HomeMy WebLinkAboutPR 18204: AMENDED INDUSTRIAL DISTRICT AGREEMENT WITH OXBOW CALCINING, LLC P. R. No. 18204
4/16/14 gt
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AMENDED INDUSTRIAL DISTRICT AGREEMENT WITH
OXBOW CALCINING, LLC
WHEREAS, on December 10, 2013, pursuant to Resolution No. 13-
617, the City entered into an Industrial District Agreement with
with Oxbow Calcining, LLC 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 amend the Agreement to comply
with Agreements entered into subsequent to the City's acceptance of
the Industrial District Agreement with Oxbow Calcining, LLC.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the City Council hereby authorizes the
execution of the Amended Industrial District Agreement between the
City of Port Arthur and Oxbow Calcining, LLC, in substantially the
same form as attached hereto as Exhibit "A ".
Section 3. That a copy of the caption of this Resolution
be spread upon the Minutes of the City Council.
s.pr18204
READ, ADOPTED AND APPROVED on this day of
A.D., 2014, at a Meeting of the City Council of the City of Port
Arthur, by the following vote: AYES:
Mayor
Councilmembers
NOES:
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS T. FORM:
17 2/ / Ad
CITY ATTORR Y I_
APPROVED FOR ADMINISTRATION:
JOHN A. COMEAUX, P.E.,
INTERIM CITY MANAGER
s.pr18204
EXHIBIT "A"
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
AMENDED INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF PORT ARTHUR AND
OXBOW CALCINING, LLC
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 Oxbow Calcining, L.L.C. (hereinafter referred to as
the "Property Owner "). Property Owner leases real estate from
The Kansas City Southern Railway Company and owns tangible
personal property, it operates a coke calcining plant, which is
located in the City of Port Arthur's extraterritorial
jurisdiction.
WHEREAS, Oxbow Calcining subleases a portion of its
facility to Port Arthur Steam Energy, LP., and will be
responsible for its in lieu of tax payment to City pursuant to
this agreement; and
WHEREAS, pursuant to Section 42.001 of the Texas Local
Government Code, the Legislature declares it the policy of the
State of Texas to designate certain areas as the
extraterritorial jurisdiction of municipalities to promote and
protect the general health, safety, and welfare of persons
residing in and adjacent to the municipalities; and
s.ida_oxbow 2014 -2016 Page 1
WHEREAS, the extraterritorial jurisdiction (hereinafter
referred to as the "ETJ ") of the City is the unincorporated area
that is contiguous to the corporate boundaries of the City and
that is located within 3 -1/2 miles of the boundaries of the
City; and
WHEREAS, pursuant to Section 42.044 of the Texas Local
Government Code (the "TLGC "), the governing body of a
municipality may designate any part of its extraterritorial
jurisdiction as an industrial district and may treat the
designated area in a manner considered by the governing body to
be in the best interests of the municipality; and
WHEREAS, the Property Owner owns and /or leases land that is
located in the ETJ of the City, which was previously designated
as an industrial district and Exhibit "A" represents a true,
correct and complete legal description and /or map depiction of
said land (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 42.044
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
s.ida_oxbow 2014 -2016 Page 2
are reasonable, appropriate, and not unduly restrictive of
business activities; and
WHEREAS, this Agreement includes provisions concerning said
real and tangible personal property owned and /or leased by the
Property Owner in the Affected Area; and
WHEREAS, the Property Owner and the City have previously
entered into industrial district agreements related to 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 Property Owner agrees to provide written
reports to the City regarding its hiring and procurement
practices on a semi - annual basis; and
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WHEREAS, the City desires to offer an incentive to the
Property Owner if it participates in an Employment and Training
Roundtable Program and meets certain milestones based on
increases in the hiring of Port Arthur residents and the
contracting opportunities afforded Port Arthur businesses; and
WHEREAS, this Agreement shall be effective and binding on
the parties hereto upon execution hereof on behalf of all
parties to this Agreement, and effective January 1, 2014, this
Agreement supersedes any prior existing Industrial District
Agreement between the Property Owner and the City relating to
the subject matter hereof and governing City's contractual
relationship with the Property Owner; and
WHEREAS, the City 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.
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:
s.ida_oxbow 2014 -2016 Page 4
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 and that the City will not
extend any services to Property Owner in the Affected Area
(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 or contribute to flooding on adjacent
property.
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 "A ", 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
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certifies that Exhibit "A" 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 ".
(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 (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 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.
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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 (hereinafter referred to as "In Lieu
of Payment ") for each "Tax Year" (as hereinafter defined) during
the term of this Agreement 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 October 15 of each Tax Year during the
term of this Agreement, and except as otherwise provided in
Sections 4, 7 and 20, the Property Owner will remit to the City
an "In Lieu of Payment" equal to eighty percent (80a) of the
"Taxable Value" (as hereinafter defined) for such Tax Tear
multiplied by the City's property tax rate for such Tax Year.
(c) On or before October 1 st of each Tax Year during the
term of this Agreement, 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.
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(d) 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 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 1 of such Tax Year, less
the exempt value of pollution control property as so determined.
The appraised value also includes the appraised value of any
property that is located in a foreign trade zone or any other
type of federal, state or local zone.
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 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 a Tax Year
during the term of this Agreement that the Taxable Value is
$15,000,000 and that the City's property tax rate for such Tax
Year is $.792 per $100 of Taxable Value. Subject to the
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provisions of Sections 4 and 7, the In Lieu of Payment for such
Tax Year would be $95,040.00 calculated as follows:
80o X $15,000,000 X $.792/$100 = $95,040.00
Section 4. Treatment of Certain Fluctuations in Value
In the event there are any fluctuations of 10a or more in
the "Contract Value" (as hereinafter defined), the parties agree
that there shall be a floor and ceiling applied in order to
calculate the payment for each year. Therefore, the parties
agree to place a cap on the variance in the amount of the
payment from the previous year of plus or minus 10o based on the
Property Owner's Contract Value for the previous year.
The intent of the 10% provision is to limit fluctuations in
payments to the City to no more than 10% up or 10o down each
year. This is accomplished by specifically defining the
Contract Value for the purpose of this contract each year
(hereinafter referred to and defined as the "Contract Value ").
Notwithstanding anything contained herein to the contrary, if
for any Tax Year during the term of this Agreement, the Taxable
Value for such current Tax Year is either ten percent (100) more
or less than the "Contract Value" (as herein defined) for the
immediately preceding Tax Year, then subject to the provisions
of Section 7, the In Lieu of Payment for such current Tax Year
shall be an amount equal to eighty percent (80%) of either:
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• 110% (if the Taxable Value for such current Tax Year
is ten percent (10a) more than the Contract Value for
the immediately preceding Tax Year), or
• 90% (if the Taxable Value for such current Tax Year is
ten percent (100) less than the Contract Value for the
immediately preceding Tax Year)
of the Contract Value for the immediately preceding Tax Year
multiplied by the City's property tax rate for such current Tax
Year.
As used herein, the term "Contract Value" means:
(i) for the Tax Year 2014, the Taxable Value for the
Tax Year 2013; and
(ii) for any Tax Year during the term of this Agreement
after the Tax Year 2014, the Taxable Value or the Contract
Value, as the case may be, used to calculate the In Lieu of
Payment for the immediately preceding Tax Year.
a. Calculation of the Contract Value if there is a Decrease in
Value of More than 10%
In the event there is a fluctuation which results in a
decrease in the Taxable Value for 2014 of more than 100 of the
Taxable Value for 2013, the Contact Value for 2014 will be an
amount equal to minus 10% (i.e., 900 of the Taxable Value for
the immediately preceding year [2013]).
In the event there is a fluctuation which results in a
decrease in the Taxable Value for 2015 of more than 100 of the
Contract Value for 2014, the Contact Value for 2015 will be an
s.ida_oxbow 2014 -2016 Page 10
amount equal to minus 10% (i.e., 90% of the Contract Value for
the immediately preceding year [2014]).
In the event there is a fluctuation which results in a
decrease in the Taxable Value for 2016 of more than 100 of the
Contract Value for 2015, the Contact Value for 2016 will be an
amount equal to minus 10% (i.e., 90% of the Contract Value for
the immediately preceding year [2015]).
b. Calculation of the Contract Value if there is an Increase
in Value of More than 10%
In the event there is a fluctuation which results in an
increase in the Taxable Value for 2014 of more than 10% of the
Taxable Value for 2013, the Contact Value for 2014 will be an
amount equal to plus 10% (i.e., 110% of the Taxable Value for
the immediately preceding year [2013]).
In the event there is a fluctuation which results in an
increase in the Taxable Value for 2015 of more than 10% of the
Contract Value for 2014, the Contact Value for 2015 will be an
amount equal to plus 10% (i.e., 110% of the Contract Value for
the immediately preceding year [2014]).
In the event there is a fluctuation which results in an
increase in the Taxable Value for 2016 of more than 10% of the
Contract Value for 2015, the Contact Value for 2016 will be an
amount equal to plus 10% (i.e., 1100 of the Contract Value for
the immediately preceding year [2014]).
s.ida_oxbow 2014 -2016 Page 11
c. Chart
The following chart further illustrates the treatment of
various fluctuations:
Subject
to
Contract Contract City
Tax Value Value Contract Property
Year Taxable Value % Change % Limitation Value Applicable %* Tax Rate
2013 100.00 N/A N/A 100.00 N/A N/A
2014 80.00 -20% -10% 90.00 80% 72.00
2015 80.00 -11% -10% 81.00 80% 64.80
2016 110.00 36% 10% 89.10 80% 71.28
2017 ** 110.00 23% 10% 98.01 80% 78.41
2018 ** 90.00 -8% 0% 90.00 80% 72.00
* Subject to potential reduction for performance based incentives under Section 7.
** Assumes this Agreement is extended under Section 30.
Section 5. Port Arthur Local Business Enterprise Program
The City recognizes that proactive steps must be taken to
help ensure that Port Arthur local business enterprises thrive
and continue to benefit our community economically and socially.
