HomeMy WebLinkAbout2000-IDA-19
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ORDINANCE NO. 2000-IDA-19
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEKEN'l' WITH DRAGO SUPPLY CO., 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:
SectioD 1. DRAGO SUPPLY CO., INC. has executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 2001, a,nd ending DE!cember 31, 2007, a copy of
which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
SectioD 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.
SectioD 3. The City Council officially finds, determines,
recites, and declares that a sufficient ",ritten notice of the date,
hour, place and subject of this meetinq of the City Council 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
such written notice and the contents and posting thereof.
SectioD 4. This Ordinance shall be effective from and after its
passage and approval, and it is so ordered.
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PASSED AND AP~ROVED, this 28th day of August, 2000.
By:
.,cr~
~:ln L. Malone, ..
Mayor
ATTEST:
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a 1: a . Gille t. .
City Sec~etary
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. ox w. .Askin~ ,
City Attorney
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1JD AUG I 6 2000 I L~ .I
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NO. 2000-IDA-~
STATE OF TEXAS
COUNTY OF HARRIS
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INDUSTRIAL DISTRICT AGREEMENT
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 Drago SlJpply rf1 . Tnt""
, a TEXAS corporatl.on, 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 o' 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, (~ity has enacted Ordinance
No~ 729, designating portions of the area located in its
extraterritorial jurisdiction. as the "Battleground 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 Exhibi1: "A" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "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 desi~es to encourage 1:he expansion and growth of
industrial plants wi thin 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 Annexation Act and the
Ordinances of City::'referred to above, Cit:y 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 helve 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 th~ 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 prOpE!rty shall be determined by
the Harris County Appraisal District. Th.e parties hereto recognize
that said Appraisal District has no authc1rity 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 necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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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 writtlan description of its Land
and all improvements and tangible person.al 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 simil~r 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 addrE~sses 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 City an amount "in lieu. of taxes" on Company's
Property as of January 1st of the curr,ent calendar year ("Value
Year").
. D. Company agrees to render to city and pay an amount "in lieu of
taxes" on Company's Land, improvement~s 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 City if all of the
Company's 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 fClllowing completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been wi.thin 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 tan~;Jible 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 e)f 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 le,ased equipment, railroads,
pipelines, and products in st()rage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicab~e Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the city's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code. '
wi th the sum of 1, 2 and 3 reduced by the amount of ci ty' 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 addi1:ional 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 determinE~d 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 a.mount 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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foregoing prov1s10ns of this Agreement IJn 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 Com.pany has been so finally
determined, either as the result of final judgment 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
ci ty of such disagreement. In the event Company does not give 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 CIJmpany' s property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreE!ment was received by City,
the parties have not reached agreement af; to such market value, the
parties agree to submi t the dispute to final arbi tration as
provided in subparagraph 1 of this Arti(::le VI B. Notwi thstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year durinc.:r 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 I s valuations rendered and/ or
submi tted to City by Company hereunder, c)r the total assessment and
"in lieu. of taxes" thereon for the last preceding year, whichever
is higher. .
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 par1:ies 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 pra.ctice 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
ci ty 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 extelnsion thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to propert:y 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 ent:ers into..a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is. in ef:fect" 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 ~uch agre~ment 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.
By:
D~ SUPPLY CO., INC.
/~ . f2,~-jCOMPANY)
metJJoo.4. nri?J
i tl,~: President
Addr,~ss: 740 Houston AVe
Port Arthur, TX 77640
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ATTEST:
By:
Norman
Mayor
7!ZitL~
Knox W. Askins
city Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
BY:~~T. ~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Pc)rte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471";:2047
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"EXHIBIT A"
(Metes and Bounds Descript;ion of Land)
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EXHIBIT A-I
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146-09-2591
Lot Sixt.c:r.n (Hi) ..r tho ntr.lIn'l ::.,I,..i',h:i,,,,,
in tho Enuc:h nrjnllC~n :;utv~i', 1I.l,-,.i:1 C:I~lII,I.'I.
Toxas, accclrdl"'1 tu tho "1;'1' 0,. 1'1"1; th"," r.f
'. recordod 1n Vulumo 75, P090 22 of t.ho [,CI"'. n'JCOrdK
of lI~rrin Count.y, 'raxiul: And balII'I Inuro .~yrt.icull1rli'
described, in two tr.lcts, AS Col1ClW:J:
Trnct I: 9.303 bcros of lond In Lot 1", St.ron~
Subdivi.sion, &nClch fJrinson Survoi'. ^h:ltr;,c:t :'0. 5,
1I0rt-is County, "oxaG, IIccordjn~ to I;ho 111"1' t.hocc:r,r
rocordod in Vollllnn 75, p"cJc 22 or t.1I,' 1I.:a,.ci:; Count:!
Deed Rocords, .noto p~rtlculAr ly do:ocr il:.orJ AS
follows.
