HomeMy WebLinkAbout2000-IDA-15
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ORDINANCE NO. 2000-IDA-15
AN ORDIMABCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN 'INDUSTRIAL DISTRICT AGREEXERT WITH CBSL TRANSPORTATION SERVICES,
INC., FOR THE TERM CODENCING JABUARY 1, 2001, AND ENDING DECEMBER
31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. CBSL TRANSPORTATION SERVICES, INC. has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes.
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section 2. The Mayor, the City Manager, the City Secretary;
and the city Attorney of the City of La Porte, be, and they are
hereby, authorized and empowered to execute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City CQuncil was
posted at a place convenient to the public at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting.has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
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such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 28th day of August, 2000.
ATTEST:
~o.~
Mar ha A. Gillett
city Secretary
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Knox W. Skl.ns,'
City Attorney
By:
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City of L~ Porte
Established 1892
August 30, 2000
CBSL Corporation
Attn: Tom Heaney, President
4750 S. Merrimac Avenu~
Chicago, IL 60638-1439
Re: Indus~rial District Agreement (IDA) (Series 2001-2007). .
. Dear Mr. Heaney:
Enclosed is a fully ~xecuted duplicate original of the Indus~ial District Agreement between
your fmn and the City of La Porte, effective January 1, 2001, for the term expiring
December 31, 2007. I also enclose a ce~tied copy of the City's approval ordinance, for your
records.
This year's negotiations went very smoothly and I wish to thank you for your cooperation.
Both City Council and I appreciate the positive relationships with Industry that these
agreements have fostered.
If my o'ftlce can'ever he of assistanc~ to. your firm~ please do not hesitate to call.
Respectfully,
~~T.~
Robert T. lIerrera
City Manager
Enclosures
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
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MAY - 4211Xl I ~I
COUNTY OF HARRIS
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ASST. CITY MANAGER
OFFICE
NO. 2000-IDA-~
STATE OF TEXAS
INDUSTRIAL DISTRICT AGREEKENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and c./JI'L -r"4N.J'pp,,1".;rr~./"""f'e~I;JLr~
.!f'.#~. ,a /LL.I~PI.i corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the city of La Porte, Texas, to adopt such reasonable measures 'from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the city and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, city has enacted Ordinance
No~ 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battlegr'ound Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibi t "B", which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the Land previously annexed by
the city of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into' this Agreement wi th Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
. mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal AnnexatiQn Act and the
Ordinances of City~referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by city, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by city, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris county Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the un annexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of city.' s selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal p+operty.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or simili;lr form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III ( sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to ci ty an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company' s Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty if all of the
company'~ Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by city's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount 0:( ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by city's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located ~n the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicab1e Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each yearby the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of city's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on city in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/ or its assigns even
though it is not extended by .agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, '''plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to Ci ty in accordance wi th the
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foreqoinq provisions of this Aqreement on the basis of renditions
which shall be filed by Company.
When the City or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judqment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make payment to City of any additional payment due hereunder
based on such final valuation,' together with applicable penalties,
interests, and costs.
B. Should Company disagree wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
city of such disagreement. In the event Company does not qive such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the city with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good fai th negotiations in an attempt to reach an
agreement' as to the market value of Company's property for "in
lieu" purposes hereunder. If, after the expiration of tl?-irty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to' such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company' s valuations rendered and/ or
submitted to City by Company hereunder, or the total assessment and
"in lieu, of taxes" thereon for the last preceding year, whichever
is hiqher. .
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company' s property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and SUbsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into..a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is. in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
. X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agree~ent neither party hereto would enter into this
Agreement. In the' event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
car L -rr"v.L"flPY'141i'P.-../ ~e;vU..J
(COMPANY)
By: t/I.." -" .- ..... . ~. r, ~~~
Name: f~""'J~ /? /3 v.A/1l,~
Title: C 4> AtI'T...,IJ...."
