Ord. 0966 05-08-00ORDINANCE NO. 966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, FINDING THAT THE CITY HAS ESTABLISHED GUIDELINES
AND CRITERIA FOR GRANTING TAX ABATEMENT PURSUANT TO
RESOLUTION NO. R98-59; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT ZONE #9),
IN ACCORDANCE WITH THE PROPERTY REDEVELOPMENT AND TAX
ABATEMENT ACT; FINDING THAT THE IMPROVEMENTS SOUGHT ARE
FEASIBLE AND PRACTICAL AND WOULD BE A BENEFIT TO THE LAND
TO BE INCLUDED IN THE ZONE AND THE MUNICIPALITY AFTER THE
EXPIRATION OF THE TAX ABATEMENT AGREEMENT; AUTHORIZING
THE CITY MANAGER TO SIGN TAX ABATEMENT AGREEMENTS WHEN
APPROVED BY THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND
A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, Chapter 312 of the Texas Tax Code (the "Property Redevelopment
and Tax Abatement Act") provides for the designation of a Reinvestment Zone or
area; and
WHEREAS, the City Council has, pursuant to Resolution No. R98-59,
established Guidelines and Criteria for Granting Tax Abatement; and
WHEREAS, a certain area of the City of Pearland meets the criteria and
guidelines heretofore established by the City Council required for designation as a
Reinvestment Zone; and
WHEREAS, the City Council, on April 24, 2000, held a public hearing on the
designation of a Reinvestment Zone and finds that the improvements sought are
feasible and practical and would be a benefit to the land to be included in the zone
and to the municipality after the expiration of an agreement under the Property
Redevelopment and Tax Abatement Act; now, therefore,
1
ORDINANCE NO. 966
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That pursuant to the Property Redevelopment and Tax Abatement
Act, the City Council of the City of Pearland, Texas, hereby designates as a
Reinvestment Zone the area described in Exhibit "A" attached hereto and made a part
hereof for all purposes, to be known as Reinvestment Zone #9.
Section 2. That the area described in Exhibit "A" is reasonably likely, as a result
of this designation, to contribute to the retention or expansion of primary employment,
or to attract major investment into the zone that would be a benefit to the property and
that would contribute to the economic development of the City, and that the
improvements sought are feasible and practical and would be a benefit to the land to
be included into the zone and to the municipality after the expiration of a Tax
Abatement Agreement as authorized by the Property Redevelopment and Tax
Abatement Act.
Section 3. That the designation of the Reinvestment Zone herein expires five
(5) years from the effective date of this ordinance and may be renewed by a
subsequent ordinance of the City Council for a period not to exceed an additional five
(5) years. That expiration of the original designation shall not affect an agreement
entered into under the provisions of this ordinance.
Section 4. That the City Council hereby authorizes agreements in writing with
the owner of any taxable real estate located within the designated Reinvestment Zone,
subject to the requirements and optional provisions of the Property Redevelopment
2
ORDINANCE NO. 966
and Tax Abatement Act and the conditions of the Guidelines and Criteria for Granting
Tax Abatement heretofore adopted by the City Council.
Section 5. That any agreement to be entered into under the provisions of this
ordinance must be approved by the affirmative vote of a majority of the members of
the City Council at a regularly scheduled meeting of the City Council. On approval by
the City Council, the agreement may be executed by the City Manager.
Section 6. Savings. All rights and remedies which have accrued in favor of
the City under this Ordinance shall be and are preserved for the benefit of the City.
Section 7. Severability. If any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise
unenforceable by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
Section 8. Codification. It is the intent of the City Council of the City of
Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's
official Code of Ordinances as provided hereinabove.
Section 9. Effective Date. This Ordinance shall become effective upon
passage and approval of its second reading.
PASSED and APPROVED ON FIRST READING this the 24th day of
April , A.D., 2000.
TOM REID
MAYOR
3
ORDINANCE NO. 966
ATTEST:
day of
PASSED and APPROVED ON SECOND AND FINAL READING this the 8th
May
ATTEST:
APPROVED AS TO FORM:
, A.D., 2000.
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
4
V(CVUi.i u LGL 1J, (1V,J
Chian, °"4-"'l
F.E.F. FAMILY LIMITED PARTNERSHIP
20.603 ACRE TRACT
STATE OF TEXAS §
COUNTY OF BRAZORIA §
EXHIBIT
4
FiELONOTE DESCRIPTION of a 20.603 acre tract of land in the M.T. & B.R.R. Co.
