. O. Box 1089 Veolia ES Technical Solutions, L.L.C. Port Arthur, TX 77641-1089 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 27 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, 2020, and shall expire on the 31St day of December, 2024. [SIGNATURE PAGES FOLLOW SIGNED AND AGREED to on the day of , 2019. 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., 2019. NOTARY PUBLIC STATE OF TEXAS PRINT NAME: MY COMMISSION EXPIRES: 24 SIGNED AND AGREED to on the _ day of , 2019. CITY OF PORT ARTHUR, TEXAS BY: Ronald Burton, Interim City Manager ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF JEFFERSON § BEFORE ME, the undersigned Notary Public, on this day personally appeared Ronald Burton, Interim 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., 2019. NOTARY PUBLIC, STATE OF TEXAS APPROVED AS TO FORM AND SUBSTANCE: Valecia R. Tizeno, City Attorney RETURN TO: CITY OF PORT ARTHUR ATTN: CITY ATTORNEY P. O. BOX 1089 PORT ARTHUR, TX 77641-1089 • 1 )3 60 Oett • 1I 2 t7 3. C !' L gaga 1 Q1 8 B ifl Gk.) Earth ono-half of Lot L. (U. 1/2 of U), and all of Lo.c O ;Ina 0, and thrt «oui± one-Shalt of Lot A (v. 1/2 og EJ, and 81J. of ince Y and c, of mock KuaDor k'Xvo o£ tha C. F. SHIN 8U©DIVIEX4f7 qt the Howard PeOrme Survay, in Affar4oti Countyf Taxes,. as] the acme appears uvan tha nap nc plat t1eVaef on the and of recczd Jn Vol. 1, Past 06, t{np RuuoYtda of sail County Ana scare. TRACT _X'L mRrNd SC acres of la:t1, more ar Ir.n!s, being 1lixk lao_ 4 of the C. E. AK= M :VZS10$ in guwol7d DdCzz 1/4 - .Leagde, .Ahstsact No. 1.13, in Jaffozaon flaunty, laysr An sheen by plat recorded in Vaatute 1. rAgd 86, Hap Moores of .7ottaraon connty, Taxed. TRti cTT, BEIM c3.1 of tAttt Ji, L;.F,. $K1TIC SUriDSVXSZOH 04 175=tn out of tttc WW1) DCCJKo74 StTa.V1;Y, I,hstract Nuuhes 113, in Je£Prrnon County, :bxaa, as id indicated In Vol. 1, f'agp t6, of tho Kd7 nscord4 heratofOre tillad Pood'tcbol a:, 1883 tnc ciu::y Clcrkta vttic.of Jertarsan. county, TQxatt: 2l8xhr 7$orcy (40) acres of land, npro or Ins, located Ln the 7.`.1ti1;.0.22.t(. Co. Survay, Section He. 289, .dhak - ct No. bib, bn ng all of Lots on (1}, Two (2), ThEsn (_} altd Six (6)r Shock 'iw v4 (12) of tho C. E. 5Aikh Subdivieion, Jcftorbon Cuunty, TaXa9, nocording to tho mop or plat of record in vol. i., Fara 1.344 14,54) 1 oortt� in the Ottice of tha County clerk of ana.d County and f tato. • • • 6/1• http://24.73.252.74/webllnk7/DocView.aspx?id=14672&dbld-0(1 of 2) [11/10/2008 11:31:03 AM] liIACY'v: •s mot a: 4n4 • sere dt the C4aaohe atuaseca 2tae 1 Of t • 4tt 4V1:c:4tt JOi, .7tUrCISW1 C04,111ty and Mete par_ ticQla>;Gr EcnCribor 4c :1 of of said svri4r tr167,south • at stats aiTln+ay /l and oaattin-at ►Pp¢+•sttxat;al!' 322.4: . 