Address: 4"")SO .r. /l'Jtr,./~4 '- A vC
t!.~llA~ D ~ J l- ~ C11. "1 ~
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ATTEST: ..M
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cit Secretary
By:
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Knox W. Askins
City Attorney
City of La Porte
P.O. Bqx 1218
La Porte, TX 77572-1218
By:
G?~ T~ ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471";2047
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"BXHIBIT A"
(Metes and Bounds Description of Land)
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"EXHIBIT A"
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TO INDUSTRIAL DISTRICT AGREEMENT
BETWEE~ THE CITY OF LA PORTE
AND
CBSL Transportation Servic~~. Tnc.
LEGAL DESCRIPTION OF PROPERTY
All that c::T't:un 11.0000 ac:,c (521,i20 sQU:1:c feet) tra~ of land out or tbe William
~f. laces Surv~y, Abstr:lct No. 48:!. Harris COUDty, Te:c:\.S. same being :1 par: at" Tract
2 of 3. 169ASO ac:e tract of l:md conveyed :0 ARea Pipe Line Company by Atlantic
Ricbiie!d Company by De:=d recorded in H:m-:~ County C!~rJc-'s Fil~ No. L848i94,
said 12.(]OOO acn: tract being more partiC'.llarly dest,.;bed by metes aml bounds as
follows: be:u-mgs a.r~ based on said Deed:
BEG~"'":\i1NG :It a 5/8 'ine iron rod so:: in the south right-of-way line oi Fairmont
Park"way (based on a width of 250 feet), at its intersection with the: \V~~t right~f-way
liue of Bay Park Road (based au :1 width of 100 fe::t), for the nonbe:.lSt comer oi
said Tr:lC: 2 and tbe herein desc:ibed tIac:;
THENCE. Stluth 020 2i' 59" E:lSt, :uong and ~ith said westrighr.of-way line, a
dist:.nc:: of 1020.01 fe::: to a Si8 inch iron rod set for the southe:lst corner of the
h~rei.n described tta<..'t;
-!:.~-,. .'". ......."...*.~I. . ........ .__'-"'~'r,'.,.-"...'.,.""~"':'':'-:;J>' i- ',".:l..'
:;':.-"'.1-;;:": . < ,. THE7''-E:E;~S6iH.h" 86" 52' 37' WeSt. de?arting ~ffom 'fiiia\ivest~;nghtl()f-W3Y lliie, a
distan~: or 512.50 feet to a S/B inch iron rod set for the Southwe:;l comer of the
h~:'ein d~s~ribed tr:lct;
THE~CE. North 02027' 59" West, 3. distance of 1020.01 fee: :0 i1 5/8 inch iron rod
s~t in the: said south right-ai-way line for the northwest ,orner or tbe:: herein
described tract;
THENC.E! NQrth 860 52' 3i" E:lSt, along and with said south right-of-w:lY line, a
dis~anc: of 512.50 feet and tetur:ri~g [0 me POINT OF BEGIl'iNL.'lG, and
cotH:llning 12.0000 acres oi land.
e "EXlUBIT A" e
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN TIlE CITY OF LA PORTE
AND
CBSL TRANSPORTATION SERVICES, INC.