Survey, Abstract No. 232 in Brazoria County, Texas. Said tract is a part of Lots 55, 60,
66 and two un-numbered Lots in the W. Zychlinski Subdivision as recorded in Volume
29, Page 43 of the Brazoria County Deed Records and is further described as being
the remaining portion of a 28.82 acre tract described as 'Tract 4' in a deed to F.E.F.
Family Limited Partnership as recorded in Brazoria County Clerk's File No. 96-046033.
Said 20,603 acre tract is more particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod set at the point of intersection of the north line of
McHard Road (variable width right-of-way) with the east right-of-way line of Mykawa
Road (County Road 112, based on a width of 100-feet), said point bears North
02°38'49" East, 60.73 feet and North 87°21'11" East, 50.00 feet from the original
southwest comer of said Lot 55, same being the northwest comer of Lot 50;
THENCE, North 02°38'49" West, along the east fine of said Mykawa Road for a
distance of 2,791.70 feet to a 5/8-inch iron rod found for the north comer of the herein
described tract, said point being in the west line of the Atchison, Topeka and Santa Fe
Railroad right-of-way (based on a with of 100-feet);
THENCE, South 16°29'19" East, along the westerly line of said railroad right-of-way for
a distance of 2:673.36 feet to a 5/8"-inch iron rod set for the southeast comer of the
herein described tract. said point being in the aforementioned north line of McHard
Road;
THENCE, South 73°30'10" West, along the north line of said McHard Road for a
distance of 64.18 feet to a 5/8-inch iron rod set for comer,
THENCE, South 64°51'48" West, continuing along said north line for a distance of
366.98 feet to a 5/8-inch iron rod set for the point of curvature of a curve to the right;
THENCE, continuing along said north line and with said curve to the right having a
radius of 515.00 feet, a central angle of 22°26'28", (chord bears South 78°05'02" West,
200.42 feet) for an arc distance of 201.71 feet to a 5/8-inch iron rod set for the point of
tangency of said curve;
THENCE, South 87°18'16" West. continuing along said north line for a distance of
37.40 feet to the POINT OF BEGINNING. containing a computed area of 20.603 acres
(897,460 square feet). This area includes the acreage contained within the right-of-way
of the 40-foot wide roadway shown on the recorded map of W. Zychlinski's Subdivision
as recorded in Volume 29, Page 43 of the Brazoria County Deed Records.
NOTE: The bearings shown hereon are based on City of Pearland monuments using
NAD 83 horizontal control.
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas, 77581
281.485-3991
Job No. 98-111
April 28, 1999
Michae D. Wilson, R.P.L.S.
Registration No. 4821
THE STATE OF TEXAS
COUNTIES OF BRAZORIA,
FORT BEND, AND HARRIS
TAX ABATEMENT AGREEMENT
This Tax Abatement Agreement ("Agreement") is entered into by and between the City of
Pearland, Texas, a home rule city and Municipal Corporation of Brazoria, Fort Bend, and
Harris Counties, Texas, duly acting by and through its City Manager ("City"), and
Chemcentral Corporation, duly acting by and through Robert A. Black, its General Manager
("Chemcentral").
WITNESSETH:
WHEREAS, on the 8th day of May, 2000, the City Council of the City of Pearland, Texas,
passed Ordinance No. 966 establishing Reinvestment Zone #9 in the City of Pearland, Texas, for
general business tax abatement, as authorized by Chapter 312, Tax Code, V.A.T.S. as amended
("Code"); and
WHEREAS, the City has adopted Resolution No. R98-59, which established appropriate
guidelines and criteria for governing reinvestment zones and tax abatement agreements to be entered
into by the City as contemplated by the Code; and
WHEREAS, the City's objective is to maintain and/or enhance the general business economic
and employment base of the Pearland area for the long term interest and benefit of the City, in
accordance with Resolution No. R98-59 and the Code; and
WHEREAS, the contemplated use of the Premises, as hereinafter defined, the contemplated
improvements to the Premises in the amount as set forth in this Agreement and the other terms
hereof are consistent with encouraging development of said Reinvestment Zone in accordance with
the purposes for its creation and are in compliance with Resolution No. R98-59 and the guidelines
and criteria adopted by the City and all applicable law; and
WHEREAS, the Improvements as defined below constitute a major investment within the
Reinvestment Zone that will substantially increase the appraised value of property within the zone
and will contribute to the retention or expansion of primary and secondary employment within the
City; and
WHEREAS, there will be no substantial adverse affect on the provision of city services or
on its tax base and the planned use of the Premises will not constitute a hazard to public safety,
health, or welfare; now,
1
THEREFORE:
For and in consideration of the mutual agreements and obligations set forth below, the
sufficiency of which is hereby acknowledged by the parties hereto, Chemcentral and City mutually
agree as follows:
1. The property to be the subject of this Agreement shall be that property described by
metes and bounds and map attached hereto as Exhibit "A" ("Premises").
