HomeMy WebLinkAboutPR 23806: IDA WITH GT LOGISTICS, LLF FOR THE BLUE AMMONIA TERMINAL PROJECT P.R. No. 23806
06/07/2024 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN INDUSTRIAL DISTRICT AGREEMENT WITH GT LOGISTICS, LLC
FOR THE BLUE AMMONIA TERMINAL PROJECT
WHEREAS, in accordance with Ordinance No. 24-22, the City of Port Arthur has
disannexed 11.59 acres of land from its corporate limits, incorporating it into the
Extraterritorial Jurisdiction (ETJ)/Industrial District to facilitate GT Logistics, LLC's industrial
development project known as the Blue Ammonia Terminal Project, and intends to enter
into a separate Industrial District Agreement (IDA) exclusively for this purpose; and
WHEREAS, 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, the City Council of
the City of Port Arthur deems it in the best interests of the citizens of Port Arthur to enter
into an IDA with GT Logistics, LLC.
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 an
IDA with GT Logistics, LLC exclusively for the Blue Ammonia Terminal Project that will be
located in the ETJ/Industrial District, in substantially the same form as attached hereto as
Exhibit"A".
Section 3. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
4
READ, ADOPTED AND APPROVED on this day of , A.D.,
2024, 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:
0
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
Jrnes M. Black,
nterim City Attorney
APPROVED FO MINISTRATION:
Ronald Burt , PM
City M ger
EXHIBIT "A"
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
INDUSTRIAL DISTRICT AGREEMENT
This 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 GT Logistics,
LLC (hereinafter referred to as the "Property Owner") .
WHEREAS, pursuant to Ordinance No. 24-22, the City of Port
Arthur disannexed 11 . 59 acres of land from the corporate limits
and into the extraterritorial jurisdiction/industrial district
(hereinafter referred to as the "ETJ") at the request of the
Property Owner; and
WHEREAS, the purpose of the disannexation is for the Property
Owner to proceed with an industrial development known as the Blue
Ammonia Terminal Project (hereinafter referred to as "The Project"
and described in more detail in Exhibit "A") and, in connection
therewith, the Property Owner would like to enter into a separate
Industrial District Agreement; and
WHEREAS, pursuant to Section 42 . 001 of the Texas Local
Government Code, the Legislature declares it the policy of the
State of Texas to designate certain areas as the extraterritorial
jurisdiction of municipalities to promote and protect the general
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health, safety, and welfare of persons residing in and adjacent to
the municipalities; and
WHEREAS, the ETJ of the City is the unincorporated area that
is contiguous to the corporate boundaries of the City and 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 (the "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 interests of
the municipality; and
WHEREAS, the Property Owner owns the 11 . 59 acre tract of land
set forth on Exhibit "B" hereto that is now located in the ETJ of
the City that is designated as an industrial district . Exhibit "B"
represents a true, correct and complete legal description and map
depiction of said land owned in fee by and/or leased by the
Property Owner (hereinafter referred to as the "Affected Area") ;
and
WHEREAS, pursuant to Section 42 . 044 of the Texas Local
Government Code, the City may make written agreements with owners
of land in an industrial district; and
WHEREAS, this Agreement is authorized under Sections 43 . 0116
and 212 . 172 of the Texas Local Government Code, Vernon' s Texas
Code Annotated and Article I, Sections 5 and 6 of the City' s
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Industrial District Agreement
Charter, and the parties agree that the terms of this Agreement
are reasonable, appropriate, and not unduly restrictive of
business activities; and
WHEREAS, this Agreement includes provisions concerning
tangible property (whether real or personal and whether owned
and/or leased by the Property Owner) in the Affected Area and
utilized in connection with the Project (the "Affected Taxable
Assets") ; and
WHEREAS, in previous Industrial District Agreements, the City
has articulated its concern regarding the unemployment rate of
Port Arthur residents in an effort to maximize job opportunities
for Port Arthur residents and contracting opportunities for Port
Arthur businesses and contractors; and
WHEREAS, the City created the Port Arthur Business Enterprise
(PABE) program, with a goal of improving opportunities for its
residents and businesses; and
WHEREAS, the City is interested in working with industry to
obtain information on current hiring and procurement efforts,
including results, and to increase employment opportunities for
Port Arthur residents and procurement for Port Arthur businesses;
and
WHEREAS, the City wants to encourage additional new capital
investments and job creation at the location as it pertains to the
aforementioned Project; and
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Industrial District Agreement
WHEREAS, the Property Owner plans to make an estimated capital
investment of approximately $225 million in the Affected Area in
connection with the Project; and
WHEREAS, the City and the Property Owner desire to enter into
an Industrial District Agreement with respect to the Affected Area
in the City' s ETJ; and
WHEREAS, the Property Owner agrees to provide written reports
to the City regarding its hiring and procurement practices on a
semi-annual basis as it pertains to the Project; and
WHEREAS, the City desires to offer an incentive to the
Property Owner as it pertains to the Project if the Property Owner
meets certain milestones based on increases in the hiring of Port
Arthur residents and the contracting opportunities afforded to
Port Arthur businesses; and
WHEREAS, this Agreement shall be effective and binding on the
parties hereto upon execution hereof on behalf of all parties to
this Agreement, and shall govern the City' s contractual
relationship with the Property Owner with respect to the Affected
Area; and
WHEREAS, the City finds that the provisions set forth in this
Agreement are in the best interests of the City and beneficial to
the general health, safety, and welfare of its residents; and
WHEREAS, the Property Owner find that this Agreement is
beneficial to its business operations; and
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Industrial District Agreement
WHEREAS, after the expiration of this Agreement, the Property
Owner agrees to make "in lieu of tax" payments at an amount equal
to one hundred percent (100%) of the ad valorem taxes that would
be due for the Affected Area if it were located within the City' s
corporate boundaries during the applicable period for which ad
valorem taxes are being calculated; and
WHEREAS, the City Council has determined that this
arrangement would best serve the public' s health, necessity, and
convenience and the general welfare of the City and its citizens.