LEGAL DESCRIPTION OF PROPERTY
A tract of land containing 2.3417 acres being a 100 feot wide
strip adjoining and being easterly to a 23.4072 Acre Tract
being part of and out of Tract II of those three tracts or
parcels of land comprising a called 169.450 Acres, all as
deacr1bed in Clerk's File No. L848794 in the Harris County
Clerk's Official Public Records of Real Property, in the
William M. Jones Survey, Abstrac: No. 482, in Harris County,
Texas; ea1d 2.3417 acres being ~ore particularly described by
meces and bounds as follows:
COMMENCING at found Copperweld ~umDer 2856, marking the
intersection of the south line of Fairmont Parkway (250 feet
wide) with the east line of a 230 foot wide Harris County Flood
Control District righ:~of-way for Big Island Slough as recorded
i~ Volume 82GO, Page 124 of the Deed Records of Harris County,
Texaa;
THENCEl, N 56 dee. 52'3711 E, along the south line of Fairmont
parkway (~50 feet wide), at a distance of 1,679.56 feet pass
the Northwest cor~er of a 23.4072 Acre Tract, and continuing
for a total dista~ce of 2,438.07 teet to.a S/9-inch iron rod
set for the POINT OF BBGINNING; same being the Northeast corner
of saia 23.407~ Acre Tract;
THENCE, N 86 deg. 52'37" E, continuing along the Bouth line of
Fa1rmcnt Parkway (250 feet wide), for a distance of 100,01 feet
to a 5/S-inch iron rod set tor co=ner, aame beir~ the Northwest
corner of a called 12.COOO Acre Tract, as described in Clerk's
File No. P001997 of the Harris County Clerk's Official Public
Records of Real property; -
THENCS, S 02 des. 27' 59" E, along the west line of said called
12.000 Acre Tract, for a d1st~.ce of 1,020.01 fee~ to a
S/8-inch iron rod set for corner, same being the Southwest
corner of said 12.0000 Acre Tra=e, on a northerly line of the
said 23.4072 Acre Tra=ei
THEN:=E:, S 85 deg. 52'37" w, along a northerly line of the said
23.4072 Acre Tract, for a distance of 100.01 tee~ to a 5/8-inch
iron rOQ set for corner, same being a reentrant corner ef said
23.4072 Acre Tract;
THENCE, N 02 deg. 27'39" W, along an easterly line of sai:i
23.4072 Acre Tra=t, fer a distance of 1,C20.01 feet to the
PLAC3 OF BEG!NNING, of a tract cor.eaining 2.3417 acres of land.
_ "EXmBIT An _
'ftIPtNDUSTRIAL DISTRICT AGREEMENT .
BETWEEN THE CITY OF LA PORTE
AND
CBSL TRANSPORTATION SERVICES, INC.
LEGAL DESCRIPTION OF PROPERTY
A tract of land containing 2.3417 agree, more or less, being a
100 foot wide strip being part of and out cf Traot II of tho8e
three t~act8 or parcels of l~d comprising a oalled 169.450
Acres, all as described in Clerk's File No. LB48794 in the
Harris County Clerk's Offioial Public Records of Real Property,
in the William M. Jones Survey, Abstract No. 482, in Harris
County, Texas, said 2.3417 acres being more particularly
described by metes and bounds as follows:
COMMBN'CING at found Copperweld Number 2856, marking the
intersection of the south line of Fairmont Parkway (250 feet
wide) with the east line of a 230 toot w1de Harris County Plood
Control District righe-of-way for Big Island Slough as recorded
in Volume 8260, Page 124 of the Deed Rocords of Harris County,
Texas;
nmNCE, N &6 deg. 52' 37'1 E, along the south line of Fairmont
~arkway (250 feet wide), at a distance of 1,679.56 feet pass the
Northwest corner of a 23.4072 Acre Tract, and continuing for a
total distance of 2,338.06 feet to a S/S-inch iron rod set for
the PLACE OF BEGINNING;
THENCE, N 86 deg. 52'37" B, continuing along the Bcuth line of
Pa1rmont Parkway (250 feet wide), for a distance of 100.0 1 feet
to a S/e-inch iron rod set for corner;
THBNCB, S 02 deg. 2"59" B, along the west line of a 2.3417 Acre
Tract out of the aforesaid 169.450 Acre Tract, for a distance of
1,020.01 feet to a 5/8-inoh iron rod set for corner, same being
the Southwest corner of said 2.3417 Acre Tract;
THENCE, S 86 deg. ~2'J7n W, for a distance of 100.01 feet to a
S/8-inch' iron rod set for corner;
THENCI, N 02 489. 27'591 W, for a distance of 1,020.01 feet to
the ~LACE OF BBG!NNING, of a tract eonea1n1ng 2.3417 acres of
land.