2. Construction of Chemcentral's improvements on the Premises, described in
Exhibit "B" ("Improvements") will cost approximately Ten Million Dollars ($10,000,000.00) and
is to be substantially complete on or about �,,,Ard , 206' ; provided, that
Chemcentral shall have such additional time to complete the Improvements as may be required in
the event of "force majeure" if Chemcentral is diligently and faithfully pursuing completion of the
Improvements. For this purpose, "force majeure" shall mean any contingency or cause beyond the
reasonable control of Chemcentral including, without limitation, acts of God or the public enemy,
war, riot, civil commotion, insurrection, governmental or de facto governmental action (unless
caused by acts or omissions of Chemcentral), fires, explosions or floods, and strikes. The date of
completion of the Improvements shall be defined as the date a Certificate of Occupancy is issued by
the City of Pearland. Additionally, Chemcentral anticipates Five Million Dollars ($5,000,000.00)
in fixed equipment.
3. Chemcentral agrees and covenants that it will diligently and faithfully, in a good and
workmanlike manner, pursue the completion of the Improvements as a good and valuable considera-
tion of this Agreement. Chemcentral further covenants and agrees that all construction of the
Improvements will be in accordance with all applicable state and local laws and regulations or valid
waiver thereof. In further consideration, Chemcentral shall thereafter, from the date a Certificate of
Occupancy is issued until the expiration of this Agreement, continuously operate and maintain the
Premises as Chemcentral, limiting the use of said Premises to that use which is consistent with the
terms of this Agreement and the general purpose of encouraging development or redevelopment of
the Reinvestment Zone during the period that the property tax exemptions evidenced herein are in
effect.
4. Chemcentral agrees and covenants that the Improvements shall provide approximately
42-46 jobs during the period of the abatement, beginning with 42 employees in 2002. Accordingly,
Chemcentral shall provide to the City annual manpower reports ( Exhibit "D") within sixty (60) days
following the end of each calendar year.
5. Subject to the terms and conditions of this Agreement, and subject to the rights and
holders of any outstanding bonds of the City, a portion of ad valorem property taxes assessed to the
Property and otherwise owed to the City shall be abated. City hereby acknowledges that it is not
2
aware of any terms or conditions of any outstanding bonds which would invalidate this Agreement.
Said abatement shall be an amount equal to fifty percent (50%) of the taxes assessed upon the
increased value of the Improvements and Fixed Equipment, annually for a period of seven (7) years
beginning January 1, 2001, and ending December 31, 2007, in accordance with the terms of this
Agreement and all applicable state and local regulations. The taxable value shall be determined on
a uniform and equal basis of assessment by the methods used by the Brazoria County Tax Appraisal
District, which information necessary for abatement shall be provided by Chemcentral to the chief
appraiser of said district. Estimated values, estimated abated values, and estimated base year values
for the Improvements are listed in Exhibit "C".
6. Chemcentral further agrees that the City, its agents and employees shall have the right
to enter upon the Premises at any reasonable time and to inspect the Improvements in order to
determine whether the construction of the Improvements is in accordance with this Agreement and
all applicable federal, state, and local laws, ordinances, and regulations or valid waiver thereof.
After completion of the Improvements, the City shall have the continuing right to enter upon and
inspect the Premises at any reasonable time, after 24 hours' notice has been given, to determine
whether the Premises are thereafter maintained and operated in accordance with this Agreement and
all applicable federal, state, and local law, ordinances, and regulations. In accordance with
Resolution No. R98-59, the City will conduct at least one inspection annually to ensure compliance.
