HomeMy WebLinkAboutPR 24150: IDA WITH ENTERGY, FOR THE LEGEND POWER STATION PROJECT P.R. No. 24150
01/29/2025 ht
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN INDUSTRIAL DISTRICT AGREEMENT WITH ENTERGY TEXAS,
INC., FOR THE LEGEND POWER STATION PROJECT
WHEREAS, Entergy Texas, Inc., herein referred to as 'YETI" has acquired
approximately 100 acres of land, more or less, from Golden Triangle Properties, located in
the Industrial District of the City of Port Arthur's Extraterritorial Jurisdiction (ETJ), near the
intersection of State Highway 73 and West Port Arthur Road at the GT Omni Port Site as
depicted in Exhibit "A"; and
WHEREAS, ETI has formally notified the City of its plans to construct a 754-
megawatt combined cycle combustion turbine power station, known as the"Legend Power
Station Project", and is seeking to enter into an Industrial District Agreement (IDA)
exclusively for this development; 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
deems it in the best interests of the citizens of Port Arthur to enter into an IDA with
Entergy Texas, Inc.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
Section 1. That the facts and recitals in the preamble are true and correct.
Section 2. The City Council hereby authorizes the City Manager to execute an
Industrial District Agreement (IDA) with Entergy Texas, Inc. for the construction of the
Legend Power Station Project, located within the ETJ/Industrial District of Port Arthur, in
substantially the same form as attached hereto as Exhibit "B".
Section 3. That Golden Triangle Properties and GT Logistics have formally notified
the City of the conveyance of a 100-acre tract of land, located within their IDA-affected
area, to Entergy Texas, Inc., as outlined in Exhibit "A".
Section 4. That a copy of the caption of this Resolution be spread upon the
Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of , A.D.,
2025, at a Meeting of the City Council of the City of Port Arthur, by the following vote:
AYES:
Mayor:
Councilmembers:
NOES:
Thurman Bill Bartie,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
APPROVED AS TO FORM:
Roxann Pais Cotroneo,
City Attorney
APPROVE ' FOR D INISTRATION:
Ronald Burton,,
City Manag
EXHIBIT "A"
GT PROPERTIES
March 6, 2025
Mr. Ron Burton
City Manager
444 4th Street
Port Arthur,Texas 77640
Reference: Sale of Properties within GT OmniPort.
Dear Mr. Burton,
This letter is to inform the City that Golden Triangle Properties as sold two tracts of land at the
GT OmniPort Development. The first was sold to Entergy. This 100 acre tract is depicted on
Exhibit A and highlighted in red.
The second tract was sold to Cormorant. Cormorant purchased 160 acres of land and their
tract is highlighted in green on Exhibit A.
These two land sales do not effect the IDA with GT Logistics, and decreases the total acreage
owned by Golden Triangle Properties, LLC in Port Arthur.
If I can be of further assistance, please let me know.
Sincerely,
80 iL_______
Steven R Birdwell
President
9805 Katy Frwy., Suite 900 I Houston,Texas 77024
Office 713-800-1512 I Cell 713-875-9128
Exhibit A
Entergy Tract Shown in Red
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9805 Katy Frwy., Suite 900 I Houston,Texas 77024
Office 713-800-1512 I Cell 713-875-9128
+ HOWARD
-- ENERGY PARTNERS
16211 La Cantera Parkway, Suite 202
San Antonio,TX 78256
210-298-2222
March 12,2025
Mr.Ron Burton
City Manager
444 4th Street
Port Arthur, Texas 77640
Re: Industrial District Agreement between City of Port Arthur("City")and GT Logistics,
LLC dated effective January 1,2022
Dear Mr.Burton:
This letter is to inform the City that GT Logistics,LLC has no leasehold or other ownership interest
in that certain approximately 100-acre tract of land at the GT OmniPort Development that was
recently sold by Golden Triangle Properties, LLC to Entergy Texas, Inc., as described in the
enclosed Special Warranty Deed recorded at Inst. No. 22391 in the deed records of Jefferson
County,Texas.
If I can be of further assistance,please let me know.
Sincerely,
GT Logistics LLC
Frank Quintana
Vice President of Tax
16211 La Cantera Pkwy,Ste.202 San Antonio,Texas 78256 (210)298-2222 Office (210)298-2221 Fax
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NOTICE OF CONFIDENTIALITY RIGHTS:IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED Chicago Title
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF JEFI"ERSON
THAT THE UNDERSIGNED, GOLDEN TRIANGLE PROPERIIES, LLC ("Grantor"), a
Texas limited liability company,for and in consideration of the sum of TEN DOLLARS ($10.00)cash,
and other good and valuable consideration paid to Grantor by ENTERGY TEXAS, INC.
("Grantee"), a Texas corporation, the receipt and sufficiency of which are hereby fully
acknowledged and confessed,and subject to the Permitted Exceptions(as such term is defined herein),
has GRANTED,BARGAINED,SOLD and CONVEYED,and by these presents does hereby GRANT,
BARGAIN,SELL and CONVEY unto Grantee,whose address is 639 Loyola Avenue,L-ENT-4B,
New Orleans,Louisiana 70113,that certain tract of land being described by metes and bounds on
Exhibit"A" attached hereto (the "Land"), together with all appurtenances, including easements,
licenses, rights, rights-of-way, and improvements (if any) that benefit the Land or relate to the
Land(the"Appurtenances"and together with the Land, the"Property").