Therefore, the City created the Port Arthur Local Business
Enterprise Program (the "PABE Program ") which is designed to
promote spending with qualified Port Arthur local business
enterprises (each an "LBE" as such term is defined below) by
companies that have industrial district agreements with the
City, as well as to increase the diversity of Port Arthur
businesses from which such companies procure goods and services
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so that the pool of such businesses is representative of the
business community at large. The Property Owner agrees to
participate in the PABE Program.
As used herein, "LBE" means a Port Arthur business
(including, but not limited to, a Port Arthur minority and /or
women owned business enterprise ( "MWBE "), a Port Arthur
historically underutilized business ( "HUB "), and a Port Arthur
disadvantaged business enterprise ( "DBE ")) that has been
certified as a LBE under the procedures and criteria specified
in the PABE Program as determined by the City Council of the
City, but such term shall not include any Port Arthur business
that has ceased to be so certified.
The City and the Property Owner agree, in conjunction with
other companies that have entered into industrial district
agreements with the City, to set up an advisory board to
implement the goals and objectives for the PABE program. The
advisory board will meet as needed and will be facilitated by an
outside source (Lamar State College of Port Arthur or other
mutually agreeable party) (referred to herein as the "PABE
Facilitator "). The PABE Facilitator will be paid a stipend
which shall be prorated equally among the parties to the
industrial district agreements, and the Property Owner agrees to
pay its prorated share of such stipend, provided that the
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Property Owner's prorated share of such stipend shall not exceed
$250.00 per year.
Notwithstanding anything contained in this Agreement to the
contrary, the Property Owner shall in no event be obligated
under any provision of this Agreement (i) to amend or otherwise
change, or attempt to amend or otherwise change, any agreement
to which the Property Owner is a party as of the date hereof, or
(ii) to hire or retain any person, or to award any contract for
materials, supplies, equipment or services to any vendor,
supplier, professional, contractor or subcontractor, unless, in
the Property Owner's sole discretion, (A) such person is
qualified, is willing to perform the work, and satisfies all of
the Property Owner's normal standards for employment, and (B)
such vendor, supplier, professional, contractor or subcontractor
is qualified, financially sound, has an adequate safety record,
is willing to perform the work, or provide the materials or
services, in the time required and in a competitive manner, and
is the lowest qualified responsive bidder who meets all the
applicable bid specifications.
The Property Owner agrees that it will participate in the
PABE Program during the term of this Agreement and strongly
consider the use of certified Port Arthur businesses to
facilitate the goals of the PABE Program. The terms and
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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 Quarterly Employment Roundtable Program
facilitated by the City. The goal of the Quarterly Employment
Roundtable Program is to address employment and training issues
that are essential to the hiring of Port Arthur residents as
employees of the Property Owner and it's Nested Contractors (as
hereinafter defined). The Quarterly 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 regularly operates full time at the Affected Area
providing personnel or services under contract with the Property
Owner.
Section 6. Reporting Requirements
(a) For each of the Tax Years 2014 through 2016 (and, if
this Agreement is extended under Section 30, each of the Tax
Years 2017 and 2018), the Property Owner agrees to submit on a
semi - annual basis a report (each, a "Report ") in accordance with
the procedures, and providing the information specified, herein
with respect to the hiring of qualified Port Arthur residents by
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the Property Owner and its Nested Contractors, and the retention
of LBE's by the Property Owner, as the same relate to the
Affected Area.
(b) The Report due for the six -month period ending on June
30 of each of such Tax Years shall be submitted on or before
the July 31 immediately following the end of such six -month
period, and the Report due for the six -month period ending on
December 31st of each of such Tax Years shall be submitted on or
before the January 31 immediately following the end of such
six -month period; provided, however, that upon the written
request of the Property Owner, the deadline for submitting a
Report shall be extended for thirty (30) days. The six -month
period covered by any Report is referred to herein as the
"Report Period."
(c) The Reports shall be sent to the Office of the City
Manager and copied to the City Attorney substantially in the
format delineated in Exhibit "B ". Each of the Reports will be
reviewed for compliance by the City or its representative as to
the following:
(i) With respect to the hiring of qualified Port
Arthur residents by the Property Owner at the Facility, such
Report shall set forth the following information for the Report
Period covered by such Report:
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(A) Total number of employees employed by the
Property Owner at the Facility on the last day
of such Report Period who were Port Arthur
residents on such date;
(B) Total number of employees employed by the
Property Owner at the Facility on the last day
of such Report Period;
(C) Total number of new hires employed by the
Property Owner at the Facility during such
Report Period who were Port Arthur residents
on their first day of employment with the
Property Owner;
(D) Total number of new hires employed by the
Property Owner at the Facility during such
Report Period; and
(E) Total number of applicants completing the
interview process for employment with the
Property Owner at the Facility during such
Report Period.
(ii) With respect to the hiring of qualified Port
Arthur residents by the Property Owner's Nested Contractors for
projects at the Facility, the Property Owner will use
commercially reasonable efforts to obtain the information set
forth below for inclusion in such Report for the Report Period
covered thereby:
(A) Total number of employees employed by the
Property Owner's Nested Contractors for
projects at the Facility on the last day of
such Report Period who were Port Arthur
residents on such date;
(B) Total number of employees employed by the
Property Owner's Nested Contractors for
projects at the Facility on the last day of
such Report Period;
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(0) Total number of new hires employed by the
Property Owner's Nested Contractors for
projects at the Facility during such Report
Period who were Port Arthur residents on their
first day of employment with the Property
Owner's Nested Contractors;
(D) Total number of new hires employed by the
Property Owner's Nested Contractors for
projects at the Facility during such Report
Period; and
(E) Total number of applicants completing the
interview process for employment with Property
Owner's Nested Contractors for projects at the
Facility during such Report Period.
(iii) With respect to the retention of "Designated
LBE's" (as defined in Section 7(e)), such Report shall set forth
the following information for the Report Period covered by such
Report:
(A) Total number of Designated LBE's that:
(i) were on the approved vendor list of the
Property Owner at any time during such
Report Period, and /or
(ii) were invited by the Property Owner during
such Report Period to bid on contracts
for goods and /or services;
(B) Total number and dollar amount of contracts
awarded by the Property Owner during such
Report Period for goods and /or services that
the Property Owner determines could have
potentially been obtained from Designated
LBE's; and
(0) Total number and dollar amount of the
contracts described in Section 6(c)(iii)(B)
immediately above that were awarded to
Designated LBE's during such Report Period.
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(d) The information provided by the Property Owner
to the City in any Report shall be held confidential by the City
to the fullest extent permitted under applicable law. If the
City receives a request for such information, the City will
notify the Property Owner, and the Property Owner will be
afforded an opportunity to file a brief with the Texas Attorney
General setting forth the reasons for exclusion of all or any
portion of such information from the requirement to be released
pursuant to the Texas Public Information Act.
Section 7. 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
Sections 3 and 4 is based in part upon the application of a
percentage equal to eighty percent (800) (the "Discounted
Rate "). For any Tax Year during the term of this Agreement, the
Discounted Rate may be reduced as provided in this Section 7
upon verification and approval by the governing body of the City
that one or more of the performance -based milestones described
in this Section 7 were reached for the Report Period or Report
Periods covered by the Report or Reports applicable for such Tax
Year as designated below (such period or periods for any Tax
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Year being referred to herein as the "Milestone Period" as
designated below):
Tax Report Period or Report Periods
Year Ending on the following: Milestone Period
2014 June 30, 2014 01/01/2014 - 06/30/2014
2015 December 31, 2014, and June 30, 2015 07/01/2014 - 06/30/2015
2016 December 31, 2015, and June 30, 2016 07/01/2015 - 06/30/2016
2017* December 31, 2016, and June 30, 2017 07/01/2016 - 06/30/2017
2018* December 31, 2017, and June 30, 2018 07/01/2017 - 06/30/2018
* If this Agreement is extended under Section 30.
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 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
(ii) the total number of employees employed by
the Property Owner's Nested Contractors for
projects at the Facility on the last day of
such Report Period who were Port Arthur
residents on such date; and
(Y) = an amount equal to the sum of:
(i) the total number of employees employed by
the Property Owner at the Facility on the
last day of such Report Period; plus
(ii) the total number of employees employed by
the Property Owner's Nested Contractors for
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projects at the Facility on the last day of
such Report Period.
(c) For purposes of this Agreement, the term "Milestone
Hiring Percentage" means:
(i) for the Milestone Period applicable to the Tax
Year 2014, the Report Period Hiring Percentage
for the Report Period ending June 30, 2014; and
(ii) for the Milestone Period applicable to any of the
Tax Years 2015, 2016, 2017 and 2018, 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 up to five (5) percentage points (50) based upon the
following schedule (the "Hiring Milestones "):
Milestone Hiring Percentage Point
Percentage for the Reduction*
Milestone Period
applicable to such Tax
Year
10 % -20% 2%
21%-35% 3%
36 % -49% 4%
50% or greater 5%
*For example, a percentage point reduction of 2% reduces
the Discounted Rate to 78% (i.e., 80% minus 2% = 78%).
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LBE 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 LBE's for such Report Period selected and
compiled by the PABE Facilitator in accordance with the next
sentence (such LBE's for any such Report Period being referred
to herein as the "Designated LBE's"). In preparing the list of
the Designated LBE's for any Report Period, the City shall cause
the PABE Facilitator:
(i) to categorize the LBE's on such list as either
commercial, industrial, or both commercial and
industrial;
(ii) in the case of LBE's categorized as commercial,
to only include LBE's that specialize in retail
trade, service, professional, office or similar
goods and /or services that can be utilized by
the Property Owner at the Facility; and
(iii) in the case of LBE's categorized as industrial,
to only include LBE'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 Facility.
(f) For purposes of this Agreement, the term "Report
Period LBE 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:
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(X) = an amount equal to the total number of Designated
LBE's for such Report Period that:
(i) were on the approved vendor list of the
Property Owner at any time during such
Report Period, and /or
(ii) were invited by the Property Owner during
such Report Period to bid on contracts
for goods and /or services; and
(Y) = an amount equal to the total number of Designated
LBE's on the list of Designated LBE's provided by
the PABE Facilitator to the Property Owner for
such Report Period under Section 7(e).