Notwithstanding any other provision of this Agreement, if the City determines that a violation of a
federal, state, or local law, ordinance or regulation exists on the Premises, the City may, in addition
to any other authorized enforcement action, provide to Chemcentral written notice of such violation.
For the purposes of this Agreement, Chemcentral shall have ten (10) days from the date of the notice
to cure or remedy such violation. If Chemcentral fails or refuses to cure or remedy the violation
within the ten (10) day period, Chemcentral is subject to the forfeiture, at the discretion of the City,
of any right to any tax abatement for a portion of the period or the entire period covered by this
Agreement.
7. Chemcentral agrees and covenants that the information provided in the attached
Application for Tax Abatement (Exhibit "C") is true and correct and that any materially false or mis-
leading information that is provided to the applicable taxing jurisdictions may be grounds for
termination of the agreement with possible liability for recovery of abated taxes.
8. In the event that (1) the Improvements for which an abatement has been granted are
not completed in accordance with this Agreement; or (2) Chemcentral allows its ad valorem taxes
owed to the applicable taxing jurisdictions to become delinquent and fails to timely and properly
follow the legal procedures for protest and/or contest of any such ad valorem taxes; or
(3) Chemcentral breaches any of the terms or conditions of this Agreement, then this Agreement
shall be in default. In the event that Chemcentral defaults in its performance of (1), (2), or (3) above,
then the City shall give Chemcentral written notice of such default, which notice shall be delivered
by personal delivery or certified mail to: Robert A. Black, General Manager, 8425 Market Street,
Houston, Texas 77029. If Chemcentral has not cured such default within sixty (60) days of said
3
written notice, this Agreement may be modified or terminated by the City. Notwithstanding the
provisions set forth herein, this Agreement may be terminated at any time after the execution hereof
by agreement of both parties.
9. In the event that the facility is completed and begins producing product or service,
but subsequently discontinues producing product or service for any reason except fire, explosion or
other casualty or accident or natural disaster for a period of one year during the abatement period,
then this Agreement shall be in default and shall terminate. The abatement of taxes for the calendar
year during which the facility no longer produces shall also terminate.
10. As liquidated damages in the event of default and in accordance with
Section 312.205, Tax Code, V.A.T.S., as amended, all taxes which otherwise would have been paid
to the City without the benefit of abatement (but without the addition of penalty; interest will be
charged at the statutory rate for delinquent taxes as determined by Section 33.01 of the Tax Code)
will become a debt to the City and shall be due, owing and paid to the City within sixty (60) days
of the expiration of the cure period stated in paragraph 8 or the termination date stated in paragraph
9, whichever is applicable. The City shall have all remedies for the recapture and collection of the
lost tax revenue as provided generally in the Tax Code for the collection of delinquent property taxes
and in accordance with Resolution No. R98-59.
11. The City represents and warrants that the Premises does not include any property that
is owned by a member of its council or boards, agencies, commissions, or other governmental bodies
approving, or having responsibility for the approval of, this Agreement.
12. The terms and conditions of this Agreement are binding upon the successors and
assigns of all parties hereto. This Agreement may be transferred or assigned by Chemcentral only
upon written permission by the City in accordance with Resolution R98-59, which permission shall
not be unreasonably withheld. No assignment shall be approved if the assignor or assignee are
indebted to the City for ad valorem taxes or other obligations.
13. It is understood and agreed between the parties that Chemcentral, in performing its
obligations hereunder, is acting independently, and the City assumes no responsibilities or liabilities
in connection therewith to third parties.
14. CHEMCENTRAL RELEASES, ACQUITS, INDEMNIFIES, AND HOLDS
HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND
ASSIGNS, FROM ANY AND ALL KINDS OF CLAIMS, DEMANDS, LOSSES, DAMAGES,
INJURIES, RIGHTS, CAUSES OF ACTION, OR JUDGMENTS OF WHATSOEVER
CHARACTER OR NATURE, INCLUDING ATTORNEYS' FEES, WHICH MAY ARISE AS
A RESULT OF THIS AGREEMENT. THE PROVISIONS OF THIS SECTION REFLECT
THE EXPRESSED INTENTIONS OF CHEMCENTRAL AND THE CITY AND SHALL
SURVIVE THE TERMINATION, EXPIRATION, OR CANCELLATION OF THIS
AGREEMENT.