This conveyance is made and accepted subject to (i) those certain matters set forth on
Exhibit"B" attached hereto and made a part hereof for all purposes, and (ii) all matters a current
inspection or survey of the Property would reveal(the"Permitted Exceptions").
Except for(a) the special warranty of title contained herein, and (b) as expressly stated in
the Purchase and Sale Agreement, dated as of January 26, 2024, between Grantor and Grantee, as
amended (the "Agreement"), or any other closing document delivered by Grantor to Grantee in
connection with the sale of the Property, but subject to the limitations contained in Section 10 of
the Agreement (collectively, the "Express Warranties"), Grantor hereby specifically disclaims
any warranty, guaranty, or representation, oral or written; past, present or future, of, as to, or
concerning(i)the nature and condition of the Property, including but not by way of limitation,the
water, soil, geology and the suitability thereof, for any and all activities and uses which Grantee
may elect to conduct thereon, income to be derived therefrom or expenses to be incurred with
respect thereto, or any obligations or any other matter or thing relating to or affecting the same;
(ii) the manner of construction and condition and state of repair or lack of repair of any
improvements located thereon; (iii) the nature and extent of any easement, right-of-way, lease,
possession,lien, encumbrance, license, reservation, condition or otherwise affecting the Property;
and (iv) the compliance of the Property or the operation of the Property with any laws, rules,
ordinances, or regulations of any government or other body. EXCEPT FOR THE EXPRESS
WARRANTIES, IN CONNECTION WITH THE CONVEYANCE OF THE PROPERTY
GRANTOR HAS NOT MADE AND DOES NOT MAKE, ANY REPRESENTATIONS,
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WARRANTIES OR COVENANTS OF ANY KIND OR CHARACTER WHATSOEVER,
WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY OR CONDITION
OF THE PROPERTY, THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL
ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT THEREON, COMPLIANCE
BY THE PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF
ANY APPLICABLE GOVERNMENTAL AUTHORITY OR HABITABILITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND
SPECIFICALLY, EXCEPT FOR THE EXPRESS WARRANTIES, GRANTOR DOES NOT
MAKE ANY REPRESENTATIONS REGARDING HAZARDOUS WASTE,AS DEFINED BY
THE LAWS O.F THE STATE OF TEXAS AND ANY REGULATIONS ADOP I'ED
PURSUANT THERETO OR THE U.S. ENVIRONMENTAL PROTECTION AGENCY
REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OF ANY HAZARDOUS
WASTE OR ANY OTHER HAZARDOUS OR TOXIC SUBSTANCES IN OR ON THE
PROPERTY. GRANTEE HEREBY ACCEPTS THE PROPERTY WITH THE PROPERTY
BEING IN ITS PRESENT AS IS CONDITION WITH ALL FAULTS.
GRANTEE ACKNOWLEDGES AND AGREES THAT EITHER GRANTEE IS, OR
HAS ENGAGED AND IS RELYING ON PERSONS WHO ARE, EXPERIENCED IN THE
OWNERSHIP, DEVELOPMENT AND/OR OPERATION OF PROPERTIES SIMILAR TO
THE PROPERTY AND THAT GRANTEE HAS INSPECTED THE PROPERTY OR CAUSED
THE PROPERTY TO BE INSPECTED TO ITS SATISFACTION AND IS QUALIFIED TO
MAKE SUCH INSPECTION. GRANTEE ACKNOWLEDGES THAT IT IS RELYING ON
GRANTEE'S (OR GRANTEE'S REPRESENTATIVES') INSPECTIONS OF THE PROPERTY
AND EXCEPT FOR THE EXPRESS WARRANTIES,NOT UPON ANY STATEMENT(ORAL
OR WRITTEN) WHICH MAY HAVE BEEN MADE OR MAY BE MADE (OR
PURPORTEDLY MADE)BY GRANTOR OR ANY OF ITS REPRESENTATIVES.GRANTEE
ACKNOWLEDGES THAT GRANTEE HAS (OR GRANTEE'S REPRESENTATIVES HAVE)
INSPECTED AND EXAMINED THE PROPERTY TO THE EXTENT DEEMED NECESSARY
BY GRANTEE IN ORDER TO ENABLE GRANTEE TO EVALUATE THE CONDITION OF
THE PROPERTY AND ALL OTHER ASPECTS OF THE PROPERTY (INCLUDING, BUT
NOT LIMITED TO, THE ENVIRONMENTAL CONDITION OF THE PROPERTY); AND
GRANTEE ACKNOWLEDGES THAT GRANTEE IS RELYING UPON ITS OWN(OR THEIR
REPRESENTATIVES') INSPECTION, EXAMINATION AND EVALUATION OF THE
PROPERTY. EXCLUDING ANY RISKS, LIABILITIES, CLAIMS, DAMAGES AND COSTS
RESULTING FROM GRANTOR'S BREACH OF ANY EXPRESS WARRANTIES,GRANTEE
EXPRESSLY ASSUMES ALL RISKS, LIABILITIES, CLAIMS, DAMAGES AND COSTS
(AND AGREES THAT GRANTOR SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT,
INDIRECT,CONSEQUENTIAL,OR OTHER DAMAGES)RESULTING OR ARISING FROM
OR RELATED TO THE OWNERSHIP, USE, CONDITION, LOCATION, MAINTENANCE,
REPAIR OR OPERATION OF THE PROPERTY ATTRIBUTABLE TO THE PERIOD FROM
AND AFTER THE DATE HEREOF. EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN
THE AGREEMENT TO THE CONTRARY, GRANTEE RELEASES GRANTOR AND ITS
SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS WHICH
GRANTEE OR ANY PARTY RELATED TO OR AFFILIATED WITH GRANTEE (EACH, A
"GRANTEE RELATED PARTY")HAS OR MAY HAVE ARISING FROM OR RELATED TO
ANY MATTER OR THING RELATED TO OR IN CONNECTION WITH THE PROPERTY
2
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EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT OR HEREIN TO THE
CONTRARY, INCLUDING THE DOCUMENTS AND INFORMATION REFERRED TO
HEREIN, AND ANY ENVIRONMENTAL CONDITIONS AND, EXCEPT AS EXPRESSLY