1CX■s;. t7 VII 0480,1 oat "et and 4 parser the Wit atauaatrd ' CO Survey, Abstract 341, dotratiaa caudty end rQLI ver-, • ti.C4ir,Yl.y dwSsibod e4 OA tion Na e:eCtp 3G-22 a6TCs o: . said eusvey uhleh aiSOloi tract one. Alta Iyi12g Z:t:t. s= - of Stat. Aaglrray T . Rh, ;rapar44 rite t+ alaterinee ae ra=trust heltu-ln4 at the 3outlr,4a5 ensues tl+ 1s at Ciaoa ccuaiard • a as•oay 3.4. , etraet Nn. Sta. rpm PaLnt'tot negirmlee • . '• ly14)4 cr bokiT laca514 U th•fiat-1L4a or the P�t11w. '.. ' arouseeS.t survey 114, Abtt set Mo. 4414 • . - 2Detxe alang' sad with the Raft 11da ti: tht C. Ierattaare til. • survey Abstract 344 etwa•haias the ta.Lavly 11a■ et Exile •4^t:4.•:' • Szeiti4ardl Curvet' 314, E. 2 dtgteae, 41 le'..nutet, 36 strouit ';: pear, A dittor,,;a qt 1,(43,14, feel to in interrectlon vied . the Saute, 11-4114, O: Ll.y of Scete Nithwy :Co. ?3 a paint Ear .•y, , •-- ---•cvrntrl • ' ?Stew +7ont shd kSUPb , • , b ith :Tight o! Itpr pC s•thtt Yitkuay No. 73, It, 7] 424.3Ye+a, .14 rdnecca. 2G accc+hiF tial . cross[&, at 1,7:1,(1 ice„ the t:t.cLy Zino* at Gtrautse • s:ccseala euirvey Pa. 1t sane buL-ttr rho 344tarly lino at .ne{t. llsaanaart, tatvay Na. 11, 4nd tOhti;uaiag'ala, the • Ztia4;1t 1t14iht of'ter of State ai4.14V, in all e total 4Satilc4 at 3427,60 team a paik& to correC: • , - Imams S, 1 alegreae. 31 aat seas, 33 aacoais c., crotsi,ng thcav9h.the relit fre.tesarl tuITer SP. 1,5 pareliit to an4 ae all gofaka t!1 leak petyaaEt 142 is 41Aatxn9a Ctga t1,u - . west ling at iw ccp leo, 12 at &alai tine Arr44-tsrL Sault' • *O. 13 Abstract 11), a diatence at 3,492.91 fe.er. A palm • Ser.ccrt•r in ire Harte lite.at:. 4. N- O, k. 2.. Garvey, 3lbutreak 1411 ' ihiraaa I. IT dtgre•,, as nliMateRi, 23, tacotre 4l:at • alany and with tits Yarth 1LM at V. a t+1.Q.3.1t, aq,rut' Jlbctract 131, te1u 1z41ng thi i4ec6 Brie of >p.¢;• atoucRsrC Jury'', 15 A'Itf4et 3Ii. it i11 teat insulin the deethatet ' . carr.4r at Eo11.4 enlace/id S4rve' 21 abitratt 1ST, sa.ht tt11tr clic Sauttet.t=t gor,wr at Clcaphs beo4.i2ard Survey its hhsiYact • 741. continuing 44enoi anti v1t4 Aha Harsh lino of t. G ti.V. a 2, A. 2atve N,atr40t ;It 4.a- the tooth ling he•Rita C1eS7he ItaYfsird Suety 21, AIKtYatS 111, 6 .,?RAI. dtRRino■ at 3,3)1 ' , • tae Ra the aLeaa or Aetns Par >lagLntais4q of Nerai{t+ascribe& tract