Ordinance No. 8,406980924 -3
ORDINANCE NO. 8406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A TAX ABATEMENT AGREEMENT FOR CERTAIN TAXABLE
PROPERTY LOCATED WITHIN THE BAYTOWN ASPHALT MATERIALS
REINVESTMENT ZONE WITH HOUSTON SHELL AND CONCRETE COMPANY AND
BAYTOWN ASPHALT MATERIALS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
************************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
WHEREAS, the City Council of the City of Baytown has established through Resolution No. 1327
guidelines and criteria governing tax abatement agreements by the City of Baytown in a reinvestment zone; and
WHEREAS, the City Council of the City of Baytown through Resolution No. 1327 has elected to
participate in tax abatements; and
WHEREAS, Resolution No 1327 provides for the availability of tax abatements for both new facilities
and structures and for the expansion or modernization of existing facilities and structures; and
WHEREAS, the City Council of the City of Baytown finds that the terms of the agreement and the
property subject to the tax abatement agreement with Houston Shell and Concrete Company, and Baytown
Asphalt Materials, Inc., meet the applicable guidelines and criteria adopted by the City of Baytown; and
WHEREAS, the City Council of the City of Baytown finds that entering into the proposed agreement will
not result in a substantial adverse affect on the provision of the City's services or tax base and that the planned
use of the property will not constitute a hazard to public safety, health or morals; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the
Mayor and City Clerk of the City of Baytown to execute and attest to a Tax Abatement Agreement for certain
taxable property within the Baytown Asphalt Materials Reinvestment Zone with Houston Shell and Concrete
Company, and Baytown Asphalt Materials, Inc. A copy of said agreement is attached hereto, marked Exhibit "A,"
and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown
this the 24th day of September, 1998.
PETE C. ALFAROPN4ayor
ATTEST:
EEN P. HALL; ity Clerk
APPROVED AS TO FORM:
eq-16-0x� R4�s� 2w
ACIO RAMIR Z, SR., it Attorney
c:klh 1091 Counci1\0rdinance \TaxAbatementAgree men1. Baytown Asphalt. Ord inance
•
City. Of Baytown
Tax Abatement Agreement for Certain Taxable Property
located in the
Baytown Asphalt Materials Reinvestment Zone
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Tax Abatement Agreement ( "Agreement ") is made and entered into by and between
City of Baytown, Texas ( "City "), and Houston Shell and Concrete Company, a Texas corporation
( "Owner "), the owner of taxable property in Harris County, Texas, and Baytown Asphalt Materials,
Inc., a Texas corporation ( "Lessee "), the lessee of taxable property in Harris County, Texas, located
in Baytown Asphalt Materials Reinvestment Zone ( "Reinvestment Zone ").
I
Authorization
This Agreement is authorized by the Texas Property Redevelopment and Tax Abatement Act
and Ordinance No. 8384 of the City Council of the City of Baytown, Texas, providing for the
designation of the Reinvestment Zone.
I
Definitions
For the purpose of this Agreement, the definitions set forth in Resolution No. 1327 of the
City Council of the City of Baytown, Texas, which is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes, shall govern unless it is apparent from the context
that the term as used herein has a different meaning or unless such word is specifically defined in
this article. All other words shall be given their common, ordinary meanings, as the context may
reasonably suggest.
a. Abatement means the full or partial exemption from ad valorem taxes of certain
property in the Reinvestment Zone designated for economic development purposes.
b. Base Year Value means the appraised value of the property within the Reinvestment
Zone as certified by the Harris County Appraisal District as of January I preceding
the execution of this Agreement plus the agreed upon value of eligible property
improvements made after January 1 but before the execution of the Agreement.
Tax Abatement Agreement, Page I
EXHIBIT A
r.
C. Construction Phase means a material and substantial improvement of the property
which represents a separate and distinct construction operation undertaken for the
purpose of erecting the Improvements. The period of Construction Phase ends when
commercial production of "on specification" product is achieved at the New Facility
as hereinafter defined.
d. Eligible Property means the buildings, structures, fixed machinery, equipment and
process units, site improvements, and that office space and related fixed
improvements necessary to the operation and administration of the New Facility as
hereinafter defined.
e. Improvements means the buildings or portions thereof and other improvements,
including fixed machinery, equipment and process units, used for commercial or
industrial purposes that are erected by the Lessee on the property after the execution
of this Agreement.
f. Ineligible Property means land, inventories, supplies, tools, furnishings and other
forms of movable personal property, vehicles, vessels, aircraft, housing, hotel
accommodations, deferred maintenance investments, improvements for the
generation or transmission of electrical energy not wholly consumed by a new
facility or expansion, any Improvements, including those to produce, store, or
distribute natural gas, fluids, or gases which are not integral to the operation of the
facility, and property that has an economic life of less than fifteen (15) years, and any
property owned or used by the State of Texas or its political subdivisions or any
organization owned, operated, or directed by a political subdivision of the State of
Texas.
g. New Eligible Property means Eligible Property, the construction of which
commences subsequent to the date of execution of this Agreement. A list of the New
Eligible Property is set forth in Lessee's Application for Tax Abatement in the City
of Baytown, which is attached hereto as Exhibit "13" and incorporated herein for all
intents and purposes. During the Construction Phase of the New Eligible Property,
the Lessee may make such change orders to the New Eligible Property as are
reasonably necessary to accomplish its intended use.
III
Property
The Reinvestment Zone is an area within Harris County, Texas, more fully described in
Exhibit "C," which is attached hereto and made a part hereof for all intents and purposes. The
property subject to this Agreement is located within such zone and more fully described in Exhibit
"B," attached hereto and made a part hereof.
Tax Abatement Agreement, Pale 2
s
The Harris County Appraisal District has established the following preliminary values for
the subject property as of January 1, 1998:
Account No. 0410250030006
Land
Existing Improvements
Leasehold Improvements
Value
$ 125,840.00
137,940.00
0.00
As such, the above - referenced values or the values hereinafter established by the Harris County
Appraisal District shall be the Base Year Values for purposes of this Agreement.
IV
Value and Term of Agreement
Abatement on the Improvements shall be permitted only for the additional value of Eligible
Property as defined in Section 2 of the Guidelines and Criteria and as specifically listed in Exhibit
"A." This abatement shall be granted effective January 1, immediately following the date of
execution of this Agreement (the "Effective Date of Abatement "). The portion of eligible property
value to be abated shall be in accordance with the following schedule:
The construction phase shall continue for one year or when the construction of the facilities are
complete and commercial production of hot mixed asphalt concrete material is achieved at the
facility, whichever is earlier. If the period of construction extends beyond one year from the
Effective Date of abatement, the facility shall be considered completed for purposes of abatement
and in no case shall be Abatement Period inclusive of construction and completion exceed four years
from the Effective Date of Abatement. The abated value shall be the value of eligible property as
defined in Section 2 of the Guidelines and Criteria less the value of any existing property as defined
in Section 2 of the Guidelines and Criteria.
Tax Abatement Agreement, Page 3
Abatement
1
100%
Construction Phase
2
1st Year after
100%
Construction Phase
3
2nd Year after
75%
Construction Phase
4
3rd Year After
50%
Construction Phase
The construction phase shall continue for one year or when the construction of the facilities are
complete and commercial production of hot mixed asphalt concrete material is achieved at the
facility, whichever is earlier. If the period of construction extends beyond one year from the
Effective Date of abatement, the facility shall be considered completed for purposes of abatement
and in no case shall be Abatement Period inclusive of construction and completion exceed four years
from the Effective Date of Abatement. The abated value shall be the value of eligible property as
defined in Section 2 of the Guidelines and Criteria less the value of any existing property as defined
in Section 2 of the Guidelines and Criteria.
Tax Abatement Agreement, Page 3
® V
Taxability
During the period that a tax abatement is effective, taxes shall be payable as follows:
(1) The value of Ineligible Property shall be fully taxable;
(2) The Base Year Value of existing Eligible Property, as determined each year,
shall be fully taxable; and
(3) The additional value of New Eligible Property shall be taxable in the manner
as described in Section 2(g) of the Guidelines and Criteria and in accordance
with Article IV of this Agreement. The estimated value of the Improvements
to be abated pursuant to the Agreement is $2,000,000.00.
The City shall enter into only one tax abatement agreement for the Improvements described
in this Agreement during the existence of the Reinvestment Zone as designated by Ordinance No.
8384.
VI
Contemplated Improvements
As set forth in the Application, attached as Exhibit "B," the Lessee represents that it will
construct a hot mixed asphalt concrete material facility that it reasonably expects will cost
approximately $2,000,000.00, which shall be used for commercial or industrial purposes ( "New
Facility ").
It is contemplated that this construction project gill result in the creation of 25 jobs and an
average of ten construction jobs during the construction phase of the New Facility. The project is
not expected to solely transfer or primarily have the effect of transferring employment from one part
of Baytown to another.
The New Facility as well as any other improvements on the property within the
Reinvestment Zone shall be completed in accordance with all applicable laws, ordinances, rules or
regulations, including the City's zoning ordinance. The New Facility is expected to initiate or
further the active conduct of a trade or business within the Reinvestment Zone.
The Lessee further agrees that construction of the improvements will begin on or before
November 1, 1998, with completion on or before January 31, 1999.
Tarr Abatement Agreement, Pale 4
vII
Event of Default
During the abatement period covered by this Agreement, the City may declare a default
hereunder by the Owner and the Lessee if the Lessee fails to commence construction of the New
Facility described in Part VI above and the Application attached hereto as Exhibit "B" on or before
November 1, 1998, fails to complete construction on or before January 31, 1999, fails to construct
the New Facility described in Part VI above, refuses or neglects to comply with any of the terms of
this Agreement, or makes any representation pursuant to this Agreement which is false or misleading
in any material respect.
Should the City determine the Owner and Lessee to be in default of this Agreement or in any
respect, except for the failure to timely commence construction or pay taxes when due, the City shall
notify the Owner and Lessee in writing prior to the end of the abatement period, and if such default
is not cured within sixty (60) days from the date of such notice ( "Cure Period "), then this Agreement
may be terminated; provided, however, that in the case of a default that, for causes beyond Owner's
or Lessee's reasonable control, cannot with due diligence be cured within such sixty (60) day period,
the Cure Period may be extended, at the sole discretion of the City, if the Owner or Lessee (i)
immediately, upon the receipt of such notice, advises the City of Owner's or Lessee's intention to
institute all steps necessary to cure such default and (ii) institutes and thereafter prosecute to
completion with reasonable dispatch all steps necessary to cure same.
If the default is caused by the Owner or Lessee's failure to commence the project described
in Exhibit "B" within the above - referenced time frame, this Agreement will terminate automatically
with no further notice to the Owner or Lessee or opportunity to cure the default being necessary. If
this Agreement is automatically terminated, all taxes previously abated by virtue of this Agreement,
if any, will be recaptured and paid within 30 days of the automatic termination.
In the event that Owner or Lessee allows its ad valorem taxes owed the City to become
delinquent and fails to timely and properly follow the legal procedures for their protest and/or
contest, or if the Owner or Lessee violates any of the terms and conditions of this Agreement and
fails to cure during the Cure Period, this Agreement may then be terminated and all taxes previously
abated by virtue of this Agreement will be recaptured and paid within 30 days of the termination.
In the event the New Facility is completed and begins producing product or service, but
subsequently discontinues producing product or service for any reason excepting fire, explosion nor
other casualty, accident or actual disaster, for a period of one -year during the abatement period, then
this Agreement shall terminated. In the event of termination pursuant to the provisions of this
paragraph, the abatement of taxes and payments for the calendar year during which the facility no
longer produces shall terminate, but there shall be no recapture of prior years' taxes and payments
abated by virtue of this Agreement. The taxes and payments otherwise abated for the calendar year
during which the facility no longer produces shall be paid to the City prior to the delinquency date
® for such year.
Tax Abatement A�reement, P<iZI ge 5
Any and all recaptured taxes not paid within the 30 -day periods prescribed hereinabove shall
accrue interest and penalties as set forth in the applicable provisions of the Texas Tax Code as if the
same were never subject to abatement.
VIII
Administration
This Agreement shall be administered on behalf of the City by the City Manager or his
designee pursuant to the direction of the City Council. The Owner and Lessee shall allow employees
and/or representatives of the City who have been designated by the City Manager to have access to
this facility during the term of this Agreement to inspect the facility to determine compliance with
the terms and conditions of this Agreement. All inspections required herein will be made only after
giving of twenty -four (24) hours' prior notice and will only be conducted in such manner as to not
unreasonably interfere with the construction and/or operation of the facility. All inspections required
herein will be made with one or more representatives of the Owner or Lessee and in accordance with
Lessee's safety standards.
Upon completion of the contemplated construction, the City Manager or his designee shall
annually evaluate the facility to ensure compliance with the terms and provisions of this Agreement
and shall report possible defaults to the City Council and the City Attorney.
The Chief Appraiser of the Harris County Appraisal District shall annually determine (i) the
taxable value pursuant to the terms of this abatement of the real and personal property comprising
this Reinvestment Zone and (ii) the full taxable value without abatement of the real and personal
property comprising this Reinvestment Zone. The Chief Appraiser shall record both the abated
taxable value and the full taxable value in the appraisal records. The full taxable value figure listed
in the appraisal records shall be used to compute the amount of abated taxes that are required to be
recaptured and paid in the event this Agreement is terminated in a manner that results in recapture.
Each year the Owner and Lessee shall furnish the Chief Appraiser with such information outlined
in Chapter 22 of the Texas Tax Code, as may be necessary for the administration of the abatement
specified herein.