(g) For purposes of this Agreement, the term "Milestone
LBE Percentage" means:
(i) for the Milestone Period applicable to the Tax
Year 2014, the Report Period LBE Percentage for
the Report Period ending June 30, 2014; and
(ii) for the Milestone Period applicable to any of the
Tax Years 2015, 2016, 2017 and 2018, the sum of
the Report Period LBE Percentages for the Report
Periods included in such Milestone Period divided
by two (2) .
(h) Upon verification and approval by the governing body
of the City that one of the LBE 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 up to five (5) percentage points (5%) based upon the
following schedule (the "LBE Milestones "):
s.ida_oxbow 2014 -2016 Page 23
Milestone LBE Percentage Percentage Point
for the Milestone Period Reduction*
applicable to such Tax
Year
10 % -20% 2%
21 % -35% 3%
36 % -49% 4%
50% or greater 5%
*For example, a percentage point reduction of 2% reduces
the Discounted Rate to 78% (i.e., 80% minus 2% = 78 %).
Notifications
(i) For each Tax Year during the term of this Agreement,
the City will verify the Report or Reports (as applicable)
submitted by the Property Owner for the Report Period or Report
Periods (as applicable) included in the Milestone Period
applicable to such Tax Year. If for any such Tax Year the City
determines that such Report or Reports fail to substantially
comply with the reporting obligations under Section 6, then the
City shall provide the Property Owner with a written notice of
the facts which the City believes have caused such Report or
Reports to fail to substantially comply with such reporting
obligations, and the Property Owner shall have thirty (30) days
to cure such failure. If the City does not provide any such
written notice with respect to the Report or the Reports for the
Report Period or Report Periods included in a Milestone Period
within ninety (90) days after the last day of such Milestone
s.ida_oxbow 2014 -2016 Page 24
Period, then for purposes of this Agreement (including Section
30), such Report or Reports shall be deemed to be in substantial
compliance with the reporting obligations under Section 6.
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 LBE Milestones. The information compiled by the
City in connection with any such verification shall be made
available to the Property Owner upon request.
Section 8. 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 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
s.ida_oxbow 2014 -2016 Page 25
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 or that exceed permissible exposure limits under
applicable state or federal laws.
s.ida_oxbow 2014 -2016 Page 26
Section 9. 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.
Section 10. 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 10 or Section 9, (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 1 st of such Tax Year, and (ii) the
s.ida_oxbow 2014 -2016 Page 27
Property Owner shall not be required to pay ad valorem taxes to
the City for the same period of time they have already paid an
In Lieu of Payment with respect to the Affected Area. If for
any reason the City is prevented from annexing the Affected Area
and if the parties cannot reach an agreement on a new payment
schedule or 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 10, the Property
Owner agrees that it will continue to pay to the City the In
Lieu of Payments delineated in this Agreement until December 31,
2016 (and, if this Agreement is extended under Section 30, until
December 31, 2018), and will, for each Tax Year thereafter,
otinue to annually pay the City an "in lieu of tax" payment
equal to eighty percent (800) of the Taxable Value of the
Property Owner's real and tangible personal property located in
the Affected Area as determined by JCAD for such Tax Year
multiplied by the City's property tax rate for such Tax Year for
so long as the Property Owner or its assignees and successors or
affiliates own such property. Payments will be due on October
15th of each year. In the event the City is prevented from
annexing the Affected Area in the legislative circumstances
described in the first sentence of this Section 10, then
pursuant to Sections 42.044 and 212.172 Local Government Code,
the Property Owner agrees and consents that the City has the
s.ida_oxbow 2014 -2016 Page 28
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 at the eighty (80%) rate, as
denoted above, for successive periods, for a total duration not
to exceed 45 years, or the maximum period allowed by law,
whichever is longer.
Section 11. 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.
s.ida_oxbow 2014 -2016 Page 29
Section 12. Right to Annexation at the Expiration of this
Agreement
The parties agree that the City has the sole discretion,
after October 1, 2016 (or, if this Agreement is extended under
Section 30, after October 1, 2018), to annex the property in the
Affected Area or to enter into negotiations with the Property
Owner regarding an industrial district agreement covering
periods after the expiration of this Agreement.
If for any reason any portion of the Affected Area is
annexed prior to December 31, 2016 (or, if this Agreement is
extended under Section 30, prior to December 31, 2018), 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,
2016 (or, if this Agreement is extended under Section 30, until
December 31, 2018).
s.ida_oxbow 2014 -2016 Page 30
Section 13. Right to Annexation pursuant to Chapter 43 of
the Texas Local Government Code
The City reserves the right to annex any tract or parcel
with the minimum required adjacent area, as per Chapter 43 of
the Texas Local Government Code, if any of such owners or
lessees other than the Excluded Persons do not pay an In Lieu of
Payment for its interest in such land, improvements, units,
equipment, inventory, and all other property located in the
Affected Area and 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 14. 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
s.ida_oxbow 2014 -2016 Page 31
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 shall inure to the benefit of and be
binding upon the parties hereto and its respective successors
and assigns.
Section 15. 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 16. 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
s.ida_oxbow 2014 -2016 Page 32
complies with the Property Owner's safety and security standards
and rules. All such inspections will be made with one or more
representatives of the Property Owner. The Property Owner may
require any person conducting such an inspection to execute a
confidentiality agreement before entering the Affected Area.
The information provided by the Property Owner to the City
or otherwise obtained by the City in connection with any such
inspection shall be held confidential by the City to the fullest
extent permitted under applicable law. If the City receives a
request for such information, the City will notify the Property
Owner and the Property Owner will be afforded an opportunity to
file a brief with the Texas Attorney General setting forth the
reasons for exclusion of all or any portion of such information
from the requirement to be released pursuant to the Texas Public
Information Act.
Section 17. 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
s.ida_oxbow 2014 -2016 Page 33
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 18. Inspection of Records
The City reserves the right to review the Property Owner's
records to ascertain the accuracy of reports filed by the
Property Owner in accordance with this Agreement.
Section 19. 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 (10a) per
annum, not later than the 120 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
s.ida_oxbow 2014 -2016 Page 34
incurred in bringing an action under Section 2264.101, Texas
Government Code. The Property Owner will also promptly report
to the City any "undocumented worker" that is improperly
retained by its contractors or subcontractors at the Facility.
Section 20. Property Tax Information, Credits and Refunds
With respect to the land, improvements, units, equipment
and all other property located in the Affected Area for each of
the Tax Years 2014 through 2016 (and, if this Agreement is
extended under Section 30, for each of the Tax Years 2017 and
2018), 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 28, no later
than September 15 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;
s.ida_oxbow 2014 -2016 Page 35
• any informal settlement or final ARB order
determining protest with respect to such
property;
• any pleadings filed by the Property Owner as a
petition for review of an order determining
protest of the ARB with respect to such property;
and
• any settlement, final judgment or other final
disposition on appeal or otherwise of any such
lawsuit.
Pending final determination of any tax protest filed by the
Property Owner with the ARB, or appeal thereof, with respect to
any Tax Year during the term of this Agreement, the Property
Owner shall pay to the City, on or before October 15 of such
Tax Year, an amount equal to the In Lieu of Payment paid to the
City for the immediately preceding Tax Year. Upon the final
determination of such protest or appeal thereof, the Property
Owner's In Lieu of Payment liability hereunder for such Tax Year
shall be calculated based on the Taxable Value for such Tax Year
that reflects such final determination. If the In Lieu of
Payment so calculated for such Tax Year exceeds the In Lieu of
Payment previously paid by the Property Owner for such Tax Year,
then the City shall submit to the Property Owner a statement
setting forth the calculation of such excess, and the Property
Owner shall pay the amount of such 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
s.ida_oxbow 2014 -2016 Page 36
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 21. Notice of Default
Notwithstanding anything to the contrary contained in this
Agreement, in the event of any breach by the Property Owner of
any of the terms or conditions of this Agreement, the City shall
give the Property Owner not less than five (5) business days'
written notice, specifying the nature of the alleged default,
and manner in which the alleged default may be satisfactorily
cured. Thereafter, the Property Owner will be afforded a
reasonable time (but in no event less than 60 days) within which
to cure the alleged default. Nevertheless, time is of the
s.ida_oxbow 2014 -2016 Page 37
essence on the payment schedule for the In Lieu of Payments on
October 15 of each year. If the Property Owner does not pay
the In Lieu of Payment on October 15 of each year, the City can
immediately commence annexation proceedings and sue for all
damages provided for herein. In the case of litigation for
breach of this Agreement and to encourage timely payments, the
City can seek 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 22. Entire Agreement
This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and supersedes
any and all prior understandings or oral or written agreements
between the parties respecting such subject matter, except as
otherwise provided in the instruments referenced herein. This
Agreement may be amended only by written instrument signed by
all of the parties hereto.
Section 23. 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
s.ida_oxbow 2014 -2016 Page 38
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 24. 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 25. Governing Law
This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. This Agreement
is to be performed in Jefferson County, Texas.
s.ida_oxbow 2014 -2016 Page 39
Section 26. 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 27. 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 28. 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 Plant Manager
City of Port Arthur OXBOW CALCINING LLC
444 4 th St. 3901 Coke Dock Road
Port Arthur, TX 77640 Port Arthur, Texas 77641
Telephone: 409 - 983 -8458
WITH A COPY TO: WITH A COPY TO:
City Attorney Oxbow Calcining LLC
CITY OF PORT ARTHUR 1601 Forum Place, Suite 1400
444 4 th St. West Palm Beach, FL 33401
Port Arthur, TX 77640 Attn.: Legal Department
(409) 983 -8126 Telephone: 561- 697 -4300
(409) 983 -8124 Facsimile: 561- 640 -8812
s.ida_oxbow 2014 -2016 Page 40
Section 29. 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 30. Term
This Agreement is effective the 1st day of January, 2014,
and shall expire on the 31 day of December, 2016; provided,
however, that this Agreement may be extended until December 31,
2018 (thereby extending this Agreement to cover the Tax Years
2017 and 2018) at the City's option if the City determines there
has been improvement in the hiring of Port Arthur residents, and
the contracting opportunities afforded Port Arthur businesses,
by the Property Owner and its Nested Contractors. The City's
option shall be exercised by the City giving written notice of
such exercise and extension to the Property Owner before
December 31, 2016.