qs Parcel of laa� tiac Eno itl.6a ea4ea. nwre qs Ailess. http://24.73.252.74/webtink7/flocView.aspx?id=14672&dbid=0(1 of 2)[11/10/2008 11:31:27 AM) a dton tYa. X8{,1 Cy lauPlt :HAW• '� "•a�a w. ' J, t' A Rtlimui ta:x3orn • .a tai aP tt Highway 23 V. a pot t of Cho E. • Y, A SCI Ho. J87, and t1 sotttrtwaSE r,,,ite quart-ter 41 the T HO EMIMI &Curd N6, 135, Ab tt4ct Ne. 321, #aid tract being !nom ilardgu;ariy described by£hetet and 6o:mds.ss 12110u s, REGCNM1NC at a 4£)11 Stem for sesame Its the north Una of?dcNo lta()raze Section Ne--241 Iac:21YIrtg Ilk 1outheast corner of the t;, Etat..rssacd 5uryty'4 and t1K %outlives(6'4riier at She;7rk110 1011k-clad 5eeiion 215,Abstract tSo.321; LH .lJCE mouth 87 2cgqtece g minytr.s &d stocodt west with the north lino of die c 11*.:40 L iroad 5tctl n tuns. 282 and 231 srtd midi the matte Iine of tiro 31 .flrtidli rQ Surety 1418,Li feet to a point Inciting the sow hwr,:it corner bi the scat e of Ise4 herein desalbcd; _ Q 'FtfcUIC1: note% 2 degrees 30 minutes to iecands west with the cat; lint of,4 re 160.2-tCtrtct hcrctolott conveyed to W. 'I. LcOlax 249$. 5` tt¢tt more oe Jess, to a drtJJ stcm far stake In the Irani%tithe-ol-way tine of the Stater Highway y) to r_c 913 acct width ht�+hway;; THENCE,ooe-th 73 degreet 31 minutes 76 seconds esut with said roue%line 20004 fete, more er leer,to a point In the cast line of the E, Eroussard Surrey, Abstract No-dsi, nd In the west lir,c u; the TbtNO Rittru 4 Survey,Abstract No.321; THENCE.aocttlt 2 drgrccs 30 mirn; es IO stoonws east v nth the mast fine 01 the >_ grotasard Surrey end in the west Utes Of the T&140 Ilatlicoid 3uri,oy, Ani tract N . 321''a dinar,££ of 133.33 Stet, more nr-Itit to a point Sur CO:nor locating the rtorzhwest center et tho southwest txsc quarter of said Teri kbilroad Sectlort No, 281,Ab3trect No. 321; 'r-I NcE rtarth 82 degrees 5 minutes 46 teconds cast with the nor rh line of aa!d southwest Mt{{u.rtir 2451t.1j feet to 119 northeast t;Orler; Tb INCE south 2 decrees Ja minutes JZ seconds east with the tont Itne of asjd eutt.hwest t9n9e eluactcr u: sold s^_c:tat 4)-4.72 ieet to a point itt the so:,'ttt Jinn ai TtkNO Rsilcond Scream Ko. 231, Attsiract tato. )2t, and In the north lint,of die fr tvousLard Survcl(TAN()Ral[roed Section Na.212h. _- 7JirNCF, act th 1; dcbrets S mirs:tcs 44 seconds westJth tt,c, 3J+:h lint of uta TetNO Rx?lrtsa4 Section No. 2E3 and with the tooth tent: of tht E, gro,;taird Suryey aid zt 2453.31 Tett To the southwest corner of laid T&No Ilaflreao