If the City terminates this Agreement, it shall, when required, provide Owner and Lessee
written notice of such termination. If Owner or Lessee believes that such termination was improper,
Owner or Lessee may file suit in the Harris County District Courts appealing such termination within
sixty (60) days after receipt from the City of written notice of the termination. If an appeal suit is
filed, Owner and Lessee shall remit to the City, within sixty (60) days after receipt of the notice of
termination, any additional and /or recaptured taxes as may be payable during the pendency of the
litigation pursuant to the payment provisions of Section 42.08 of the Texas. Tax Code. If the final
determination of the appeal increases Owner's and /or Lessee's tax liability above the amount of tax
paid, Owner and /or Lessee shall remit the additional tax to the City pursuant to Section 42.42 of the
Texas Tax Code. If the final determination of the appeal decreases Owner's and /or Lessee's tax
liability, the City shall refund to Owner and /or Lessee, as appropriate, the difference between the
Tax Abatement Agreement, Page.6
amount of tax paid and the amount of tax for which Owner and /or Lessee is liable pursuant to
Section 42.43 of the Tax Code.
IX
Assignment
The Owner and Lessee may assign their respective rights and obligations under this
Agreement to a new owner or lessee of the facility with the written consent of the City Council,
which consent shall not be unreasonably withheld. Any assignment shall provide that the assignee
shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the
same terms and conditions as set out in this Agreement. Any assignment of this Agreement shall
be to an entity that contemplates the same improvements to the property, except to the extent such
improvements have been completed. No assignment shall be approved if the assignor or the assignee
is indebted to the City for delinquent ad valorem taxes or other obligations.
X
Notice
Any notice required to be given under the provisions of this Agreement shall be in writing
and shall be duly served when (1) it is personally delivered or (ii) it is deposited, enclosed in a
wrapper with the proper postage prepaid thereon, and duly registered or certified, return receipt
requested, in a United States post office, addressed to the City or the Owner and Lessee at the
following addresses. If mailed, any notice or communication shall be deemed to be received three
days after the date of deposit in the United States mail. Unless otherwise provided in this
Agreement, all notices shall be delivered to the following addresses:
Owner: Houston Shell and Concrete Company
P.O. Box 348
Houston TX 77001 -0348
Attention: President
Lessee: Baytown Asphalt Materials, Inc.
P.O. Box 570
Baytown, TX 77522
Attention: Glenn Angel, President
City: City of Baytown
P. 0. Box 424
Baytown, Texas 77522 -0424
0 Attention: Bobby Rountree, City Manager
Tax Abatement A,reement, Pale 7
• Either party may designate a different address by giving the other party ten (10) days' written
notice.
XI
Non - Waiver
Failure of the city to insist on the strict performance of any of the agreements herein or to
exercise any rights or remedies accruing thereurider upon default or failure of performance shall not
be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict
compliance with any other obligation hereunder to exercise any right or remedy occurring as a result
of any future default or failure of performance.
XII
Venue
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas, regardless of the place of its execution or performance.
The place of making and the place of performance for all purposes shall be Baytown, Harris County,
Texas.
XIII
Severability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
XIV
Date
The City executes this Agreement by and through the City Manager, acting pursuant to
Ordinance No. S4 of the City of Baytown, and the effective date of this Agreement is the �,�
day of �, , 1998, the date this Agreement is signed by the City Manager.
This Agreement has been executed by the parties in multiple originals, each having full force
and effect.
ATTEST:
R_6��oA
EILEEN P. HALL, City Clerk
I
Tax Abatement Agreement, Page 8
CITY OF BAYTO`VN
BOBBY KOUNITUE, City Manager
•
PAT STRADER, Assistant Secretary
ATTEST:
HOUSTON SHELL AND CONCRETE
COMPANY
TERR SSONG, Vice sident and
Gen Manager
BAYTOWN ASPHALT MATERIALS,
INC.
GLENN ANGEL, Pr ,5oKent
c:kIh i 071ContraetslTaxAbatemcntAgrecmcatsU 3ap townAsphaltN4.i terials%, raxAbalcmentAgrccmcnt4A aytownAsphaltMaterials.Cican
Tax Abatement Agreement, Page 9
RESOLUTION NO. 1327
A RESOLUTION OF THE C1TY COUNCIL OF THE CITY OF BATYOWN,
10 TEXAS, REVIEWING THE FORMER GUIDELINES AND CRITERIA FOR
GRANTNG TAX ABATEMENT IN A REINVESTMENT ZONE CREATED
IN HARRIS COUNTY OR CHAMBERS COUNTY; ADOPTING SUCH
GUIDELINES AND CRITERIA AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
WHEREAS, the creation and retention of job-opportunities that bring new wealth is a
high civil priority of the'City of Baytown; and
WHEREAS, new jobs and investment will benefit the area's economy, provide needed
opportunities, strengthen the real estate market and generate tax revenue to support local
services; and
WHEREAS, the communities within Harris and Chambers Counties must compete with
other localities across the nation currently offering tax inducements to attract new plants and
modernization projects; and
WHEREAS, any tax incentives offered in the City of Baytown and Harris and Chambers
Counties reduce needed tax revenue unless strictly limited in application to those new and
existing industries that bring new wealth to the community; and
WHEREAS, any tax incentives should not adversely affect the competitive position of
existing companies operating in the City of Baytown and Harris and Chambers Counties; and
WHEREAS, the abatement of property taxes, when offered to attract primary jobs in
industries which bring in money from outside a community instead of merely recirculating
dollars within a community, has been sho,.vn to be an effective method of enhancing and
diversity an area's econoiny; and
WHEREAS, effective September 1, IM, Texas law requires any eligible taxing
jurisdiction to establish Guidelines and Criteria as to eligibility for tax abatement agreements
prior to granting of any future tax abatement, said Guidelines and Criteria to be effective for a
period of two years and are to remain unchanged during such period unless amended by a three -
quarters vote; and
WHEREAS to assure a common coordinated effort to promote our corrtmunities'
economic development, any sucll Guidelines and Criteria should be adopted only through the
cooperation of affected school districts, cities and counties; and
WHEREAS City Council has determined that the Guidelines and Criteria as to eligibility
for tax abatement agreements should be changed to conform with the criteria adopted by
overlapping taxing jurisdictions; and
EXHIBIT A
WHEREAS, the attached guidelines adopted by the City Council in December 1989,
amended in July 1990, July 1992 and September 1995, have been reviewed by the City council
' and they have determined that progress towards the goals therein stated has been made; NOW
THEREFORE,
Section 1: That the City of Baytown has reviewed the Guidelines and Criteria for
granting tax abatement in a reinvestment zone and determined that the goals stated therein are
still appropriate, and are being met.
Section 2: That the City of Baytown hereby adopts the Guidelines and Criteria for
granting tax abatement in a reinvestment zone, which are attached hereto as Exhibit "A."
Section 3: This resolution shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED, by the affirmative vote of the City Council of the
City of Baytown this the 25'1' day of September, 1997.
PETE C. ALFARO, Mayor
ATTEST:
/o
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
dGAACIO RAMIREZ, SR., Attorney
® e:k1h591 Council\ RCSOlulionlCriici- KiGuidelincsTaxAbatement .Reso Ili tion
2
TAX ABATEMENT GUIDELINES SUMMARY
OBJECTIVES • Primary job creation -- target industries.
• Amount abatement -- minimum to be competitive.
• Fair to taxing jurisdictions -- It is a local option.
• Fair to existing business -- modernization, expansion.
• Regional cooperation -- similar abatements.
• Flexibility -- toughly enforced variance procedure.
TERMS • 100% during construction, not to exceed two (2) years.
• 100% 1 st year after construction.
• 75% 2nd year after construction.
• 50% 3rd year after construction.
FACILITIES • Manufacturing.
THAT QUALIFY • Reoional service & distribution.
• Regional entertainment.
• Research and development.
• Other basic industry.
AUTHORIZED • New plant.
INVESTMENTS • Expansion.
* Modernization.
ABATED • Buildings and structure.
• Fixed machinery and equipment.
+ Size improvements.
• Office space to administer plant.
NOT ABATED •
Land.
•
Existing improvements.
•
Construction -in- progress.
•
Personal property.
•
Hotels.
•
Housing.
•
Pipelines.
+
Gas and fluid storage.
•
Electrical generating facilities.
•
Deferred maintenance.
•
Property with useful life less than fifteen (15) years.
ECONOMIC •
Minimum one million dollar ($1,000,000) investment.
CRITERIA •
Retain orcreate at least fifteen (15) jobs.
•
Cannot reasonably use existing property.
•
No "serious adverse affect" on jurisdictions.
Tax Abatcment Guidelines Summarv, Pa,--c Solo
EXHIBR A
GUIDELINES AND CRITERIA
FOR REINVESTMENT ZONES
SECTION 1
DEFINITIONS
(a) "Abatement" means the full or partial exemption from ad valorem taxes of certain real
property in a reinvestment zone designated for economic development purposes.
(b) "Eligible Jurisdiction" means any county, municipality, school district or college district that
levies ad valorem taxes upon and provides services to property located within the proposed
or existing reinvestment zone.
(c) "Agreement" means a contractual agreement between a property owner and/or lessee and an
eligible jurisdiction for the purposes of tax abatement.
(d) "Base Year Value" means the assessed value of eligible property January I preceding the
execution of the Agreement plies the a;reed upon valued of eligible property improvements
made after January 1 but before the execution of the Agreement.
(e) "Economic Life" means the number of years a property improvement is expected to be in
service in a facility.
(f) "Deferred Maintenance" means improvement necessary for continued operations which do
not improve productivity or alter the process technology.
(g) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for
purposes of increasing production capacity.
(h) "f=acility" means property improvements completed or in the process of construction which
together comprise an integral whole.
(i) "Man:;`;cturing Facility" means buildings and structures, including fixed machinery and
equipment, the primary purpose of which is or will be the manufacture of tangible goods or
materials or the processing of such goods or materials by physical or chemical change.
(j) "Modernization" means the replacement and upgrading of existing facilities which increases
the productive input or output, updates the technology or substantially lowers the unit cost
of the operation. Modernization may result from the construction, alteration or installation
of buildin`s, structures, fixed machinery or equipment. It shail not be for the purpose of
reconditioning, refurbishing or repairing.
0 Guidelincs and Criteria for Reinycsinicni Zones, Pa2c I
(k) "New Facility" means a property previously undeveloped which is placed into service by
means other than or in conjunction with expansion or modernization.
(1) "Other Basic Industry" -mezuis buildings and structures including fixed machinery and
equipment not elsewhere described, used or to be used of the production of products or
services which primarily serve as a market outside the Houston Consolidated Metropolitan
Statistical Area and result in [lie creation of new permanent jobs and bring new wealth in.
(m) "Regional Distribution Center Facility" means buildings and structures including fixed
machinery and equipment, used or to be used primarily to receive, store, services or
distribute goods or material owned by the facility operator where a majority of the goods or
services are distributed to other points.
(n) "Regional Entertainment Facility" means buildings and structures, including fixed machinery
and equipment, used or to be used to provide entertainment through the admission of the
general public.
(o) "Regional Service Facility" means buildings and structure, including fixed machinery and
equipment, used or to be used to service goods where a majority of the goods being serviced
originate at least one hundred (100) miles away.
(p) "Research Facility" means buildings and structures, including fixed machinery and
equipment, used or to be used primarily for research or experimentation to improve or
develop new tangible goods or materials or to improve or develop the production processes
thereto.
SECTIOiN 2
ABATEME \°T AUTHORIZED
(a) Authorized Facility. A facility may be eligible for abatement if it is a Manufacturing
Facility, Research Facility, Regional Distribution Center Facility, Regional Service Facility,
Regional Entertainment Facility or Other Basic Industry.
(b) Creation of Ne�v Value. Abatement may only be granted for the additional value of
eligible property improvements made subsequent to and listed in an abatement agreement
between the City of Baytown and the property owner and lessee (if required), subject to such
limitations as City Council may require.
(c) New and Existing Facilities. Abatement may be granted for new facilities and improvements
to existing facilities for purposes of modernization or expansion.
0 Guidelines and Criteria for Reinvestment Zones, Page 2
(d) Eligible Property. Abatement may be extended to the value of buildings, structures, fixed
machinery and equipment, site improvements plus that office space and related fixed
improvements necessary to the operation and administration of the facility.
(e) Ineligible Property. The following types of property shall be fully taxable and ineligible for
abatement: land; inventories; supplies; tools; furnishings; and other forms of movable
personal property; vehicles; vessels; aircraft; housing; hotel accommodations; deferred
maintenance investments; property to be rented or leased except as provided in Section 2 (f);
improvements.for the generation or transmission of electrical energy not wholly consumed
by a new facility or expansion; -any improvements, including those to produce, store or
distribute natural gas, fluids or gases, which are not integral to the operation of the facility;
property which has an economic life of less than fifteen (15) years; and property owned or
used by the State of Texas or its political subdivision or by any organization owned, operated
or directed by a political subdivision of the State of Texas.
(f) Owned/Leased Facilities. If a leased facility is granted abatement the agreement shall be
executed with the lessor and the lessee.
(g) Value and Term of Abatement. Abatement shall be granted effective with the January I
valuation date immediately following the date of execution of the agreement. One hundred
percent (100 %) of the value of new eligible properties shall be abated for up to two (2) years
during the period of construction, followed by one hundred percent (100 %) abatement for
the first year after construction, seventy -five percent (75 %) abatement for the second year
after construction and fifty percent (50 %) abatement for the third year after construction. If
the period of construction exceeds two (2) years the facility shall be considered completed
for purposes of abatement and in no case shall the period of abatement inclusive of
construction and completion exceed five (5) years.
If a modernization project includes facility replacement, the abated value shall be the value
Of the new unit(s) less tilt: value of the old unit(s).
(h) Economic Qualification. In order to be eligible for designation as a reinvestment zone and
receive tax abatement, the planned improvement:
(1) must be reasonably expected to increase the appraised value of the property in the
amount of one million dollars (51,000,000) after the period of abatement has expired;
(2) must be expected to prevent the loss of employment, retain or create employment for
at least fifteen ( 15) people on a permanent basis;
(3} must not be expected to solely or primarily have the effect of transferring
employment from one part of a county to another; and
0 Guidelines and Criteria for Reinvesiiucrrl Zones, Page 3
(4) must be necessary because capacity cannot be provided efficiently utilizing existing
• improved property when reasonable allowance is made for necessary improvements.