SET FORTH IN THE AGREEMENT OR HEREIN TO THE CONTRARY, NEITHER
GRANTEE NOR ANY GRANTEE RELATED PARTY SHALL LOOK TO GRANTOR OR ITS
SUCCESSORS AND ASSIGNS IN CONNECTION WITH THE FOREGOING FOR ANY
REDRESS OR RELIEF. THIS RELEASE SHALL BE GIVEN FULL FORCE AND EFFECT
ACCORDING TO EACH OF ITS EXPRESS TERMS AND PROVISIONS, INCLUDING
THOSE RELATING TO UNKNOWN AND UNSUSPECTED CLAIMS, DAMAGES, AND
CAUSES OF ACTION. TO THE EXTENT REQUIRED TO BE OPERATIVE, THE
DISCLAIMERS AND WARRANTIES CONTAINED ARE"CONSPICUOUS"DISCLAIMERS
FOR PURPOSES OF ANY APPLICABLE LAW, RULE,REGULATION, OR ORDER.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns,
forever; and Grantor does hereby bind Grantor and Grantor's successors to WARRANT AND
FOREVER DEFEND all and singular the Property unto Grantee, and Grantee's successors and
assigns, against every person whomsoever claiming or to claim the same or any part thereof,by,
through or under Grantor,but not otherwise, subject however to the Permitted Exceptions.
Taxes shall be prorated, including those assessed after closing; however, Grantee shall be
responsible for any rollback taxes that may be assessed after the closing,regardless of when notice
of those taxes is received or who receives such notice.
[Signature and acknowledgment page follows]
3
PD.46156008.10
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EXECUTED to be effective the " ; day of August,2024.
GRANTOR:
GOLDEN TRIANGLE PROPERTIES,LLC
a Texas limited liability company
By:
Name: Steven R.Birdwell
Title: President and Chief Executive Officer
THE STATE OF TEXAS §
COUNTY OF \ ; .�` �, §
The foregoing instrument was acknowledged before me this '/''day of C-,i .c .;, ,
2024, by Steven R. Birdwell, as the President and Chief Executive Officer of GoldenIriangle
Properties,LLC,a Texas limited liability company, on behalf of said entity.
Notary Public, State of Texas
After Recording Return to: s'" CATHERINE MARIE BEAN
Entergy Texas, Inc. ';r. My Notary ID#7165079
•
P.O. Box 2951
--,t;:,,;:;;1 Expires October 15,2025
Beaumont,Texas 77704
Chicago Title
4301 Westbank Dr.
Bldg. A, Ste. 100
Austin, TX 78746
Signature Page
Special Warranty Deed
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EXHIBIT"A"TO SPECIAL WARRANTY DEED
LEGAL DESCRIPTION
Being a 99.958 acre tract, more or less, out of a called 1,116.39 acre tract as recorded in File No.
2010015746 of the Official Public Records of Jefferson County,Texas (O.P.R.J.C.T.),same being part of
Blocks 6&7,Ranges"R"&"S"and Blocks 8&9,Ranges"Q","R","S",&"T"of the Port Arthur Land
Company Subdivision as recorded in Volume 1,Page 22 of the Map Records of Jefferson County,Texas
(M.R.J.C.T.). Said 99.958 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with yellow cap stamped"TBS" set for the northerlymost corner of
the herein described 99.958 acre tract for the POINT OF BEGINNING"A",from which a 5/8 inch iron
rod with"SOUTEX"cap found at a northerly corner of the aforementioned 1,116.39 acre tract bears N 35°
10' 21"E,a distance of 4,226.65 feet;
THENCE S 53° 21' 33" E, a distance of 1,519.58 feet to a 5/8 inch iron rod with yellow cap stamped
"TBS" set on the northwesterly line of a called 160.8 acre tract, as recorded in File No. 2023034768,
O.P.R.J.C.T., for the easterlymost corner of the herein described 99.958 acre tract, from which a i/2 inch
iron rod with"SOUTEX"cap found at the northeast corner of said 160.8 acre tract bears N 74°02' 45"E,
a distance of 2,041.31 feet;
THENCE S 36°38' 17"W,with the northwesterly line of said 160.8 acre tract,a distance of 3,509.79 feet
to a 5/8 inch iron rod with yellow cap stamped "TBS" set forth the southerlymost corner of the herein
described 99.958 acre tract, from which a 1/2 inch iron rod with "SOUTEX" cap found at the southwest
corner of said 160.8 acre tract bears S 36°38' 17"E,a distance of 60.94 feet;
THENCE parallel to and 45 feet from the easterly line of a called 129.750 acre Jefferson County Drainage
District No.7 easement tract as recorded in Volume 1525,Page 50 of the Deed Records of Jefferson County,
Texas(D.R.J.C.T.),the following courses and distances:
N 10°57'29"W,a distance of 694.39 feet;
N 29° 36'42"W,a distance of 824.74 feet;
THENCE N 16°20' 39"E,a distance of 491.54 feet;
THENCE continuing parallel to and 45 feet from said easterly line of said 129.750 acre Jefferson County
Drainage District No.7 easement tract,the following courses and distances:
N 43°57' 57"E,a distance of 551.85 feet;
N 23°06' 25"E,a distance of 543.81 feet;
N 03°24' 00"W,a distance of 62.66 feet to a 5/8 inch iron rod with yellow cap stamped"TBS"
set for a northwesterly corner of the herein described 99.958 acre tract, from which a railroad
spike found in the centerline of the Jefferson County Drainage District No. 7 levee, same being in
the centerline of the 57th Street and also being at a northwesterly corner of said 1,116.39 acre tract
bears N 31°22' 36"W,a distance of 1,850.48 feet;
THENCE N 37° 26' 19" E, a distance of 1,124.47 feet to the POINT OF BEGINNING "A", and
containing 99.958 acres of land,more or less.