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein, the City and
the Property Owner agree with each other as follows as it pertains
to the Affected Area described in Exhibit "B":
Section 1 : ETJ Status, City Services and Code Enforcement
(a) Pursuant to Section 42 . 044 of the TLGC, and subject to
the terms and provisions of this Agreement, the City agrees and
guarantees that during the term of this Agreement, the Affected
Area shall be immune from annexation and shall continue to retain
its status as part of the City' s ETJ, except as otherwise expressly
provided herein.
(b) The Property Owner and the City agree that the City shall
have no obligation to provide City services to the Property Owner
in the Affected Area with respect to the Project and that the City
will not extend any services to Property Owner in the Affected
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Area with respect to the Project (unless otherwise provided
herein) . 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 . The Property Owner
agrees not to imprudently discharge storm water from the Project
facilities located in the Affected Area or contribute to flooding
on adjacent property through the discharge of storm water from the
Project facilities located in the Affected Area.
Section 2 . Description of Affected Area and Reports
(a) The City hereby designates the portion of the City' s ETJ
described and depicted on Exhibit "B", which contains all of the
land owned and/or leased by the Property Owner in the City' s ETJ,
as an Industrial District. The Property Owner hereby certifies
that Exhibit "B" represents a true, correct and complete legal
description and map depiction of all of the land owned and/or
leased by the Property Owner in the "Affected Area". This Agreement
solely relates to the values assigned for the Project as delineated
in Exhibit "A" and located within the ETJ/Industrial District in
Exhibit "B"; and
(b) On or before May 1 of each year during the term of this
Agreement, the Property Owner shall furnish to the City a written
report listing (i) the names and addresses of all persons and
entities who store with the Property Owner any tangible personal
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property within the Affected Area in connection with the
Project (hereinafter referred to as `Products in Storage") , and
(ii) a description of all Products in Storage in the possession
of, or under the management of, the Property Owner as of January
1 of such year. The Property Owner shall file all reports required
by the chief appraiser of the Jefferson County Appraisal District
("JCAD") under Section 22 . 04 of the Texas Property Tax Code
relating to (i) third parties' property that is in the Affected
Area with respect to the Project and in the Property Owner' s
possession or under the Property Owner' s management by bailment,
lease, consignment, or other arrangement, and (ii) storage space
leased or otherwise provided to third parties for storage of
personal property in the Affected Area with respect to the Project.
Section 3 . Payments by the Property Owner
(a) The City levies ad valorem taxes for general revenue
purposes on the value of land, improvements, and certain personal
property located within its corporate limits ("Taxable Assets") .
If the Affected Area were located within the corporate limits
of the City, Affected Taxable Assets would be subject to such levy.
As part of the consideration for the City' s agreements
contained herein, the Property Owner agrees to make a payment to
the City in lieu of taxes with respect to the Affected Taxable
Assets (hereinafter referred to as "In Lieu of Payment") for each
"Tax Year" (as hereinafter defined) during the term of this
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Agreement "Payment Period (as hereinafter defined) as provided
herein. As used herein, the term "Tax Year" has the meaning
assigned to that term in Section 1 . 04 of the Texas Property Tax
(i . e . , the calendar year) .
(b) On or before October 15th of each Tax Year during the
term of this Agreement, and except as otherwise provided in
Sections 6 and 19, the Property Owner will remit to the City an
"In Lieu of Payment" equal to the applicable percentage for the
tax year as delineated below of the "Taxable Value" (as hereinafter
defined) multiplied by the City' s property tax rate for such Tax
Year as it pertains to the Affected Taxable Assets .
For avoidance of any future doubt or confusion, whatever "In
Lieu of Payment" Property Owner makes under this Agreement with
respect to the Affected Taxable Assets supplants and is to the
exclusion of any "In Lieu of Payment" which might otherwise be due
under any existing Industrial District Agreement with respect to
the Affected Taxable Assets .
The Parties agree to the following Discounted Rate Table as
it pertains to the Affected Taxable Assets :
Tax Year
(beginning January 1st of year following
construction completion) $225 Million Investment
Year 1 25%
Year 2 50%
Year 3 60%
Year 4 70%
Year 5 80%
Year 6 90%
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The Property Owner will report and certify to the City that
it has made the requisite investment in the Project within 120
days after the completion of the Project (or 120 days after the
Effective Date, whichever is later) . In the event the investment
in the Project does not exceed $225 million, the Parties agree to
revisit the Discounted Rate Table and utilize the discounted rate
applicable to the amount invested under the City' s IDA Policy.
For illustration purposes only, the "In Lieu of Payment" for
Tax Year 1 would be calculated based upon a discounted value of
25% . The "In Lieu of Payment" is an amount equal to 25% of the
Taxable Value multiplied by the City' s property Tax Rate for such
Tax Year.
(c) On or before October 1st of each Tax Year during the
Payment Period, the City will submit to the Property Owner a
statement setting forth the calculation of the In Lieu of Payment
due from the Property Owner for such Tax Year.
(d) For the purposes of this Agreement, "Applicable
Percentage" means, for any Tax Year during the Payment Period, a
percentage equal to amount specified in the table referenced in
Section 3b.