(i) Taxability. F1-om the execution of the abatement to the end of lie agreement period, taxes
shall be payable as follows-
(1) The value of ineligible property as provided in Section 2(e) shall be fully taxable.
(2) The base year value of existing eligible property -as determined each year shall be
fully taxable.
(3) The additional value of new eligible property shall be taxable in the manner described
in Section 2(g),
SECTION 3
APPLICATION
(a) Any present or potential owner of taxable property in the City of Baytown may request the
creation of a reinvestment zone or tax abatement by filing a written request with the City of
Baytown.
(b) The application shall consist of a completed application form accompanied by a general
description of the new improvements to be undertaken; a descriptive list of the improvements
for which an abatement is requested, a list of the kind, number and location of all proposed
improvements of the property; a map and property description; and a time schedule for
undertaking and completing the proposed improvements. In the case of modernization, a
statement of real and personal property shall be given for the tax year immediately
proceeding the application. The application form may require such financial and other
information as the City Council deems appropriate for evaluating the financial capacity and
other factors of the applicant.
(c) Upon receipt of a completed application, the Mayor of the City of Baytown or his designee
shall notify in writing the presiding officer of the governing body of each eligible
jurisdiction.
(d) After receipt of an application for creation of a reinvestment zone and application for tax
abatement, the City Council through its designated officer or employee shall prepare a
feasibility study setting out the impact of the proposed reinvestment zone and tax abatement.
The feasibility study shall include, but not be limited to, an estimate of the economic effect
of the creation of the zone and the abatement of taxes and the benefit to the eligible
Jurisdiction and the property to be included in the zone.
Guidelines and Criteria for Reinvestment Zones. Pnge 4
(e) The City Council shall not establish a reinvestment zone or enter into an abatement
agreement if it finds that the request of the abatement was filed after the commencement of
construction, alteration, or installation of improvements related to a proposed modernization,
expansion or new facility.
(f) Variance. Requests for variance from the provisions of Subsections (a), (e) and (g) of
Section 2 may be made in written form to a designate member of City Council, provided,
however, the total duration of an abatement shall in no instance exceed five (5) years. Such
request shall include a complete description of the circumstances explaining why the
applicant should be granted a variance. Approval of a request for variance requires a three -
fourths (3/4) vote of the City Council.
SECTION a
PUBLIC HEARING AND APPROVAL
(a) The governing body of a city may not adopt an ordinance, or a county a resolution
designating a reinvestment zone until it has held a public hearing at which interested persons
are entitled to speak and present evidence for or against the designation. Not later than the
seventh (701) day before the date of the hearing notice of the hearing must be published in
a newspaper having general circulation in the municipality; and delivered in writing to the
presiding officer of the governing body of each tamng unit that includes in its boundaries real
property that is to be included in the proposed reinvestment zone.
(b) Prior to entering into a tax abatement agreement, the City Council may, at its own option,
hold a public hearing at which interested persons shall be entitled to speak and present
wTitten materials for or against the approval of the tax abatement agreement.
(c) In order to enter into a tax abatement agreement, the City Council must find that the terms
of the proposed agreement nieet these Guidelines and Criteria and that:
(1) there will be iio substantial adverse affect on the provision of the jurisdiction's service
or tax base; and
(2) the planned use of the property will not constitute a hazard to public safety, health
or morals.
(d) Any applicant requesting a variance under Section 3(f) shall be approved by a vote of at least
three - fourths (3/4) of the City Council. No application which deviates from the requirements
of these Guidelines and Criteria shall be approved unless accompanied by a request for
variance as provided under Section 3(f).
41 Guidelines and Criteria For Reinvesimcnt Zones. Pee 5
•
SECTION 5
AGREEMENT
After approval the City Council shall formally pass a resolution or an ordinance and execute
an agreement with the Owner of the facility and lessee as required which shall include:
(1) the estimated value to be abated and the base year value;
(2) the percent of value to be abated each year as provided in Section 2(g).
(3) the commencement date and the termination date of abatement;
(4) the proposed use of the facility, nature of construction, time schedule, map property
description and improvement list as provided in Application Section 3(b).
(5) the contractual obligations in the event of default, violation of terms or conditions,
delinquent taxes, recapture, administration and assignment as provided in Section
2(a), 2(0, 2(g), 6, 7 and 3, or other provisions that may be required for uniformity
or compliance with state law, and;
(6) the amount of investment and the average number of jobs involved.
Such agreement shall normally be executed within sixty (60) days after the application and all
necessary information and documentation has been forwarded to the City Council.
SECTION 6
RECAPTURE
(a) In the event that the facility is completed and begins producing product or service, but
subsequently discontinues producing product or service for any reason excepting fire,
explosion or other casualty or accident or natural disaster of a period of one year during the
abatement period, the agreement shall terminate and so shall the abatement of the takes for
the calendar year during which the facility no longer produces. The taxes otherwise abated
for that calendar year shall be paid to the City of Baytown within sixty (60) days from the
date of termination.
(b) Should the City Council determine that the company or individual is in default according to
the terms and conditions of its agreement, the City Council shall notify the company or
individual in writing at the address stated in the agreement, and if such is not cured within
sixty (60) days from the date of such notice ( "Cure Period "), then the agreement may be
terminated.
Guidelines and Criteria for Reinvcsimenl Zones, Page 6
® (c) In the event that the company or individual (1) allows its ad valorem taxes owed the City of
Baytown to become delinquent and fails to timely and properly follow the legal procedures
for their protest and /or contest; or (2) violates any of the terms and conditions of the
abatement agreement and fails to cure during the Cure Period, (lie agreement then may be
terminated and all taxes previously abated by virtue of the agreement will be recaptured and
paid within sixty (60) days of the termination.
SECTION 7
ADMINISTRATION
(a) The Chief Appraiser of the County shall annually determine an assessment of the real and
personal property comprising the reinvestment zone. Each year, the company or individual
receiving the abatement shall furnish the assessor with such information as may be necessary
for the abatement. Once value has been established, the Chief Appraiser shall notify the
affected jurisdictions which levies taxes on the amount of the assessment.
(b) The agreement shall stipulate that employees and/or designated representatives of the City
of Baytown will have access to the reinvestment zone during the term of the abatement to
inspect the facility to determine if the terms and conditions of the agreement are being met.
All inspections will be made only after the giving of twenty -four (24) hours prior notice and
will only be conducted in such manner as to not unreasonably interfere with the construction
and/or operation of the lacility. All inspections will be made with one or more
representatives of the company or individual and in accordance with its safety standard.
(c) Upon completion of construction, the jurisdiction which created the zone shall annually
evaluate each facility receiving abatement to ensure compliance with the.agreement and
report possible violations of the contract and agreement to the City Council and its attorney.
SECTION S
ASSIGNMENT
Tax abatement agreements inay be assigned to a new owner or lessee of facility with the
written consent of the City Council which consent shall not be unreasonably withheld. Any
assignment shall provide that the assignee shall irrevocably and unconditionally assume all the duties
and obligations of the assignor upon the s�uiie terms and conditions as set out in the agreement. Any
assignment of a tax abatement agreement shall be to an entity that contemplated the same
improvements or repairs to the property, except to the extent such improvements or repairs have
been completed. No assignment shall be approved if the assignor or the assignee is indebted to the
City of Baytown for ad valorem taxes or other obliutions.
is0kl Iti?9TOmmuni IN, DcvelapnunA Guidclincs4Ta .xAhaIunicnrNIteinvcsuncntZoncs
Guidelines and Criteria for Reiovesiment Zones, f awe 7
f APPLTCATfON FOR TAX ABATENIEiyT T1' BAYTOWN TEXAS
The filing of this document acl:nowledoes familiarity and conformance with Guidelines and
® Criteria for Tax Abatement. This application will become part of the agreement and any
knowingly false representations will be ;rounds to void the agreemtnt.0601nal copy of this
request should be submitted to City Manager, P.O. Box 424, Baytown, Texas 77522 -0424, if
property is located inside the corporate limits of Baytown.
APPLICANT EN ORMATION
Company Name: BAYIQWN ASPHALT MATERIALS INC,
Address: R Q BOX_ 570
BAYTOWN, TEXAS _77522
Corporation (X) Partnership ( ) Proprietorship ( )
PROJECT L,FFORNIATION
Tv e of Facility
W2825 -MI'MR-31
See ink ructions. () N-fanufacturin.- Facility
( ) Wholesale Distribution Facility
( ) Research Facility
( ) Service Facility
( ) Entertainment & Recreation Facility
( ) Other Basic Industry
Proposed Project Location Address and Legal Descriptioii: —Str Z"4ir G
School District
College District LEE C011EG
City or Town BAYTOI�N
4ttacll map 511owir1g proposed site. SEE ATTACHED EXHIBIT A
Describe Product or Service to be provided. EMBI1 B
THE PROPOSED ASPHALT PLANT WILL BE UTILIZED TO MANUFACTURE HOT MIXED
ASPHALT CONCRETE MATERIALS. THESE MATERIALS ARE PRIMARILY USED IN
ROADWAY CONSTRUCTION FOR MUNICIPAL, COUNTY & STATE HIGHWAY WORK.
Proiect Description: See attached Exhibit B
0 Attach statement fully explaining project, describe existing site and improvements and provide
list of improvements and Fixed machinery and equipment for which abatement is requested.
()o New Plant ( ) Expansion ( ) Modernization ( ) Other
ECONOMUC B'�k'ORMATI;ON
Construction Estimates:
11/1/98
Start Month /Year Construction Man Years —
Completion Date -} }-f -}$ Peal; Construction Jobs
1/31/99
Xf Modernization:
Estimated Economic Life of Existing Plant Years
Added Economic Life From Modernization Years
Permanent Employment Eslimates PTE's):
Current Employment n
Number of Jobs ( ) Retained or (25 Created
at start opening in year 4_�$
5 years into operation 35 in year 2003
Estimated Appraised Value on Site:
Personal
Property
Value January 1, preceding
abatement agreement
Estimated Value of Abated
Properties after abatement
expires
Improvements Land
111 111 11
Value upon completion of project
personal property and project
improvements not subject to
abatement
® VARfANCE
Is the applicant S1 lung a variance under Section 4 (0 of the Guidelines? ( ) Yes \,r0
•
L_ J
If "Yes" attach required supplementary information.
OTHER ABATENIENTS
Has company made application for abatement of this project by another taxing jurisdiction or
nearby counties? O Yes 4() No. If "Yes" provide dates of application, hearing dates if held
or scheduled, name of jurisdictions and contacts, and letters of intent.
COMPANY REPRESENTATIVE TO BE CONTACTED:
Name: N FNN ANGFI
Ignatur, of Co parry Official
S ANGEL - PRESIDENT
Name & Title of Company Official
Address: 1 .1. 570 :d 1.1 TEXAS
Telephone: _ _
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A System Proposal Prepared Exclusively for:
Mr. Glenn Angel
Angel Brothers Enterprises, Inc.
5210 West Rd.
Baytown, TX 77521
Our Proposal Number 98PH0052 for
TURBO 300 "M-PACK' PLANT
Presented by- C. Phil Hoffman
June 9, 1998
EXHIBIT $
i
ASTEC a rubcid ;ary of astac Industrlcr, Inc.
P.O. 60X 72787 CHATTANOOGA, TAN 37407 • TELEPHONE 423 - 867.4210 - FAx 423- 867 -4636
P
J,JtI vJ JJ I V VJ ZJ fl:: r1J I r, U I/ JC
810/08
ASTEC Proposal Humber. 98PHOO62
Angel Brolhers Enlerprises, Ino., eay(owa, TX
TURBO 300 W- PACK" PLANT
as per the following specifications:
I. One Model RCFB -912 -6 Relocatable 9' x 12' Six - Compartment Cold Feed
System
The top opening of each compartment Is T -0" x 12' -0' to accommodate larger loaders,
Each compartment has a struck capacity of 19.5 tons and a heaped capacity of 26.5 fans,
The top lip of the bin walls is heavily reinforced with bent plate frame for added s(renglll.
Bin walls are fabricated with 1/4' thick 51ee1 plate and are reinlorced with heavy -duty
anole stiffeners to provide longer hin wear life.
Slcr..n 600 and 671, walls are sloped to a sell- rclicvinrd discharggc opening that provides
excellent malcrial flour.
Bins are equipped with bolt -on bin partitions 10 rcducc the mixing of prooucis when uslno �
large loaders, ,
Two (2) bins are equipped with a bin vibrator zllached to a hinged, false inner wall to 4_4
enhance the flow of material when using wet or slicky agggregmes.
The vibrators are inlerloc!kad to the material flow indicator to allow aulomallc operallon in
the event of a no -flow/ condition. A manual override switch also allows the vibrator to be
turned off or to fun continuously al the operalor's d6crelion.
A s11-101e clam gala at the discharge is adjusted easily by ralchel to ensure 0aic position
under 111C most adverse conditions, and evnVn wl(h a full bin.
1� Heavy 1/2' thick rubber skirlboards have a long N,ICar life and a qu)cn adjuslnlenl feature
to help keep aggregato spills to a minimum.
Each discharge opening is 5' -4' long and has a tapered widlh from 14' to IS' to reduce
bridging of the aggregates.
Each belt feeder Is 24' wide x 7' -6' long wilh 4' dlameler support rollers on 5' centers for
better support.
Frames are braced and cross - braced to ensure accurate alignment for adjustment of belt
lenslon and lrackfnq.
Belt feeders have lagged head pulleys for good Fraction, and self- cleaning tall pulleys to
keep the boll clean, The pulleys are 10' in diameler x 26' wide to provide good Iracking
tolerances.
® The bell feeder drives are 3 HP eddy currant variable speed for wide speed range with
Iola! and proporllonal control. Production rates can be Increasod or docrsased by a singlo
cnnlrol while the job mix formula remains conslanl.