Exhibit A
Special Warranty Deed
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EXHIBIT"B"TO SPECIAL WARRANTY DEED
PERMITTED EXCEPTIONS
1. Standby fees,taxes and assessments by any taxing authority for the year 2024,and subsequent years; and
subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or
ownership,but not those taxes or assessments for prior years because of an exemption granted to a previous
owner of the property under Section 11.13,Texas Tax Code,or because of improvements not assessed for
a previous tax year.
2. All leases,grants,exceptions or reservations of coal,lignite, oil, gas and other minerals,together with all
rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in
Schedule B or not.There may be leases,grants, exceptions or reservations of mineral interest that are not
listed.
3. Terms, conditions and stipulations contained in Affidavit to the Public, Certification of On-Site Sewage
Facility Requiring Maintenance, dated October 26, 2022, recorded November 14, 2022 under Jefferson
County Clerk's File No.2022038024.
4. Terms, conditions and stipulations contained in Affidavit to the Public, Certification of On-Site Sewage
Facility Requiring Maintenance,dated November 11,2015,recorded November 12,2015 under Jefferson
County Clerk's File No.2015037329.
5. Terms, conditions and stipulations contained in Affidavit to the Public, Certification of On-Site Sewage
Facility Requiring Maintenance, dated October 14, 2015 recorded October 21, 2015 under Jefferson
County Clerk's File No.2015034664.
6. Interest in and to oil,gas and other minerals and/or royalties,bonuses,rentals and all other rights relating
thereto as set forth in the document
Recorded:May 8, 1986
Recording No.: County Clerk's File No. 8613253, of the Official Public records, of Jefferson County,
Texas.
7. Oil,Gas and Mineral Lease,and all terms,conditions and stipulations therein:
Recorded: September 18, 1998, in County Clerk's File No. 9835757, of the Official Public records, of
Jefferson County,Texas.
Lessor:Bettie N.Fortenberry
Lessee: Ballard Exploration Company,Inc.
8. Oil,Gas and Mineral Lease,and all terms,conditions and stipulations therein:
Recorded: September 18, 1998, in County Clerk's File No. 9835758, of the Official Public records, of
Jefferson County,Texas.
Lessor:Tyrrell-Combest Ltd.
Lessee:Ballard Exploration Company,Inc.
Exhibit B
Special Warranty Deed
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9. Oil,Gas and Mineral Lease,and all terms, conditions and stipulations therein:
Recorded: October 15, 1998, in County Clerk's File No. 9839114, of the Official Public records, of
Jefferson County,Texas.
Lessor:M.Gordon Rountree et al
Lessee:Ballard Exploration Company,Inc.
10. Oil,Gas and Mineral Lease,and all terms,conditions and stipulations therein:
Recorded:February 14,2006, in County Clerk's File No. 2006005651,of the Official Public records,of
Jefferson County,Texas.
Lessor:Tyrrell-Combest Ltd.
Lessee: Square Mile Energy,LLC
11. Oil,Gas and Mineral Lease,and all terms,conditions and stipulations therein:
Recorded: February 14, 2006, in County Clerk's File No. 2006005652, of the Official Public records, of
Jefferson County,Texas.
Lessor:Richard N. Evans et al
Lessee: Square Mile Energy,LLC
12. Oil,Gas and Mineral Lease, and all terms,conditions and stipulations therein:
Recorded: February 14,2006, in County Clerk's File No. 2006005653, of the Official Public records, of
Jefferson County,Texas.
Lessor:ZizmontTree Farms,L.P
Lessee: Square Mile Energy,LLC
13. Interest in and to oil,gas and other minerals and/or royalties,bonuses,rentals and all other rights relating
thereto as set forth in the document:
• Recorded in Volume 644,Page 162 of the Deed Records of Jefferson County,Texas.
14. Terms,conditions and stipulations of that certain Indu0strial District Agreement by and between the City
of Port Arthur,GT Logistics,LLC and Golden Triangle Properties,LLC,filed for record December 17,
2018 under Jefferson County Clerk's File No. 2018043468.
15. Terms,conditions and stipulations of that certain Industrial District Agreement by and between the City
of Port Arthur and GT Logistics,LLC,filed for record on April 26,2021 under Jefferson County Clerk's
File No.2021013796.