.
e
"EXHIBIT A"
TO INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
CBSL TRANSPORTATION SERVICES, INC.
LEGAL DESCRIPTION OF PROPERTY
METES AND BOUNDS DESCRIPTION
TRACT ONE - 4.6242 ACRE TRACT
A tract ofland containing 4.6242 acres being part of and out of Tract n of those
three tracts or parcels of land comprising a called 169.450 Acres, all as described in 0
Clerk's File No. L848794 in the Hanis County Clerk's Official Public Records of Real
Property, in the William M. Jones Survey, Abstract No. 482, in Hanis County, Texas;
said 4.6242 acres being more particularly described by metes and bounds as follows:
COMMENCING at found Copperweld Number 2856, marking the intersection of
the south line of Fairmont Parkway (250 feet wide) with the east line of a 230 foot wide
Hanis County Flood Control District right-of-way for Big Island Slough as recorded in
Volume 8260, Page 124 of the Deed Records ofHanis County, Texas; , .
THENCE, N 86 deg. 52' 37" E, along the south line ofFairmont Parkway (250
feet wide), for a distance of2,140.58 feet to a capped 5/8-inch iron rod set for the PLACE
OF BEGINNING;
THENCE, N 86 deg. 52' 37" E, continuing along the south line ofFairmont
Parkway (250 feet wide), for a distance of 197.49 feet to a capped 518-inch iron rod set
for comer, same being the Northwest comer of a 2.3417 Acre Tract, as described in
Clerk's File No. S939476 of the Harris County Clerk's Official Public Records of Real
Property;
THENCE, S 02 deg. 27' 59" E, along the west line of said called 2.3417 Acre
Tract, for a distance of 1,020.01 feet to a capped Sl8-inch iron rod set for comer, same
being the Southwest comer of said 2.3417 Acre Tract;
THENCE, S 86 deg. 52' 37" W, for a distance of 197.49 feet to a capped5/8-inch
iron rod set for comer;
THENCE, N 02 deg. 27' 59" W, for a distance of 1,020.01 feet to the PLACE OF
BEGINNING, of a tract containing 4.6242 acres of land.
- -
.
.
EXHIBIT IIA-111
TO AN INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE,
TEXAS, AND CBSL TRANSPORTATION
1. City and Company agree that the real property of Company, more
particularly described on Exhibit "A" of this Industrial District
Agreement, is presently unimproved, and unannexed to the City,
except for existing "strip" annexations, if any. City and Company
further agree that Paragraph I hereof is hereby amended, to provide
that during the term of this Industrial District Agreement, and for
such period of time that said real property remains unimproved,
that City will not annex said pJ;'opertYi provided; however, City
reserves th'e r-ight to conduct "strip" annexations as may be
required by law in connection with annexation of land other than
that owned by Company. Company agrees to render to City and to pay
as "in lieu of taxes" on Company's said unimproved land, an amount
equal to the sum of 100% of the .amount of. ad valorem taxes which
would be payable to City if all the hereinabove described property
of Company had been within the corporate limits of city and
appraised each year by City's independent appraiser.
2. The provisions of the preceding paragraph hereof shall remain
in full force and effect during the term of this Industrial
District Agreementi provided, however, at such time. as Company
commences improvements to Company' s hereinabove described real
property, Company shall be entitled to pay an amount "in lieu of
taxes" on Company's land, improvements, and tangible personal
property on the above described property, in accordance with
Paragraph III of this Industrial District Agreement.
3 . Company agrees that the real property of Company herein
described shall not be used as a.. site for' commercial hazardous
waste incineration, i.e., incineration of hazardous wastes
generated offsitei provided, however, City does not waive its
rights reserved under Paragraph I of this agreement.