1� The collecting conveyor Is 30' wide and has a vertical curve
scalping screen. II Is drlven by a 15 HP elcclric motor lhrough a stha t- moun�edtgut ox,
1 J ',z
_ ..., .... ,... __ - - .... .... �.. _..__... ...� .,v. .�_JL I -:Ij r, uor �c
819f98
ASTEC Proposal Ngmher: WHOM
Angel Brmhart Enterprl;es, InC., Baytown, TX
® I. One Model RCFE -912 -6 Helocatabie 9' x 12' Six - Compartment Cold Feed
System, continued:
The collecting conveyor has 4" diameter, 35° ball bearing lrourghing Idlers on 4' -0` spacing,
10' -0" spacing on return Idlers, and 1' -0' spacing al loading points to reduce the
horsepower requirements and provido cleaner operation.
The collectino convoyor head pulleys are lagged to provide positiva traction, and Jail
pulleys are slatted, self- cleanlno to keop the belt clean. The head pulley is 16" In diameter
x 32' wide, and the [ail pulley is 12" in dlarneter.
Bell guards on all drives are easy -tit with an open mesh for venitlation and obsPrvalion
while maintaining safely.
A spring - tensioned, polyurelhane blade belt scraper is mounted zt the head pulley to kccp
the bell clean.
Maledal 'No -Flow" switches are inslalfed at each bin compartment discharge with an
alarm and Indicating lights in the control center to alert the operator if a bin gels emply_or
a "No -Flow' condition cxisis.
To ensure th8 moss accurate control possible, a tachometer is nlounled on each bell
feeder lall shaft to provido the operalor a visual indication of llla belt spczd.
A slart /slop stallon with digital RPM indicalors and indicating lights are In the control
center. The operator can run the system manually, if desired.
A steel plate retaining wall is built into the bins on The bin loading side to eliminate the need
for constructing a bulkhead,
The bins are equipped with a sle. -1 plate foundation to cilminale the need for cumbersome
limbers or concrolo piers.
All wlrfn0 on 1110 cold feed sys1nm is In condull for durabiliiy and safety
!t. One Model RSS- 412.60 Relocatable 30" x 60' Inclined Conveyor /4' x 12' Screen
1� One (1) 4' x 12' single deck vlbraling scalping screen is mounted over [he feed end of the
30" x 60' -0" inclined conveyor feeding the double barrel. The screen and conveyor are
both mounted on a common skirl to eliminate the nr:ed for concrete or limbers.
The conveyor has a 15 HP elec(ric motor driven lhrough a shift- mounted
1 har:kslop to eliminate malorlal rollback. d reducer with
® The 4' diameter. 35" ball bearin0 Iroughing Idlers are posilioncrl on 4' -0' centers while Iho
return Idlers are on 10' -0" centers.
$269,880.00
2 o126
JUN709 -93 TUE 09: SO Ah ASTEC SAI_Lb
efsfse
ASTEC Proposal Number. SSPHOO52
Angel Bro tiers Enterprises, Inc., Baytown, TX
® 11. One Model RSS- 412 -60 Relocatahle 30" x 60' Inclined Conveyor/4' x 12'
Screen, continued:
Tho head pulley Is 16" In diameter x 32' wldo and is la00od to provide positiva traction. The
tail pulley Is 12' diameter x 32' wide and is slatted and self - cleaning to reduce material
buildup on the belt.
A spring - tensioned, polyurethane blade belt scraper is located al the dead pulley of the
inclined conveyor to keep the bell clean.
A belt guard on the drive is easy -fit wllh an open mesh for ventilation and observation
while maintaining safely.
The screen Is equipped with a feed box, deflector plates, and one (1) set of screen cloth
(customer may specify cloth size).
Hcavy 1/2' thick rubber skirtbnards on thr, hopper underneath the screen have a long life
and a quick adjustment lealure to help keep aggregate spills to a minimum.
The screen is equipped with a 10 HP motor, drive and swilchgear.
A gravity lake up system has fhree (3) idler rolls and Is installed on the Inclined conveyor
to ensure consistent belt tension. Tachometer feedback is located on the tension roll to
provide accurate belt speed to [he control.
The bell scale provided to weigh aggregate is installed on the conveyor. The load cell is
insulated lop and bodom with ceramic isolalors and includes a heavy ground strap around
the load cell for lightning protection.
A wind guard on tho conveyor at tho load cell eliminatps ilia influence of wind on the
weighing process. provldino consistent weichino.
The unit Is equipped wily a remote air cylindor opvnaled drum bypass between the inclined
conveyor and the drum to allow bypassing the drum Irum the control house.
All wiring on lho conveyor and screen skid is in conduit for durablllty and safety. Plug -In
type plgLads quickly and easily connect the screen and conveyor junction box to the cold
feed system power panel (mounted on the cold feed bin and unit).
III. Ono Model ROB -300T Relocatahle 300 TPH Oouble Barrel Drum
The relocalable Turbo 300 drum Is 7' In diametor x 38' long and the inlako end Is expanded
to 8' in diameter, The drum Is 112' thick Cor -Ten steel at the burner end and lho
remainder of the drum is 1/2" thick A -36 steel.
A specially engineered flight design provides a proper malerlal veil, lower operating
lemperaluros, reduced fuel consumption, maximum drying efficlencles, and the fllohis are
bolted In for easy replacement, The T- fliphls are fabricated from 5/16° Cor -Ten and the
remaindor of the Illghis aro 5/16' A -36 sleet.
$60,090.00
4 c! 25
3 of 26
JUN -09 -95 TUE 09:51 Ail AS T EC SALES
619x9 6
ASTEC Proposal Number: 68P OU?
Angel Brothers Enterprises, Inc., Baytown, TX
Ill. One Model RDB -300T Relocatable 300 TPH Double Barref Drum, continued:
Leat mounted drum tires are 10" anri 7" wide z 3" thick and allow for differenllal expansion
and contraction between the fire and the dryer. This eliminates slipping and continual
shimming and wedging problems.
The 15' diameter x 11" wide -faced adjustable lrunnlons have pressed -In spherical roller
bearings, and tlic trunnions are hardened to 450 8rincll for long lifo.
The oversized guide rollers arc 14' in diameler x 2 -1/2' thick and are lapered for
Irlaximum contact. The guide rollers have ovarsized shafts with tapered bearings.
ti The saddle chain drum drive utilizes a 5' pitch iRO -4020 heavy -duty roller chain and one
1 150 HP motor driving through a loot mounted planetary reducer.
A 96.8 million BTU Hauck Starjet Model SJ -520 No. 2 oil burner elilulrlates the costly
conlbuslion chamber and Ignition file.
The automatic burner control has a microamp meler, starl -up posilioner, and one pen
chart recorder with temperalure controls on the mix discharge chute and the exhaust
Mack.
1 The 100 HP 3600 RPM NO pressure (36 ounce.) turbo blower provides primary air to
alomlze the fuel and secondary air modulated to fuel flow for more complete combustion.
A positive displacement fuel oil purnp with 3 HP drive is provided,
A type -J thermocouple probe is used to measure IN mix Icmperafuro at the dlscharge of
(he double barrel.
The a5phall malering system consists of Iwo (2) positive displacement 2 -1/2' pumps with
i ono (1 ) 10 HP eddy current drive and larhomel ?r. One pump is driven by the eddy curronl
motor an pumps Ilould asphalt through the second nondriven pump, which acts as a
meter, A tachometer mounted on tho shall of the metering pump produces a signal to the
control system, which provides feedback for controlling the speed of tho eddy current
drive on the first pump.
A hi -temp rubber dust seal is installed on each end of tha outer chamber and on the intake
of the dryer to ensure minimum air leakage.
Flop gale air seals are Inslafled on bout inlet and dlscharge brecchfngs. '
Aooreoale is conveyed into [lie dryer by a rubber mounted gravlly chute. Tile chute Is
equipped with a bin vibrator to enhance the Novi of malerlai.
The sides of lho intake chute are lined with 3/8" (hick 360 Brinell liners, and 1/2" Super
Clad Trl -Ten T20OX 114' x 1/4' wear roslslant steel liners are welded on the bottom
sliding surface.
The dlscharge chute is fitted with 3/8" thick 360 Brincil liners, and 112' Super Clad Trl -Ten
T20OX 1/4` x 1/4' wear resistant steel liners are welded on tho boHom sildlno surface.
4 ola
[U'_- U4 n,:iLV .ML+tJ
ASTEC Proposal Humber; 08PHOO52
Angel Brothers Enitrprfzez, Inc., Baytown, TX
® III. One Model RDB -300T Relocatablc 300 TPH double Barrel Drum, cantinued:
Tho double barrel Is equipped with a special Insulated outer mixing chamber for healing
rocycla and blending with the dry viroln aggrcoates, liquid asphalt, baghouse fines and
other additives,
The outer chamber Is equipped with a large access door powered by hydraulic cylinders for
easy access when doln9 Inspections and maintenance.
The exterior of the drying chamber shell Is equipped with heavy -duly boll -on lips and
shanks to provide mixing in the outer chamber.
Replaceable, boffin Iii -Hard liners located in the mixing area protect (he outer chamber
from excessive wear.
The outer chamber is equipped with hot oil heat on the bottom side to prevent buildup of
malrrial and possible tip breakage.
Protective cablo trays arc molmlcd on the unit for rouling powc( and control cables to the
power panel. The unit is equipped with a snaclally designed support base to eliminate the
need for timbers or concrete piers.
IV. One Model RBH- 51:TDB 51,084 CFM Relocateble eaghouse /Horizontal Cyclone
The 51,084 cfm relocalable baghouse has 9,293 square feet of cloth for a 5.5:1 air -lo-
cloth ratio.
Tho houso has 768, 4 -5/8" dlamrler x 10' long bags of minimum 14 ounce aramid fiber to
provldo excellent dust release and lon0 life.
The bags are litled ovor zinc- coaled cages and have snap -In relainers (hat save
installation time when changeoul or Inspection of Cho bags Is necessary. All bags and
Cayes are factory installed from iho lop,
The baghouse walls are made with 3/16' thick slccl plale wilh formed sillferlers to
provide longer life. Improve operating conditions, and reduce Iona range lacks.
The inlerior of the baghouse has an epoxy coaling to resist metal corrosion Iram
condcnsatlon.
Tile tube sheet Is made of heavy 3/16' thick, reinforced steel plate, and it is seal Yielded
to eliminate leaks and provide rlgld NO support.
High and low lemperaturo controls prolecl the baps during start -up and plan( operalion. If
the lemperature reaches a high sot point, the burner will shut down. If the temperature
drops to a low set point, an alarm alerts the operaior, The high and low let points can be
adiusled by (fie operator,
A low energy BCB -492 backward curved blade fan, providing high exhaust efficiency,
includes ono (1) 200 HP motor, drive and electrical swi(chgear with reduced voltage
s(artino. The motor Is standard straight wound to reduce cost.
$525,410.00
5 nl 2n
.'I V.I'J r. Wj2
ASTEC Proposal Humbcr: 98PHOa5z
Anoel 8101nert l:nlerpriset, Inc., 62yIoWU, Tx
® IV. One Model RBH- 51:TDB 51,084 CFM Helocatable Baghouse/Harizontal
Cyclone, continued:
The exhaust tan gullet is equipped with an aulorr,atic quick action opposed blade damper
with an electric actuator for precise control of excess air. The draft is controlled by a
pitnt tube 5ional from the double barrel measuring the negative pressure at the burner.
This signal is relayed to the actuator, which opens and closes the damper, conlrolling the
amount of excess air entering the system.
The 20' -0" exhaust stack has sampling ports that are built -in and easily accessible for
slack lesting from the top of il-te baghouse.
The baghouse system top is accessed by an encaged ladder and has guardrails around the
perimeter for safety and convenience.
A (1) 50 HP screw compressor is provided for operation of the baghouse and plant. The
6D unit is air cooled and has an aftercooler with 200 gallon reservoir. Compressor capacity is
226 c(In Q 125 prig antl it +clues a suction a!r fitter, relief valve, pressure gauge, a push
bulton stop /s(arl control.
A horizontal cyclone prcrrding the baghouse is built into One end of the house to extract
heavy dust parlicless and piMlMI tho baps from unnecessary wear.
The cyclona is fab6caled with 1/1' A -36 plate and is lined A,ilh 1/4' AR plate for the first
6' -0' of the inlet end and the lank is lined with boll -in 1/4" AR liners.
Exhaust air from the doublo barrel enlers the horizontal cyclone langenliaky and heavier
dust particles are removed by centrifugal force and are collected in the bollom hopper and
removed with a discharge screw.
�v
the collertcd cyclone fines am moved to a common discharge point where (hey merge
with the collected baghouse lines for transfer to the double barrel.
A 12' palherin9 screw moves roltcc(ed dust to a 12' rotary airlock that meters the fifes
into the dust screw feoding the double barrel.
A 14' dlameler x 24' -g' )Ono screw auger Iransfers dust from the cyclone and baghouse
111e tines Inlet on the 9 e to
doublo Barr ,
el
Connecting duclwork from the double barrel (o the horizontal cyclone Is Included.
The complcle, baghouse is mounted on a base plaled structural steel frame, climinallno (he
need for concrete plers,
All wiring on the baghouse is In conduil for durability and safely. Fan, air compressor, dust
screw and damper erg wired in conduit to llle main plant payer anof which Is mounted on
the bollom baghouse section. Control cable for pulsing valves Is rubber cable wi(h plug -in
for quick and easy Inslallalion,
$342,34111.00
JVI\ UJ'CJ IUL UO'.7J t111 -"'J0Ui'ryVJV !. jJIJC
8/9/96
ASTEC Proposal Number. 98PHOO52
Angel Brolherc Enlerprises, Ene., Baytown, TX
V. One Modell NG- 2 -400A 400 Ton New. Generation Storage System
Two (2) 200 Ion long teml hot mix storage silos aro provided. wilh a lolal system storage
capacity of 400 tons. This capacity is based on the hol mix weighing 120 Ibs /cu it with an
angle of repose of 350.
For sturdy and safe operation, [lie system Is designed and constructed to meet U.B.C.