16. All matters a current inspection or survey of the Property would reveal,including all matters shown on the
ALTA/NSPS Land Title Survey of the Property prepared by Jake T. Rodrigue, RPLS No. 6685, of T.
Baker Smith,dated April 15,2024 and last revised August 23,2024,Job No.2023.1996.
Exhibit B
Special Warranty Deed
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Jefferson County
Roxanne Acosta-
Hellberg
Jefferson County
Clerk
Instrument Number: 22391
eRecording-Real Property
DEED
Recorded On: August 26, 2024 08:17 AM Number of Pages: 8
" Examined and Charged as Follows: "
Total Recording: $49.00
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 22391 CORPORATION SERVICE CORP INGEO 1537
Receipt Number: 20240823000138 919 North 1000 West
Recorded Date/Time: August 26, 2024 08:17 AM
User: Candace L LOGAN UT 84321
Station: CCLERK41
vµzrcov STATE OF TEXAS
0o R?. COUNTY OF JEFFERSON
* * I hereby certify that this Instrument was FILED In the File Number sequence on the date/time
� printed hereon,and was duly RECORDED in the Official Records of Jefferson County,Texas.
44.44 ' Roxanne Acosta-Hellberg u
'"CO" � Jefferson County Clerk
Jefferson County,TX
EXHIBIT "B"
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 Entergy Texas ,
Inc. (hereinafter referred to as the "Property Owner") .
WHEREAS, the Property Owner owns and/or leases real and
tangible property located in the City' s extraterritorial
jurisdiction/industrial district (hereinafter referred to as
"ETJ") and plans to construct a 754-megawatt combined cycle power
station (hereinafter referred to as "The Project" or the
"Facility", and described in more detail in Exhibit "A") . The
Property Owner would like to enter into an Industrial District
Agreement solely for this purpose; 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
health, safety, and welfare of persons residing in and adjacent to
the municipalities; and
Entergy Texas,Inc. -Legend Power Station Project 1
Industrial District Agreement 2025-2034
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 ETJ 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 and/or leases land that is
located in the ETJ of the City which was previously 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
Charter, and the parties agree that the terms of this Agreement
are reasonable, appropriate, and not unduly restrictive of
business activities; and
Entergy Texas,Inc. -Legend Power Station Project 2
Industrial District Agreement 2025-2034
WHEREAS, this Agreement includes provisions concerning
tangible property, real, personal and mixed owned and/or leased by
the Property Owner in the Affected Area; 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
WHEREAS, the Property Owner plans to make an estimated capital
investment of approximately $1 . 5 billion in the Affected Area; 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
Entergy Texas,Inc. -Legend Power Station Project 3
Industrial District Agreement 2025-2034
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 (as defined in
Exhibit "A") ; and
WHEREAS, the City desires to offer an incentive to the
Property Owner as it pertains to the Project if it 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, effective January 1, 2025 and governs the City
contractual relationship with the Property Owner; 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 finds that this Agreement is
beneficial to its business operations; 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":
Entergy Texas,Inc. -Legend Power Station Project 4
Industrial District Agreement 2025-2034
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
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 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
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Industrial District Agreement 2025-2034
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 the names and addresses of all persons and entities
who store any tangible personal property on the land in the
Affected Area with the Property Owner with respect to the
Project (hereinafter referred to as "products in storage") , and are
in the possession or under the management of Property Owner on
January 1 of such year, and further giving a description of such
products in storage. 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 .
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Industrial District Agreement 2025-2034
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.
If the Affected Area were located within the corporate limits
of the City, it 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 Project (hereinafter
referred to as "In Lieu of Payment") for each "Tax Year" (as
hereinafter defined) during the term of this 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 Code (i. e. , the calendar
year) .
(b) On or before January 31st 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 Project.
For avoidance of any future doubt or confusion, whatever "In
Lieu of Payment" Property Owner makes under this Agreement with
respect to the Project supplants and is to the exclusion of any
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Industrial District Agreement 2025-2034
"In Lieu of Payment" which might otherwise be due under any
existing Industrial District Agreement with respect to the Project
or the Affected Area .
The Parties agree to the following Discounted Rate Table as
it pertains to the Project :
$1.5 Billion
Tax Year (beginning January 15t) Investment Discount Year
2025 Construction Period 25% Year 1
2026 Construction Period 25% Year 2
2027 Construction Period 25% Year 3
2028 Construction Period 25% Year 4
2029 Construction Period 25% Year 5
2030 Post Construction 10% Year 6
2031 Post Construction 20% Year 7
2032 Post Construction 30% Year 8
2033 Post Construction 40% Year 9
2034 Post Construction 50% Year 10
The Property Owner will report and certify to the City the
requisite investment of 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 of the Project
does not exceed $1 . 5 billion, 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 2025 would be calculated based upon a discounted value of
25% . The "In Lieu of Payment" is an amount equal to 25% of the
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Industrial District Agreement 2025-2034
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, "Construction
Period" means the five-year period beginning on January 1, 2025 in
which construction of the Project commences and ending on December
31, 2029 .
(f) For the purposes of this Agreement, "Post-Construction
Period" means the five (5) year period beginning with and including
the Tax Year immediately following the end of the Construction
Period and ending with and including the tenth (10th) Tax Year
following the conclusion of the Construction Period (December 31,
2029) .