(e) For the purposes of this Agreement, "Payment Period"
means the six (6) year period beginning with and including the
first (1st) Tax Year and ending with and including the sixth (6th)
Tax Year.
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Industrial District Agreement
(f) For the purposes of this Agreement, "Taxable Value"
means, for any Tax Year, the appraised value of the Property
Owner' s real property, tangible personal property or mixed that is
included in the Project and situated on the Affected Area as
determined for such Tax Year by the chief appraiser of JCAD for
the property tax purposes of Jefferson County, Texas as of January
1st of such Tax Year, less the exempt value of pollution control
property included in the Project and as so determined. The Appraised
Value also includes the appraised value of any property included
in the Project and that is located in a foreign trade zone or any
other type of federal, state or local zone as it pertains to the
Project .
Additionally, the Property Owner' s Taxable Value for the
purposes of this Agreement for any such Tax Year will include the
Taxable Value of all tangible personal property located and stored
on the Affected Area as it pertains to the Project that is owned
by third parties and is in the possession or under the management
of the Property Owner by bailment, lease, consignment, or any other
arrangement with the Property Owner ("Products in Storage") on
January 1 of such Tax Year.
(e) For illustration purposes only, assume for Tax Year 1
during the term of this Agreement that the Taxable Value is
$200, 000, 000 and that the City' s property tax rate for such Tax
Year is $ . 792 per $100 of Taxable Value. Subject to the provisions
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of Section 6, the In Lieu of Payment for such Tax Year under this
Agreement would be $396, 000 calculated as follows :
$200, 000, 000 X 25% X $ . 792/$100 = $396, 000 . 00
Similarly, for illustration purposes only, assume for Tax
Year 5 during the term of this Agreement that the Taxable Value of
the Project is $200, 000, 000 and that the City' s property tax rate
for such Tax Year is $ . 792 per $100 of Taxable Value. Subject to
provisions of Section 6, the In Lieu of Payment for such Tax Year
would be $1, 267, 200. 00 calculated as follows:
$200, 000, 000 X 80% X $ . 792/100 = $1, 267, 200 . 00
Section 4 . 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.
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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 other mutually agreeable
party) (referred to herein as the "PABE Facilitator") .
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
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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 Semi-Annual Employment Roundtable Program
facilitated by the City. The goal of the Semi-Annual 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 its Nested Contractors (as
hereinafter defined) . The Semi-Annual Employment Roundtable
Program will also address issues related to improving the workforce
within the City to meet the needs of industry.
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As used herein, the term "Nested Contractor" means an employer
that regularly operates full time at the Affected Area providing
personnel or services under contract with the Property Owner.
Section 5 . Reporting Requirements
(a) For each of the Tax Years 1 - 6, the Property Owner
agrees to submit on a semi-annual basis a report, attached hereto
as Exhibit "D" (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
PABE' s by the Property Owner, as the same relate to the Affected
Area. Each six-month period for which a Report is required herein
is referred to herein as a "Reporting Period. "
Section 6 . Performance Based Incentives for Discounts as an
Economic Incentive Program pursuant to Chapter 380 of the
Texas Local Government Code
In General
(a) The calculation of the In Lieu of Payment under Section
3 is based in part upon the application of a percentage as
delineated in Section 3 for the Corresponding Tax Year (the
"Discounted Rate") .
For any Tax Year during the term of this Agreement, the
Discounted Rate may be reduced as provided in this Section 6 upon
verification and approval by the governing body of the City that
one or more of the performance-based milestones described in this
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Section 6 were reached for the Report Period or Report Periods
covered by the Report or Reports applicable for such Tax Year as
designated below (such period or periods for any Tax Year being
referred to herein as the "Milestone Period" as designated below) :
Tax Year Report Period or Report Periods Milestone Period
Ending on the following:
Year 1 June 30th of Year 1 January lst of Year 1 through
June 30th of Year 1
Year 2 December 31st of Year 1; and July 1st of Year 1 through
June 30th of Year 2 June 30th of Year 2
Year 3 December 31st of Year 2; and July 1st of Year 2 through
June 30th Year 3 June 30th of Year 3
Year 4 December 31st of Year 3; and July 1st of Year 3 through
June 30th of Year 4 June 30th of Year 4
Year 5 December 31st of Year 4; and July 1st of Year 4 through
June 30th of Year 5 June 30th of Year 5
Year 6 December 31st of Year 5; and July 1st of Year 5 through
June 30th of Year 6 June 30th of Year 6
The information used to calculate the performance-based
milestones described in this Section will be reported in the manner
outlined in Section 5 of this Agreement .
Hiring Milestones
(b) For purposes of this Agreement, the term "Report Period
Hiring Percentage" means, for any Report Period during the term of
this Agreement, a percentage equal to the quotient determined by
dividing (X) by (Y) where:
(X) = an amount equal to the sum of:
(i) the total number of expansion employees
employed by the Property Owner at the Project
facilities on the last day of such Report
Period who were Port Arthur residents on such
date; plus
(ii) the total number of expansion employees
employed by the Property Owner' s Nested
Contractors in connection with the Project
at the Project facilities on the last day
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such Report Period who were Port Arthur
residents on such date; and
(Y) = an amount equal to the sum of:
(i) the total number of expansion employees
employed by the Property Owner at the Project
facilities on the last day of such Report
Period; plus
(ii) the total number of expansion employees
employed by the Property Owner' s Nested
Contractors for projects at the Project
facilities on the last day of such Report
Period.
The Hiring Milestone calculation referenced in this section
only applies to employees that are hired for the Project . Those
employees that work at the existing plant are not included in this
calculation.