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Deglnnlnq At on lron rod in tho south 1ino of
Stranq Road locAted East 50 feat from t.ho oost
line of M111er eut off road and the wast linG of
said Lot 16,
Thonce East 473.3 foot alonq tho south 1ino of
Strang Road to an iron rod in the east line of
said Lot 16,
Thenco S. O. 02' W. 85G.I0 foot 11101\9 Lho C~Gt li.no
of said Lot 16 to on lron rod J n tho nort.h ri'lht
of way Uno of tho T. , N. O. Railco,ul Company
right of way 40 feet in width:
Thenca Wo'st 473.3' feet olong tho north linn of
said railroad dCJht of way to on iron rod loc.ltod
50 feat eost of the eAst line of Hil10r cut off
road,
Thenco N. O. 021 E. 856.18 foot Alonq A line 50 foot
east of tho oast lino of fliller cut of! I'uad to tho
placo of boqinning.
Tract II: ^ tract of land contoinLny 0.~U3 acros
and baing tho west fifty' feat of U)t 16 of Strang
Subdivision in tho Enoch Ddnson ttllrvey, lI~rds
County, Texos, accordinq to the Map or Plat
thereof rocorded at Volume 75, POql! 22 of the
Deed Records of IIArds County, ToxilS.
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Ibolll IS . IIII~ true. an,l Ctl",r,t PII"III,"phll' rODy ul tne UIIRlnl1
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ile Olilt1ol rublii'ner.p.;~s '"r ".ii ~i"l\.ii, in" ';1' Ollll'~ 1:11': P,~~:~ved
MI&;'oh!m, .n~ h..,.", MiClolilm idenllliullan 'Iumb., IS '1llIIped
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SHlftLtY A. NUGEtt.l
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'EVH r:R;r"T,- A:':' 2
, a~:~~~RE T~CT
KETIS~D BOUNDS DESCR1PTlOt~
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Dol~' a 2.101 acre (111.928 .q.f~.) ~rac~ of land comprlslnl
par~ of Lo~ 16, Stran. Subdivision (Volume 75~ Pale 22. Harris
Count.,. Hap Records) 1n t.he Enoch Brinson Surve:,. A-5. Harris
Coun~y, Texas. 'The 2.101 acre ~rac~ as surveyed by H. Carlos
Sml~b. Enlineera . SUrYeyors. Inc., on November 8 throulh 11.
1988. ls aore par~lcularly deacrlbed by ae~es and bounds as
fo110wsI
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CommeDclDI a~ a 1/2 lncb iron plpe found on t.he orl.lnal I
Za.t. rllh~-of-wa,. l1De of H11ler Cut. Off Road (based on a w1d~h ~
of 80.00 fee~) and the North 11ne of the 40 roe~ .,lde T. & 11.0. en
Ra11road rllht.-of-wa,.: aald corner belnl ~he 80u~hweat. corn~r of ~
t.hat oertaln Trac~ 11 a. oonve,od b, Pl10~ Indus~r1es of Texa..
Ino., to J.S.P. Properties Group on AulUs~ 23, 1878 (Harris
County Clerk'S rilo No. E 880450).
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Thenco.: last: coinoident wltb tho Soutb boundafY Uno 01
'Tract. II and North 11no of aald T. . N.O. rllht.-of-way a dls~ance
of 50.00 fo.t to a 6/8 lncb Iron rod so~ for tho Southweat corner
of thl. 2.101 acre tract and the POINT or BEOINNINO: and from
whlcb a cbaln link fence corner was found 2.1 feet Nor~h and 0.8
t .It "es,t~: :"':':'
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Thftnce, , 'Nortb 0 delrees 01 alnutes 48 aeelonds Eas~ (CaU
Nortb 0' de.rees OJ alnute. East) colncident. wl~b ~bo Eas~
boundar.r 11no'Df Tract II (Tract II belnl t.bo West 50 feet. of Lot.
18 a. awarded to Harri. Count.,. a. a ri.h~-of-way for construction.';
.ana .aintenance of a Count.y Road, Condeana~ion proceedlnl Cause
No. 26,448, and recorded In Volume 152, Pale 628. H.C.D.R.)'. and
tbe We.t boundary 11ne of Tract. 1 (Call 9.303 Acres) (H.C.C.F.:
.No. 1.880450): ,'dl.tance of 245.00 fee~ to a 5/8 Inch Iron ro~
set for tbe tlorthwe.t. corner of tbi. 2.101 acz'e t.rac~. r~'
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· ..,'~' r '. . Tbence. last: a distance ~t 373.18 feet t.o' a 6/8. incb iron
I, .... rod' ~et.. .fO~.~. po~nt. .for corner..' ':' :". .'
j: . .' :-"':The~c~.: North 88 Clelree. 12 mlnuie'. 09 seconds East: a
I :.. d1st.ance of 101.12 feet t.o a 5/8 inch 1ron rod aet. for t.he
I ..::.' Nort.beast. corn:~~,t.hi.. 2. ?01 ac~e tract.
