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Home My WebLink AboutResolution No. 80-13 , .� RESOLUTION P10. l3 -�r A RESOLUTION APPROVING AND AUTHORIZIP�G T�IE MAYOR TO EXECUTE AND THE CITY SECRETARY TO ATTEST, ON BEHALF OF TH� CYTY or FRIENDSWOOD, TWO AGRLEMENTS GUARANTEE- ING THE CONTINI:lATION OF THE EXTRATERRITORIAL STATUS OF FRIENDSWOOD INDUSTRIAL DISTRICT N0, l , AS ESTA$LISH- FD IN CITY OF FRIENDSWOOD RESOLUTIOPJ N0. 76-13 , PASSED AND APPROVED ON NOVEMBER 29 , 1976 . � ., ;; ;: BE IT RESOLVED BY THE CITY COUNCIL OF Tt1E CITY OF FRIENDSWOOD, STATE OF TEXAS : Section 1 . The Mayor is hereby authorized to execute and the City Secretary is hereby authorized to attest , for and in behalf of the City of Friendswood, that certain agreement between the City of Friendswood and Exxon Corporation, a copy of which is attached hereta as Exhibit "A" and for all things made a part hereof. , Section 2 . The Mayor is hereby authorized to execute and the City Secretary is hereby authorized to attest , for and in behalt of the City of Friendswood, that certain agreement between the City of Friendswood and awners of real property located witiiin Friendswo�d Industrial District No. 1 , � copy of which is attached hereto as Exhibit "B" and for all things made a part hereof. PASSED, APPkOVED, AP1D ADOPTED tl-�i�; 15th dr�,,� <.7f September , 1,980 . --�'�+�L�� --- ---- — � – i��ia;�c�r � ��.1'1'I:.`_;T : w �L__��'"�'f ------ City Secretary APPROVED AS TO FOf:21: � C ' y Attorney ------- --- TFiE STATE OF TEXAS § � COUNTY OF HARRIS � AGREEMENT � WHEREAS on the 29th day of November, 1976, Exxon Corporation ("Exxon") , the City of Friendswood ("City") , and various other owners entered into an agreement entitled "Industrial District Agreement Friendswood Industrial District No. 1" (the "Agreement") ; and WHEREAS it is proposed that the Agreement be extended for an additional two years under the same terms and conditions, and City has indicated its willingness to enter into such an extension agreement (the "Extension Agreement") provided the total amount of all payments due under such Agreement as extendec� for each tax year of the extension period equals at least $300,000. NC)W TF�REFORE in order to induce City to approve and execute the Extension Agreement, Exxon and City hereby agree as follaws: 1. Exxon, solely on its own }aehalf, agrees that for each tax year of the two year term of the Extension Agreement, namely tax years 1981 and 1982, it will, and hereby agrees to pay to the City the difference, if any, between the total amount of all payments due to the City under the Agreement as extended for such tax year and $300,000 in the event the total amount of all such payments due under the Extension Agreement should not aggregate the sum of $300,000 for such tax year. 2. City hereby agrees to execute the Extension Agreement. Executed on the dates given below but as of the effective date of said Extension Agreement. CITY OF FRIE�iL�SWl70D �� f �� ) BY �'c,.E', �� •�,t� Dale Vvfiittenburg, I�ayor of e City of Friendswood, Texas Date Signed: �'��d' �`v Approved as to Form �, � E BY �-' ,�`�r" tiw. Ci�y ttorney Ci of Friendswood, Texas ATTEST: f� 7 f BY „ � �„�- ��".-`�.t City Secretary j City of Friendsw�ood, Texas EXXON CQRPORATION BY J�p`'�i ,� />i�.c�<i_ Agent and Attorney-in Fact T �k..��-- Date S igned: �' /6 ` �O STATE OF TEXAS § � COUNTY OF HARRIS § EXTENSION OF INDUSTRIAL DISTRICT AGREEMENT FRIENDSWOOD INDUSTRIAL DISTRICT NO. 1 WHEREAS on the 29th day of November, 1976, Exxon Corporation, the City of Friendswood , and various other owners entered into an agreement entitled Industrial District Agreement Friendswood Industrial District No. 1, whereby it was agreed that certain lands within the extraterritorial jurisdiction of the City of Friendswood (described in Exhibit "A" of said agreement) would retain their extraterritorial status as an industrial district as described in Resolution No. 76-13 passed by the City Council of the City of Friendswood