(c) For purposes of this Agreement, the term `Hiring
Milestone" means :
(i) for the Milestone Period applicable to the Tax Year
1, the Report Period Hiring Percentage for the
Report Period ending June 30th of Year 1; and
(ii) for the Milestone Period applicable to any of the
Tax Years 2 - 6 the sum of the Report Period Hiring
Percentages for the Report Periods included in such
Milestone Period divided by two (2) .
(d) Upon verification and approval by the governing body of
the City that one of the Hiring Milestones (as hereinafter defined)
was reached for the Milestone Period applicable to a Tax Year, the
Discounted Rate for such Tax Year shall be reduced by ten (10)
percentage points (10o) based upon the following schedule (the
"Hiring Milestones") :
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Milestone Hiring Percentage Percentage Point Reduction*
for the Milestone Period
applicable to such Tax Year
25% of those employed are 10%
Port Arthur residents and
10% of the new Hires are
Port Arthur Residents
This milestone includes those individuals working as Permanent employees
of the Company and those employed by Nested Contractors that are
specifically working for the Project.
PABE Spend Milestones
(e) Prior to the first day of each Report Period, the City
shall cause the PABE Facilitator to provide the Property Owner
with a list of certain PABE' s for such Report Period selected and
compiled by the PABE Facilitator in accordance with the next
sentence (such PABE' s for any such Report Period being referred to
herein as the `Designated PABE' s") . In preparing the list of
the Designated PABE' s for any Report Period, the City shall cause
the PABE Facilitator:
(i) to categorize the PABE' s on such list as either
commercial, industrial, or both commercial and
industrial;
(ii) in the case of PABE' s categorized as commercial,
to only include PABE' s that specialize in retail
trade, service, professional, office or similar
goods and/or services that can be utilized by the
Property Owner at the Project; and
(iii) in the case of PABE' s categorized as industrial,
to only include PABE' s whose primary business
activity is classified under the North American
Industry Classification System (NAICS) to an
industry that provides goods and/or services that
can be utilized by the Property Owner at the
Project .
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(f) For purposes of this Agreement, the term "PABE Spend
Amount" means an amount equal to (i) the dollar amount of contracts
awarded and/or purchases made by the Property Owner to Designated
PABE' s for goods and/or services during the twelve (12) semi-
annual Reporting Periods included in Tax Years 1 through 6 and the
semi-annual period January 1st of Year 1, through June 30th of Year
6 (collectively, the "Report Period") .
(g) For purposes of this Agreement, the term "Report Period
PABE Spend Percentage" means, for any Report Period during the
term of this Agreement, a percentage equal to the quotient
determined by dividing (X) by (Y) where:
(X) = the dollar amount of contracts awarded and/or
purchases made as it pertains to the Project,
during such Report Period by the Property Owner or
its affiliates with Designated PABE' s for goods
and/or services; and
(Y) = the total dollar amount of contracts awarded and/or
purchases made as it pertains to the Project,
during such Report Period by the Property Owner or
its affiliates .
(h) For purposes of this Agreement, the term "Milestone PABE
Spend Percentage" means for the Milestone Period applicable to
each of the Tax Years 1 - 6, the sum of the Report Period PABE
Spend Percentages for the Report Periods included in such Milestone
Period.
(i) Upon verification and approval by the governing body of
the City that the PABE Spend Milestones (as hereinafter defined)
was reached for the Milestone Period applicable to a Tax Year, the
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Discounted Rate for such Tax Year shall be reduced by ten (10)
percentage points (100) based upon the following table (the "PABE
Spend Milestones") :
PABE Milestone Percentage Percentage Point Reduction*
applicable to such Tax Year
4% of purchases made are 10%
spent with PABE members
Notifications
(i) For each Tax Year during the term of this Agreement,
the City will verify the Report or Reports (as applicable)
submitted by the Property Owner for the Report Period or Report
Periods (as applicable) included in the Milestone Period
applicable to such Tax Year. If for any such Tax Year the City
determines that such Report or Reports fail to substantially comply
with the reporting obligations under Section 5, then the City shall
provide the Property Owner with a written notice of the facts which
the City believes have caused such Report or Reports to fail to
substantially comply with such reporting obligations, and the
Property Owner shall have thirty (30) days to cure such failure.
If the City does not provide any such written notice with respect
to the Report or the Reports for the Report Period or Report
Periods included in a Milestone Period within ninety (90) days
after the last day of such Milestone Period, then for purposes of
this Agreement (including Section 5) , such Report or Reports shall
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be deemed to be in substantial compliance with the reporting
obligations under Section 5 .
On or before October 1 of each such Tax Year, the City shall
notify the Property Owner whether it met any of the Hiring
Milestones and/or PABE Milestones. The information compiled by
the City in connection with any such verification shall be made
available to the Property Owner upon request.