(1994 Edition) Seismic IIA conditions, which provide sufficient strenroth for any URC, wind
conditions.
The top section of tho tank has 12' of insulation (R -value 46)
The tank section Is fabricated from 1/4' thick steel plalo, insulated with 6' of glass wool
(R -value 23) and covered wllh a 20 gauge aluminum jacket with a baked -on enamel finish.
The cono section Is fabricaled from 3/8' thick steel plalo, Insulated with 8' glass wool (n-
value 30) and covered Mal a 16 gauge all Yrcldcci steel jacket.
To provide luny wear life, each cone Is Ilned with 1/4- thick 360 61`111211 wear plate, 41'
above and 18" below the Point where the silo and cone are joined.
The 65.50 cone structure provides a mass flow feature, first -in first -oul, to provide the
best possible performance by eliminating plug feeding.
A hot oil reservoir around the base of the cone keeps the cone and discharge gate to(. Oil
Is circulated by a SIHI 90 gpm centrifugal temperature controlled pump with a Won
labyrinth ring seal and two (2) molorizcd 3 -way valves.
A 3 Ion bin loading balcher flattens the material profile in the bin which reduces
segregation of the larger slopes. Tha batcher gales arc activated by a primary bin
indicalor. A secondary indicator acts as a backup 11 the primary tails.
The bin loading balcher is tnially enclosed and insulated wilh 3" of liberglass to mailjlain
heal with less buildup of material. The outside is covered with a 3/16' thick cover plale.
Tha silo is equipped with hloh and low bin indicators to alert the operator if a high or low
condition exists.
The top air seal gale Is a simple grease system, activated by injecting grease into a
channel reservoir underneath the gale to provide an airlighl seal when overnight storage is
squired.
The silo discharge gate Is a single clam gale hinged lrom supports that are attached to the
culsidn slaicture of the silo, which eliminates gate problems caused by year of the silo
cono.
The gale Is counterweighted so that if the air supply to the gale cylinders Is dlsrupled, the
02le will closo aulomatically by gravity. The gale is powered open by energizing a single
soienold air valve. If eiecirfcal power is lost, the Ell control valve will close the gale
automatically.
7e4x
JU!`1- 09 -1918 I Ut 09;b3 �1U11 C J ! LU JhLCJ i liv, sGJJ 1 I z' J i • +
6 /o/oa
ASTEC PmpoW Nimbar. 98PHW52
Angel Brothers Enlerprlaes, Ino., 9aylown, TX
® V. One Model NG- 2-40DA 400 Ton New Generation Storage System, continued:
As a further salely m°asur% the gale control air valve is mounted on a common manifold
with an override valve. This mal)llold is bolted to tho Icg on Ilia silo. The override Valve
has a knob for local operation and also has a solenoid for remote operation. Should tho
gale fail to close under normal operating conditions, IN operator can press an override
bullon that is mounted on [lie silo control console and the override valve will close the
gale. The override valve knob must be manually reset before normal operations can
resume.
The low bin lockout control prevents the silo discharge gates from opening when mix Is
below the cone /tank transition. This reduces segregation and keeps the charging mix from
wearing on the cone area.
The botiorn discharge opening is sailed by automatically flooding fhe single clam gate with
a pool of oil for Iono Term sloraoc. The Hale automatically drains to a reservoir when the
operator clecls to open the pato.
The two gales described above totally seal the mix from oxygen and enable mix slorage
wlth the ASTEC inert gas system for up to four (4) days without changes In mix
consistency.
The silo legs are 13' -0' long wish a vertical truck clearance of 12' -0" above a V -0" lilick
deck on an above ground scale.
A 24" wide x 43" deep drag conveyor Is sell- supporling for sale operation and requires
mintmum ground space.
The conveyor has one (1) 6" pitch heavy -duty roller chain for long We and low cost
operation. The chain has a prorated warranly of 750.000 Ions, and an ultimate strength
rating of 140,000 1.
The (lights are 7' deep x 3/4" thick x 24' long to provide more carrylnp capacity so that
the dram conveyor can run slower with less wear. The Ilighls are fabricated from A -36
steel.
The conveyor bottom Is lined with 3/4' thick boll -in Ni -hard with a wear life guarantee of
1,000,000 tons. New liners will be furnished at no cost 11 they fall to meet the guarantee.
The conveyor sides are lined with 3/4' thick x 8" high cast Dolt -in Ni -Hard liners to reduce
operatlonal cost.
The Idler rolls are 16' in diameter x 8' wide x 3/8' (hick floaling -type with double 1/4'
thick diaphragms to prevent premature shaft breaka0e. This design provides flexibility and
prevents damage when running large rnaierial. The Idler shafts are 2 -7/16' in diameter.
® The conveyor is equipped with a boll -on clean -out door located at the base of the drag.
The conveyor is designed with hinged 11 gauge stool plate covers to provide proleclion
from weather, maintain heat and retain blue smoke.
A nl 7A
JUI� -0.8 -913 TUE 09 : 5; Alf A� T [C SALES r,'1A ;c�oc i ono �c
6N198
ASTEC Proposal kwnbar. 98PHUD52
Angel Brothers Eaterprlses, Inc., Baytown, TX
® V. One Model NG- 2400A 400 Ton New Generation Storage System, continued;
The drag conveyor is equipped with hot oil healing channels on the bottom to keep the mlx
hot as it travels up the drag for dispensing 'into ilia silo, The bottom of the conveyor Is
insutalcd with 3' of fiberglass insulation and covered with a 16 gauge welded plate.
Ono (1) 75 HP electric molor drives (he conveyor at low speeds (as low as 100 Ipm)
'� throuoh a double reduction, concanlric reducer.
The conveyor headshafl is 5 -9/16' diameter AISI 4150 cold rolled sleel. The head sprocket
is designed In lhrce scornenls bolted to a split hub, making replacement fast and simple.
The sprocket Is hardenod to 450 Brinell.
The conveyor tail sllafl Is 4 -7/10" diameter AISI 4150 cold rolled slccl.
The drag conveyor is equipped wily a bottom drag dropout chute for calfbrallon purposes
and bypassing the silo. It is air cylinder operated from the opera'.or's conlrol slaiion.
The charging hoppors and discharge chines are conslrucled of 1/4" 360 Brinell wear plate
for lone life.
Access to the top of the silo Is along both sides of the drag conveyor. A skid resistant
steel slairway with heavy tubing handrails extends from grade to the top of the silo to a
Se VICC plat.forlTl.
A caged access ladder and a steel safely platform are provided around the head shaft of
lli= drag conveyor to provide easy access for main(enarico and inspecllon.
A 24" horizontal traverse conveyor distributes mix from (lie drag conveyor Into either of
(he silos on command from the plant operator.
D The Iraverse conveyor is 30" deep x 24" wide by 15' -0" long and is driven by a 20 HP
motor Through a shaft mounted reducer.
The Iraverse conveyor has Iwo (2) 4" pitch heavy -duty roller chains for long life and low
cost operation.
The (raverse conveyor fllglits are 5' x 3 "'x 112" angles fabricaled from A -36 steel. Each
flight is 24" long for more carrying capacity, making the conveyor run slower with less
wear.
The traverse conveyor bottom Is lined wllh 3/4' thick loll -In NI -Hard with a wear the
ouaranleo of 1,000,000 Ions. New Ilners will be furnished at no cost If these fail to meet
the capacity.
The conveyor sldes are lined with 3/4" thick x 8" hlgh cast boll -in ill -Hard,
® The Idler rolls are 10 -3/4" dlarWer x 1 -7/8" wlde x 3/8' thick floaling -type with single
3/8' thick diaphragms to prevent premature shaft breakage. These fealures provide
flexibility and prevent damage when running large material. Tho Idler shafts aro 2 -7116' In
diameter.
onrM
JUl";- 09--9d CUE U9 ; bb Hn r,6 1 LU )HLGJ f M flu. 14 Z) I tiQJ0 T ui )-
alQ /q a
ASTEC Proposal Number; 96PHOO52
Angel Brathgrs Enterpfilel, IM, goylowD, TX
® V. One Made] X161.2 -400A 400 Ton New Generation Storage System, continued:
The conveyor is designed with a hinged 11 gauga steel plale.cover to provide protection
from weather, mainlain heat and retain blue smoke.
The conveyor hcadshaft Is 2 -15/W diameter AiSI 4150 cold rolled steel. The head
sprocket is designed in three segments boiled to a split hub, making replacement fast and
simple. The sprocket is hardened to 450 Brinell,
The conveyor tail shalt is 2- 15/16' diameter A1S14150 cold rolled steel,
The charolnp hoppers and dischargo chutes are construcicd of 1/4' 360 Brinell wear plale
for Iona IN.
V]. One Model LPS -10010 10' x 1D0' Low Profile Truck Scale
The ASTEC lully electronic 10' wlda x 100' long love profile truck scale eliminates the need
for a cosily scale pit and Is shipped in three main sections from the factory for easy
installation.
Installation above prado is on shnple rectangular concrete foolings at each end, and the
ramp neigh( is less than one loot to reduce installation cost.
The load cells are a horizontal shear beam type to eliminalc knife edges, increp,.se
accuracy, increase life of the system, and reduce maintenance costs.
The scale deck is 1/4" heavy checkered welded floor pla'e for long lite and safety with
cros3 bracing members that are constructed of heavy -duty tubular steel,
The Plain support beams along each side of the scale deck are heavy bridge type girders
that not only support the load, but also provide an excellent curb for truck traffic safety.
Luos are provided at fhe recommended pickup points for easy lifting during Installation.
Each toad cell is rated at 50,000 lbs. This scale is equipped with eight (8) load cells and one
(1) summing box. The assemblies aro prewlred to reduce field wiring and are complete
Will' quick connecting cables that plu0 into a common iunclion box. The unction box is
complete with trim pols for individual tuning of each load cell. The summing circuitry for
the readout connecllon Is plug -In type,
Tho capacity of the scale at the mid -poinl Is 50 Ions and the accuracy mce19 Tho Bureau
of Slandards Handbook 44 crilerla.
® All wiring on (tic truck scale is in conduit.
$4201896.00
$74,980.00
100128
e /9 /9a
A9TEC PropaTal Nwriber. 96PH0o52
Angel Crothers Enterprises, Ina., Baytown, n(
® Vii. One Model CCH -1 Command I Conti al Center
The Command I control cPnlar is a 10' -9" x 25' split level design with a key lockable steel
enlranco door.
The control cerltor frame Is constructed of welded rectangular steel tubing and 8" 1 beams
for strong heavy -duly support.
The ulcrior of (tie unll Is vertical slecl siding covering 1 -1/2' of loam wallboard Insulation
with an R value of 11. The ccilino and floor have 3 -1/2' of fibcrolass insulation with an R
value of 11, and the floor is protected underneath wilh a visducen barrier.
Enlry into [lie control center is at tiro lower level Into the 10' x 10' -9" power room. This
room Is designed for flush mounted NEMA -12 power panels on cilhcr one or two walls.
Four inferior steps lead up to the control roam Thal offors arl efevaled control tovrar type
vir:w for the plant operator.
The windows in the control room are 1/4" (hick, tinted arid lempored glass and are located
on all sides to provide 3600 visibility. The windows are sloped to resist glare and dust
buildup.
The interior of the control center has vinyl wall rovrrinp. floor covering of rubber 1118, and
fluorescent lighls for Mull visibility.
1110 unit is equipped with a 3 -tan commercial central hcatlnu and air eonditioninp system
that is thermostatically controlled.
The plant operaling controls and power panels are premounled and prewlred in the control
center.
A steel slalrway wiih landing and handrails Is provided for easy access, in and out of
control center.
Vill. One Model PM-96A-1-TS Process Mate 95 control System with Automatic
Silo Coadout
The PM- 96A -1 -TS is a microprocessor based control system for the b(ending of asphalt
and aggregate in a continuous rnlx plan(. The system will also blend recycled asphalt and
olher addi4cs, including mineral filler, lime and anilslrlppin4 agents. Tho system has silo
loadout capabilities.
The basic unit Is designed for (4) virgin aggregales, (4) mix Ingredianls, (2) bin vibralor
controls, (1) air cannon control, key lock tonnage counters and a remote plan(
troubleshooter. Two (2) additional cold feed controls w�'Ih manual backups will be provided
® for a total of six (6) virgin aggregates.
The unit is mounted in a 45" floor mounted console enclosuro with a table top CAT and a
keyboard operator Inlerface. This system also Include; zn ISM compatible PC compuler
with a Pentium microprocessor and a 11' color monllor.
$55,480.00
11 At )9
JUH -08 -Q8 T07 09: So AN ASTEC SALES
6/91ea
ASTEC Proposal Humber. 46PKGjU
Angel Brothers Enterprises, Inc., Baytown, TX
wi. one Model PM -96A -1.78 Process Mate 96 Control System with Automatic
Silo Loadout, continued:
Automatic blendin0 of asphalt, recycle and other ingredients is based on the tons per hour
virgin aggregate passing over the aoorooale bell scale. The bclt scale provides feedback 10
N computer, which drives all other motoring devices to achlove an accurate blend in
accordance with the design.
Eighty (60) mix designs are stored in a 16 year Nonvolatile memory.
The six (6) virgin aggregate feeders are automatically controlled by mix design and manual
backup units are provided for each virgin aggregato as well as each ingredient.
An asphalt temperature compensatory system with a i -lype thermocouple Is provided to
compensate for tho expansion or contraction of the liquid asphalt at di(fomnl temperature
variations, which can grmilly n1fecl the amount of asphall being added to the rTllx.
Key lock tonnage counters for total mix, aggregale, recycled asphalt, liquid asphall, antl-
strlp and mineral filler are provided.
