HomeMy WebLinkAboutPR 18176: IDA WITH GT LOGISTICS LLC AND GOLDEN TRIANGLE PROPERTIES P. R. No. 18176
2/4/14 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF A
SUPPLEMENT TO THE INDUSTRIAL DISTRICT
AGREEMENT WITH GT LOGISTICS LLC AND GOLDEN
TRIANGLE PROPERTIES.
WHEREAS, on November 26, 2013, pursuant to Resolution No. 13-
594, the City entered into an Industrial District Agreement with
with GT Logistics LLC and Golden Triangle Properties 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; and
WHEREAS, the City has offered to change the Agreement to
comply with Agreements entered into subsequent to the City's
acceptance of the Industrial District Agreement with GT Logistics
LLC and Golden Triangle Properties.
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
execution of the Supplement to Industrial District Agreement
between the City of Port Arthur and GT Logistics LLC and Golden
Triangle Properties by adding Sections 31 and 32, in substantially
the same form as attached hereto as Exhibit "A ".
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Section 3. 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., 2014, at a Meeting pf the City Council of the City of Port
Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
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CITY ATTO EY I
APPROVED FOR ADMINISTRATION:
JOHN A. COMEAUX, P.E.,
INTERIM CITY MANAGER
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EXHIBIT "A"
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STATE OF TEXAS §
COUNTY OF JEFFERSON §
SUPPLEMENT TO THE INDUSTRIAL DISTRICT AGREEMENT
BETWEEN CITY OF PORT ARTHUR
AND
GT LOGISTICS LLC AND GOLDEN TRIANGLE PROPERTIES
WHEREAS, on the 19 day of December, 2013, the City of Port Arthur and GT
Logistics and Golden Triangle Property Owners did enter into an Industrial District Agreement;
and
WHEREAS, the Parties wish to add to the Agreement, additional sections; and
WHEREAS, the City has offered to change that Agreement to comply with Agreements
entered into subsequent to the City's acceptance of the G.T. Logistics and Golden Triangle
Property's Industrial District Agreement; Now therefore,
BE IT RESOLVED that the following Section 31 and Section 32 are added to the
Industrial District Agreement and reads as follows:
Section 31. Favored Nations.
If after the date this Agreement is signed by the Property Owner and while this
Agreement is in effect, the City enters into a new agreement with any other person with respect
to an existing facility on land in an industrial district, and such new agreement contains terms
and provisions more favorable to such person than those in this Agreement, than the Property
Owner shall have the right to amend this Agreement, and the City agrees to amend this
Agreement, to embrace such more favorable terms of such agreement. This provision does not
apply to agreements related to expansions or new projects or to any automatic renewal or
extension of an existing agreement on substantially the same terms and conditions.
Supplement to Industrial District Agreement Between City of Port Arthur
And GT Logistics LLC and Golden Triangle Properties Page 1
Section 32. Confidentiality
The information provided by the Property Owner to the City or otherwise obtained by the
City in connection with 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 the Property Owner, and the Property Owner will be afforded the 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.
SIGNED AND AGREED to on the day of , 2014.
Property Owner
BY:
Steve Birdwell
Golden Triangle Properties
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Steve
Birdwell, 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 Golden Triangle
Properties, 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., 2014.
NOTARY PUBLIC, STATE OF TEXAS
Supplement to Industrial District Agreement Between City of Port Arthur
And GT Logistics LLC and Golden Triangle Properties Page 2
•
Property Owner
BY:
Bart Owens
GT Logistics LLC
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared Bart
Owens, 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., 2014.
•
NOTARY PUBLIC, STATE OF TEXAS
•
Supplement to Industrial District Agreement Between City of Port Arthur
And GT Logistics LLC and Golden Triangle Properties Page 3
r
CITY OF PORT ARTHUR, TEXAS
BY:
John A. Comeaux, P.E.
Interim City Manaer
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day personally appeared John A.
Comeaux, P.E., Interim City Manager of the City of Port Arthur, Texas, 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., 2014.
NOTARY PUBLIC, STATE OF TEXAS
Supplement to Industrial District Agreement Between City of Port Arthur
And GT Logistics LLC and Golden Triangle Properties Page 4