(g) For the purposes of this Agreement, "Payment Period"
means the ten (10) year period beginning with and including the
first (1st) Tax Year of the Construction Period and ending with and
including the tenth (10th) Tax Year of the Post-Construction
Period.
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Industrial District Agreement 2025-2034
(h) 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 2025
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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Industrial District Agreement 2025-2034
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 2033 during the term of this Agreement that the Taxable Value
of the Project is $125, 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 $396, 000 calculated as follows:
$125, 000, 000 X 40% X $ . 792/100 = $396, 000
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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Industrial District Agreement 2025-2034
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,
0 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
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Industrial District Agreement 2025-2034
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.
As used herein, the term "Nested Contractor" means an employer
that (i) regularly operates full time at the Affected Area
providing personnel or services under contract with the Property
Owner and (ii) is listed on Exhibit E attached hereto.
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Industrial District Agreement 2025-2034
Section 5 . Reporting Requirements
For each of the Tax Years 2025 through 2034 , 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
Section 6 were reached for the Report Period or Report Periods
covered by the Report or Reports applicable for such Tax Year as
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Industrial District Agreement 2025-2034
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 Milestone Period
Report Periods Ending
on the following:
2025 June 30, 2025 January 1, 2025 to
June 30, 2025
2026 December 31, 2025, July 1, 2025 to
June 30, 2026 June 30, 2026
2027 December 31, 2026, July 1, 2026 to
June 30, 2027 June 30, 2027
2028 December 31, 2027, July 1, 2027 to
June 30, 2028 June 30, 2028
2029 December 31, 2028, July 1, 2028 to
June 30, 2029 June 30, 2029
2030 December 31, 2029, July 1, 2029 to
June 30, 2030 June 30, 2030
2031 December 31, 2030, July 1, 2030 to
June 30, 2031 June 30, 2031
2032 December 31, 2031, July 1, 2031 to
June 30, 2032 June 30, 2032
2033 December 31, 2032, July 1, 2032 to
June 30, 2033 June 30•, 2033
2034 December 31, 2033, July 1, 2033 to
June 30, 2034 June 30, 2034
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
Facility on the last day of such Report
Period who were Port Arthur residents on such
date; plus
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Industrial District Agreement 2025-2034
(ii) the total number of expansion employees
employed by the Property Owner' s Nested
Contractors for projects at the Facility on
the last day 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
Facility 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 Facility 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
2025, the Report Period Hiring Percentage for the
Report Period ending June 30, 2025; and
(ii) for the Milestone Period applicable to any of the
Tax Years 2026, 2027, 2028, 2029, 2030, 2031, 2032,
2033 and .2034 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)
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Industrial District Agreement 2025-2034
percentage points (100 ) based upon the following schedule (the
"Hiring Milestones") :
Construction Period Percentage Point Reduction*
Milestone Hiring Percentage
for the Milestone Period
applicable to such Tax Year
25% of those employed are 10%
Port Arthur Residents
Post-Construction Period Percentage Point Reduction*
Milestone Hiring Percentage
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
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Industrial District Agreement 2025-2034
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.
(f) For purposes of this Agreement, the term "PAGE 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 semi-annual Reporting
Periods included in Tax Year 2025 through 2034 (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 Tax Years 2025, 2026, 2027, 2028, 2029, 2030,
2031, 2032, 2033 and 2034, the sum of the Report Period PABE Spend
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Industrial District Agreement 2025-2034
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
Discounted Rate for such Tax Year shall be reduced by ten (10)
percentage points (100) based upon the following table (the "PABE
Spend Milestones") :
Construction Period Percentage Point Reduction*
PABE Milestone Percentage
applicable to such Tax Year
4% of construction costs are 10%
spent with PABE members
Post-Construction Period Percentage Point Reduction*
PABE Milestone Percentage
applicable to such Tax Year
4% of purchases made after 10%
construction are spent with
PABE members
Notifications
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
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Industrial District Agreement 2025-2034
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
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
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Industrial District Agreement 2025-2034
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
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
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Industrial District Agreement 2025-2034
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
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, except as provided in Section 12 below.
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
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Industrial District Agreement 2025-2034
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 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, 2034 and will, for each Tax Year
thereafter, continue to annually pay the City an "in lieu of tax"
payment equal to eighty percent (80%) 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 January
31st 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
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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
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 1, 2034 to annex the property in the Affected Area or to
enter into negotiations with the Property Owner regarding an
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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 31, 2034 , 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 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 31, 2034 .
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 pertaining to the Facility 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,
Entergy Texas,Inc. - Legend Power Station Project 25
Industrial District Agreement 2025-2034
equipment, inventory, and all other property located in the
Affected Area and pertaining to the Facility. 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 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 Facility
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
Entergy Texas,Inc. - Legend Power Station Project 26
Industrial District Agreement 2025-2034
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 .
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 or this Agreement 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
Entergy Texas,Inc. -Legend Power Station Project 27
Industrial District Agreement 2025-2034
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 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; provided however that (i)
Property Owner' s records shall be held confidential by the City to
the fullest extent permitted under applicable law, (ii) Property
Owner may require the City to execute a confidentiality agreement
before reviewing Property Owner' s records, and (iii) in no event
Entergy Texas,Inc. -Legend Power Station Project 28
Industrial District Agreement 2025-2034
shall the City have access to records related to Property Owner' s
customers, tax matters, materials considered privileged or
confidential under applicable law or Property Owner' s internal
policies or materials which Property Owner is legally obligated
not to disclose by agreement or law.
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
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 (10o) 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 .