Section He, 263 tad the Place of ©£Finning, contalrtL 2a1.,29a AVCa. marc or (cis, being all those tracts of [and etcscr;hed In deed from C,7,,Cf. hicRoddln to Duchl Unlimited, bene., saki (Iced crated November 2d,J9x6 #nd:oCordtd (n t'alurn.e 1911,Rage 434, of she Deed Etecord.t et ie terson Cedntyr The bearings er this instrument are bated en the bearing used ty Me Texas N:gh.icy(o;State Hit hvay 79. • • • • • • • • 44«!L http://24.73,252.74/webiink7/DocView.aspx?id=14672&dbid=0 1 of 2) [11/10/2008 11:31:41 AM] pair & a d •ice,•y.'CX1 i 4slwxa trKI 44 1441 art at T 4 r .,a_c.. 14.'1 .4 111.33i 116, S..e•s4.4ra 444(4.4/IINl/Mate... 111 44 r.Ma N.441.4.t l.taty 6S43.4lCc •*•• 4413'.C. 141.111 tatty 4l.it.wtt#lit Ja.s 411119tn[ a:r, Two.vets 74 at .6747 441141t4l/tr,G11640.t4.• .t1.tt.,t 7e1 tit at 744 47141144.441*4■.:.,....,4 aa. , 4 M,�.te4e p. 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[ta�etr 1 041.a4ai,i;e'iei4.4 I,Y.1•r•t 1. i•••4.1 . i T4s,.,.444reh II' IT' 11•Wj u ►tl.etat•.1 1JSA.tt+ Cu ;tis i4,+i• • t11411•3414 4•...s Skit tato■ it I. t. r.1••1.1114•03r1t1a/; •. 7 [hent,%Vele 1i' 02'71'(141 alta'tai)tI4;4M.4 sail Ilyik 3. • •.stat.••a.•3 1,7{1_11 ChM 41.1 141.1 tae£41..41. % itt.td to102.6 tree vast, melt.14e4 ••••IIutpwooum/. 44 1.41114 Mt-hat4;sirsr l ai the 9444 00.441.00.441.11,11.1.Ma Nay 441*3.. 16.44413 i rb.ca stiet1.et• 24' ti^;4ec...t1h ih. 411 et.at Oft 4441.a-k414 .•.1 thu rt../471047 1vr1.y a itatface at 1,12.21 tett it!'sant tae • .44+.414..tat 144th 144-•t VII*"4 0.rw: •'-41,1 4301 ti..,44fI 4•I'Talrly%toga t tNt1..f 1 TA:th 30' Si..11.4" • 4.4 a 321 •I tis'.: 1=1tt,c1 L)' ti 4411.0 0.11 •elft 34.43, /7 • 111' 17-11th.71a,u 41st t4 y4 Iwnlhte41%4wt 4C 4 1(•11 4•40.7.4 44 3.-.... a.I.1 ,•lm Ili 4is 1 uw.4rtt44440 Gs004414 DM 416tit+Jc/jafa..44144.In Theme hub 44' !T' 11'tint alta dm JM►1111•.Ili n44 4thllftnr • 1 711%1.a Causer.1 2143!flit La a lona Cay until . Tolosa stash Cr 1!'4i'Cut.64141144 MAnet it tai fi11kittie i441, • e 44411.+*at 14,15 104 it+ti4e4 Vat easra.i . • lanes.grab t •2r II'tau.•4141,iia itw4a,r at OK Ithal hart trait, • • .hue's.lS*17.41 tats.4•A et lit, f 1 tia,.t.Rath lit'},y 4s'twK,441.1•.4.s 0414 at.4 4t Y..114.1541.(4 Inset. ' . •.416..4 4 t It.,.ta....4/.two ca.... /a/a U.1 tw4I sty,nwt'.n • •4■ u wow, Ma. rat • • 1�uMa,451.lea l.,.th■t Tel 1I.4ut II."4($tuI4 4l Q 4a.. 3i •1 t.11s.1, L+a1 ai• 111' I 14#41. 7tt 14 1.aat tw41.el es• toe wit, . 44'41; [het•:1.