Section 7 . Back-up Fire and Police Assistance
If requested orally or in writing by the Property Owner, the
City' s Fire Department may provide back-up 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 Affected Area, at
no cost or expense to the Property Owner. Nevertheless, the
Property Owner agrees to abide by federal, state and local law,
including National Fire Protection Association (NFPA) codes and
standards 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 have in place an evacuation plan for the
Property Owner' s facilities located in the Affected Area that is
consistent with industry standards and/or is required by
applicable federal and state laws, and the health and safety laws
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of the City of which the Companies have been notified by 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 in the Affected Area. If there is a fire and the City
is requested to provide initial and primary (as opposed to back-
up) fire suppression services or if a cleanup is required of the
City, 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 lands and facilities during the period
GT Logistics,LLC-Blue Ammonia Terminal 21
Industrial District Agreement
of this 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 any
annexation of the land in the Affected Area 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 enacted by the Texas Legislature which limits or
restricts the authority of the City to annex all or part of the
land and improvements in the Affected Area. In the event of
annexation under this Section 9 or Section 8, (i) the Property Owner
will not be required to make further payments under this Agreement
for any Tax Year commencing after annexation with respect to the
property so annexed, but shall nevertheless be obligated to make
full payments for the Tax Year during which such annexation becomes
effective if the annexation becomes effective after January 1st of
such Tax Year, and (ii) 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 Payment with respect to the
Affected Area. If for any reason the City is prevented from annexing
the Affected Area and if the parties cannot reach an agreement on
a new payment schedule on a new "in lieu of tax" agreement, then
GT Logistics,LLC-Blue Ammonia Terminal 22
Industrial District Agreement
unless the City has extended this Agreement under the circumstances
described in the last sentence of this Section 9, the Property Owner
agrees that it will continue to pay to the City the In Lieu of
Payments delineated in Section 3 of this Agreement until December
31 of Tax Year 6 and will, for each Tax Year thereafter, continue
to annually pay the City an "in lieu of tax" payment equal to one
hundred percent (100%) of the Taxable Value of the Property Owner' s
real and tangible personal property located in the Affected Area as
determined by JCAD for such Tax Year multiplied by the City' s
property tax rate for such Tax Year for so long as the Property
Owner or its assignees and successors or affiliates own such
property. Payments will be due on October 15th of each year. In
the event the City is prevented from annexing the Affected Area in
the legislative circumstances described in the first sentence of
this Section 9, then pursuant to Sections 42 . 044 and 212 . 172 Local
Government Code, the Property Owner agrees and consents that the
City has the option, in the City' s sole discretion, to extend this
Agreement and that the Property Owner will continue to annually pay
the City "in lieu of tax" payments, 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 . Electrical Usage
The Property Owner will provide the City with information as
to the Property Owner' s electrical consumption at the Affected
GT Logistics,LLC-Blue Ammonia Terminal 23
Industrial District Agreement
Area from Entergy or from any other electric utilities,
transmission and distribution utility, municipally owned utility,
electric cooperative, or from any other source, as well as all
metering locations that service the Affected Area.
The information provided by the Property Owner to the City
regarding such electrical consumption and metering locations 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 11 . Right to Annexation at the Expiration of this
Agreement
The parties agree that the City has the sole discretion, after
October 1st of Tax Year 6 to annex the property in the Affected
Area or to enter into negotiations with the Property Owner
regarding an industrial district agreement covering periods after
the expiration of this Agreement.
If for any reason any portion of the Affected Area is annexed
prior to December 31st of Tax Year 6, and as an economic incentive
program as allowed under Chapter 380 of the Texas Local Government
Code, the City will promptly remit to the Property Owner the
GT Logistics,LLC-Blue Ammonia Terminal 24
Industrial District Agreement
portion of the property taxes paid to the City with respect to
such annexed property that are in excess of the In Lieu of Payment
that would have been paid to the City with respect to such annexed
property if such annexation had not occurred. This partial
remission of taxes (Chapter 380 Economic Incentive Program) will
only be applicable until December 31St of Tax Year 6 .
Section 12 . Right to Annexation pursuant to Chapter 43 of the
Texas Local Government Code
The present owners and lessees of the land, improvements,
units, equipment, inventory, and all other property located in the
Affected Area and related to the Project are described in Exhibit
"A", except for any owner or lessee of such property the aggregate
Taxable Value of which is not reasonably expected as of the date
of this Agreement to exceed $250, 000 . 00 (the "Excluded Persons") .
The City reserves the right to annex any tract or parcel with the
minimum required adjacent area, as per Chapter 43 of the Texas
Local Government Code, if any of such owners or lessees other than
the Excluded Persons do not pay an In Lieu of Payment for its
interest in such land, improvements, units, equipment, inventory,
and all other property located in the Affected Area and related to
the Project . Nothing contained herein shall be construed to
prohibit or prevent the Property Owner from paying the other
owners' or lessees' In Lieu of Payment required by this Agreement
to prevent annexation by the City. If the City annexes a tract or
tracts, such annexed tract or tracts shall be deleted from the
GT Logistics,LLC-Blue Ammonia Terminal 25
Industrial District Agreement
description of the Affected Area set forth on Exhibit "A" for all
purposes of this Agreement, and the total In Lieu of Payment will
be reduced accordingly to accurately reflect such annexation.
Section 13 . 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 to the City and shall receive
the written consent of the City Council, by a duly adopted
Resolution, which will not be unreasonably withheld, delayed or
conditioned. The Property Owner shall provide a description of
the assignee and such other information as is reasonably requested
by the City to indicate that the assignee will operate the Project
facilities as a reasonably prudent operator, 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 hereunder. 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 14 . 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.
GT Logistics,LLC-Blue Ammonia Terminal 26
Industrial District Agreement
Section 15 . Inspections
The Property Owner shall allow a reasonable number of
authorized employees and/or representatives of the City who have
been designated and approved by the governing body of the City to
have access to the Affected Area during the term of this Agreement
to inspect the property and any improvements thereon to determine
compliance with the terms and conditions of this Agreement . All
such inspections will be made at mutually agreeable times and will
only be conducted in such manner as complies with the Property
Owner' s safety and security standards and rules . All such
inspections will be made with one or more representatives of the
Property Owner. The Property Owner may require any person
conducting such an inspection to execute a confidentiality
agreement before entering the Affected Area .
The information provided by the Property Owner to the City or
otherwise obtained by the City in connection with any such
inspection 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 .