4. Except as amended by the terms and provisions of this Exhibit
"A-1", the terms and provisions of the Industrial District
Agreement, to which this Exhibit "A-1" is attached, shall remain in
full force and effect .to.r the term of this Agreement, expiring
"! .} ~ ,.
December '31,;~'2007. :'
ENTERED ~eeff~~tive the 1st day of January, 2001.
CBSL TRANSPORTATION
By:
~../'. /J~:
Name: ~-t"wiA/ /! /3v"./)I.."
Title: c.b_ ,.,...I),J
.
.
"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
:4
e
e
"EXHIBIT e"
paqe 1 of 2
RULBS AND RBGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Hiqhway 146 shall be subject to the following rules and regulations
pertaininq to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit itA"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Hiqhway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildinqs shall not exceed 159 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
.. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146' shall be screened by one of the
following techniques:
a)
Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
\.
:.~
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
.
.
.
"BDIBI'!' cat
paqe 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs,' and ground cover
that after. 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
. public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the l~ngth of the
new development that is parallel to the roadway. . Screening
shall not be required for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be 'kept
free from any improvements except for approved driveway access
and identification signs.
For cases of ne~ ~evelopment or improvements where. a 50'
landscape easement is not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the city's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris county and provisions of the city's Code of Ordinances,
whichever is more restrictive. .
4.
Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5.
Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris county and City.
::"
e
e
City of La Porte
Established 1892
May 5, 2000
, CBLS Transportation Services, Inc.
. Attn: Tax Departmeni
4750 So. Merrimac Avenue
Chicago, IL 60638-1439
Gentlemen:
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Gentlemen:
Two executed originals of the Industrial District Agreement (IDA) were received from you on
May 4, 2000. While reviewing the documents for completeness, we noticed your firm did not
furnish an' Exhibit "B". If you warrant that Exhibit "B" furnished for the previous IDA
(Series 1994-2000) is current, we will attach the previous Exhibit "B" to both originals. If
changes have occurred, please send us (2) copies no later than June 1,2000.
Please indicate your acknowledgement and agreement by signing and returning this letter.
Once these matters are resolved we will present these documents to City Council for approval
and we will return an original set to you. If you have any questions or concerns regarding this
'matter call John Joerns at (281) 471-5020.
, Thank you for your cooperation in this matter.
Sincerely,
G?~ T. '*~
Robert T. Herrera
City Manager
Use previous "Exhibit B"
New Exhibit "B" to be furnished
Yes
o
o
No
o
o
(Company)
By:
Name:
Ti~e:
Address:
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
CBSL.
TRANSPORTATION ,\\.\\
SERVICES, ING. l.\"]
e
e
I:--r.~ '-Wi ..,.. .....r\
MAY ~. ~-,~::-lJ~
m
i':-
May 23, 2000
Mr. Robert T. Herrera
City of La Porte
PO Box 1115
La Porte, Texas 77572-1115
Dear Mr. Herrera:
Enclosed please find two copies of current Exhibit "Bn plat of surveys along with two copies of the
corresponding Exhibit "A" legal desaiplions for all parcels of land owned by CBSL in the Industrial
District. Please attach these to our current Industrial Distrid Agreement (Series 2001-2007). Thank
you for your assistance with this matter.
Sincerely,
~. /! /3~
Edwin P. Bunyea
Controller
4750 South Merrimac Ave. '. Chicago, Illinois 60638 · 708-496-1100 · Fax 708-496-0035
/
/'
,-'
e
.
CITY OF LApORTE
I N T E R 0 F F,I C E ....M EM -OR AN DU M
August 18, 2000
FROM:
Crystal Scott, Secret
TO:
File
SUBJECT:
Industrial District Agreement (Series 2001-2007)
7 companies were mailed an Exhibit A-I. This exhibit is for companies who have vacant
property at 100% tax rate. CBSL was mailed an Exhibit A-I and it was signed and returned
to the City. CBSL has improvements on its property, therefore, A-I was not necessary.