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
Entergy Texas,Inc. - Legend Power Station Project 29
Industrial District Agreement 2025-2034
Tax Years 2025 through 2034, 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 :
• 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 January 3lstth 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
Entergy Texas,Inc. -Legend Power Station Project 30
Industrial District Agreement 2025-2034
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 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
Entergy Texas,Inc. -Legend Power Station Project 31
Industrial District Agreement 2025-2034
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
(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 January 31st of
each year. If the Property Owner does not pay the In Lieu of
Payment by January 31st of each tax 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 1000 of all
monies that the City would have received from the Property Owner
if it been within the corporate limits, which include 1000 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
Entergy Texas,Inc. -Legend Power Station Project 32
Industrial District Agreement 2025-2034
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
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
Entergy Texas,Inc. -Legend Power Station Project 33
Industrial District Agreement 2025-2034
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 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 Entergy Services, LLC
City of Port Arthur Attn: Tax Department
444 4th Street 639 Loyola Avenue
Port Arthur, TX 77640 L-ENT-l5N
New Orleans, LA 70113
WITH A COPY TO: WITH A COPY TO:
City Attorney Entergy Services, LLC
City of Port Arthur Attn: Legal Department
444 4th Street 639 Loyola Avenue
Port Arthur, TX 77640 L-ENT-22A
(409) 983-8125 New Orleans, LA 70113
Entergy Texas,Inc. - Legend Power Station Project 34
Industrial District Agreement 2025-2034
(409) 983-8124
Section 28 . Cancellation
If the Property Owner permanently ceases operation of the
Facility 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 is effective as of the 1st day of January,
2025, and shall expire on the 31st day of December, 2034 .
Section 30 . Future Use
Notwithstanding any other terms contained in this Agreement,
if the City annexes any portion of the Affected Area at any time,
the City agrees and acknowledges that, regardless of any such
annexation, Property Owner shall have the right to continue to use
the Affected Area for the purpose of a combined cycle power
station, and the City shall have no right or ability to
retroactively impose any zoning rules, building codes or other
City codes, laws or regulations with respect to the Affected Area.
Section 31 . Release
Within ten (10) days after the date that this Agreement is
fully executed, and upon compliance with any applicable terms of
Entergy Texas,Inc. -Legend Power Station Project 35
Industrial District Agreement 2025-2034
the below described Industrial District Agreements, the City will
execute and the Property Owner will record a partial release (with
respect to the Affected Area only) of that certain Industrial
District Agreement between the City of Port Arthur, GT Logistics,
LLC and Golden Triangle Properties, LLC recorded at Instrument No.
2018043468 on December 17, 2018 in the Official Public Records of
Jefferson County, Texas and that certain Industrial District
Agreement between the City of Port Arthur and GT Logistics, LLC
recorded at Instrument No. 2021013796 on April 26, 2021 in the
Official Public Records of Jefferson County, Texas .
[SIGNATURE PAGES FOLLOW]
Entergy Texas,Inc. -Legend Power Station Project 36
Industrial District Agreement 2025-2034
SIGNED AND AGREED to on the day of
2025 .
Entergy Texas, Inc.
BY:
NAME:
TITLE:
ACKNOWLEDGMENT
STATE OF LOUISIANA §
PARISH OF ORLEANS §
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 Entergy Texas, Inc. 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. , 2025 .
NOTARY PUBLIC, STATE OF
LOUISIANA
Entergy Texas,Inc. -Legend Power Station Project 37
Industrial District Agreement 2025-2034
SIGNED AND AGREED to on the day of , 2025 .
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. , 2025 .
NOTARY PUBLIC, STATE OF TEXAS
Approved as to form and substance:
Roxann Pais Cotroneo, City Attorney
Entergy Texas,Inc. -Legend Power Station Project 38
Industrial District Agreement 2025-2034
Exhibit "A"
Project Description
Proposed Entergy Texas,Inc.(ETI)Legend Power Station Project
FACT SHEET
Overview of Protect:
The Legend Power Station (Legend) is an ETI self-build, natural gas-fired Combined Cycle Combustion
Turbine(CCCT)with one combustion turbine and generator(CTG),one heat recovery steam generator
(HRSG), and one steam turbine and generator (STG) in a one by one (1x1) multi-shaft configuration.
Legend is anticipated to produce net 754-megawatts at the International Organization for Standardization
(ISO)3977 ambient conditions of 59°F and 60%relative humidity.Legend will be designed and constructed
in a way that supports customers'sustainability goals and ETI's own decarbonization commitment via two
paths. First by enabling the Power Island Equipment(PIE)with H2 co-blending capability of up to 30%by
volume and by designing the unit to utilize Carbon Capture and Sequestration(CCS)as soon as practically
possible. Timing on implementation of H2 burning utilization will be made on a resource-by-resource
basis and influenced by customer sustainability demand, policy, market,and locational considerations.
Second, the Project has a clear strategy for the development and execution of carbon capture and
sequestration(CCS),which we expect our customers will require. ETI possesses the market opportunity,
geographical advantages,and indicative customer support to be a market leader in the utilization of CCS
for decarbonization. Successfully launching and utilizing CCS requires the coordinated deployment of a
customer, stakeholder, operations/execution, and regulatory strategy (information on each strategy
detailed below).
Owner and Operator of the plant
ETI will be the owner and operator of the facility. The plant will be constructed on approximately 20 acres
of property,with an additional 20 acres reserved for a future potential CCS project. ETI is in the process
of purchasing property located in the area shown on Exhibit A.