GT Logistics, LLC- Blue Ammonia Terminal 27
Industrial District Agreement
Section 16 . Port Arthur Industrial Group
The Property Owner agrees that it will participate in the
Port Arthur Industrial Group during the term 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 educational programs
and projects for the training of Port Arthur residents for
permanent jobs in the Port Arthur area. The Property Owner further
agrees to request and encourage its Nested Contractors 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 in the Port Arthur area.
Section 17 . Inspection of Records
The City reserves the right to review the Property Owner' s
records to ascertain the accuracy of reports filed by the Property
Owner in accordance with this Agreement.
Section 18 . Undocumented Workers
The Property Owner certifies that it has 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
GT Logistics,LLC-Blue Ammonia Terminal 28
Industrial District Agreement
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, 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
at the Project .
Section 19. Property Tax Information, Credits and Refunds
With respect to the land, improvements, units, equipment and
all other property located in the Affected Area for each of the
Tax Years 1 - 6, the Property Owner will, to the extent such
property has not been annexed by the City, provide to the Director
of Finance of the City, at the address specified in Section 27, no
later than September 15th of such Tax Year, a copy of the non-
privileged/non-confidential rendition which the Property Owner
filed with the Jefferson County Appraisal District . The Property
Owner shall also provide the following to the Director of Finance
of the City at such address with respect to such Tax Years :
GT Logistics,LLC-Blue Ammonia Terminal 29
Industrial District Agreement
• 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 thirty
(30) days after such 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; and
• any settlement, final judgment or other final
disposition on appeal or otherwise of any such
lawsuit.
Pending final determination of any tax protest filed by the
Property Owner with the ARB, or appeal thereof, with respect to
any Tax Year during the term of this Agreement, the Property Owner
shall pay to the City, on or before October 15th of such Tax Year,
an amount equal to the In Lieu of Payment paid to the City for the
immediately preceding Tax Year. Upon the final determination of
such protest or appeal thereof, the Property Owner' s In Lieu of
Payment liability hereunder for such Tax Year shall be calculated
based on the Taxable Value for such Tax Year that reflects such
final determination. If the In Lieu of Payment so calculated for
such Tax Year exceeds the In Lieu of Payment previously paid by
the Property Owner for such Tax Year, then the City shall submit
to the Property Owner a statement setting forth the calculation of
such excess, and the Property Owner shall pay the amount of such
GT Logistics,LLC-Blue Ammonia Terminal 30
Industrial District Agreement
excess, without interest or penalty, to the City within thirty
(30) days after the Property Owner' s receipt of such statement. If
the In Lieu of Payment so calculated for such Tax Year is less
than the In Lieu of Payment previously paid by the Property Owner
for such Tax Year, then the City shall credit dollar-for-dollar
toward future In Lieu of Payments the difference between the amount
actually paid hereunder and the amount for which the Property Owner
is determined to be liable, without interest, it being understood
and agreed that to the extent there are insufficient future In
Lieu of Payments under this Agreement against which to credit such
difference, the remaining balance of such difference shall be
carried forward and credited dollar-for-dollar against any in lieu
of tax payments and other amounts due to the City under any
industrial district agreement between the Property Owner and the
City covering a period or periods after the expiration of this
Agreement until utilized in full .
Section 20 . Notice of Default
Notwithstanding anything 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
GT Logistics, LLC- Blue Ammonia Terminal 31
Industrial District Agreement
(but in no event less than 60 days) within which to cure the
alleged default. Nevertheless, time is of the essence on the
payment schedule for the In Lieu of Payments on October 15th of
each year. If the Property Owner does not pay the In Lieu of
Payment on October 15th of each year, the City can immediately
commence annexation proceedings and sue for all damages provided
for herein. In the case of litigation for breach of this 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 permit fees, sales or use taxes, and all franchise
fees on cable and electrical usage, interest and penalty thereon,
attorney' s fees, and court costs .
Section 21 . Entire Agreement
This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof 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 22 . Severability
If any term or provision in this Agreement, or the application
thereof to any person or circumstance, shall to any extent be held
GT Logistics,LLC-Blue Ammonia Terminal 3?
Industrial District Agreement
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,
that for the avoidance of doubt, payment of the In Lieu of
Payments, the provisions of Section 1 (a) of this Agreement, and
the confidentiality provisions of this Agreement are essential
parts of this Agreement.
Section 23 . 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.
Section 24 . 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 .
GT Logistics,LLC-Blue Ammonia Terminal 33
Industrial District Agreement
Section 25 . 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 .
Section 26. Authority
By acceptance of this Agreement and/or benefits conferred
hereunder, the Property Owner represents and warrants that its
undersigned agent has 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 27 . Notice
Any notice provided in connection with this Agreement 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 GT Logistics, LLC
City of Port Arthur c/o Howard Energy Partners
444 4th Street Attn: Legal Department
Port Arthur, TX 77640 16211 La Cantera Parkway, Suite 202
San Antonio, TX 78256
WITH A COPY TO: WITH A COPY TO:
City Attorney Howard Energy Partners
City of Port Arthur Attn: Property Tax Department
444 4th Street 16211 La Cantera Parkway, Suite 202
Port Arthur, TX 77640 San Antonio, TX 78256
GT Logistics,LLC- Blue Ammonia Terminal 34
Industrial District Agreement
Section 28 . Cancellation
If the Property Owner permanently ceases operation of the
Project facilities during the term of this Agreement, then the
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 payment of the In Lieu of Payment for
the year of such cancellation.