Knox informed the City that CBSL signing A-I will not hurt the IDA.
JJ/cns
.
.
15
City of La Porte
Established 1892
May 5, 2000
CBLS Transportation Services, Inc.
Attn: Tax Department
4750 So. Merrimac Avenue
Chicago, IL 60638-1439
Gentlemen:
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Gentlemen:
TWo executed originals of the Industrial District Agreement (IDA) were received -from you on
May 4, 2000. While reviewing the documents for completeness, we noticed your tipn did not
furnish an Exhibit "B". If you warrant that Exhibit "B" furnished for the previous IDA
(Series 1994-2000) is current, we will attaCh the previous Exhibit "B" to both originals. If
changes have occurred, please send us (2) coPies no later than June 1,2000.
PleaSe indicate your acknowledgement and agreement by signing and returning this letter.
Once these matters are resolved we will present these documents to City Council for approval
and we will return an orig~ set to you. If you have any questions or concerns regarding this
matter call John Joerns' at (281) 471-5020.
Thank you for your cooperation in this matter.
Sincerely,
<5?~ T. \-\:~
Robert T. Herrera
City Manager
Use previous "Exhibit B"
New Exhibit "B" to be furnished
Yes
o
D
No
o
o
(Company)
By:
Name:
Title:
Address:
p.o. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
'\ .v......; y
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MARKERS --- ---------------;-------------------------_'llr, ------------------------------------------------------------ ---- - =====:::: =::=::::::::::==::=:::::=:=====::= ========::=::=::=::=:=::=::=::=::=:.==::=:=~::=::==:=::=:=::::===:::::==:::::::::::::::::::::=:::==:=::::Siiiaii:ii&ii=::=...."ii_"i._==_i............'iii::iiiiii............'i._................'i..
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1/ II ,r/- - - - - - - ~~E_ - - - - - - - - - - - - - - : _ _ _ i _ _ _ _ __ _ _ _ _ _H~~:"~"_ _ _ _ _ -L _ _ _ -- _ _ _ _ _ _ __ _ _ -1-- _ _ _ _ _ _ _ _ ___ -l- _ -- _ _ I
----------------------------,-- I
/ CAlLED SO'.IDE EXXON PIPELINE, I I I
/,' R.O.W./EASEMENT PER FILE # : I
I I T611021 O.P.R.R.P.H.C. · : 'I I
/ -. CORRJDOR I ' : ,I I I I
I ~ MARKER" ' I
/ c. f,' ),," : I I I
I ' I I I I
CALLED 169.450 ACRE TR. lei' :, I
PER FILE # L848794 O.P.R.R.P.H.C. I / " o. . I
(ARCO PJPEL lHE CO. .8-29-88) ... / CD, ,
I 0 " ~~~ : · ,
I;:: I,' ~d~ : : I I I
I '- I I' ..., > 0 . .: /;. I I I
I ::.n~O: I ~ I
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I ~ I,' ~i~~ : : 0'; 15~~ : I I I
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/ 0 " -0';; I I ...... .....~ I
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I ,,'--l ) I,' : : ~~~~ ~~~:Il I " I
I ~ I,' I .....0.. ::)an~ I I
" I I 5an~ ~~... ,
I I ' : I ~:::- ~d'; I
I CORRIDal ---I " : : ~~~ >... , I I
I Q:_ER / : : :..~ I I I
/ r-.... II I,' : · TRACT ONE 0 .n I ~_. I I
I '--J I : · ... I o:xu' I
I C:J I,' : . g: ARE A = ~ ~ I ~~; I I
I '--t / / L II ~ : 4. 6242 ACRES - ~ I ~~S I I
II n- 1,/ . ~~. ~N~_ : '" I 9:wNci~,' I
~ ,- __ I (OUT CF 169.450 ACRE TR.PER I,.., ~ I
I ,~Q: 1.1 f FILE # L848194 O.P.R.R.P.H.C.. ~~U) I
I Q: I ,'!j .;: ARCO PiPEliNE CO. .8-29-88) I ::~: I
I r-.... I'::i ".. S -~ " I ~N' :~, I I
I '--J I,'~.o I Z N , I ~B ,
/ r \ /,' ;-.... AR E A : ~o I ~- I CALLED 12.??oo ACRE TR. ,
'-J ..,. 1 5 0779 ACRES PER FILE # P001997
I I I ;;~ · . , fI) I I O.P.R.R.P.H.C. I
' ~o (TRACT OUT OF 169.450 ACRE TR. · I (CBSL TRANSPORTATION.