In addition to the foregoing, this Agreement may be
extended by the City as delineated in Section 10.
s.ida_oxbow 2014 -2016 Page 41
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, then 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.
[SIGNATURE PAGES FOLLOW]
s.ida_oxbow 2014 -2016 Page 42
SIGNED AND AGREED to on the day of
20134.
OXBOW CALCINING, L.L.C.
BY:
NAME:
TITLE:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared
known to me to be the person whose name is ascribed to the
foregoing instrument, and acknowledged to me that he executed
the same as the act and deed of Oxbow Calcining, 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., 2014.
NOTARY PUBLIC, STATE OF TEXAS
s.ida_oxbow 2014 -2016 Page 43
SIGNED AND AGREED to on the day of ,
2014.
CITY OF PORT ARTHUR, TEXAS
BY:
John A. Comeaux, P.E.,
Interim City Manager
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared John A. Comeaux, Interim City Manager of the
City of Port Arthur, known to me to be the person whose name is
ascribed to the foregoing instrument, and acknowledged to me
that he executed the same as the act and deed of the City of
Port Arthur, for the purposes and considerations therein
expressed, and the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE day of
, A.D., 2014.
NOTARY PUBLIC, STATE OF TEXAS
Approved as to form and substance:
Valecia R. Tizeno, City Attorney
s.ida_oxbow 2014 -2016 Page 44
Exhibit "A"
Legal Description and Map Depiction of the Affected Area
(Attached as the next pages of this Exhibit "A ")
s.ida_oxbow 2014 -2016 Page 45
EXHIBIT "A"
EXHIBIT "A"
r oL the B.C. Arthur and W•H
more or less out o 5 acres being the same a
T axt n4 .u5 Survey in Jefferson fers, Texas; , ordinance e .
a
t ha t de cri ey in Jefferson county, Arthur
certain lands fr
6 described in Exhibit " of the City c port Ar
lusiontzial certain
1a.2 a
annex, said ordinance providing landshaseanlundus of
annexation and designating basin and a
h] acre tract; said 9 4. 1 5 as
of water in the Wdesc turning
described by metes and bounds in tracts A,
ac
being ter more fully
follows:
TUACT "A" - 65.22 ACMES OF 1'laela point of intersection oe the mast waterline of the WE
at the po projection of
turning s frly project0`)
turning g t o•of line of Dock Road, f r y P 1 wide
North right-of-way line
Jefferson County road: right-of-way line
the North rig to line of t'
saiTHENCE in a Northeasterly direction along the right more or less, to a point 1n the
said county road, road projected and along a t Warren Y th e
county road, a distance a 2000 feet, more %.c.S.
Southwesterly line of the property
Company; line of said
westerl direction along the westerly line more said les
Warren Petroleum a North an y Lease, a distance of 502.4
warren Petroleum Com? Y
to a point for corner: the Northerly line of said
direction along eft, more o less,
Warren in a le Company s
Lease, a distance of 300 f
Warren Petroleum Company said
a point for corner: the westerly line of
T}igNCn in a Northwesterly mp
direction istance of es feet, more or a e d s,
warren Petroleum Company Lease,
a point tor corner: the Northerly line of said
direction along 471 2 feet, more or le:
THENCE in a Northeasterly Com yLease, a distance of
warren Petroleum p oint being located on the northeast corner of said
to a point, said P point for corner:
Warren Petroleum Company Lease, p
fe t
THENCE in a Northwesterly direction fora ra distance of 75 feeet, , m mar
f
less along the easterly boundary of Warren Petroloo eeum um Co pa Lea
the
to a point which is 25 feet Southeasterly
Kansas City Southern main line:
and Southeasterly direction
ai
westerly, and 25 feet South oz0smi
following L n a Southwesterly ara11e1 to
ain le along a a yne Which is P and around a curve of 11 deg. along 'feeler's Bayou, 26 min, to a point on the East sir
main line, angle of 119 deg
t S Wiu an basin Taylor's Bayou at the end of said curve:: . o
the West turning along the west turning basin, a
THENCE e a Southwesterly
direction g basin,
distance of basin for a total distance of 60(
25 feet to the waterline of'gaid Nest turning
across the west turning basin;
Corer or l East bank of said West turning to the
Moore or less along the West waterline of saes
direction long rightsof-way line of th
THENCE in a Southeasterly on the Northerly Westerly- -way line said
basin, rp tr
turning county road projected in a � the herein described tract; said
being and being further said being the POINT r r less, BEGINNING of o
containing 40 acres of land, herein.
Exhibit "A -l" attached hereto and incorporate
Save and except those certain six( 1 Hated by C
Port Arthur Ordinance No- 88-44 6 tracts of land designated as
described by
44 as an Industrial District Zone,
the following metes and bounds, to wit:
p
TR,1cT "o" _ 20.5 ACRES OF LA,W of the Warren
corner
number 5 of Tract "A
Petroleum Company a p located es the Northeast
petroleum Company Lease, as described in call
above; e asterly line of Said
:HENCE in a Southeasterly
direction along the feet, more or less,
warren Petroleum Company Lease, a distance a point for corner: the Northerly line of said
a distance he or feet, more or less,
Warren in a Northeasterly Company direction along
warren Petroleum Company Lease, said
a point tor corner; the easterly line of
direction along he 4 s feet, line of s centerli o f the
the aforementioned county d
THENCE in ea
Petroleum a Southeasterly ease a distance feet North 30 f feet, warren Petroleum Company oint� being 100 fee
a paint for corner: said trued;
t
line parallel
a l o and 100
THENCE in a Northeasterly direction along a distance l 1 8 a0 feet'
North of the centerline of said county road' oint being5 100 100h feet 87 Southern south
tracts
basin
more or lesss,.
to o a a point t nor r corner dKansas City
the centerline of the main tracts of the
leading the West turning parallel to the
tracts in a general
THENCE along a line Kansas is yOSouthernomain line p a general
of
casterly of said to a point is on the Northeasterly F rune f
Lease said point being the POINT acres of land,
Westerly direction to a p o tainLng,
titherh petroleum Company
the h s said on Exhibit "A -1" attached f
tract more or less
and incorporated herein.
TrtACT " - .43 AC0LS or tmo the B.C. Arthur Survey
more or less out of that described in
Jefferson . Cores of land, n 3 acre tract being 6t said
Exhib t " he City of Port Arthur Ordinance County, Texas: said from said ti
"A" of the No. .43
o x d ibit The aforesaid
providing for the exclusion of certain lands to -tit:
ordinance P „ e. follows
and designation such r ands h e lasuTractl zon
acres of land is described herein waterline of the
at the point of intersection of Westerly of the
right-of-way line cf Coke Dock Road,
Commencing Taylor's Bayou with the West ly (a0' ) wide sef f he c
turning basin of
County road; ht-of"��ay l�r
y direction right-of-way of
projected and along the South right-of-way
THENCE in a Northeasterl tion along the South
or less, to the POINT OF
said county road
county road, a distance of 420 described tract;
BEGINNING of the hereinafter direction along the South
f rly dire county a road, a distance o1
less, to a point f
THENCE continuing in a Northeaste
right-of-way line of said LortY'or corner.
more or , more of
feet, a distance of 125 feet,
THENCE in a Southeasterly direction,
less, to a point for corner: parallel to and 1
direction, along a line p road, a di 1
THENCE in a the South right-of-Way line of said county
to a point for corner:
1 0t feet, more south 5, o a 125 feet to a po
150 feet, more or less,
direction, a distance of 125 fee BEGINNING of mo
THENCE in a Northwesterly fsa d road and the POINT Of of land, the Sou described h ° ( t ra c t ; saidytracto containing "•4 a s of hereto
herein dbeng further described less, and being
incorporated herein.
• SITE •
: . r ,, art o f
and a p•
acre 'tract as described in ale+; aGrecr�ent
Oeine 3,5170 acres of land. more or less, out of Corporation
that Rice C 90.9 t Co Il, attion
from Ricc Carden Coh U. C. Ar ;Nndrbhe land
Seine situated in the U. G) tracts of
said si`� � ollorlsr
bt,rvcy, Jeffullyndescribcd and bounds 05 f
b•�ir�G more fully •
TttAC•f t1� • 1-
%uif Oil bras disle•set in concrete banclgGa).fth
s om m ncpno era pa.e 76 of the Aced
QU Corporatio n property ; a ( between in iC Volume 219. a ;, 1 11 e
Oil Corporation :t:, n Cou , cr,as; said disIt icetnftom the iol
1 ecord. of sec. Co1uc istance of,2.
we min. h sec. yc.�. Pcxas►
Y es. race 192 of thlnDeed Records Y of Jefferson in a ar
112. Pare 142 of
t 12 min. . 23 ace. West, for a distance of
1.29 Liar
1' South
to th Point of DeGxn�tine of the 1..9745. acre
1.291.7
of land here in described' •
parallel to anal 75
TlO=HCE, South 5) dec. 0) tnin• ItO sec. East,
boundary of the ►iarrcn Petroleum Comp:+
feet from the is ahc
feet to it point for corner:
lease, for a distance of 000.57 asallcl to and 00
�' South )1 der. 10 min. 00 scc. %•lest P
T:U.tII: rlestorly bolandtirY of the Wzter ert Pe )
for corner co P"
feet from the 279.06 feet to a• point lease. for a distance 'of 274•
h0 scc. Etst, alone .. ^�rd with •t•hc •
TI(£cCE. South 5) de c. 0) my boundsry of the Warren Petroleum
fence line of
the Southerly f to a point for et
TWICE.' South 3
• Comp:;nY lease, for a d is lance of 1Q 5 - �•n11e1 with the 1. deg.' 10 min. 00 see. hest, Y ; die
O 1 .111 feat to
f r1N111 _t to a p
Sou ht of way line of the count road. for t•
i1h1 r point for corner; said point also G
o
most Southerly corner of Tract .110. 1;
Ito sec. treat, for a distance of
• Tltl:IICC• . itoetl: 5) JeG• 0) min.
feet to a point for corners •
deg• mi.n. 20 sec T,a;t• for a �t:t:'t:ancr. n1
qfor corner' cc L o a Point f t to an d 1
} % „i, % , h0 scc. East, >>ara).lc..
tu+c c r
the 5G U
a dis '.
feet from the Southerly orLCOt:�crTt act llo • 1 , for
50, 5!> ice's to a point
•
fXGLlbx N row.. .. •
IIAC'1' 110. 1 '
.