Section 29 . Term
This Agreement shall become effective and enforceable on
January 1 of the year in which the construction of the Project
facilities commences . During the construction period tax year (s) ,
Property Owner will make payment in lieu of taxes equivalent to
one hundred percent (100%) of ad valorem taxes based on the market
value of the Affected Taxable Assets . The Property Owner' s first
discounted "In Lieu of Payment", (i . e . , Tax Year 1) , shall not be
due until January 1 of the year following the completion of the
Project facilities .
Should Property Owner not begin the construction of the
Project by December 31, 2027, this agreement shall be null and
void. Before starting the construction project and following
construction completion, the Property Owner must give written
notice to the City regarding the intended start and completion
dates . This notice must comply with the requirements outlined in
GT Logistics, LLC-Blue Ammonia Terminal 35
Industrial District Agreement
Section 27 and be provided at least ten (10) days in advance.
Following the expiration of this Agreement, Property Owner
will be required to make payment in lieu of taxes equivalent to
one hundred percent (100%) of ad valorem taxes based on the market
value of the property that would have been due for the parcels as
if they were inside the corporate limits prior to the
disannexation. This obligation shall extend to subsequent
agreements with the City.
[SIGNATURE PAGES FOLLOW]
GT Logistics,LLC- Blue Ammonia Terminal 36
Industrial District Agreement
SIGNED AND AGREED to on the day of ,
2024 .
GT Logistics, LLC
BY:
Frank Quintana
Vice President of Tax
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared , 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 GT Logistics, LLC 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. , 2024 .
NOTARY PUBLIC, STATE OF TEXAS
GT Logistics,LLC- Blue Ammonia Terminal 37
Industrial District Agreement
SIGNED AND AGREED to on the day of , 2024 .
CITY OF PORT ARTHUR, TEXAS
BY:
Ronald Burton, CPM
City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Ronald Burton, CPM 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. , 2024 .
NOTARY PUBLIC, STATE OF TEXAS
Approved as to form and substance:
James M. Black, Interim City Attorney
GT Logistics,LLC-Blue Ammonia Terminal 38
0 Industrial District Agreement
Exhibit "A"
Project Description
GT Logistics,LLC-Blue Ammonia Terminal 39
Industrial District Agreement
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GT Logistics, LLC-Blue Ammonia Terminal 41
Industrial District Agreement
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TBPE Firm No.F-5755
TBPLS Firm No.10123800
LA EF.0005711
My �.. 3737 Doctors Drive
Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office(409) 983.2004
Fax(409)983.2005
11.59 ACRES OF LAND
OUT OF THE T. & N.O.R.R. SURVEY
SECTION NO. 122,ABSTRACT NO. 486
JEFFERSON COUNTY, TEXAS
BEING 11.59 acres of land out of and a part of the T. & N.O.R.R. Survey, Section No. 122, Abstract
No. 486, Jefferson County, Texas; being all of a(Called 5.4404) acre tract of land described as Tract B-
1, and all of a (Called 5.6696) acre tract of land described as Tract A in a deed to GT Logistics, LLC,
recorded in File No. 2017015787, Official Public Records, Jefferson County, Texas, and all of a (Called
0.4785) acre tract of land described in a deed to GT Logistics, LLC, recorded in File No. 2021022247,
Official Public Records, Jefferson County, Texas; said 11.59 acre tract being more fully described by
metes and bounds as follows, to wit:
Note: Bearings, coordinates, distances and acreage are based on the Texas Coordinate System of 1983,
South Central Zone, US Survey Feet, and are referenced to SmartNet, North America. These are
measurements of record only and do not represent a current on-the-ground field survey.
BEGINNING at a 2" steel pipe on the Easterly line of a 100' wide Santa Fe Railroad right of way for
the Northwest corner of the (Called 5.4404) acre tract, and the Northwest corner of the herein described
tract; said 2"steel pipe having coordinates of N: 13883774.66, E: 3564047.40;
THENCE, North 65 deg., 52 min., 59 sec., East, on the North line of the (Called 5.4404) acre tract, a
distance of 731.65' to a 2" steel pipe for the Northwest corner of a (Called 2.715) acre tract of land
described in a deed to BJJ Enterprises, LLC, recorded in File No. 2005042372, Official Public Records,
Jefferson County, Texas, the Northeast corner of the (Called 5.4404) acre tract and the most northerly
Northeast corner of the herein described tract;
THENCE, South 24 deg., 08 min., 59 sec., East, on the West line of the (Called 2.715) acre tract, a
distance of 278.36' to a point on the North line of the (Called 5.6696) acre tract, for the Southwest
corner of the (Called 2.715) acre tract and the Southeast corner of the (Called 5.4404) acre tract;
THENCE, North 65 deg., 48 min., 04 sec., East, on the South line of the (Called 2.715) acre tract, and
the North line of the (Called 5.6696) acre tract, a distance of 462.40' to a point in the waters of Port
Arthur West Turning Basin, for the Southeast corner of the (Called 2.715) acre tract, the Northeast
corner of the (Called 5.6696) acre tract, and the most easterly Northeast corner of the herein described
tract;
THENCE, South 45 deg., 49 min., 00 sec., East, on the West line of said Port Arthur West Turning
Basin, a distance of 300.66' to a point in the water for the Southeast corner of the (Called 5.6696) acre
tract, and the most easterly Southeast corner of the herein described tract;
THENCE, South 65 deg., 55 min., 40 sec., West, on the South line of the (Called 5.6696) acre tract, a
distance of 254.14' to a point on the water line of the Port Arthur Turning Basin (September 29, 2020),
for the Northeast corner of the (Called 0.4785) acre tract;