Automatic silo loadout is provided for up to Ihrco (3) silos over one (1) truck scale. With
[his fealuro the data 111-1 is configured for 300 customers, 400 trucks, 400 lobs, and 80
mix designs with C.O.D, pricing. Daily summary reports include malcrial totals for each
customer, job and truck. An Okidala Mlcrollne 320 priiftr allows ticket printing of up to
four (4) copies on NCR type paper,
Production data Ioggln0 provides a data log printout of Ihz current production status at
usor defined intervals (1 io 99 minutes). The log shows the dale, time, plant name, mix
I.D., target rztos, actual rates, tons of each malerlal used, moisture percent and plant
status. An OkldAa Microline 320 printer allow lickcl printing of up to (4) copies on NCR
lype paper.
A remote plant troubl,9shooter system is provided to assist the plant operator in the
analysis and correclion of asphalt plant problems.
The system provides the eclinvalent of an ASTEC field engineer being at your plant site and
obsorvino the plant computer In operation. Through the use of a telephone modem, tho
oporalor can pfaeo a calf to the ASTEC Technical Servicss department. The system then
allows (he same display screen (hat the operator is currently viewing to appear on a
rcpcaler display screen at the ASTEC facility.
Visual as well as vorbal communication between the plant control room and (he ASTEC
field engineer Is now possible, New screens can be displayed on the PM -96, calibration data
revlewed or system diagnosis can be analyzed, and all the lime, the plant remains
operational.
C
$771000.00
1-1 J 9G
1 UE 09; bd All rhJ I tU 6HL[.3
019198
A3TI~C Proposal Number; 98PH005Z
Angel Brolners Enterprises, Inc., Baytown, TX
® IX, Ona Model TES-40 Total Electrical Syst>'rn /Relocatable Drum Mlx Plant
Electrical switch panels are complete with all swilchgear mounled and wired In NEMA
enclosures. Unless ofherwiso specified, all systems are designed for 3ph/60cy /460v.
All sysloms are wired In accordance with The National Electrical Code and are U.L.
approved.
All motors are open -drip -proof (0,1D.P.) wilts percentage amp meters provided on all over
20 HP.
Each component Is prewired in conduit to provide lowor and shorter cables.
All consoles are prewired and prernounled In control house.
(nlcrcormecting power and control cables with plug conneclurs are included for all IASTEC
furnished cquipmenl. The cables are a four -wire type and are neoprene coated.
Pluo -lype eonneeiors are completely insulated and lock together to form a tight
wcalhorproof connection.
Tile plugs and [heir corresponding receptacles are arranged so (hat the cables cannot be
irrlproperly connected.
X. One Model TA -30E Stationary 30,000 Gallon Asphalt Tank
The tank Is con.5trucled with 114' thick A -36 steel plate, and reinforced Willi angle rings
and cllannel sllifeners on the lank heads and built to U.L. 142 Slar.dards.
The lank is fully insulated with 3" of thick blanket fiberglass insura(ion.
The tank insufakon cover Is aluminum shell with a prepaimeo finish. The lank ends are
primed and painted steel.
A double walled, insulated bulkhead with dual tolls and controls Is provldcd to split the lank
info lwo compar(menls for the storage of liquid asphalt In both sides.
A polymer recirculation line will be Installed irl one (1) compartment for futuro mixlnq of
polymers. The One will ho blanked off with a blind flange. An asphalt pump will be
necessary 10 make the syslcm complete.
A 3' asphalt line inside the tank Is provided for asphalt overflow. A 3' asphalt return Inlet
and a 3' asphalt unloading Inlet aro localed on [he lank wherever the customer desires.
® A flanged esphall oulle( connec;flon is furnished and arran0rd so that during normal
operation the asphalt level cannot be drawn below Ilse hot oll healing coils. A drain valve is
furnished to drain the asphalt below the coils, if necessary, for service.
$63) 550.00
77 of 9R
JUiti u'i ' to IuL uJ' J, F111 .J lLV Jl[LLJ Z "
5 /9/46
ASTEC Proposal Number; SOPHOO62
Angel Brothers Enlerprlsas, inc., Baytown, IX
• X. One Model TA -30E Stationary 30,000 Callon Aspbalt Tank, continued:
Two (2) float and limit switches aro provided to allow for a hfph level alarm and pump shut
off.
Two (2) lank temperature chart recorders are provided and Includes a capillary to senso
the asphalt temperature. Also Included is a 7-day circular chart.
A lllreo -way electric, motor - operated valve Is positioned to allow hot oil to flow to the
tank coils when the lank temperalure conlroller senslnp the asphalt temperature calls for
kcal.
Tho hot oil coil assembly Wns the full length of Ilia tank In three banks of 10 runs each,
and the femperalnrr, controller acluales an electric operated bypass valve to control the
asphalt temperature.
Tne tank Is equipped with an 18' manhole vrith ladders for easy access in and oul of the
tank.
The lank support has saddles spaced at intervals and Iwo (2) channels that run the full
length of the lank to form a skid base.
A rear tank frame extension Is provided for mounting mc(ering system and AC unloading
pump. •
XI. One Model NCS -175 Helical Coil Not Oil Heater
The 1,750,000 8TU/hr (output) unit Is complete with a heat exchange helical coiled lobe
for a controlled flow design of rnaxlrnum Ihormal officiency.
The healer is fab6c3led from 3116' SIMI and is lined with a high temperaluro ceramic
blankat Insulation.
The conlrol panel has four indicating lights, Power On, Main Flama, Flame Failure and Limits
Closc, to alert the operator of any or all of (hose condlllons.
A plain circuit breaker and burner blower starter are included and wired In a NFMA 12
enclosure located on the heater,
The healer safely controls include the oil operating temperature control, the high
temperaluro oil limit, the low oil level cutoff and the exhaust slack high temperature Iimil.
An 80 gallon expansion lank Is mounted over the heater and is equippers with a cold seal
resorvolr.
The outside air does not come Into contact with the hot transfer oll. This reduces oxidation
and the re.sulling breakdown of the off.
A level control Is mounlod at the quarter level point to prevent operation with an unsafe
amount of oil.
$81,400.00
14 0126
® Xi. One Model HCS-175 Helical Coil Hot Oil Heater, continued:
3
519/98
ASTEC Proposal Number: 98PH005z
Angel Brothers Werprrses, Ina., Baytown, TX
The hot oil Neater will include a 2,184.000 HUN (input) No.2 oil burner providing a heat
output of 1,760,000 BTU /hr,
The burner Is a complete package with automatic controls, on -off firing sequence and a
Fireye Flame Monitor flame safeguard system, fiamc failure alarm, and a control
transformer, This unit has 42 descriptive messages to ssslst the operator in
troubleshooting any unsafe conditions.
The manifold runs the full lerlglli of the healer arld has flanged inlet and oullel connections
for supply and relurn of oil to auxiliary components.
XII, One Model HACC -1404 3" Asphalt Unloading Pump
Ono (1) 3' asphalt unloading pump package includes jacketed piping to a single
compartment lank, strainer, pump, 15 HP motor, base and mounting. The unloading pump
is complete with a starter for the molor.
X111. One Model HACC -1411 90 GPM Not Oil Pump (SIHI)
t9 One (1) 90 gpm hot oil circulalin um includes a 7 -112 HP rnolor,
l °� and is mounted on a skid halo. The ho oil circulating pump is corn plelel lh drive, belt
siarler for
file rnol�r,
XIV. One Model HACC -1421 3" Piping from Tank to Metering Package
Ono (1) 3" set of asphalt pfping Includes plping from lank to strainer, strainer to pump,
Pump to diverier valve return line to lank, 3' slralner and mounting of 3' asphalt pump.
$35,020.00
$12,180.00
$5,090.00
$-3,580.00
XV. One Model HACC -1425 2" Piping ttom Metering Package Outlet to Drum
One (1) 2' set 01 asphalt piping from the mclerino packago fo the drum includes 1 -1/2'
W oil piping and riold trot oil jumpers,
$5,440,Od
519198
ASTEC Propo,al Numhcr: 98PHOO52
Angel Brothers Enterprices, ink., soylown, TX
XVI. One Model HACC -1430 3" Plping Metering Package to 2nd Compartment
3' piping to second comparlmcni includes 1 -112' hot off piping and rigid hot oil juinpers.
Includes two -way valves to allow for tank selection.
XViI, One Model NACC-1435 3" Piping of AC Unloading Pump to 2nd Compartment
3' unloading plping to 2nd comparlment Is mounted rigid on lank. 1 -1/2' hol oil piping and
flexible hot oil jumpers; (2) Iwo -way valves for comparimc it selection.
XVIII, One Model LA -100 1,000 Gallon Liquid Additive Tank For Drum plant
The liquid additive syslem includes a 1,000 Gallon storage tank with healing system, gear
pump with 1/2 HP DC motor, and electric swilchoear and a blend control slaved to the
aspliall liquid flow.
The syslem conlinually blends a speclfiud volume of anllstrip or other lfqufd additives into
the asphaltic cement as if enters the drum.
The 1,000 gallon lank is fabrfcaled with 3/16" slnol plate, and It is 5'- 0 -3/8' In dlamcicr x
8' -0' Iona. A 15' x 18" lop manhole can be' used for filling the lank from drums and a
standard 3' Coupling with plu0 is provided for filling by tanker. The entire unit Is mounted
on a skid bas (,.
The tank is venled to I.ho atmosphere throu0h a 2" 180" Iona radius ell which prevenis
rnolsture from entering the tank.
A 112 HP DC driven gear pump is used to supply liquid addilivo to the asphali line.
The pump receives a signal from isle AC blending system control whlch drives the pump to
the spCclfled percentage of additive that has been set in the control house by the
operator.
The control will start and slop the pump at the same time the liquid asphalt valvo opens.
Two (2) 112' pate valves are locafcd at the front of Ifie tank. One valve Is used for
ob(alning test batches vlhen calibrating the cquipment. The other valve Is used as a cut-
oil of the supply of additive liquid to the plant.
A 1/2" line Is connected to the second valve and piped to lho plant AC inlet pipe at a point
just as it enters the drum.
is The connection at the Inlet pipe should be tangential ( at Ieasl a 450 'Y' conneclion ) to
reduce the possibility of a backllow of AC Into the additive system.
$3,830.00
$1,680,00
160126
JUN -09 798 T UE 09:59 Ate AS T EC SALES
FAX NO. 4238874b3o
r. � Ji J�-
1503/ae
ASIEC Proposal Nom5ar: IOFHU052
Angel Brothers fnlerprlces, Ina., Bay(own, TX
10-Vill. One Model LA -10D 1,000 Gallon Liquid Additive Tank For Drum Plant,
Continued;
The additive system is a complete unit rcady for operation when supplied with 440/3/60
current and when pipin0 and control wiring connections to plant are complete.
It Is recommended that the customer jacket thr; additive piping to keep the liquid at flow
temperature. A check valve should be field ln. tWlcd to aid In preventing back flow.
Tho lank is equipped whit hot oil coils and the lamperalure. of the additive is maintained to
a set degree by an indicating temperature controlier. The controller is connerled to an
electrically actuated 3 -way valve which controls the flow of thermal oil through tho coils
in accordiince with the desired temperature of Iha additive.
The system is equipped with a nonrasellable meter to monitor the amount of additive
bring used.
W. One Model RRB-814 -50 Single Compartment Relocatabfe Recycle Feed
System
The lop opening of the bin cornparlment is 8' -0' x 14' -0" to arcommodale larger loaders.
The bin compartment has a struck capacity of 20 Ions and a heaped capacity of 20 Ions
based on material weighing 100 pounds per cubic fool.
The lop lip of the bin walls is heavily reinforced %vilh 4" x 8" steel tubing for added
strength.
A 4" x 12" bar grizzly is provided to scalp off oversize material or debris and is mounted
on lop of the recycle bin.
I The bin walls are fabricated with 1/4' IhiCk steel 01210 and are reinforced with heavy -duty
channel sliffeners to provide rlgld bin wall support and longer bin life.
Steep 58° walls sloped to a self - relieving discharge opening provide good material flow.
The bin is equipped wilh an air cannon to inject interrnilleni burls of compressed air to
enhanco the [low of malarial when using wel or sticky aggregales. The air cannon Is
Inierfocked to The material flow indicator to allow automatic oporallon In the event of a no.
flow corididon. A manual overrido switch also allows the air cannon to be turned off or to
run continuously at the operator's discrallon.
A single clam gala ai the bin discharge is adjusted easily by a ratchet adjustment to ensure
® gale position under the most adverse conditions, and even wllh a full bin.
Heavy 1/2° (hick rubber skirtboards have a long life and a quick adjustment fealure to
help keep spills to a minlmum,
$15,180.00
17NW
619198
ASTEC Proposal Number; 98PHoo92
Angel Brothers Enterprises, Inc.. Baytown, TX
• XIX. One Model RRB- 914 -59 Single Compartment Relocatable Recycle Feed
System, continued;
The discharge opening is 12' -9" long vrilh a tapered width from 26' to 30" to reduce
brldging of the aggregates.
The Melt feeder is 36' wide x 15' -3' long with 4" diameler support rollers on 4 -112" centers
for better bell support.
The feeder frames arc braced and cross- braced to ensure acmale alignmcnl for
adjuslmeni of bell lenslon and tracking.
The belt feeder has a lag jet! head pulley to provide positive traction and self - cleaning fall
pulley to reduce material build -up on the bell. Tha head pulley and tall pulley arc 16' In
diameter.
The bell leerier drlve is 7 -112 HP eddy current variable speed for a wide spool range for
total and proportional control. A tarh generalor on lice lail shaft Indicates Rpm's on a
diQital display and provides feedback for accurale feeder control.
The belt feeder discharges directly onto a 30` conveyor [hat transports the malarial to a
4' x 8' scalping screen.
The Inclined conveyor to the screen is 30' wida x 40' -0' Toro with a 16" diameter lagged
head pulley and a 12' dianre(er slatted tail pulley.
Tho Inclined conveyor has 4" diameter, 350 ball bearing troughinQ idlers on 4' -0' spacings
(1' -0" spacing at loading po(n)s) and 4' dia,neler return idlers on 10' -0' spacings.
Tho inclined conveyor has a 7 -112 HP shall mounled drive with a backstop to prevent
material rollback.