4
15. It is understood and agreed by the City and Chemcentral that if the Premises has been
designated and taxed as agricultural land pursuant to Chapter 23, Subchapter C, Tax Code, V.A.T.S.,
that this Agreement shall not be effective and no abatement granted until Chemcentral has removed
the agricultural use designation and all taxes due pursuant to Section 23.55, Tax Code, V.A.T.S., as
amended, (roll back taxes) have been paid.
16. This Agreement was authorized by Resolution of the City Council at its council
meeting on the 22' day of May, 2000, authorizing the City Manager to execute the Agreement on
behalf of the City.
17. This Agreement is entered i o by Chemcentral pursuant to authority granted by its
:,e 0f4/ on the day of , P'es° , whereby
General Manager, Robert A. Black, was authorized to execute this Agreement on behalf of
Chemcentral.
18. This shall constitute a valid and binding Agreement between the City and
Chemcentral when executed in accordance herewith.
19. This Agreement is performable in Brazoria County, Texas.
20. Chemcentral agrees and covenants to certify annually to the City, while this
Agreement is in effect, that Chemcentral is in compliance with each applicable term of this
Agreement.
Witness our hands this 3 day of c„A Q
ATTEST:
By:
CITY OF PEARLAND
oung en R. Erwin
ity S tary City Manager
APPROVED AS TO FORM:
By: Anew—-
Darrin M. Coker
City Attorney
5
ATTEST:
CHEMCENTRAL CORPORATION
C„1
By: 30.c < C:;) e.v b4cBy:
Printed Name:
Title: ,��cary
6
Robert A. Black
General Manager
THE STATE OF TEXAS
COUNTY OF BRAZORIA
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Glen R. Erwin, City Manager for the City of Pearland, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS t t DAY OF
J U.ne , A.D., 2000.
USA D. JONES
NOTARY PUBLIC - STATE OF TEXAS
MY COMMISSION EXPIRES
SEPTEMBER 21, 2003
THE STATE OF TEXAS §
COUNTY OF 'r-} p,,c r.‘5 §
Qs
NOTARY PUBLI, STAATE OF TEXAS
PrintedName: Li s a b. ?D nef
Commission Expires:
BEFORE ME, the undersigned Notary Public, on this day personally appeared
Robert A. Black, General Manager of Chemcentral Corporation, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS 3 cd
J , A.D., 2000.
o. c9a c a, o�
ARY PUBLIC
DAY OF
N , STATE OF TEXAS
Printed Name: J e,. cs,a,\ e_ Q u.e.5-e_tr es'c-y
My Commission Expires: e -c7& -07 OO O
7
JACKIE OUESENBERRY
Notary Public, State of Texas
My Commission Expires 8-22-2000
lokUbbii LLL1'b/HUU
IYU. f 1'J
F.E.F. FAMILY LIMITED PARTNERSHIP
20.603 ACRE TRACT
STATE OF TEXAS §
COUNTY OF BRAZORIA §
FIELDNOTE DESCRIPTION of a 20.603 acre tract of land in the M.T. & B.R.R. Co.
Survey, Abstract No. 232 in Brazoria County, Texas. Said tract is a part of Lots 55, 60,
66 and two un-numbered Lots in the W. Zychlinski Subdivision as recorded in Volume
29, Page 43 of the Brazoria County Deed Records and is further described as being
the remaining portion of a 28.82 acre tract described as 'Tract 4' in a deed to F.E.F.
Family Limited Partnership as recorded in Brazoria County Clerk's File No. 96-046033.