�,s p,rallcl to.nnd )0 .
e r 10 m!n. 00 sec. of y e lg o.an of
T eet f. North 31 d'r line of Tract No. 1. f
feet from the easterly
152.00 Cect.to a point [or corner(
T:tC:ICC, North 5)
deg. 0) min. Ito sec. ucst..for a distancr, of
00.59 feet to a po int for corner( din Woe of
TIICtICC. North 36 d.-,G. 56 min. 20 sec. fast, for a
point for to and 50
170.00 feet to o p corner' .. parallel e, 0 n+in. 110 sec . West. p� o f the tt 5 .
Tees from North fc dc�• } boundary to n rot
f the Southerly +( 0•�5 feet
fe lrom Co any lease, 'e for a distance of
Petroleum Company
for corner► . . • parallel to and )0
sec. East, i
'ClOi1 f north 31 zter• 1-0 mite • 00
for a distance of •
Sect from the Lasterly.•line of 'tract No. 1.
299.15 foot to a point for corncrI. to and 30.
Ito sec'. ►1cst, parallel
do 0) min. 40 Mo. 1, for a distance of
'[eL•ttf No 5) a' point also being on "the from the I.ta p + r.orner; said p 41 +e pice Cards
common prOPcrty line of Gulf Oil 7 feet to. a P Corporation and
co(nn+o
Corporation; •
the comet
1 min. East. a1.onr den Corp'
Vane, North 6C dual o oration and 'the Rice Carden C r .
property for o Gulf 0 C O. 0 feet to a point for
a dt,tv of 1
ration. for til.on the common
see, r a sa, G
1•roper North 66 clot;• 21 min. 00 �+, Carden con
lire of co.': 011 Corporation and tile Rice Cs.rden Corp
n a distance t'
o: 25.79 fe et to the Point of ne
for a res • more or less.
•
•
1.9 295 acres of t ni.
mpACa T NQ Z
0.83. 2 i O • .x.49 • L. OR E 0• O . 1r •
VFY Jam'
• C• J!
Commencing at the most Southerly
Corner of Tract No. 1 as herein ',
described; • along and With the Din'
sec. West, 92.66 feet, P
53 deg for a distance of •
so deg. 03 min. 40 5 th , North R Tract No- 1,
Souths+esterly line o.
for corner:
distance of 0].OA f
min. 7.0 sec. West f o r pa distance
of the .04 f
THENCE, a p South 16 deg. SG ame being the po
to a point tor corner;
Last for a distance of 30.00 fe
acre tract eE.land herein described;
THENCE, South 53 deg. 03 min. 40 sec•
Vest for a distance of 41.01 fe
paint for corner;
South 36 deg. 56 min- 20 sec. to the Southwest corner of
THENCE, S point also being
Co a point -for corner: said P
Gulf States Utilities Sub - Station; along the southern boundz
40 sec. East, 20 25 feet to a point foe
l
THENCE, of s outh u te 03 mfo of a Gulf States
for a distance of corner
co n e r: said Sub -station, the Southeast
corner; said point also being
Utilities Sub Last, along and With said
d� 56 min. 20 sec. 6.70 feet to a point for core
Sub-Station North 36 9 of 6.
Sub- Station boundary, for a dista distance of 54.96 feet to the Southern bound
03 min. 40 sec. ,Cast, along a Dint fo
for a P
THENCE, South 53 deg.
line of said Sub distance of 136'
cornet; west, for a
THENCE, South 31 deg. 40 min. AA sec.
to a p
Dint for corner;
THENCE, North 53 West, for a distance of 47.12
deg• 0] min. 40 sec.
to a point for corner: for a distance Of 0.15 f
THENCE,
South 36 deg. 56 min. 20 sec.S•test
to a p
Dint for corner; for a distance of 5,0
T1lENCE, North 53 deg. 01 min. 40 sec. West,
point or 0.15 3
to a p for corner; sec. Last, for a distance
THENCE. North 36 deg. 56 min. 20
Din distance of 55.
to a P t for corner: n0 sec• nest, for a
THL•NCC, North 53 deg. 03 min•
to a point Cor corner;
THENCE, South 35 deg.
56 min. 20 sec. Nest, for a distance of 0.75
Din 5.00
to a P t for cornet; sec. West, for a distance of
THENCE, North '.i3 deg. 03 min. AO
in 0.75
to a Pa t for corner; Last, for a distance o
deg. 56 min. 20 sec. THENCE, North 36
to a point for corner;
THENCE, North 53
deg. 03 min. 40 sec. West, for a distance of 5.27
to a point for corner:
P Two
Tract No. 2
THENCE, South 35 deg.
56 min. 20 sec. west, for a distance of 6.80 fee
to a point for corner; 91 fe
•
THENCE, ,North 'S1 deg.
03 min. 40 sec. West, for a distance of 31.
to a point tor corner: a distance of 6,80 fee
THENCE, North 36 deg. 56 min. 20 sec. East, for •
to a point for corner; for a distance of 36.00 fE
THENCE, North.53 deg-
03 min. 40 sec. West,
to a point for corner; for a distance of 70.00 £f
THENCE, North 36 deg. 56 min. 20 sec. East,
to a point for corner for a distance of 35.00 fl
THENCE, North 53 deg. 03 min. 40 sec. West,
to a point for corner; 00 f'
THENCE, North 36 deg.
56 min. 20 sec. East, for a distance of 65.00
a point for corner;
THENCE, North 53 deg.
03 min: 40 sec. Nest, for a distance of 35.0
to a point for corner; 75.00 f
THENCE, North 36 deq. 56 min. 20 sec. Cast, tor a distance of
to a point for corner: for a distance of 98.00 f
0 for acres of land, 8.0e c
to the, South 51 deg. 07 man• c sec. .L 0,
to the PoXNT OF BEGINNING and containing
}.ens.
•
•
• �rnncr t�0.
caOnGCn 4F5'��� or
?.11 non s. 0 LIMO mone •Ln5 C;U11 �--
TIIE= � �ItLIt StlitVt:'(
' Ilo • 1 cis heroin
• at t1,c most: Southerly corner o Tract
Commencing �nrl with the
• descriUedt Ito sec Nest, ..LonP.of 92.66 feet
th ) deg. 0) min• distance t of Land here-
•f)(LI Nor iifc of Tr) L for a dorc tr�
•, C Ho•
Southwesterly 11c inning of tltc 0.1211
_o the Point oC C a distance °f
in dcscribcdl h0 sec. Nest, for
dc�. 0) min. .
19111115. f1ettttosa point for cornort �t;v,cc of
.b min. 20 sec. nest, for a dim
Tll'0.7 South )6 d corner; - tv�cc of
170 .90 feet to a point for , cI i .
T1{LtLC,E. South 5) 3cg• 0) min. 110 ccc• East,
point for corner; tuncc of
0
1 - 1 5.'75 feet to a p � Vest. for a di:'•
d c � • 56 min. 7.0
16,15 to .a p °'
South 7 t f corner;
X11 feet point West, for a distance of
liVI UO 5ec,
T}�NCE; Itorth 53 dc[;• 03 +nir•
to a point for cornet-1 distance of
10.0 test 56.min. 20 sec, East• for a d•is
`1 _,iC�. t ►oTth )G dcq cocncrt '
96 su feet to a point for for a distance of
Ti�tICS, Iloctt 57 deg. 0) utin•
1t0 see. West,
115.75 feet to a point for corner; a d i of
G min. 20 sec, East, for
T9Q..9O north )6 60G.. } t for s corner ;' .
•
a distance of
•190..0 feet to p IIO scc .•fast, for
C • South S3 deg. 0) lain. 20EHF15 feet to a poIn't for corncrl a distance of
ticst, Col'
c ontaining a istan1 acre
South G min. 20 sec.
�h'r.11CL'. Sou G� deg.
1p,0 Stet to the Point DC Beginning and co
of lard more
•
•
c
^ T RAC T 122. �'t
O t1T OP TIO's
0.216i Acnes LAND, I.10RF OR 1,tSS, 1 011 7 F T. 2!
--57—C: Afl'litJfl 5UIiYI T • Jt1 F1'Il i01 .
•
most Northerly corner of 'tract Ilo. 3.• na
Cotnmcncing of the '
herein de sot ibed: w ith the
56 min. 20 see., ~lest' tanco o d with feet
ToENCf•„ South I d, o• 5 for a di:• .7 hf
line of 'fritict Ilo• 3� tract of 1,
northwesterly of the 0.2365 acr
to the Point of Dc�i ;inL��
described) seG 41cst', for a distance of
h0
7 3 . )O C f e l et r to a)paint, for corner; 73.3 a distance of
T}ILNCC, North )6 deg. 56 min• 20 scc. East'.
4+1 feet •to a point for cornet; distance of
THENCE, north 53 dec. 0) min. AO sec. Yes t. for
to a point for corner: c of
S�,OG feet test for a distant
6 min. 20 scc.
T5.50 South )6 dint f distance of
55 50 feet to a povnt for eocn;rt ,cc Ncst, for 1 di.'� .
TVICItCf., North 5) deg 0) min. t0 .
1)2.00 feet to a point for corner: disltncc o[
56 20 scc • East: for a
^}� IICi;. North )6 dcC• 5 -min.
10.80 feet to a point for corner., distance of
5 scc• West. for
' VOICE, North CC deg. O6 min. �
9.71 feet to a point for corner:
th )6 der,•• 5) min•
ltt sec• Last. for a distance of
TIIEt•lC£. Nor )
11.70 feet to a point for corner; distance of
north 82 deg. 19 min• 14 scc. East, for a
TII point
9.60 feet to a for corners 20 sec. fast, for a distance of
T1lfHCt. North )t deg- 56 min.