•1.!.4,14 3 14 Wi. Ie lit .,tt 2..A 41• 74• et.4.4...t., 104444 haat'et troch 1 Wm', 114 Ia 1441 611 its silts.i 1wt4f 4.41 •4 tM irKI 1110.4.41.444 ,A• 11454 Rttlrrss 111..114164 Of vast Eru•!17,1 Looted 011*...tuiVi) • 10401.4. ty�,111.72'44'tats *lava 411:44411 It/.14 MH oiCit• t•-r.tr •Si1•L4r as cast elm of 7 i0 0.4.444114+ ii,4 q3�e 1114114• 142.3 4SMit al•• to'1a►0404 fiitG+1�. 4444 a i ass. a 20-th 11.w.t1a.p�i*.•MtiNo*is44ii R a lut4 LI. cc...C+.t.ft.11M, • , %i rill rcifts Jt • %elft eot iil t. •M•ttttri/4 4 t'43vot aa, *i Csi at WW irl}•t1M C,'eMt'44 2414144- - ct• 4a•14 lit ju-rot•l1s41 111.43;441 41.1.1..r k.s •' T1o. . . • . eifA 10....,:. ...tr lit http://24.73.252.74/webllnk7/DocView.aspx?1d=14672&dbld=0(1 or 2)(11/10/2008 11:31:55 AM] Dye b 0E6 bCT ax: 112-111r: 23.747 aeras out or and. sart= or t32o T. Brvti. nxd 6i1t."vaye Abat>;act huabo:' (/d, 3ottara.on CQ' tY. Tera ba-nq tato Oat of Gild a part of tha Thomas Y. Pariah. C} 72.11 acre t1'nct:, said VetIali Tract bung out of the c s Northwest cornnr o4 Gha Paid T. Broussard Survey, Pitta tieing noxa 1ptrtkcularly Faacrib-cd 41 tc4.1ous: on 4 OfGj;iNnjG et the Northwort torse}r or said '- 3rocssara survey, a 5/6 inch steal yfor corner; -' i-n rD 'MENGE, With tato tiGa� line 4t eaad V. nr-OUSArd Survey, pQ, south 2 deg. 51 min. x7. ace, toot yes.67 fact tc a 1/2 int l� ittos% pxh for cornsx, tho PX)C1r o* P1tC12fi1I 1c of. the tract ho>rair; +descriSod.; rfrtaer, continuing w,t.h thio Neat line Heid 7. drouca.ztd Garvey. 3cuth 2 deg. r; min. 22 na-_ fazt.5e6.67 Cant to a 1/Z inch a^..aal pin toe terser; tie>th 07 dog, 07 utin. 30 Etc. xnet 17sc.0 Sent to a 1/2 inch atcol pin for corner, said corner stung kr the last, iirr. et'. said ',bogus P. Parish Tract; 27CEttca, with tbs tort lino of. said Mona, Y. Paris% Track North 2 deg. 52 ra1n• 22 sac. West 5116.67 €Pat to a 1/2 Lnch steal pin for Corncr; 'AifEhm, south 67 bag, oT tin. 3g sec. >rio2t 17E0.0 teal: to the FIACE a: 4ESENNIN4 and canrairnlag X3.743 coact more 8r Iesb. • • • • • �y5 http://24.73.252.74/weblink7/DocVlew.aspx?id=14672&dbid=0(1 of 2)[11/10/2008 11.32:14 AM] . , • zrzor or and o pert or th4 Cltapna tdB$S ravel. Aeattact 1f� XI • 2Qlr .earl°� C174Aty and tm:e'partictalar.i; detach** .i all 01 • • itis stsvcy lying tooth of Stott tCigh+iiy 73 old tOr�ttinil.y Lpp,ozi' • a.at411,-; 171,15 ricrac anti the met Negcecly 31,37 ick i Oct et and a part sof ttia G•11C Iscauiaagi Evivry,, 7.1,►trateL SY. .7a fareaa County, :cleat lying Smith of State 33ig)tuay 71. ill btinc Mart ' y'ma'titJlarly daa.eY ad as folioed ' L'�ttnintoc se. the SW cognac eE Cltepha lecdessaard i.avcr 11. xhraraet• - No. 9rt4 aao.a-toiat toe 73k1innttq 1yit.a or briny ttleita4 in cite f=act llnc of the ri+ila Drouacard 3ucvex 014, as att4Ct No. 417{ • THrHCt aloni and t:lth the !acct lio•. o.1 the C. lts;ovcsirt survey .kt- t� •tract 341 seatloin' tha Caatarly. 