Amount of investment:
The anticipated cost of the engineering,procurement and construction related to this project is estimated
to be approximately$1.5 billion.
Number of new permanent jobs:
ETI estimates that the project will result in at least 17 permanent jobs and several hundred construction
jobs during the construction phase.
Entergy Texas,Inc. -Legend Power Station Project 39
Industrial District Agreement 2025-2034
Exhibit "B"
Legal Description and Map Depiction of the Affected Area
LEGAL DESCRIPTION
Being a 99.958 acre tract, more or less, out of a called 1,116.39 acre tract as recorded in File No.
2010015746 of the Official Public Records of Jefferson County,Texas(O.P.R.J.C.T.),same being part of
Blocks 6&7,Ranges"R"&"S"and Blocks 8&9,Ranges"Q","R","S",&"T"of the Port Arthur Land
Company Subdivision as recorded in Volume 1.Page 22 of the Map Records of Jefferson County,Texas
(M.R.J.C.T.). Said 99.958 acre tract being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with yellow cap stamped"TBS"set for the northerlymost corner of
the herein described 99.958 acre tract for the POINT OF BEGINNING"A",from which a 5/8 inch iron
rod with"SOUTEX"cap found at a northerly corner of the aforementioned 1,116.39 acre tract bears N 35°
10'21"E,a distance of 4,226.65 feet;
THENCE S 53° 21' 33" E, a distance of 1,519.58 feet to a 5/8 inch iron rod with yellow cap stamped
"TBS" set on the northwesterly line of a called 160.8 acre tract, as recorded in File No. 2023034768,
O.P.R.J.C.T., for the easterlymost corner of the herein described 99.958 acre tract, from which a '/: inch
iron rod with"SOUTEX"cap found at the northeast corner of said 160.8 acre tract bears N 74°02'45"E,
a distance of 2,041.31 feet;
THENCE S 36°38' 17"W,with the northwesterly line of said 160.8 acre tract,a distance of 3,509.79 feet
to a 5/8 inch iron rod with yellow cap stamped "TBS" set forth the southerlymost corner of the herein
described 99.958 acre tract, from which a 'h inch iron rod with"SOUTEX" cap found at the southwest
corner of said 160.8 acre tract bears S 36°38' 17"E,a distance of 60.94 feet;
THENCE parallel to and 45 feet from the easterly line of a called 129.750 acre Jefferson County Drainage
District No.7 casement tract as recorded in Volume 1525,Page 50 of the Deed Records of Jefferson County,
Texas(D.R.J.C.T.),the following courses and distances:
N 10°57'29"W,a distance of 694.39 feet;
N 29°36'42"W,a distance of 824.74 feet;
THENCE N 16°20' 39"E,a distance of 491.54 feet;
THENCE continuing parallel to and 45 feet from said easterly line of said 129.750 acre Jefferson County
Drainage District No.7 easement tract,the following courses and distances:
N 43°57' 57"E,a distance of 551.85 feet;
N 23°06' 25"E,a distance of 543.81 feet;
N 03°24' 00"W,a distance of 62.66 feet to a 5/8 inch iron rod with yellow cap stamped"TBS"
set for a northwesterly corner of the herein described 99.958 acre tract, from which a railroad
spike found in the centerline of the Jefferson County Drainage District No. 7 levee,same being in
the centerline of the 57th Street and also being at a northwesterly corner of said 1,116.39 acre tract
bears N 31°22' 36"W,a distance of 1,850.48 feet;
THENCE N 37° 26' 19" E, a distance of 1,124.47 feet to the POINT OF BEGINNING "A", and
containing 99.958 acres of land,more or less.
Entergy Texas,Inc. -Legend Power Station Project 40
Industrial District Agreement 2025-2034
All as more fully set forth in that certain Special Warranty
Deed from Golden Triangle Properties, LLC to Entergy Texas, Inc.
dated August 22 , 2024 and recorded at Inst. No . 22391 in the
records of Jefferson County, Texas
Entergy Texas,Inc. - Legend Power Station Project 41
Industrial District Agreement 2025-2034
The Property
The Property is a portion of that certain 742.212 acres of land identified as Property ID 255833 in the
records of the Jefferson Central Appraisal District, located in Jefferson County,Texas,said portion being
approximately 100 Acres in the central west side of the property located east of Taylor Bayou,west of Tiger
Bayou,and south of Highway 73/82 as shown below in red and outlined in black.
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Exhibit "C"
List of Present Owners and Lessees of Property Located in the
Affected Area and Pertaining to the Facility, Except for
Excluded Persons
Entergy Texas, Inc.
Entergy Texas,Inc. -Legend Power Station Project 42
Industrial District Agreement 2025-2034
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_
F
ekr I. Employment and Hiring,.,'.„z,
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 31"or July 315L)for submitting
a Report may be extended for thirty(30)days upon the written request of the Property Owner.
Entergy Texas,Inc. -Legend Power Station Project 43
Industrial District Agreement 2025-2034
Exhibit "E"
NESTED CONTRACTORS :
1 . TIC - The Industrial Company
2 . Sargent & Lundy, L.L. C.
3 . Mitsubishi Power Americas Inc.
4 . Siemens Energy, Inc.
5 . Black & Veatch Corporation
Entergy Texas,Inc. -Legend Power Station Project 44
Industrial District Agreement 2025-2034