29 35 feet to a point for corner; for a distance of
THENCC. South 5) d,0) min • Ito sec. East,
197 feet to ,a point for corner; distance of
56 in In. 20 scc. 'test. for a
Tlltil10 South aG oi. cot- corner; a distance of
•
19th,.; Sect to p l,0 sec., Fast, for
'►1tL•IICF;' South 5) dr.G: 0) ,n in.
60.)0 fcct to a poin.t for corner
t• ,
•
i
TRACT 110
ACnCs or t.nttfl 15 - Oft l
0.12 --�" �'i 'ff1U1l SU RVF�Y
t;FF li_Di COUi +f ( 1 •
corner of Trae No• )]
Beginning at the most Southerly , tar.ce of
T1 ICL• , South 21 dec. 31 min. 12 sec . Gast, for a distance
24.135 feet .to a for corner]
T1{CI {Cf„ South 36 deg.
G min, 20 sec . VIe3t, for a distance of
t 5 for corner:
129.00 feet to a P o = ,
'f1t�..t•tCE, North 5) ecC• U) min. 1]0 scc. Hest, for a distance of
111.10 fact to a point for corner]
111(tICE. North )6 deg. 56 min. �0 ;cc. FuSL'. fcr'a distance of
1)2.00 feet to a point for corner' Gast, for a Ji�tanco of
TilF.tl(;F,. North 41 point , lor n corncr;scc.
11:.1 feet to a t' 03 loin. , 0 sec. East. stance of •
11 for a distance
acrd
T South th d
10.00 feet to t1]c Point of Beginning and containing
of land, more or less.
•
• .
•
TRACT �__ _t10. 6 •
4 ncntS_ 0f 1,MID. MORE OR LES OUT OF TJ2
o . D 6t it , nvveY , i i� 1 it . cou ll
D �nnftt:� �� -
ttcginnine at the most Southerly
cornet of 'fCact tlo• );
0) min. Is0 sec • Fs;t, for a,di-s'tance of • 1'IfL•;ICE. South 5) d o i :r,t ) for corner;
3.2D .70 acct to .a p di.!:tancc of
TI VICE. South 3G deg. 56 min. 20 sec. West, for a
•1.5.0 feet to a point.fot' corned •
min. 110 sec. West, for a distance of
7'I�NCF„ north S3 point 0•.)
fcr corner:
83.50 sect to a p distance of
TI South )6 deg. 56 min. 20 sec, West,• for a
117.0 feet. to a point for corner:
West. for ;t distance of
'I I(CIICE , South 41 de„ • • 5 o min. 20 soc• • •
}9.10 feet to a point for corner: distance of
TIUIICE, South 36 deg. 56 mild. 20 sec. Vest. for a dis
65.75 feet to a point for corners • �� distance of
' TI�IICE 03 min. . South 5} de g.
40 sec. Cast, for
9:.105 feet to a point for corned
.. ,;Ilf1ICE, South 06 dog. 02,min• 20 sec East, for a distance of
14.61 Sect to a P
• point for corner;
Cast. for a distance of
VOICE, South 5) dct,. 17 min • 5) +c c
'13.5) feet to a point for corner: distance of •
1).
19 min. 07 sec. Last, for a dis :. . South OC deg.. t for corner; • .
7� feet to a P
1 19 min. 30 sec. tie,l, for a distance o
Tll>rtICC. South 3 s ou :t for corner; •
.).69 feet to a P West; for distance of
TItF,ItCC. South 02 deg. Oil min. '41 sec.
1),27 feet to a p for corner%
TIx1ICC , North 53 dee.. 2) min • lit sec. West. for a distance o f
14.11 feet to 0 point for corner:
'fltLtlCC. Ilorth 87
deg. 57 min. 50 'cc' West.. for + distance of
11.91 feet to a point for .cornett
Ia0 :cc • Test, - for a distance of
Tllf,lll:ti, {%pest., 5) deg., 07 min.
11).0 feet to a point for corner: -
C
• •,Tfin(1 East.. for a d� of
. 56 rein. 20 sec
.t: North }b deg
?1C. D int for. corner%
50.0 et to a p Ta;t, for a distance o • 0) min. 1%0 Se c
TIUI south S) deg.
10.90 feet to a point .for corner% or a d l�t a ncc of
deg. 56 m in. 20 sec• E t, f
TI(Etl0fe. tto 36
po it corner% .
p) 7o f.c for a c1i tanec of
0) t
5 p ) 1.6n• 110 sec. F.as
21.?) to a
feet to Co r corner: a distance of
21..7 };ast, for T1QItCE. North }6 dcG• 56 min. 20 sec.
c 0 feet t for a di:tnncc of
12�• et to a point for corner; 12 sec. 'Wes 0.261.4 acre
tlorth 21 deC• t o fa�ocairnina and containk
T1Q %tC�• t•to •thc•f'ois
2%f land• more or fee less.
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ATTACHMENT "A"
Area of Land leased by Great Lakes Carbon from KCS
Legal Description: 104.22 Acre Tract or Parcel of Land
D. • rthur urvc Abstra • No • 1 John Bennet Sarin Abstract No. 70
W. 14. Thaxton Susvey.flbstract No.
831 Jefferson County. Texas
BE NG a 104.22 •cre tract or .arcel • land situated in the B. • hur Surve Abs :ct •. I le so
• s exas e •1 : ennet rvc • b .ct N. 70 J ffe on ou Te a an. the W. H. Thaxto
Surve Abs .ct o. 8 l no ou t • a and als • befit: t •fa d
art . 1 • t c rta' call
2 9 12 acre tract o 1 • d ide t • ed as 'and "C" a d cr'b • in a "S • eciai W; itt t ! eed
• S.
s
41 fie d stet to • ' e _ r•en C. •ore ion : e, ded in Volume ' Pare ' 5 r o Records
e e • t • e Texas : d o be' : o t • and •a of that ai • .ed . 4 04
descried in a "S.ecial W: seed" fr• ''•n e W step Co •• do t• e e Re rve Li e
As u • ce •. of O io as r or.ed ", Vo , 2 Pa a 253 Dee. ; •rds le' or of sun Te is : d
a s • belly! all • that ert ,' 1 a e• 104.36 acre t .ct • f l. ed. identi , • : act • descr' .ed in e a
"Mei •ra dun • a e" betwee Wes ern ; Lf As.urance Co •f 6 io s c s•r to • ce •
Co • •r. tion as Le sot • d reat .. es ar. • Co •orati • as Le see es recorded ' i n Code o. 100 -
' 3 -154 Offi ial ' u •lie • • rds • f Real Pro. Jefferso, .un Texas said 04 2 ac e tract bein
more particularly described as follows: •
NOT . .11 .carin:s are b• d .n the .rthwesterl ri_ t -. -1 line • a 50 ..t road
asenrent as d cribed ' Film de No. PI 48 975: • Octal Public ' ecords o • al
Pr..er Jcie .n .unc Texa as • l Q 0 37 1 50 W.. . •s h.wn on r•vi.iIS
survey prepared by Mark W. Whiteley. RPLS No. 3636. dated February 28, 1985.
BEGINNIN t a 5 :" iro rod found for the ost •rther c. ••r • he tract he en de edtls as
c • . e also • 1 • : the in ersec s • • f e • th stem ' • ht -. -wa inc .,e • as C'
Com.an r•: t •f -wa eased on a wi• •f 121 e •_. d t c 0 westerl - of. -wa • •f a 50 f.o
road • emeet a •escribcd in an "_: semen" •m Kat : i out e ' :i • o •an • Rice
Carden C. ,oration = re • •e• in. ilm C•de o. • I • ;1758 Offi is 'u•lic Rec•r• -of R: 'roe
Jefferson Countv. Texas;
THENCE SO . 1° 7' 0" WEST alo : and wit e Nort we terl i:ht -o -w. line o tle said 0
fo. roam ._ e •n sr a d'stan if ; 7 eet to a It" iro• red ound for • to co er bei : a
angle point in the said 50 foot road easement;
TH CE SOU 31 °16 T o tinuin: a on: • • .'th the Northweste :ht -wa li • . the
said 0 foot ro.d eas me t • a dis • cc o. 13...7' f- et . • 5/8" i o red found or o ,e a d corn e
b iin _ th u • t • ter • Ile •f the oc u•ied lease area o he on Chemical of •an fo r
Warren Petroleum Company lease area);
•
T ENC 1.00 eet outside • d •aratl CI to � chain en Petroleum a om•a�, area fo area acalls:f
Che Ch rn'cal Come an former) th
NCR 14 53 °4 ' " WE 'T fo ad' tance. 4 •.•7 feet to a 5/8 "' .1 r.• found or co e •
SOUTH 31 °35'16" WEST, for a distance of 107. feet to a 5/81' iron rod found for comer;
NORTH 53 WEST. for a distance of 358.47 feet to a 5/8" iron rod set for corner;
•
•
SOU H ° •' 9" WEST or a distance of 40•.60 fe • /8'' ir' • d e • co r
SOOT °0:'52" 6 • ST for a i to ce o •..30 to a 3/4" i • i rod • nd f•r corner
SOU 1° 4'0•" WE T fo adi anceof 4.87 eet • a /8" iron od found o comer
S• „ °I '13" 6 • for a ._t• ce of d53 . • feet to . 5t :" ' on od found fir co a a'd
corner • • in 'n the N t wes e ri_ht•of - -wa line of e aid 50 foil road e. c env
THE CE •UTH 310 728" E T Mon_ and with the Nothw steri ri_ht -of -wa • line of the said 0
foot read easement o a distance of 927. 9 feet to a 5 :" iro od ' asphalt found f. .mer•
T _ NCE SO T 58 ° 40'45" EAST a .n_ and w'th the Southw• terl ri•ht- •f - -wa li e o t e said 5$
foil road ase e t f. a • istance of 24 98 eet to a /8'
rod se fir cs e sa'd c•rncr • i : that
certai :lied ' pint " " as de cri. d in e a• •v• reference. •i m od' • I *1-48-0 8 ri tcial P blic
• ecords •f Real Pro er Jeffe .n Coun Texas a+ d als• bcin: an teri.r 11 c•iner of that certai
called 11.4. :ere tract of and ',willed as r•et I :s . escribed 1 a ". • uorandui 'of Lease" between
W s e Re rve Li .c • ssu .nce C. if 0 to successor t. ' ice- arde o •oratio, as sor and rea
Lae Caro ot.orat'an as _ ssee as corded in Ft i C. •e No. 100 -' -1 4 Offtc'• Public Re ords
of Real Property, Jefferson County. Texas
_HE CE SO H 30 ° 33' 7" S o the b.- da be een the _• t erei de cibed nn the .id
• ,c cat Lakes .rbo Co •' . tion ract 11 for a distance o • . • feet
Q�ec:
T .. •NC SO T, 3.1453 " WE T c• ti u• : fir the
da betwee i t act to ein described an•
he a'• 1 1 • • •cre G eat .ke :rb.i pro .lion act 1 1 f o r . _ e and 9e7ou r w t st a r •o ln t eof
.rner a'd e bei , tie o caste ine o t oW pa r ct : •d tie nost Westerl c• e o the th said • l • s • 1 Western • eserve L'fe • ss : ice
said 11.46 acre Great Lakes Carbon Corporation Tract 11;
THE Ni ' H53 °03'SL" WE T Mon_ :
wit, the o eas rl 'n oft e Wes : B. i and
e Sou weste line of the aid . 4.0.1 Western Re erve _ 'fe Ass .nce Co. if • i• a t for a distance
of 1645.54 feet to a point for corner;
THEN E Wes n •es rve i Assurance t .n • + f •riot . t di e ce of 218.411 of
..