Tile scalping screen and Inclined conveyor to the drum are mounted on a second
relocatable skit! base.
Tho inclined conveyor to the drum Is 30' wide x 50' -0' long with a 16` diameter lagged
head pulley and a 12" diameler slalled tall pulley.
The inclined Conveyor has 4' diameter, 35° ball bearing (roughInQ Idlers on 4' -0' spacings
(1' -0' spaclnp at loading poinls).and 4' diameter return Idlers on 10' -0' spacings.
The Inclined Conveyor has a 10 HP shaft mounted drive with a backstop Io prevent
maiarlal rollback.
An air cylinder operated dlvert chute is mounted at the conveyor discharge to allow by-
passing 010 Arum for calibrallon or bin clean -oul.
® A belt scale is mounted on the Inclined conveyor and Is equlppcd wish a ceramic insulated
load cell with a ground strap fvr lighlning protection.
A gravity lake -up system Is Inslalled on the Incliner) portion of tho conveyor [o ensure
consistent belt lenslon.
19 nrM
l
6/0/96
AMC Proposal Nurnbor; OaPHD05E
Angel 9rothon Enlorptises, Inc., Baytown, TX
XIX. One Model RRB- 844 -50 Single Compartment Reloeatable Recycle Feed
System, continued:
Feedback signals from the bell scale and a tachometer mounted on the lension roll of the
gravity take -up system are relayed to tho control system 10 achieve blending accuracy.
The melt guards on all drives are easy -fil with open mesh for ventilation and observation
while maintaining safety.
The star[ -slop station with digital RPM Indicators and indicalinp Ilghis Is dcsipned Io be
mounted in the control center while the power panel Is mounted to the frame of the bin In a
wealher -tighl enclosure.
Tho recycle system is prewired in conduit at the factory, reducing the amount of eagle to
pull In lho !fold, and the system is equipped with a steel plate foundation to eliminate 1113
need for cumbersome timbers or concrete piers.
$144,540.00
Each cone is fully HOW with 112" lhick ceramic to provide long w?ar life.
NN Prlce ... ADD... 03 000
FlCS-175
The hot oil healer is equipped with a 2,188.000 BTU /hr combination gas /oil burner
providln0 a heal output o 1,750,000 BTUlhr.
3 �D_Tv,4- 3 —f— 14--O >�� Net Price ... ADD ... i0.i�
® ll
S G -4 -?a
Sub- Tolal:
less 9110
s2,220,060.00 ✓
28 Discount .
4621,620.00
7-- vet Price, blew Equipment:GO
5` b ,—
B � .c[n��rel , ; to Baytown, TX:
Total Net Prlce, FOB Baytown, TX:
$1,667,440.00
OPTIONS:
- 7 Z0....
_ /v im 44
MG- 2 -400A
Each cone is fully HOW with 112" lhick ceramic to provide long w?ar life.
NN Prlce ... ADD... 03 000
FlCS-175
The hot oil healer is equipped with a 2,188.000 BTU /hr combination gas /oil burner
providln0 a heal output o 1,750,000 BTUlhr.
3 �D_Tv,4- 3 —f— 14--O >�� Net Price ... ADD ... i0.i�
® ll
S G -4 -?a
-v 1111 'J L/ 1 `IV J
.1
e rsra a
ASTEC Proposal Number; 98PHOO52
Angel Brothers Enterprltes, Inc., Elylown, TX
0 RRB- 814/30C In Ileu of RR8- 814 -50
Relocatabla 8' x 14' recycle bin and feud system with 36" bell feeder with 7 -1/2 HP eddy
current drive, 6" x 5' bar grizzly, 4' x 8 scalping screen, swinghammer crusher, 24"
rolurn conveyor, 30" incline conveyor with gravity lake -up, weighbridge and drum bypas .
Net Price In lieu of RRB - 814- 50...ADD... $74,060.0
PM- 96A -1 -TS
Fuel monitoring is provided with the PM -96.
Net Price...ADD... --�W76.Q0
Electricity consumption mclor allows compuler to calculate cost of KWH per Ion.
Net Prlce...ADD...
ROB-300T
C]
A 96.8 million BTU Hauck Starlet model SJ -520 combination 023 /011 burner ellminales the
costly combustion chamber and ignillon tile:
The aulomalic burner control has a micro -amp meter, slarl -up positioner, and ono pen
chart recorder with temperature controls on the mix discharge chute and the exhaust
slack.
The 300 HP 3600 RPM hlph pressure (36 ounce) turbo blower provides primary air to
atornIZO the luel and secondary air moduialed to luol flow for more compiele combustion.
A posilive displacement, fuel oil pump ,vilh 3 HP drive Is provided.
Net Price In lieu of f2 oil...ADD... S
The burner will have a steel housln enclosure with an access ccess door. Three (3) 30' ASTEC
designed mu111er9 are mounted on the enclosura. A fourth muffler is mounted at the
combustion blower Intake. By using this unit, the noise level is significantly lowered.
Net Price—ADD... 1,340.00
20 or 26
5/9/98
ASTEC Propooti Numsor: OSPHOO52
Angel Grother9 Entarprfies, Inc., 9ayimp, TX
CUSTWER RESPONSIBILITIES
® The following additional ttsms will be required for placing tho equipment Into operation. These Items are the
responslbHy of the customer.
Foundation, grout, anchor bolts, weld plates, all foundation- related materials
• Erection and /or Installation
• All Incoming power to main power panel, Including sire rnaln disconnect and electrical metering system
• Air lime piping
• Fuel tank
• Fuel piping
• Heat transfer oil
• Lubricants for reducers
• Hot oll piping
• Sales Tax
• Groundino system for all equipment
• Concrete /asphalt for foundations
• Scale cerllflcation
• Permits
• Site Preparation
• Clean up of site after erection
• Any other items not specilied in this proposal
°Heavy equipment for handling raw materials
°Additional Responsibilities of Baytown $375,000,00
Asphalt Materials, Inc, For Placing
Facility Into Operation Which Are Not
Covered Under ASTEC Industries Agreement..,
•
614198
ASTEC Proposal Number: 98PHOU52
Angel Brothers Enlejprlsas, Inc., Bay {own, >X
SERVICE
The Company will furnish a serviceman to provide technical asslstance In the erection and/or setting of the
equipment furnished by the Company and to assist and Instruct the employees of the Purchaser In tfie starting
up thcrcof, for a period not to exceed 14 working day(s).
It the time required by the service man exceeds 14 working day(s), and the delays are not causer] by the.
Company, these services w11I then be charosd to the Purchaser at the rate of 5650.00 per day plus all travelln
expenses enroute to and from the site of erection and/or setting. 9
The serviceman shall report for duty on five (6) days' notice to Company, and if throuoh the fauft of
Purchaser he is delayed in beginning or prosecuting his work, Purchaser shall pay Company, in addition to any
other payments due hereunder, the amount of $650.00 for each day of time so lost, plus expanses.
MOVING THE EQUIPMENT: Purchaser shill furnish the necessary facllltles, labor and materials for
convoying the equipment from the point of delivery to the site of Inslaffatlon, and placing same on point of
erection and/or setting. The equipment shall be set and leveled by Purchaser.
START UP: Purchaser shall furnish at the site of erection andlor setting the following: All labor, equipment,
fuel, mler, and electricity as roqulred for starting up tho equipment.
22 a(26
fi /919 8
A8TEC Praparal Number; 98PHaas2
Angel Brother? Enterprises, Inc„ Baytown, Tx
GENERAL CONDITIONS
PERFORMANCE CONDITIONS. Tho performance of.tho equipment covered in lhls proposal cannot be exactly Predicted for every
operating condition. In consoquence, any predicted performance data submitted Is Intended to show probable operal[ng r8suhs which may
be closel}I a00roAniated, but which cannot be guaranteed except as exprpSSly stated In the warranty clause herein.
POST- NEGOTIATiON ENGINEERING. Except a8 OMerwisc provided herein. Cogan( and PurcheseracknowiedQe and contemplate
u►at upon accopQnce of this ordor by Company, Company's engineering dappartmen willpedorm whatever angineenn anaysis and
design Is necessary to facilitate the ctfclent and effective operation and per' of tl� g
a equipment balnq furnished b Purchaseras
set forth herein, and will prepare whatever plant laYouts, drawings and design specifications are necessary to Company's discretion to
facilitate optimal performance. Company and PUfcflaS6r further ac�Cnow)edge and conlemptale that tills post - negotiation engineering
process may rosult In modihcatforr, or changes which may include, but are not limited to: modifications in con gg
anglos, or positions: changes in motor slzes: changes in equipment or plant confiVuration; and modificatlon9 off conveyor slshfhese speeds,
modifications or changes shall nol constitute a breach of contract by Company,
DRAWINGS, Company Wil furnish Purchaserwith necessary dr2Nings and instruction for enaction of the equipment, Company will not
be held responsible for design and /or installation of footings and/or other Items necessary for Installing the equipment unless otherwise
stated horein.
WARRANTIES. EXCept as otherwise provided herein, Company shall repair, or at lie option replace F.D.B. point of shipment, any
parts furnished haroundcr which within ninety mays fiom sr1ipn1ent are found to be defecliva in de slgn, workmanship, or material, provided
any operation of the equipment by the Purchaser flas been in accordance with paneralty approved practice as Instructed by Company
sarvica personnel or set brut in Company service Instructions, If any, grid provided that tlr3 Purchaser notife; the Company In witting
as soon as such dafact becomes apparent
Company makes no w3rran5es or guarantees as respects parts or equipment not manufactured by Company, Including but not Ilmltad
to diesel engines, motors, ecelos, speed reducers, and other asscmblie;, valves, sofenolds, and other parts and accessorfes. Llnars,
castings and furnece rotractodes, which aro subject to wide vafiatforls or destructive service, are not covered by this warranty and
aro a maintenance rosponslbility of Purchaser from the beornniog of operaucn, unless special warranties are cxpresSly extended as
special provistons of this proposal.
EXCEPT AS ABOVE STATED SELLER MAKES NO IMPLIED WARRANTY OF MERCHANTABILITY, NO IMPLIED WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE, AND TIIERE AFIE NO EXPRESS WARRANTIES EXTENDING BEYOND THE
TERMS HEREOF, THE PARTIES FURTHER AGREE THAT CO�V PANY /SELLER IS NOT LIABLE TO PURCHASER FOR
SPECIAL, INOtRECT, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO
LOST PROFITS, RESULTING FROM ANY BREACH OF WARRANTY Or ANY TERM OF THIS CONTRACT.
INSURANCE. Until equipment Is accepted and the price is paid In full, the Purchaser shall provide and maintain Insuranca to tare total
value of 1118 equipment delivered hereunder against customary casu?Ities and risks, Including fir, and explosion and shalt also Insure
against Nab;llry for acc,dcnts or injuries to the public or to empfoy9es, in the naves of Ufa company arid me pur�asar, as their Interest
may appear and In amount3 satis�tetory to Corn �aany, If the Purchaser fails to provlda such Insurance It then become; the purrlraaer's
(osoonsrbrli(y to notify the Company so that U e Compa;ry May prnafde s3rne, and the cast thereof shall be added to the contract price.
All loss resu t'lno from fallure to effect such Insurance shall Oo 2ssur119d b tho purchase(.
aser.
SECURITY INTEREST; COST OF REGORDING, The Purchaser hereby conveys and grunts to the Company a security Interesl in
the equipment to secure payment by 6)a Purchaser of all amounts due hereunder including the purcNse price and such other debts,
obiipallons and liabilities of thl Purchaser to the Company which may now exfst orhereaP,er arise, MleUier absofute or contingent, or
primary or secondary to ether with all extensions or renewals for the foregoing and nli expenses. legal or omerWse (lnciudinp court
costs and attomeys Nees) incurred by Company In collecting or endeavoring to collect any or all of cite fore Ofng, in protsdn a
c011810ral and in enforcing this contract. The equipment shall remain ersonal ra g
annexation of any of the equipment to realtryy p gg p P pony in all respects notwitfrs�ndnq the mar�beryof
Company to perfect its sacurrty interest in the equipmancalncludtnq but notUrnitedrto Tina �cindg9 etatemznt3r, c attef mo saaes de�e
trust, deeds to socurs debt, morfpags or other security instruments. Until der2trlt hereunder, Q purchaser may have p ages, de of the
equipment and use the seine In any lawful manner not inconslstsnt vrlth then general conditions orwith arry poll on Insurance thereon.
The Purcf><iser will pay the costs and taxes due for rocordiing and tflino any Flrancing, Continuation or Termination Stelernents with
respect b the Company's security Intsrest In the oqulpment or in connection with any of the other security documents roferrcd to above.