11110 Or mile lrrutte,d Cu-,,,ay W. Ili, a. 2 da4Yaas E1 olnttase ii seaonAs Nett, a dlatanct of - -1.0111.17 tact to en intara4ction %ktr. the Son:h-rLi it cf .-.4y of Cry 7Lcr•4 kllghvav ):o. 72. a pdiat :o: Coc7ttr: O ?first! alar.9 and vktA the Scut:. richt of t:ey o, ,t.tto hishvcy Ha. 73, N_ 73 degrees, 31 ninMteg, 21 teeond(a r.xt- eraasing 4t 1,7X1.3 tett_ the t4tter3y line cf Cleopha ;rouaase'd sur.my :10_ 1e, ia.-a r=1, • being the vc21erly 11111 of resit! ler oust trd'Su rv.; uc. 15, end co:,, C4 tinuir, t1orl the south right of h+ey n: Sects' Ili(h'l), In !ll 6 K.) tore, dittancc of 24.27.25 tae= 4 polna cox cvrncrl • THsr;C'S S, 1 deg tel. 11 ninuzee. 75 sacondo Z., c;ctlin2 theou>)t1 Rha ra11)( ar0s.:lgard Sucvty No. 1S parallal tO cad it all points 401 _oat ostpaadleules to dtstanrr A'Yoes tl.a 14e4: 13hc o: iu'vay nc. .15 pt'acid X•ila irCurcaz-d 7arvey aro. 11 2,1,atract 21). 1 Calcine', c.t 1,115.)7 r4*:. a Point to: ca-n.,r in tho Nara 1Lna at r. a N. O. Rx Survey. ibetvict 111: • SI`tNCL S. i7 da;raal, C2 1.1.Atttd7, 25 aaca:rpa Nc:t *inns end vit.') t^4a Morals line of R. i 11.0. }A 6urJcy 42 5t Aet J21. raise Laine _tee • Soot.'. line 01 tcaito bcoateece 5urvay 1S Anitract 117, os 411 tar: pasting tent Gout.hueit. 4oFee7 of >✓vixe araysserd Aarvoy 15 Abetrect - 347. iaa4 ttalnp t.be govs.i:taat cvr.'rte.X oz etttO?T,a Epe+rotarf Swvty • 11. 'Xt,Itrarl 311, eootih41h4 along and -Leh :.Stn Ro::,,% lira of 7. I I.L. 0, P2t Survr,y xystsact 322 and.-.Jot Touts, Ilea of tic Clooq l' . nreaaae_B 3uavuy 14, ).1ezrace. 3to and the., $arc .e sot,.' )Or• ze.c:.n+:_ztiq of hcrfLn date-Lbad trNot or partel o; leOd ctNttaihtnc • 162 .t=ae. Wore or leer. • T3U,C?rzY.r,INC all of V11 L.-t! r;oussoz4 ..!,4,----".•:-. 1.�1,t::act C No. 451. 17tQ n..,Liro.. S.-ctlon !to_ 2441 a7,+t •11 aa'sdvdth or Stazs 111;hwy 1 aq,J a pattiad Of tht L. P;cutaerC'13urveyl 1421 X 'sc. No. 217. 4n4 tri• Sou:hvaSt on. !anoetic of a2.a tub 7..4.61xead Bactlon An. 215, • f,naerart Hb. 321, aaif t.aet belt!? r.nra yarcicult_ly 4ticctliC L; rigtes tae. 12bunds 5s 10110,0.1 a£.1s2?iltec .t.4 dr111 Atari ser 'take in •t a Worth line a[ Tettd 7eai2rdad section 21a. 345 lucacirt tilt LrrvtY..ata torn. of-eh. C. arausanc4 Survey's inn the 30'Fthvest cor:rc;, cf. tee /I-NO a6i1r6e6 • Section 135, 2,IIar:tct Nil. 3l1r TY:.