Said 20,603 acre tract is more particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod set at the point of intersection of the north line of
McHard Road (variable width right-of-way) with the east right-of-way line of Mykawa
Road (County Road 112, based on a width of 100-feet), said point bears North
02°38'49" East, 60.73 feet and North 87°21'11" East, 50.00 feet from the original
southwest comer of said Lot 55, same being the northwest comer of Lot 50;
THENCE, North 02°38'49" West, along the east line of said Mykawa Road for a
distance of 2,791.70 feet to a 5/8-inch iron rod found for the north comer of the herein
described tract, said point being in the west line of the Atchison, Topeka and Santa Fe
Railroad right-of-way (based on a with of 100-feet);
THENCE, South 16°29'19" East, along the westerly line of said railroad right-of-way for
a distance of 2,673.36 feet to a 5/8"-inch iron rod set for the southeast comer of the
herein described tract. said point being in the aforementioned north line of McHard
Road;
THENCE, South 73°3010" West, along the north line of said McHard Road for a
distance of 64.18 feet to a 5/8-inch iron rod set for comer,
THENCE, South 64°51'48" West, continuing along said north line for a distance of
366.98 Feet to a 5/8-inch iron rod set for the point of curvature of a curve to the right;
THENCE, continuing along said north line and with said curve to the right having a
radius of 515.00 feet, a central angle of 22°26128", (chord bears South 76°05'02" West,
200.42 feet) for an arc distance of 201.71 feet to a 5/8-inch iron rod set for the point of
tangency of said curve;
EXHIBIT
4; 19-M k kUtib 2k LLL15/HUU
IVU. (1'7 I �%
THENCE, South 87°18'16" West, continuing along said north line for a distance of
37.40 feet to the POINT OF BEGINNING, containing a computed area of 20.603 acres
(897,460 square feet). This area includes the acreage contained within the right-of-way
of the 40-foot wide roadway shown on the recorded map of W. Zychlinski's Subdivision
as recorded in Volume 29, Page 43 of the Brazoria County Deed Records.
NOTE: The bearings shown hereon are based on City of Pearland monuments using
NAD 83 horizontal control.
Walsh Surveying, Inc.
2006 E. Broadway, S-105
Pearland, Texas, 77581
281-485-3991
Job No. 98-111
April 28, 1999
Michae D. Wilson, R.P.L,S.
Registration No. 4821
Exhibit "B"
IMPROVEMENTS
The project will be the expansion of existing facilities for Chemcentral Corporation.
The Company expects to have 42-46 employees on site during the period of the abatement,
beginning with 42 employees in 2002. Tax abatement will be sought on all items allowed by law.
The improvements are expected to cost approximately $10,000,000.00. Additional fixed
equipment is expected to cost approximately $5,000,000.00.
.l" V' o k.u.ulto,uo i nni.. nhub t.uti
APPLICATION FOR TAX ABATEMENT IN THE CITY OF PEARLAND
LQJ U UL
It is recommended that this application be filed at least 90 days prior to the beginning of
construction of the installation of equipment. The filing of this document acknowledges
familiarity and conformance with Guidelines and Criteria for Granting Tax Abatement in a
Reinvestment Zone Created in the City of Pearland (attached). Please review btrtrucrionr
attached before executing this application. This application will become partof the Rgreemcnt
and any knowingly false representations will be grounds for the City to void the agreement.
Original copy of this request should be submitted to the City Manage,, City of Pearland, 3519
Liberty T)rive, Pearland, Texas 77581, Please attach exhibits if additional space is needed.
APPLICANT INFORMATION
Company Name _ CHEMCENTRAT,
Address
8425_lca.r.karts.t.
Cuuacoutivo years in business �g
.+__-•-•--««_..._ -__.._
Application Date .3.,L8/00 _
Number of Current Employees _38
Annual Sales _45 , rn; ] 1; on
Corporation (x) Partnership ( ) Proprietorship ( )
PROJECT INFORMATION
Type of facility; Manufaacturing ( )
(See 1lfstructiou,) Regional Service ( )
Reg. Distribution Center
Reg. Entertainment Center
Other Basic Industry
____11NMrr_�w_YP!•�_« _rr�1-_wr.�rrr i+,.rr_r__- _-_ _-_rrrw�Iw NY.ra
Location address and description of area to be
designated as reinvestment zone
(attach map showing site and legal description):
«_«r_.4•10YY
(x)
()
()
20 acres loated on the corner of Mykawa and
McHard Rd. overpass.
Description of eligible improvements (real property)
to be constructed: Chemical distribution plant with offices, 800,000 gallons of bulk
storagearaiL2a. aaang....s #'PC, r_ gth- dbe nrsur ana covered doe]
DvNiDtiption of incligble (taxable) property to be included in project
Includes Fixed Equipmatt:
The proposed reinvestment zone is located in:
City PAAr1 Anrt,
County _Au zori a
School District pear1and I S D
College District
Other Taxing Jurisdictions
Tax ID number
�T d
36-2108593
1
EXHIBIT
teC
�. 11L..111.1.i� 11\11L/ 11V UQ l.Vll
t_1UU$
Description of product or service to be provided (proposed use)!