214.041 int for
mot;
THE C • ' TH 1+ °25'20" W _ ontin in! :1. and 't th o th ester i e of d a -i•
214.041 Western Reserve Life Assurance Co. of O�1 io tract, for a distance of 355.20 feet to a point for
corner:
THENCE NORTH 0$ °5 •" EAST continui _ alot: and with the Southwe to •ne o the said 2 4 141
Weste Res e ife • ssurance C.. of •hi• tra for a dist. ice • 42. • f t to a .oint fo corn • r: •
TH N E for the bow.. • ween the ' . ct here n de ib d and ti . t certa" . I led .$3.224 a re tract o
land 'den if' • : Tract 5 as c.nve ed b Chevron .S.A. o t: ' .r - n: aid arke in: Inc as
re *reed ' : t Fr' hw • terl line o the 214.041 ords
W stem l escrve t 'fee Texas
• s urance C.. o•hi•
he sam ben: t
tract for the following calls:
NORT 48° •'0." E • T for a dist. nce of 11' 4 feet to a •.int for o er•
NORTH 69 °20'00" EAST, for a distance of 199.30 feet to a point for comer;
• • , :0 °4: 0 ". EA T for : distance .1'79 $ f t t. a 1/2" ir.n rod bent ound for corner
N • • , 6. • • :' T fir a di Lance of 206.10 feet t. a 5/8" iro rod f. d for corner
N•• 61°17'51" EA T •r.dis. e •f20190 feet to a 1: "•.n •d o d or co, r•
•R H 4" 9'53" EA T f• a .ista c• •f 198.10 feet to 5 /: "'ron rod d'stu bed fo ,d for
comer;
NI 7 ° EA T for distance • " 8 fee to . /8" iron •d found for o i r
ORT 20°26' 3" F • T for a di tanc of .0.0 feet • 8" ir• od o i• • o ler:
N • RT 5 °11'0 " EAST for a distance of 64.31 fee to a 5/8" . r. rod fou d fo come •
THEN E al.n? with and :e sera 1 30.00 feet normal to centerline of a siu tra k fro n the Ka sa Cit
Southe t •Iw: • main line to the reat kes Carbon loadin_ docks the f.l owi : ca Is:
NOR H 18 °63' 2" EA for adistance of 92.08 e- tto - 1/2" it. rod .ent found for .mer
OR 23 °4s' 4" EAS for adista eof 103. 7 fee t• a /:" iris od .undf. comer
N•RTH 2" •4." _ • ST o a .i a c• of 103 90 feet to a railroad ai fou • for comer
NORT •° 11 ' 4" EAST f. r a distance of 10 .• 8 feet to a 5 /:" i •n rod fo id for corner
N •RTH 46°11'08" EAST f. a di tance of 1$ .79 eet to a railroad .1.1 o • a corner
NORTH 53 °56'09" . • fo a di lance of 03.'8 eet to a 5/8" iro od fou d for co er•
NOR , 6 ° 5'• :" EA T or a dis a c• of 4.20 feet to . 6" .nc:ete •ost sta teed "L" found
for •rner said corn bei : 'n the Southeaster r' •ht -o.•wa line • e aid an as •
Southern Railway Company rizht-of -way;
E CE aI•n• with and :enerall 51.,0 eet nor al to t e ce terlin o e sa'• o as C Sou rn
Raih • •m.an a' 'sea d .lo : • d with t .utheaster : -o -w. 1 of the sa'• , ansa i
Southern Railway Company right- of -wav the folloWipg ca11s�
SOU 4 86 °3 '51" EA T for :. is A e of 64.26 fe t to a /8" iron r. d toe t. for d for outer
ORTH 8. °58'14" A T .. a distal e of 106 72 fe- to a 6" concre .os tam•ed "P_ " ou d
for corner;
N • • T 78°50'17" AS f. r • • istance of 107.40 feet to a 3/4" 'r. rod found or • er
0•TH7.° 7 s" AS fo a.distanceo 13 .1 feet to a 5 /8 "'on •• f.0 d for .s r
H "N E • • T 72°31'10" • ST co tinuii alo, it and • ene a ' 1.00 feet nort a to e
e
centerli e o e aid a as C ou. ern • a'hva Coin an Da i'ne and alo t and with he
S•uthe• terl i_ht -of -wa 1is .f t e aid Kai s. it outhem • :i wa Co ,
distance of 5 .13 fe- t to the POT. OF t EGINNI a d containin: 1422 acres more •r ess.
•
Attached hereto are • descriptions, drawings or
maps, as to the portions of land leased by Port Arthur
Steam. Energy LP-from Great Lakes Carbon.
Belo • a • a . f that certain '3.9 acre tract . • escri • cd.in a lea e a • r ement fro t Rice arden
Co rati t• Great Lakes Carbon LL rve •f at Lakes es Gu bon Co
County ,ra s d h vein herein tatbclowhe 13.
C. - cth r surve •and the W H , axty u
described by metes and bounds as follows to wit:
Tract No. e
CO M$NCI G at a Gul Oil •r• s disk set in concrete •ei inthe • 76 v thee eed ce o d
Car n • •oration and u f a'l Co •oration as de ribed Volm e 21'
Jeffer o r • un exas said d's bein • sout 4 de . 13 i we t a • istane of ..4. feet • • a ulf
Oilcan etem•nus e t ie eel 2 aa:e1 O •fthedeedrecordsofJe�essoyt5oun t••fexas:It1 0 a cou
�asdescri•edinV u
CE south 25 de . 47 'I east 300.00 eet • a _ o t • in or co
HE CE south 1. de . 4 Ili . east 230. eet to an i on •'n for comer -
E south 14 d _. 4 tnin. w _ t 64.0 feet to an 'ro • in fir corner
T EN E south 0 de_ .. i . west 200. e t to an.iro tin or cortte •
• er
TH. NCE outh 37 de . 07 ini • West 20 0 feet an iron • in • r o er'
THENCE outh 49 de!. . S
THENCE so th 60 de:. 51 m'n. west 201.1 eet to an iron • in for comer
T - C • so tl 66 dc:. 21 ni r . wet .75..6 feet to to Poi t of B :'n in
THENCE south 3 de:. 0 t i..40 se . ea alon:
of alt n arCorta 7 ) tase 3S
ou hwesterl fro t a ence alon: the souther
fcetto oin
a pt for comer•
THENCE r , t da t o Warre net oleum Com (Inc a ,yl i
ease 2 feet o a •O int for c or er en a on: thew ster b • u an d with he fc ce line of. t e we tern
T ENCE south 53 de.. 03 m'n. 40 sec. eas alon:
bottndarY of Warren Petroleum Gorman se 502.55 feet w a ins for corner
T3:ENCE south 3l deg. 1 4 feet to a l wit
o nt for corner said bein: the most souther It corner he
coup__ road s^ "th of said Itne 414.1 0
ofTrac Tract
THE C orth 53 de . 031 M. 40 sec. west 92.66 feet • a •• int for co era t for co
T ENCE north 36 + 6 it 21 sec. cast 40.00 feet
tie 4 00 feet e from the souther) I t e
THE CE south 5 de :. 03 in. 40 sec. east bein
ofT ctNo. 1 58.56 feett a Dint fo c er' •arat el and 30.01 eet ensured •era nd'cular to the
T ENCE north 1 d _. 8 rni .cast bein_
east rI • line of Tract No. t 52.88 feet to a oint for corner' in f 4r comer
T CE north 53 • de.. mil. 20 ec. east 1 74.59 feet 70.00 feet a • nt for comer
T ENCE no ' + arallel an' 50.10 feet from the fence line of
THENCE to h 5 de-. 0 i . 40 sec. west bein _
the Warren • err • leum Com• an. weste t bounds 444.75 feet to a point for cot r
• T ENCE non' 31 de_. 18 min. east bein _ wallet and 0.00 feet fro .n . ter) line of Tract
N l 29 t 5 f e a Dint for corner
THEN E north 53 de:. 13 mi . 40 sec. west
non bein: ,aranlc l a an oin0t for feet from t to norther' rite
Tract No. 1 94.5: f et to the Gulf Oil o
}{ • E no 80 dc:. 51 mi ast• 12,22 feet alon_ said Gulf Oil r • •ert tine to an iron +in
or
NENC orth .6 • .. 21 min. cas' 24.34 fcct aton aid Gulf O'I ro•e line to the +ointof
be inn. + containin 1 897 acres more or less.