-1 t South 97 do5cees * ntndt,e2 f6 seconds rt4:7' µit! the I+oE;}; line of the. t1),0 p.ai,lrold 54etion Nos. 211 and :IP ani vSth Oa • South Lina oi•t k X. Aroaasird SVA-.gay 11511.15, feet to a point 10- cet5n2 the Soutllueri cornet 05 the tract or .lstsdlottela di:t„ibc4t TertICG Borth 2 dagcete 30 fekn`ttas 3.6 etasondo vett% aLt... aha Zoot • line of a 160_7-atr,e unit 4textatot ro convoyed co t. ie. Lcalenn, , 2415.14 Cott, more or lila, t0 a drill, ft6i Cor mate in eh4 - oattt r19)ut 151,c+a2 lint at t:ht 3Lat4 111i11vva; 73 (4 714-toot v1401 • ?hTa1Ct Norah 13 teertti .31 eelnttes 21 Seconds tart With Jail scuta 2.Lne 2c(1.74 fast, kora or !ass,. to 4 point in the Zeit llna of Ute r. troueslyd Evt'ay, Jalrtrant No. 457, and the Wast lint o! - the tau) Slailroad brit^fo),, hpstratt Il , '2211 • • ".xtrlrGt forth 2 der,rose 50 rittoutal 14 seconds _esit with the 11.1C 'int of t7ta L. tro,aaaird Survcy-and i-r Aha Heat lin. at the TIN! 7t a3.trOad'Survey'. t,,bkexaee No. lkl, • dist•nea of 17).11 fait. • • 'Dore or 1471 t0 it paint Cat 04triar lototing the'tot chvect corner or tit SovtTNc,t one gvarte: of said ti310 71ai1road .edttat No. 21S, )hits act Na. 723r .....- . • 7HLNC-t Horth 57 shirty; 4 MSnutas +i6 canons* Cate •+ith 0,4 iotth i - lino a said toUthMtst one gut rt.r 14St•3D fact tits No:theett • cotn•r? . ;Wg4CC. touch 1 4egrau it ttiuutat 14 1LCOrat Gone. vlt„'-1 the fast line o1 geld Zoeth'ert ono Qoaxter Of said F,CCtion VO4,..32 Csl. tV a point feat Crit: iouth lir.' of 2030 ltiiivaad 14ct1an No. 311, 4,114tXacc No, 321, and in as Norte 1.1.0o of ch. L. arousstro iu=- vay (;04p 1atirtLd section Mo. 146); ' TP.CE Scull P3 Cevraill t f4frites 45 stoonda Wm, with 0,4 icnth 'r tine of iii6 Dill tti2rotrd C.Cti.on 1 o. USS and v1U the ia4S1. 1111 or th4 L. )Lrausflua sorvty and,Itis 2t5a.I3 te•c to chi idsittveiS - corpar of said 741,0 Rtilr.ead arttech e1A, 215 aa5 the "lace At • ntgio„inga• eontninln2 711.7%4 aerie, nose or lite 641cri'41 in dree . trot} C„k.li. w.TaddCf. to Ducks tintitritod, 11%0.. *tie 41011 dated . navnT2.ar 21, 1171. at-e recorded io volw.e )oil. Faze 054 o, Oawl M. ..}6(14[46AcOrA. ..