EQUIPMENT NOT TO BE REMOVED, As long as the security interest In the equipment Is retained by the Company, Vie equipment
shall not be removed from tha erection site and the PurChaser shall not permit, wfuntadly or Involuntarlly, the equipment or any part of
Ii to be sold, transferred, encumbered, Bitched, Seized or removed in any manner whatsoever,
® A
23 of 28
y ASTEC Proposal Number, 991`1`1r0052
Angel Brolherx Enterprises, Inc., Saytawn. TX
® GENERAL CONDITIONS, continued
DEFAULT. Upon default by Purchaser In the payment of tha purchase price or any portion thereof wh°n duo or In Ilia payment
or any ponion of any other Indebtedness secured under lhfs contract when due or In R lmsio of all
heraof, all unpaid amounts due Com nny shall thereupon be Immediately due and payable performance the Company SMI have the of am
romodles contained herein and the rights and remedies of a seared party undar UN Uniform Commercial Code of the Statd of
Tennessee or under the laws of any other jurisdiction as a court of compelent jurisdiction shall determine to 6e applicable, In the event of
default, the fgllpvAng pruVislons Shall 9pp y, �a) the PUXheser shall, upon request of the Company, assemble the equipment and make It
avallabte to the Companyat a place desrgna ed by the Company; (b) the Company may enter Purchaser's premises where any part of
the equipment is located, and take possession of and remove al) or any portion of the equipment br purposes of disposition pursuant
hereto; (c the Purchaser agrees teat sates for cash or on credit to a wholesaler relay or, or user or ropedy of the type subject to
agreement or at pubGo auction or privato sale are all commorcially reasonable, (d) the Coma shafP I j this
ttmo and place of any sale of any of the equipment or of tJte time attar which any private safe or any otgha Inter urcliaser notice of the
Is lobe made by notice, post-age prepaid and addressed to the Purchaser at lho fetes[ address Of Purchaser ap eanng on the records
pdod disposition thereof
Of the Company at least seven (7 days before the time of the sale or outer disposition, which provfsions for notice the Purchaser
CCoompany agree are reasonable; (e) any proceeds of any disposition of any of the equipment may be first a Iled b d and
Payment of expenses In connection with exercisln0 its rights and remedies hereunder, Including reasonable attorney $ l5 ppd ILegal
exf)cnses, and any balance of such proceeds may be as the Company may elect in its solo discrei(on; ((} N the sale or other disposition
egal
Of ills equipment tail$ to satisfy in full odliQations of Purchaser secured by Ellis aoraement, and the reasonable expenses of retaking,
holding• Preparing for Sala, surfing and the like, Includino reasonable allomey's fees and legz1
connection with this agreement or the obligation it secures, the Purchaser shall be liable for anydeficiency. rred 61e Company in
PERMITS AND APPROVAL. OF PLANS, Purchaser assumes all responsibility for securing any necessary9ovemmentRI approvals
Of the plans and specificatlons and any parmils raduired for the installation of the equlpmem, all at Purchaser s expense.
COMPLIANCE WITH APPLICABLE LAWS. Pulchaser assumes all resportslbill,y for comolylnn with all federal slate and local
statutes, laws codes, Inclutlons and ordinances In connection with the Instaliaf;on and o eralion of the equlprnent and any outer
activity related Occupational ional In ?, wltllOtrt limitalfon, the Environmental Protection Act and all rules and regulaJoris promulgate
U19 rounder me Occupational S?,ety and I Icalth Act and ail dries end regulations promulgated mereunder.
PATENTS. In d;ll event n Ify any of I,e squrpmen( specified in this proposal is ba;Cd Upon dasions of or
the Pctrchx5er shall lndemnity the Company for any loss or expense Incurred by it by reason of any claim for Inf �' the Purchaser,
SHIPMENT. It Is anticipated that Compar� wilf make shipment on or about 18 20 -� ngsment of paf�rrts.
that If Purchaseris Ind °fault of any of i� obligations under this Propo ?f Company masks a;seel {clop; w order
oldprovided, howev-r,
Pe�rmance of Its obt;0atlons and duties under this proposal until such time as s, Y further
event the anticipated data of shipment as sat forth herein shall be adiusted accolding y aThe Conbpzny um nyt the be abr a as f, in whIch e
tor, nor shall tho contract price, stzd herein, be reduced by arly dnlOUnt tJ @C�Lrc� .,
Which delay or postpone die anticipated dale sat forth above for a , „ry of any ma,,3rs beyond the control of the Compare
warli',ce acts, clvfl disorder, govemrnental restriction, acts of God, dot safe, ace, y
strike, lockout accidons freight embargo, fire, flood, inablli of nRd Eli of th� equlprnonL such mat ors inciudinq, but not limited to,
,;'ance of Unit,,d States governmental contracts,
nransportatian, or any unr'oreseen Kolar, soil or rock conditions. Co`np-riy to obtain nzr:essary maleriajs, supplies, labor fly
A detailed shipping list will accompany the bill of fadingq and Purchaser afire s to check this egtupmenl as It is uN
shortage against Company will Oe made In wriGnO within 24 hours of lime of unloading,
the person in charge of the unloudino, Claims for loss In transi( vrlfl ba made on the caier be followed by an affldav(t (if requireclaim
) f om r
Except to the extent omerwlse provided herein, Purchaser has full responsibility for erection fn�rlation
TRANSPORTATION AND DELIVERY, Transportation charges from point of shipment to point of destination shall be paid b Ill
Purchaser, who shall control the type of transportation and routing. y c
PRICE. FOB Baytown, TX: ehofl be
31, 667,940.ou(U.s.0,)
One million, zux hundred sixly•seven thousand, nine hundred lorry U.S. dollars and no cents.
The above- quoted price is subject to change prior to final acceptance of this proposal b
PERMS: 20"/, downpeymsnl wflh order. Y the Company,
` 80% when ready to ship,
oJ �J 14
J 1/ .;
f
ASTiC PropaaeI Numbof: 98PHtltl52
• Angel Brolhas Enlarprlses, fro,, Baytown, �
® QENE�AL CONDITIONS, t:on(inueti
LAVE CHARGES AND ATTORNEY'S FEE$, Purchaser agflrees That In the event any amount
Campy remains unpaid, a service charge of l,5� Per month ()ij�'o per ennuis) or any ostler ert'ot (or the hfghest rate of fntere
pp PaYdble by purchaser to the
all y law, whlchcver is less) shall accrue on such unpaid amount bepinning on use first (lst) day after such date
If the indebtedness, Including late charges, arising out of this or any other transaction between the Cam
the it hands of an attorney for collection or Is collectad b and titrough an attorney, the Purchaser will p`'ny and Pufchw IS At cdden
without limitation, court costs and reasonable attorneys Tees, pdY all Costa of collection, including
JURISDICTION, Purchaser hereby agrees chat suit on offs contract or an arty of the indebtedness secu24 under this Contract
ba brought In any State or Federal Court having Jurlsdction over the person or any r
State or Federal Court of or located in the State of Tennessee, and Purchaser IrI�VO��Iy property and sprees fo walV�lan any
may
Objection to Jurfsdretion of any such court and affirmofively consents and gores to the jurlsdictfon of any such court, arrcf appalnus the
SecreUry of Stclto of Tennessee, as agent for service of process on the Purchaser In the y
Slate of Tennessee.
POSTPONED DELIVERY, If, through no fault of NO Company, delivery is delayed or postponed, the Purchaser shall to the
Company any additional Costs incurred by Company aYs:n from such defzy or postpanemen4 and tf►e balance remainino u aid o
contract price, after g nts i effect to such adjustment 'Un become due and payable. The Punrhz59r shall prot,t't an of
against dam2tping agents In case of delay or postponed start up. p n �e
Y t� equipment
EXECUTION OF CONTRACT, This proposal is merely the solicitation of an orderand is not an otrar from the Company o the
Purchaser (even thouQl; exicutcd on behalf of the Company under °RESPECTFULLY SUBMITTED, and does not obli ate the
Compr;ny in any rnannerwha�oaver until this proposal Is both execute
Company as well as executed below on behalf of the Company as an ad �ptarlco of Such ord e t om�paCaaorder wade to the
proposafstdl become 3 binding contract between the Company and the Purchasar.
tlnle this
LAW CONTROLLING. This Instrument and all questions regarding the perfoimanca of Ula parties hereunder shall be cOntrolt ed by
the laws of tho State of Tennessee,
TAXES. Prices quoted herein do not include any Federal Sca:a orArunici z! Taxes.
United States, any sata or any municI aliry Company, In It$ oporlon, fs rlicip l to
manufacture, sate, use or assembly v the material described herein, the rice lo to aid bund„r exJstinq or future law passed by the
pe such tax, Impost or charge. The amount of such fncrza_e is to be paicj to Com any upon od�� If the in chased upon the
permits and the ntateriaf described herein i5 for resale, such information s to b Pad to be shop n by pmW. If the be Purchaser increased ld the amount
the Purchaser holds r2sa,'e �x
BACK-CHARGES. AND ALLOWANCES. Company shail r, � ha,.r.
alte,atlons made for Its account unfese authorized by Company In W iii gapes fo make any allotr,anCe for material, tabor, repairs or
INSPECTION AND ACCEPTANCE PERIOD. The Purchaser agree, to inspect the eRuiprpenE iMmed;atelY aft
event the equlpntant fs to be installed by the Company, Imm:diately, after such instafialbn b uid yy.
agreae that any claims which the Purchaser may have at any niaure whatsoever aiier such Inspection, Incfu In , but notary, to to the
any claims for nonconfomtlng. equipment or Improper y °organ Tire Purchaser also
De the Company within NINtTY ow calendar days af(e cluch dellvery or ins all, tionn((esidh�f 2cdeso ma be g 01 limited to
oertod being re ferred to herein as d�a - ep�ncs Period-), otherwise any such claim sf,ali be d Corn an�y) , steal be made in wr{tinfl
enforceable ag31n5t the Comparry except to the extent flat such claims come y ) (such NINETY- 2 day
w,thln the sco a of the warranty and short not be
RESPONSIBILITY of PURCHASER FOR OPERATIO,V OF EQUIPMENT p ry set forth above.
aubsequenf to the Acceptance Period shag be me safe and exclus,vg respo- The O of Purchaser, Any iPmoance
T Tha operation of the a ui
Company's reprasenbttiv93 during mo Acceptance Period in connection unite the preif Pn operations and debotr pros aria
and performance of the squlpment or In any other capacity slut! be givz I naaryry rendered by the
release Purchaser in any manner whatsoever from Its responsibility for p e°aaly fn a Consufbn or advise monsuatione of capacity
hold harmless the Comppany and ail em Eyevs of the Com tf 9 ry Pacily and sMI not
(ncluding, wltilout timitation, court cosks and reasonable aftomey's fees} a a giro 9 equipment. Purchaser agrees iD in ans n a
p�� /from an a sinngst any and all Ifabilities, damages, opligaUo� an�cllms
Wldlout 1rmlGng th9 penerdliby of fhe precedtnp sentence, the parses acknowledge and agree that if a claim ln0pe
the Company for defecate manufacture, design or the like and was t ►sat defe►mfned b as wl respect to I ot�a ration wa of tfte equipment
set�ed {such settlement bainQ wfth Purcha&e�S c°�sonq On a basis relating Eo (hen !� was broIm agalnst
Compary Would be entitled to Indemntff cation pursuant to tfu Provisions of the Preceding s� �nof cornpetenf jurlsdictfon or otherWtse
Qent operation or use of the equipment,
ce
•
75 m )t
�4
ASTEC Proposal Number: 98PHOO52
isAngel BrolhBrs Enterprises, fnc., BaYjpywll, TX
GENERAL CONDITIONS, con tlnued
NON- ASSIGNABILITY - COMPLETE UNDERSTANDING, The Ights and liabilities of the parties hereunder are non - assignable.
The co,nplele understanding is herein stated.
This contract Is made in Chattanooga, Tennessee.
RESPECTFULLY SUBMITTED
ORDER By
The fo1'eQ01n0 P o o9a s reA
l fthe6y offered
as an order by Purchaser.
ASTEC, Inc.
Dale. -
By-
Name: C. Ph.
Flolfman
il
- - Angel Brolners Enterprises, Inc., Baytown, TX
Ragional Sales Manager Nam a:_..
T1 tic: 1
ACCEPTANCE OF ORDER BY COMPANY
Tho foregoing order Is harobyaMpted at Chattanooga,
Tennessee, as of the date of acceptance.'
ASTEC. Inc.
Naaia: E. Gall Mize, Executive Vice- Prasident
ASTEC. Inc.
2S d 26
t �'1 a parCe! Or C_aCj Of !EnC CU: Of t.._ un_ ` -s=_En J ml ^.
Survey, Abstract 69,-Harris County, Texas; being a portion
of that certain 15.615 acre tract of land conveyed to Charles
L. Liggett et al by Mrs, Eda Donnelly, as described in deed
recorded in Volume 5716, at .Page 259, of the Deed Records
of Harris County, Texas, and being more particularly described
by metes and bounds, as follows:
BEGINNING at a point situated in the east right -of -Nay
line of State Highway 146 (Spur 201), said point being the
northwest corner of the above - mentioned Charles L. Liggett
tract, and the southwest corner of the Harkins tract;
THENCE, South 660 281 25" East along the north line of.
this traot and the south line of the Hawkins tract a distance
of 172.94 feet to the southeast corner of said Hawkins tract;
THENCE, North 230 46' 50" East along the east line of the
Hawkins tract, a distance of 100.00 feet to a point which is
the northeast corner of the Hawkins tract;
THENCE, North 80° 33' 03" East along the north line of
this thact Ln d the south line of the Kilgore tract a distance
of 383.28 feet to a point which is the southeast corner of
the Kilgore tract;.
THENCE,, North 090 041 14" Nest along the east line of
the Kilgore tract a distance. of 199.28 feet to a point in the
south line of the Jarvis tract, which is the northeast corner
of the Kilgore tract;
THENCE, North 80° 30' East along Ahe north line of this
tract and the south line of the Jarvis tract a distance of
1,274.31 feet Po a point in the west bank of Cedar Bayou,
which is the northeast corner of this tract;
THENCE, south 17° 07' 13" East along the east line of
this tract and thr west ban; of Cedar. ;Bayou a dist2nce of
154,65 feet to a point;
THENCE, South 12° 19' 50" East along the east line of
this tract and the west bank of Cedar Bayou a distance of
151.03 feet to a point;
THENCE, South 09' 54' 34" Nest along the east line of
this tract and the west bank of Cedar Bayou a distance of
208.67 feet to a point which is the southeast corner of this
tract and the northeast comer of the remaining 30.358 --sere
Char}ea L. Liggett tract;
THENCE, South 850 34 30" West along the south line of
this tract a distance of 1,722.74 feet "to a point;
THENCE, North 66° 28' 2Y West along the south line of
this tract a distance of 183.7: Feet to a point in the ee,st
right -of -way line of State Highway 146 (Spur 201);
THENCE, with the southeasterly right -of -way of Spur
330 and along the curve described thereof, said curve having
a radius of' 2,864.79 feet and being a 2° curve, a curvilinear
distance of 80 feet to the POINT bP 30INNING, and enclosing
a tract . or parcel of land containing 15,257 acres, Imo:! or
1 P. 5 S . UNIB(T !