-.x•+ .i :wYti:' : ;.� ?.. - ;:: = � i . �' . :' ^ v y 'y y':V�:i;R,o.,. „gym'
e';fi'V^f :1 �;r;iw'�:a» ' �v =.r�.1 r.�LaF::.•) }" ...n= �3. <.c "" :,;� i, J }r 1 S j : in 41Fy� a +i .�
,v >'� ,dt �7i!A'L { f .��'� "!•: r) �i:'� t�"i~�:.` 1 ?� 1C� +ri7�.� : Y , �,�g '3�'�i � � ,r �. e��
� r._rtt�••�•,irv;�;. �yler ' S`t• S y;" . _ r z r a 'S i � �
. '
J J T �. 1 '- L, • . • - v. Q`t �` d'�f',
J ! Iy 1 ` Y 1 1 1 k.t JT • r .
�'5 • + a "�r r r ;v ac N t• 1 • c- r :.' 3 �• C �,. y , r s'
r r -sL ti - i � a• J S j r A + - fi '' S WrX J. • F-
J 1 , y , • a vt' it a te a bd{ + • , n r
-� � .t - Rt� 1 i
rac
OM E CI at the most souther corner • act o. as herein describest
T N to h 3 de .. . 1 u i L. 4 • ec. west alon. and with t e outhwe terl I'ne of Tract No. I
a distance of 62.66 feet to the Point of Beg.innins;;
_ south • de _. 6 min. 21 e west 164.07 feet t• the outhwe t corner of a ulf States
Utilities Sub - Station;
1'
•n' and with s 'd Sub - Station southe •ounda south 5 de *. 1 min. 40 sec east
20.25 feet to the southeast comer of said Sub- Station;
T EN no h 3 • de:. • min. 20 sec. east a10 : and with said ub- tation b•unda 6.70 feet
to a corner of said Sub - Station;
HEN E .o th •. :. 03 min. 40 sec. eas .1. • e outhcm bounda of said Sub•S,tation,
74.90 feet to a point for corner;
T _N E south 31 •e:. • : iiin. 44 sec. wes 1 6 2 fe to a .oint for corner;
THE C_ nort 53 de :. 03 min. 40 ec. w st 65. 2 feet to a • •I t for co
no '6 de:. 56 lei . 1 sec eat 70.01 t t• • • int or cor e
TH NCE t • • e: 0 tin. • 0 sec. w 3 .00 feet to a • o'nt or •rner•
orth 3. de:. 6 ' 1.21 e e . t .5 11 ee t. • • • i air er•
N _ • 5 • e: • m' . 40 ec. we 00 et o a • int • • 1 er
• oz 6 •e: 56 thin. _ • . as 750• eetto : t 0 CO ter
i, N E o_ 3 •e:. • fin 1 e .e: •. 11 ee o : •o' tforcoe
T, • . h 36 de: 6 ttin. 21 ec • t 83,14 eet t• a ...'i t for co r:
T E s. th 53 de_ 0 tt' . 41 s c. ea t 30.01 e a on _ e soutl wes e • ine o Tract N
1 to the Point of Beginning, containing 0.822 acres more or less.
Tract No. 3
COM 1 0 at the nest •uthe co r of . r•ct o. 1 as ie in de cr'bed•
T C . north 53 d : •3 mi . 40 ec west a o ' • d with to • th ester in of Tract ► • I
a distance of'2.6 eettoa.•' •r corner s•id.oi t •ei :ac•rnerif. act N•.1 and e'n:t eel int •f
[3cginninO
THENCE. north p dgg. 03 min. 40 sec: west, 194.45 feet to a point for corner;
THENCE, souther deg 56 min. 21sec. west, L70.90 feet to a point for corner;
THENCE, south 53 deg. 03 min, 40 sec. east, 45,75 feet to a point for confer;
H C o th3. •e: • mi 1 . wet ••..• f: o •r one'
T. N Es. .t 3 I. :. 1 n i . 40 ec. .s 1 70 ee t. t enort , es line of ract No. 2 a
mintmint fo.,- corng
T C south 6 . e: . in. 20 sec. est : 01: aid no west l' fe o ract No. 2 a dis 'n e
of 15.00 feet. a point for comer;
THENCE, north 53 deg. 03 min. 40 sec. west. 83,50 feet to a point for corner;
THENCE. south 36 deg. 56 into, 20 sec. west. 117.00 feet to a point for corner;
THENCE. south 81 dog. 56 min. 20 sec. west,39.53 feet to a Point for comer;
THENCE, south 36 deg. 56 min, 20 sec. west. 65.75 feet to a Point for comer;
T En. E outh •e_.03 t in.41 ee '2 10 • • tfo • er
THENCE; south 11 ddg,�2 min. 31 sec. oast, 16.21 feet to a point for comer, said point beim on
the perimeter of a circle whose center bears south 15 deg. 50 min, 27 sec, west, 17,50 feet;
THENCE. clockwise along said1erimeter with radius of 17,50 feet an arc distance of 69.73 feet
Ce r al ; n_1e = 2 8 • e :. 1: it' : ec. t. • • int of termination of the circle;
THENCE, north 88 deg., 22 min. 20 sec, west. 12.86 feet to a point for corner;
THENCE. north 53 deg. 03 non. 40 sec. west, 113.00 feet to a point for corner;
THE C n • 3. • _ 5 • min. 20 ec. e• t, 50,00 feet to a point for corner;
THEN E south 5 • _. 03 i . 40 sec. east 10.' 1 eef o a • • •n1 for corner
THE north 6 de: 5 . min. 2 i . : t 8 .70 feet t • a .int for o ter
THENCE, north 53 dee. 03 min. 40 sec. west, 22.55 feet to a point for comer;
THENCE.. north 36 deg. 56 min. 20 sec. cast. 132.00 feet to a point for corner,
THENCE, south 53 deg. 03 min. 40 sec. east, 13.30 feet to a point for corner;
THENCE, north 36 deg 56 min. 20 sec. east. 106.54 feet to a point for corner;
TH tCE, north 53 deg 03 min. 40 sec. west, 45.75 feet to a point for comer;
TR NC _ nortl 6 • e: . m' 20 e . ea _7 21 fe t to a ..int o corn r•
•
T EN ort 1 53 de', 1 mil 40 s c. w • st 78.30 feet o a . • int or comer'
T E CE orih 36 de2. 6 ' . ec. as 9.44 feet to : •1 int or corner
T F north 5 de_. 03 mi . 40 ec. west 55 06 feet o a Joint for or. er•
ENCE sou . dery_. 56 r in. 21 ec. wes 55.5i feet to a Joint f• corner
T, • N . no de . 03 min. 40 sec. west 1 2.01 ee to a •oi or co er•
THEN no 36 dc . 56 uin.20 ec. east 8.80 f et to a •.1 o corner said in b in: on
the •erimeter of a circle w1 e en e bears no 6' de?.. 4' tin. 12 ec. ea 17.51 feet
ENCE clockwise alon , said .erimeter w•th r . ius of 17.50 eet .n arc distance of 34. :9 feet •
central an -le = 114 de:. 14 i . . cc. to a poi t of to unatio o he c cle'
T •N E o 36 de:. 56 min. 20 s . cast 27 • feet to a of t f. me"
ENCE sou 53 de:. 03 min. 40 s c eat ' .06 feet to a .oi t for corner
T •N E so tit 6 de:. 56 min. 20 sec. • s 1'.44 ee o a Joint for comer
CE soul 3 de:. 0 niin. 40 sec. •a . 6. 30 feet o a poi t f.r comer
THENCE north36 de :. 56 min. 21 .ec eat 15 .71 fe t to a Joint or comer
Ti NC south 53 de:. 03 min. 40 ec. east 204.4 feet to th no west r e of Tract o. 1 .
point for corner;
THE C ou 1 6 de:. 5 • min. 20 sec. west .lo :. d w' .1 the orthwest ine of Trac No. 1 a
di tang• • 11 00 feet to the Point of :e•inn'n: co tail : 0. 46 acre more. less.
: in: a tart of iat ce :•t 2 2 acre trac as describe• in a ease a:reem nt o e :rde •
Co ...ratio to eat :kes C. bon Co .orati.n •ein• ituat • in a B. C. Arthur curve of effe on
C•un T xas said trac b • mor 11' oescibed b etes and pound asfollov o- - t:
'Tract No.4
CO N 1NGat_le nost outher Corner • T act •. as • eindescrib•d•
THEs. E i .rth 3 d _. : min, e. . alo _ :. • with toe outhea erl I'ne if said Tract 1 a
distance of 414 4 feet to a point for comer se'. • • int bin _ a corner o io Tract •
T C' sou h 53 •ems. 0 min. 40 sec. eas 81 f - .o e or loss to a y.intbein in the
southeasterly right -of -way line of a county road;
THEN . E south 31 . 1: min. west aloft: an. wit th south tell ri:h -of-wa line of aid
county road 410.77 feet to the Paint of Beginning;
T B south 31 • :. 1: loin. west alon : ands 11 the south . steri ri ht -o -wa line of sai•
county road 117.00 feet to a point for comer;
L•N E •uth 58 de:. • ,ti ast 5•.0 f• - to . •o'nt f• • co er•
THENC ort 1 de:. 18 min. e. . 1 7 40 eet to a Joint for co e
THENCE north 58 de .. . 42 min. west. 5 feet t • the southeaster) ri ! ht -of -wa line of
said coun road to the Point of Be' innint containin_ 0.153 acres more or less.
•
•
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EXHIBIT "B"
Exhibit "B"
Form of Industrial District Agreement Report
Industrial District Agreement Report
Property Owner's Name
Date of this Report
Report Period (semi - annual period
covered by this Report) From / /201 To / /201
7 {+ y * 'S 7 i , �p" 7 • i+9',��. qy v'"� r ��&
� ,.. � �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
ti °w -c '� as i*f-r W71M_ ?F ' se
2. >f1�- ,i.'?` .u,3 3�,f �^w p. 4 �+ n /y �`�� E •
(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 Contacts: $
(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 Contacts: $
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 31 for submitting a Report may be
extended for thirty (30) days upon the written request of the Property Owner.
s.ida_oxbow 2014 -2016 Page 46