Chemical distribution facility with bulk blending capabilities.
Project Description:
ATJ'ACli A STATEMENT explaining the general nature and extent of the project, describing
existing site and imptavi ments; describe all proposed improvements and provide list of
improvements and equipment for which abatement is requested. Include a proposed time schedule
for undertaking and completing the planned improvements as well as the company officials and
agents who will oversee the construction. Describe other sites that are under consideration.
NEW PLANT (x) EXPANSION () MODERNIZATION ( )
ECONOMIC IN FORMATION
A. Construction a timates
Commencement Date:
Construction Man Years:
Completion Date:
Peak Construction Jobs
J3-t1 [00 --
L1I? yPRt€—
early 2002
N A
B. Yepnauent Dmn1otiment Estimates (FTC's)
.an.
Jan.
IF MODERNIZI).TJON
Estimated Economic Lite of
F.xisting Plant:
Added Economic Life from
Modernization;
Current Employment , 38
Current Annual Payroll $ 1.6 million
Number ofjobs retained ( 38 ) created ( 4 )
at start/openittg 42 in ye 'Lcim.
5 years into operation 46 — in year 2007
C.
19 2002
19 2007
,19
Local Transfer
4 38
— 8- _ 3.
Outer_ sti ated Taxes Generated Projgi
. Years
Years
Total Est. Salaries
42
46
(1) Sales Taxes: 20 02 ; $ 7, 500
20 00 : $ 8,000
8, 500
:
20 06 : $ 1_549
2007 : $10,000
20 : $� n ;pa
2009 : $.1,000
2010 $11,500
20 11 : $ 12,000
.$1.5 million
i_a million
Z. vi vv ii. ry •a•_. .yv vIV v601
,..nnm‘,n.r lima./ nuua 4 V11 „ „
(2) Other Taxes (Identify);
D. Estimated Appraised Value on Site
I, Total of pre-existing value
(Jan 1, preceding Abatement)
Land
Trlldin' cg.
Fixed Equip.
Bus. Personal
Property &
Inventory
$ 700,000 0 0
YI.. Estimated value of NEW land added 0 . 0 — 0
Estimated value of N bW improvements x $ 10 mi 11 i on _ x
Estimated value of NEW fixed equipment x 1 5 mi 11 i nn —__x
Estimated value of NEW personal x x
property & inventory added $ 4.5 million
Total of NEW value added c _ __$_ 15 million $ 4.5 million
(Total Mums in Soc. 11 above)
VIM
in. Total value al end of Tax Abatement
(Total Part J & 11) v
too. ono 115 ThiniaLt. $ 14.5 milli -eft
TAX ABATEMENT REQUESTED
50 % of eligible property for a term of _ 7 years.
( ) Requesting Staggered Tax Abatement Terms
VARIANCE
is the applicant seeking a variance under Section 3(1)
of the Guidelines?
If "YES" attach required supplementary information.
OTHER ABATEMENTS: Has company made application
for abatement of thin project by another taxing
jurisdiction or nearby counties?
If "YES" provide dates of application, hew iug dates,
if held or scheduled, name of jurisdiction and
contacts, and letters of intent.
YhS() NO(
YES () NO ( )
+vi• ur�/ _ V111:J1\Jlir 11\.1L! 11VUS 1. Vl1
COMPANY REPRESENTATIVE TO BE CONTACT I'ED
Name: Robert A. Black
Title: General
Address'
Telephone:
8425 Market St.
Houston,TX
C713)675-542
Authorized Company Official:.
By
Printed Name~
Title:
V!/ 10VV 11.L. 1' A.1 I£) VIV JLJ/ VIIL:.111v1JiV 11\13.l4/11VLLA1+V11
`Y:I V V V
INSTRUCTIONS
Applicants and projects must meet the requirements established by the City of PearIand
Guidelines and Criteria for Granting Tax Abatement in a Reinvestment Zone found in Resolution
No. R96-12 (attached) in order to receive positive consideration_ Section 2 of the Guidelines, for
example, sets out regulations governing eligible facilities, eligible and ineligible improvements,
terms and economic qualifications. Conformance with all sections, however, is required for
eligibility.