/ ' ."::)~ I INC.. 12-14-92)
I 1,1IJfl: PER FILE # L848194 O.P.R.R.P.H.C.. . I I
I '-LJ ' ARCO PIPELINE CO.. 8-29-88) I I
I ' :e.ti I I ,
/, ."/ ~ I I
II < 3,t / ,7 :~: I I I
'--t ~ ~ I ' I ~;';! I I I
I ~ it / : ~~...~, I I
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I , I /' , , (f'-:l)I1UN ~~E , I
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I "> / / : SEE NOTE 2 ,
/ C)<- / / ~ I f~ ~
I ' r APPROX.LOCATI~ I'
/ ' , Of FLOOO CONTOUR \ ,
/~ ' lINE AS PER flOOD , ~ ~ I
/ ' : ] NSURAHCE RA\ TE MAP
I I " :, S0 "
I ~ I,' I j
I I"~ I,' : <j I
I ~ I,' : t, I '
I I ' : O~ I I
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I I / : I I
I / " :. I I
I I " : I I
I I " : r..:\'lI I I
I I " : \r I I
I I " I ~ ,:
TRACT SUBJECT TO BUILDING
I / ' \ LINE RESTRICTIONS PER
~ VOL. 5550. PG.215. VOl.5920.
I I " 1 ~ \ I PG. 165. VOl.8470. PG.238.
I I , H.C.O.R.
I ' ,
/ / " :,
I I " : I
I APPROX.LOCA.(F 10'+/- . I
I " RU.
WIDE TOP OF BE III
/ / / I
I 1/,
II I " 25'BUILDING LINE AS PER I i,'"
I I' I VOl..5550. PG.215. VOL. 5920. fc,fi),..1 !I~.
I I 25'BUIlDING LINE AS PER :_ _ /~~ ~6~~ ;~J~~~~ :G~2~~._ L~ (,~.~. t""~L~~"T"
I " 197. 49' 9-..,1" I,.ne I
I kl : - - - - - - - - - - - - - - - - - - - - -. - - - - S86- S2 · 37 -W 100.01 '
I I - - - - - - - - - - - - - - - - - 586" 52' T.
I t~~~ ------------------------ --------------------------~O<O~~1 ~~-;- : 1691t, (,-.f~~-- - ------.-- . ------ .
I . o~ 'S86.52' 37.W -\.~..,
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~"~I~ 61~ z
SURVEY '-
OF
A 0.323.7 ACRE TRACT AND A
4.6242 ACRE TRACT OUT OF
WilLIAM M. JONES SURVEY. A
t Ii/) Jl
Ex ~,tJJ /-:/
L r3t' L - C/~Y L7/.!. L ~ /Jp"'Jr ::r/JA
(250' R.O.W.)
ASPHAL T
EDGE OF
PAVEMENT
N
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....
,
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,
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~
CALLED 17.9648 ACRE TR. PER KOLB SURVEY. DATED NOV.- 98
OUT OF CALLED TRACT 11 (117.281 ACRE TR.) PER FILE #
R276416 O.P.R.R.P.H.C. (FOUR CORNERS PIPELINE co.. 1-1-95)
CAll
512. ;0' . ~'9h/ 5f'd:
N86~5~/,.y".n/~~ /...;.,~
/72'
/ ,j?#/ SM."