on the 29th day of November, 1976, and whereby for the consideration provided in said agreement it was agreed that such industrial district would be immune from annexation by the City of Friendswood during the term of said agreement; and, WHEREAS said Industrial District Agreement provides by its terms that it shall expire on the 15th day of September , 1980 , unless extended for an additional period or periods of time upon mutual consent of the parties; and, WHEREAS the parties hereto mutually agree that said Industrial District Agreement should be extended for an additional period of two years, NOW THEREFORE in consideration of the mutual covenants herein provided it is hereby agreed by the undersigned parties as follows: 1 . THAT the Industrial District Agreement-Friendswood Industrial District No. 1 shall be continued and extended for an additional two year period from and after the 15th day of September, 1980. Said agreement, as amended and extended hereby, shall in all things be construed the same as if it had covered the tax years 1977 to 1982 , inclusive, as originally written and not merely the tax � years 1977 to 1980, inclusive. 2 . THAT said agreement shall extend for a term beginning at 11: 59 p.m. Central Standard Time on the first day of December, 1976, and continue thereafter until 11: 59 p.m. Central Daylight Savings Time on the 15th day of September, 1982 , unless extended by an additional period or periods of time as provided by the Texas Municipal Annexation Act upon mutual consent of the parties, pro- vided, however, that in the event this agreement is not so extended for an additional period or periods of time on or before the ex- piration date hereof, then notwithstanding any provision herein to the contrary, the obligations of all parties hereto which have not theretofore accrued shall terminate at the expiration of this agreement, including, but not limited to, the agreement of the City of Friendswood not to annex property of Owners within said District No. 1 . 3 . THAT an owner of property rights located within District No. 1 may become a party to this Extension Agreement by signing the original of this instrument, a counterpart thereof, or other instru- ment agreeing to become a party hereto. The signing of any such instrument shall have the same effect as if all parties had signed the same instrument. The failure of any one or more persons owning an interest in and to the lands within District No. l, or any part thereof, to sign this instrument or any counterpart thereof shall not in any manner affect the validity and binding effect of same as to the parties who executed same. 4 . THAT this agreement shall inure to the benefit of and be binding upon the City and the property owners who are signatory hereto, and each of them, and their respective heirs, devisees, legal representatives , assignees, successors , affiliates , and subsidiaries , and shall remain in force whether such owners, or any of them, sell, assign or in any manner dispose of, either volun- tarily or by operation of law, all or any part of their property -2-- within District No. 1 , and this agreement shall be held to be a covenant running with the land as to all land lying within District � No. 1 for so long as said agreement, as amended and extended hereby, or any further extension hereof, remains in force. IN WITNESS WHEREOF , the parties hereto have executed this instrument on the dates below their respective signatures , but effective as of 11: 59 p.m. Central Daylight Savings Time on the 15th day of September, 1980. CITY OF FRIENDSWOOD _ � �. .! � �-�C./C,,� ,�. ��C<.Ca Dale Whittenburg, Mayor o the City of Friendswood, Texas Date S igned: � �'6'�� a Approved as to Form f . � By % C t Attorney Ci of Friendswood, Texas ATTEST: r �- By � � �� ,. � ; , City Secretary City of Friendswood, Tex s EXXON CORPORATION BY_ /'�� i4�,�2�-v� �..- Agent and Attorney-in-Fact � �-=�'� Date Signed: �— �� --�0 Date Signed: Date Signed: Date Signed: OWNERS -3-