APPLICANT INFORMATION
The taxing unit may consider applicant financial capacity in determining whether to enter
into an abatement agreement. Established companies for which public information is available, or
the wholly owned businesses of such companies, should include with the application a copy of
their latest annual report to stockholders. Other applicants and new companies should attach a
statement showing when the company was established, business references (name, contact and
telephone number of principal bank, accountant and attorney) and may be required to submit an
audited financial statement and business plan.
PROJECT INFORMATION
Only facilities listed in Section 2(a) of the Guidelines may receive abatement without
applying for a variance. Check guideline definitions in Section 1 to see if project gnalifies. If
project is a Regional Entertainment Facility, Regional Service Facility, Regional Distribution
Center Facility or Other Basic Industry, the application should include market studies, business
plans, agreements or other materials demonstrating that the facility is intended to serve a market
the majority of which is outside of the City of Pearland region_
ECONOMIC INFORMATION
Permanent Emnloyment Estimates - In estimating the permanent employment, include the total
number of jobs retained or created at this site by your firm as well as known permanent jobs of
service contractors required for operation.
Estimated Appraised Value on Site - The value as of January 1 immediately preceding abatement
should be the value established by the Brazoria County Appraisal District. Tithe applicant must
estimate value because the taxable value is not known or is combined with other properties under
a single tax account, please so state. To qualify, the abated properties must be expected to result
in an addition to the tax base of at least two million dollars after the period of abatement expires.
Projections of value should be a "best estimate" based on taxability in Texas. The projection of
project values not abated should include personal property and ineligible project -related
improvements such as office space in excess of that used for plant administration, housing, etc.
�.11LLA1VDiVlAAL� iUU.11. U11
41007
PROJECT DESCRIPTION
The project will be the construction of a new manufacturing facility that will also include our sales
and engineering staff We expect to have approximately 150-160 employees on site. We expect
the project will require the construction of a building of approximately 70,000 square feet at a
cost of approximately $2.6-$2.8 million. It is anticipated that fixed manufacturing equipment of
approximately $1,500,000 will be included in the project. Tax abatement will be sought on all
items allowed by law.
EXAMPLE TIME SCHEDULE
September - Dec 31, 2000
January 1 - Jan 30, 2001
February 1-February 28, 2001
March 1 - March 30, 2001
April 1-November 15, 2001
November 16 - December 25, 2001
December 30, 2001
Legal work, conceptual phase, contractor selection
Wetlands study, 1' phase architecture, soils engineering,
topographical mapping, detention pond engineering
Architectural drawings, final engineering, permits and
applications
Bids and initial site work
Construction
Move -in, start up
Completion
DO NOT WRITE IN THIS AREA — FOR PROCESSING PURPOSES ONLY
1. EDC contact
2. Precinct
3. Jurisdictions notified / /
4. Initial review completed / /
5. Review circulated i _ /
6. ISD concurrence?
7. College concurrence?
8. City concurrence?
9. Letter of Intent / /
10. Hearing noticed on agenda / /
11. Public hearing / /
12. ISD action / /
13. College action / /
14. City action / /
15. Agreement signed 1 /
I,
that on
EXHIBIT "D"
MANPOWER REPORT
ofChemcentral Corporation, do certify
Chemcentral Corporation.
Date:
THE STATE OF TEXAS §
COUNTY OF 1--10,�
, 20 there were 'tot- individuals employed full time at
Printed Name:
Title: 6 f p/,4 r f er
‘pf7L,4 4d
BEFORE ME, the undersigned Notary Public, on this day personally appeared
rl obec-E W, lack , C91eawartv coma.,ser ofChemcentral Corporation, being by me
duly sworn on his/her oath deposed and said that he/she is duly qualified and authorized in all
respects to make this affidavit; and that every statement contained in the Manpower Report is within
his/her knowledge and true and correct.
SUBSCRIBED AND SWORN TO BEFORE ME on the 3rd day of 3 line_
02000 , to certify which witness my hand and official seal.
jar -Skis, cam%
TARY PUBLIC,
c
STATE OF TE S
Printed Name: u.es e.trbe,s c �(
My Commission Expires: -07 07 - o' 006
JACKIE OUESENBERRY
Notary Public, State otTexas
My Commission Expires 8-22-2000