}6(14[46A C.Q ntv. Teaea. ci#L Ai, �,;7 http://24.73.252.74/weblink7/DocView.aspx?lei=146728tdbld=0(1 of 2)[11/10/2008 11:33:10 AM] s%,aibtt "A" • • TOOT 3 TI t Iii +t Ike emekeeei, noerer or oto Navatd M Cray ssryey. Ab auto. Ne, a/I. Jefferson County, !Taimyr said.point Ih _ olio 641102 n iiottleye Career of T 4 it 0 Rellsaa4 *settee 414 '- tltestee fanLk 41 4124� fSI iota. !2 toga s saloon ``bt Fest lisle at t=i•aid t 11 0 Sac fon 1tt a. dtatanea of 11%4.10 !sea to 4 paints CC.1 • thaeoa Wat9h t9 . I7 pia. IS eev. Teat a dliteece v( 424.41 rias: to tks !Gift Or frfinniff of tits treat htrtia dsterfledi ay veld POIRT Or Stad11MS Atte !las South 5.7. deo. at wis. ti act. 'Saar, a distance' of 111940 (art raga o 'resat vittfvay teparteoet Centerline wneneat at station 704w00 at Ittte niviav a Ye. V7i 17 d 7!ni11CC Noytlt + d e'0- Ai stn. 11 sac. tact a diattret of 4 e- 7735.11 rant to • point for coraco; N ?Met tooth 13 day, It. win. 4 .pc.' la.t w dtit•nco at 1653.14 tact to • retnt for coraco; rAtN4g loath 11 deg, 13 r.1.ta, Ta tad. %trot a dil:ansa at /461.!3 Cot= to • poknt lot cotter' . tatttGC south a: dao- 7L silt. 9; res. wart . distance of 11'.11 Coat to y paint; tar resn•ae ist+LNet Scutt, 27 dal, 49 al aT sae. C9Ft t dinette of 011,92 tact is I valet ter earns! • 14724CL Stitt) 39, dec. 41 ate., 12 sec. tact • dlat•nta'c4 4ol'7i !,cat if t faint (or e-orneri Inn= fo'atI 11 deg, 2 tt1a. 13 ata. t:azt a dtstaacc o, 111.11 teat to • paint tot; corner' Ttl6NGU earth -E4 dig., 11 ata. 69 nae. ;cit a Qtztatts pf 5fi.17 Cott to a point tpr,pa:agrr Si'(tt£ Sau(h 31 409- 31 life_ S1 ;go. 'teat a aistene. of 111_D1 teat to a point (or corner? 0CINCe South if deg. 00 stn_ to sec. kcal a dtatangr pj 271.71 tsar to a paint lot career: tCri1G'G 2coth it dna. Sl stn. 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( cine- ,�.` '~ %i 'i.1 tri o:,"r r e•f e r r�ci •t.a as 'Che T. 1i✓ 14. 0 .41' .Rai1road . .-Su"v.$Y Se.m't4ort NLi nDer e,w 4.-it' y -.:.'••.10.K ti i1'' • ZElES) . von ct••"b0ino, the .arnxt 1 *trnO daa- • .4: 1�•I• ;1 , �: .a or.4 b o�i ire el . c o-e d ,1 r O rn H 1 r r y V, ' •..�aj +.� .• •• :_.)� •:•4• :'`" "ii Mew .• •••i Ni71'1.S ort • .o C C. f1_ W1 1 bank , da t:c d L •h !j 5 s♦ ,► , Novamber 1- , 10E',0 , •8•nd recorded. at ' jar , ti ,, r :.0.•`.4:••'�r J. • • •i V4o -'La m+e 2307 , Page •eS, , C�la act i .''':,;r;*,i.L' 1 A-1!..1" f• a••7 i. : 0„ •.. •;.i ry�.+cVr . . icrciS, :y®ffe,r;Ol Count.Y. Texas-, �f,:;,,'' �1Rtp , _ ,.' 9, `.;' rittC i:1?..i4'- � j rctlarericElm- ares It4re4n';f. ,.;c ,t•%{ • 'maria• fiard 'licit r 't o : p -ivut' ca p •pase. +;i•r•1y • - .:",11 ''' ' • , • •. '� is • - FR.£O FOR-RECORD • • :, �'•••••f,... 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