,,/. ... /'.?S/"q'd ~/1c.
TRACT
TWO
0.3237 ACR
/CI/. .
. -ri~18;;',.""1 p /?JN~; ~/'nt::!' - 7/ S,.7~ eI/ .c;'"c-
NOTES :
1. Survey based on I nformot I on prov I ded by :
Title Guaranty Company : _______~~~~~-~~~~-~~:------- G.F. No. --_!!~~~~!-----
. IN ZONE .X. (MEDIUN SHADING) -AREAS OF 500 YEAR FLOOIH AREAS (F 100
2. F t ood P 10 I n Des I gnat Ion. ~~~~T Ft~ WITH AVERAGE-DEPTHS OF LESS THAN 1 FOOT OR WJ TH DRAINAGE ~AS LESS
THAN 1 SQUARE WILE' AND AREAS PROTECTED BY LEVEES FROW 100 YEAR FLOOO. .
AND TRACT L J ES J N ZONE .x. - (WH I TE SHAD I NG) -AREAS OUTS I DE 500 YEAR FL(U) PlA IN
AS PER F.I.R.Y. PANEL # 48201 C 0940 J. 11-6-96 (SEE DWG. ABOVE)
3. UNDERGROUND PIPELINES/UTJLITIES SHOWN HEREON ARE PLOTTED USING BEST .APPARENT 4 VISIBlE.
EVIDENCE. NO PROBING Of PIPELINES/UTILITIES PERFORMED TO DATE.
4 TRACT SUBJECT TO AGREEMENT BETWEEN FRIENOSWOOO DEVELOPMENT CO. & ATLANTIC RICHFIELD CO. AS RECMDED 'IN FILE #
. E334151 O.P.R.R.P.H.C. (REPURCHASE OPTION RELEASED PER FILE. P034583 O.P.R.R.P.H.C. )
5. TRACT SUBJECT TO THOSE RESTRJCTIONS AS RECORDED IN VOL.S5S0. PG.21S. VOL.5920. PG~165. VOL.8470. PG.238. H.C.D.R.
& FILE # 0876057 . E334151 O.P.R.R.P.H.C.
6. TRACT SUBJECT TO HUMBlE PIPELINE CO. EASEaENT (LOCATION NOT DESCRIBED PER DEED) IN VOl.1150. PG. 543. & VOl. 3479.
PG. 308. H.C.D.R.
(. heu ch~4 el'0J1d: ~;;/1Y
CALLED 169.450 ACRE TR.
PER FILE # L848794 O.P.R.R.P.H.C.
(ARea PIPELINE CO..8-29-88)
PROPOSED 0.5923
ACRE EASEWENT
.-r I. DON DENSON. HEREBY CERTIFY THAT THIS PLAT REPRESENTS A
SURVEY MADE ON THE GROUND BY ME OR UNDER MY DIRECTION ON
JUlY 15. 1999 AND AT THIS DATE, THE FACTS AS SHOWN
HEREON WERE TRUE AND CORRECT.
P I at 1 . 6' 80S Is of DEED CALLS/SOUTH
Sool. I - 0 8ecrlnge I LINE FAIRWONT
Strveyed By : S./K. Drown By : G.A.H. Chec*ed By : 0.0.
:I
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LAND
SURVEYS, INC.
DATA
T.S.P.S. Category: 1A
Cond I t Ion: II
RegIstered ProfessIonal Lond Surveyor
Stole of T exos
"./~.'"
".""
HARRIS
COUNTY.
Date :
Land Plannlnl. Surve1lnl_ and "appllna Services
Don /JfJn6ai.
Reg.Pr<<tJSS10n0/.1JJnd SutVtljOf No. 2lJ68
STATE OF TEXAS
_latered ...... - Texoa
Sool-'Y of ~IClftCII ~
P.O.8ox B90027
Houston.Texas 17289-0027
OffIce (113) 643-8585
(281) 332-7050
Fox (281) 332-0950
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