THENCE, Along the meanders of the water line of the Port Arthur Turning Basin (September 29,
2020), the following bearings and distances to points for corner:
South 22 deg., 08 min., 51 sec., West,40.60'
South 16 deg., 03 min., 08 sec., West, 103.52'
South 09 deg., 49 min., 36 sec., West, 42.37'
South 00 deg., 37 min., 32 sec., East, 103.51'
South 18 deg., 20 min., 47 sec., East, 16.32'
South 09 deg., 57 min., 57 sec., West, 24.65'
South 10 deg., 17 min., 59 sec., East, 82.30'
South 18 deg., 53 min., 02 sec., East, 30.13'
South 02 deg., 17 min., 50 sec., West, 34.75'
THENCE, South 07 deg., 19 min., 39 sec., East, continuing along the meanders of the water line of the
Port Arthur Turning Basin (September 29, 2020), a distance of 46.03' to a point for the Southeast corner
of the(Called 0.4785) acre tract, and the most southerly Southeast corner of the herein described tract;
THENCE, South 81 deg., 36 min., 33 sec., West, a distance of 25.74' to a point for the Southwest
corner of the (Called 0.4785) acre tract, and the most southerly Southwest corner of the herein described
tract;
THENCE, North 13 deg., 52 min., 01 sec., West, a distance of 132.62' to a point for corner;
THENCE,North 03 deg., 12 min., 27 sec., West, a distance of 205.93' to a point for corner;
THENCE,North 06 deg., 50 min., 02 sec., East,a distance of 37.46' to a point for corner;
THENCE, North 06 deg., 21 min., 52 sec., West, a distance of 89.18' to a point for corner;
THENCE, North 24 deg., 11 min., 55 sec., West, at 12.21' passing a 1/2" steel rod, capped and marked
"SOUTEX", for the Northwest corner of the (Called 0.4785) acre tract, and the Southeast corner of a
(Called 1.7079) acre tract of land described in a deed to KMTEX, LLC, recorded in File No.
2012024150, Official Public Records, Jefferson County, Texas, and continuing on a westerly line of the
(Called 5.6696) acre tract, and the East line of the (Called 1.7079)acre tract, a total distance of 58.96' to
a 1/2" steel rod, capped and marked "SOUTEX", for the Northeast corner of the (Called 1.7079) acre
tract, and an interior corner of the (Called 5.6696) acre tract;
THENCE, South 65 deg., 52 min., 55 sec., West, on the North line of the (Called 1.7079) acre tract, a
distance of 536.95' to a Y2" steel rod, capped and marked "SOUTEX", for an angle point on the South
line of the(Called 5.6696)acre tract, and the North line of the(Called 1.7079)acre tract;
THENCE, continuing on the North line of the (Called 1.7079) acre tract, on the arc of a curve to the
right, having a radius of 500.00', an arc length of 496.18', a chord bearing of North 85 deg., 24 min., 10
sec., West, a chord distance of 476.07' to a 1/2" steel rod, capped and marked "SOUTEX", on the
Easterly line of said Sante Fe Railroad right of way, for the Northwest corner of the (Called 1.7079) acre
tract, the Southwest corner of the (Called 5.4404) acre tract, and the most Westerly Southwest corner of
the herein described tract;
THENCE, North 21 deg., 38 min., 06 sec., West, on the Easterly line of said Sante Fe Railroad right of
way, and the West line of the (Called 5.4404) acre tract, a distance of 281.57' to the POINT OF
BEGINNING and containing 11.59 acres of land, more or less.
This document was prepared under 22 Texas Administrative Code §138.95, does not reflect the results
of an on the ground survey, and is not to be used to convey or establish interests in real property except
those rights and interests implied or established by the creation or reconfiguration of the boundary of the
political subdivision for which it was prepared.
Prepared by Randall Alvey Creel, Registered Professional Land Surveyor No. 6678.
City of Port Arthur
24-0106
RFci;tD i
. RANDALL ALVEY CREEL
'VG 6678
Exhibit "C"
List of Present Owners and Lessees of Property Located in the
Affected Area and Pertaining to the Facility, Except for
Excluded Persons
GT Logistics,LLC-Blue Ammonia Terminal 42
Industrial District Agreement
Exhibit "D"
Industrial District Agreement Report
Property Owner's Name
Date of this Report
Report Period(semi-annual period
covered by this Report) From / /20_To / /20„tAA _
r a A.,
Property Nested
Owner Contractors
(A) Total number of employees employed on the last day of the Report Period
who were Port Arthur residents on the last day of the Report Period
(B) Total number of all employees employed on the last day of the Report Period
(C) Total number of new hires employed during the Report Period who were Port
Arthur residents on their first day of employment
(D) Total number of all new hires employed during the Report Period
(E) Total number of applicants completing the interview process during the
Report Period
(A) Total number of Designated LBE's that:
• were on the approved vendor list of the Property Owner at any time
during the Report Period, and/or
• were invited by the Property Owner during the 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 the Report Period for goods and/or services that the Property Owner
determines could have potentially been obtained from Designated LBE's:
Total Number of Contracts:
Total Dollar Amount of Contracts: $
(C) Total number and dollar amount of contracts described immediately(above in
II (B)that were awarded to Designated LBE's during the Reporting Period:
Total Number of Contracts:
Total Dollar Amount of Contracts: $
This Report contains confidential or privileged information. Unauthorized use of this communication is strictly
prohibited.
This Report is to be submitted to the Office of the City Manager and copied to the City Attorney during the months
of January and July for the immediately preceding 6 months. The due date(January 31st or July 311 for submitting
a Report may be extended for thirty(30)days upon the written request of the Property Owner.
GT Logistics,LLC-Blue Ammonia Terminal 43
Industrial District Agreement