i.' . . Thence~" .~:..lI\\ dep.Y.~~Ht"~i.nu~es 49 aee:ond. West. (CaU
l South 0 deBre4t ~O~~Ulil\Olt~W"I1:J: coincident ad ~h ~he Eas~ ,
. I ..,.. boundary Unea ,., ld~r"l)\ I_And Lot 16 and t.he Weat. bound",.y
,:.. '.> n::: o~o~o: ~:~at.d~~~:dlt ~~~,,~~~;,;t{:oi:c~/~r~~C~o~r::t.~:~
Bet tor. tbe SOI!ttMlI" rCorJ\W'i- oT='tI~S: '2..,01 acz'e trac~ and t rOM f
:,~.:.' .: .;. . which a chain Jlrh:;A~" 'oartl"\o~ wa. fou~d.1. 35 feet. Nort.h and . I
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. ' .': .,. Thenc:e, WdS'~61'hc!Ci.nt wit.b the Sout.h boundar, 11ne of
. .aid Trac~ I and t.he Nort.h line ot said T. . N.O. nailroad riBh~- ,
.' .of-wa,.: a distance of 473.18 feet (Call 413.3 fee~) to the 'POINT
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, TEXAS REGISTERED rUBLIC SURVEYOR tfO~' 4524 .;...-", .~2' o....~
DATE: tfOvf:r1DER J". 1908 ("n.r.?I1f"~~';'\ '
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THE STATE OF TEXA\; I
COUNTY OF HARI~IS
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"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.)
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DRAWN W.D.C. DATE 10-24-83
CHECKED DATE
APP D DATE
SCALE I = 100 8HEET I OF I
J08 NO. 217
CLIENT
AIR PROOUCTS AND CHEMICAL.S.I
CLIENT JOB NO.
HARWS
EtaH
COUNTY. T'EXAS
B~INSOt'J SURVE'Y.
A-5
EXHIBIT B
ITIIAN.
1I0AD
EAIT 471.1'
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HOUltON LIGHT. POWEll Co.
..,:2rJ WIDE EASEMENT
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PROPERTIES' GROUP
TRACT *: 709.32
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PRELl MI NARY'
PROPOSED PIPELINE CROSSING
PROPERTY OF
J.S. P. PROPERTIES GROUP
ENOCH BRINSON SURVEY A-5
HARRIS COUNTY. TEXAS
~ UNIVERSAL ENGINEERING
(, N l SERVICES INC
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DRAWING NO.
REV.
APCI- 709.32
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"EXHIBIT e"
Page 1 of 2
RULES AND REGULAT:[ORS
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 following rules and regulations
pertaining to new signage, screenin~J, driveways and median
crossovers. These rules and regulations shall apply after the
effective da~e of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state' Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identificaticm 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
buildings shall not exceed 15() square feet in area.
. One freestanding identificat:lon sign for identifying,
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identif ication si~Jns for .mul tiple businesses
shall not exceed 350 square fE~et.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign 'const:ruction 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 Fairml:>nt Parkway, state Highway
225, or state Highway. 146 shall be screened by one of the
following techniques: '
a)
Leaving in place existing treel;, 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. '.'
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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.
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"B~IBI'.r e"
Page 2 of 2
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A screening plan, to be approved by' the ci ty , that
includes a. combination of treef;, 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.. operatioll 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 length 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.
c)
in all cases the 50' strip, along th.e entire roadway frontage,
shall be dedicated as a landscape E!aSement and shall be kept
free from any 'improvements except fClr approved driveway access
and identification signs.
For cases of new development or improvements where a 50 I
landscape easement is' not available or practical, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways opening from said strip ()f land onto state Highway
-225 or State Highway 146 shall be subject to the rules and
regulations of the Texas DepartmE!nt of Transportation and
provisions of the City's Code of Ord.inances, 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 a~proval of both Harris County and City.
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City of La Porte
E.'illlhlishi!d 1 gl) 2
November 9, 1994
Drago Supply Company, Inc. .
Attention: George Bugel
P. o. Box 1647
Port Arthur, TX 77641-1647
Re: Industrial District Agreement (IDA)
Exhibit B
Dear Mr. Buge1:
Per our telephone conversation and your letter dated Feblruary 4, 1994, we understand that
Drago Supply Company, Inc. does not have a suitable Exhibit '"B" showing plant
improvements. Therefore, we will make other arrangements. If in the future you have' a site
survey prepared, please forward a copy to' us.
Once we decide on a suitable alternate we will contact you.
JI/jm
I'.t), I;"x /111 · 1..1 I" 'I'll', Tv:"I' 771i~ III =. · (il n -lil'1l)~l)
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City of La Po~te
. Established 1892
November 27,2000
.
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Drago Supply Company, Inc.
Attn: Joseph P. Drago
740 Houston Avenue
Port Arthur, Texas 77640
. ,
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Drago:
Enclosed is a fully executed duplicate original of the Industrial District Agreement between
your fIrm and the City'of La Porte, effective JanuarY 1, 2001, for the term expiring
December 31,2007. I also enclose a certifIed 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 ~d I appreciate the positive relationships with Industry that these
.agreements have fostered.
. If my office can ever be of assistance to your firm,. pleasf: do not hesitate to call.,
Respectfully,
~r:~
Robert T. Herrera
City Manager
Enclosures
P.O. Box 1115. · La Porte, Texas 77572-111.5 · (281) 471-5020