HomeMy WebLinkAbout2000-IDA-48
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ORDXNAHCE RO. 2000-XllA-48
AN ORDXNAHCE AUTJIORXZXRG TIlE EXECUTXOR BY THE CXTY 01' LA PORTE OJ'
AN XRDUSTRXAL DXSTRXCT AGREEHERT WXTII DAllA' TARK COR'l'AXRER, XRC.,
FOR TIlE TERM COMHBRCXRG JARUARY 1., 2001, ARD ERDXRG DECEMBER 31,
2007; MAltXRG VUXOUS J'XRDXRGS UD PROVXSXORS RELATXRG TO TIlE
SUBJECT; I'XRDXRG COHPLXANCE WXTH THE OPER KEETXRGS LAW; ARD
PROVXDXRG AN EI'J'ECTXVE DATE BEREOJ'.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
DANA TANK CONTAINER, 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, incorpOl::-ated by reference herein,
and made a part hereof for all purposes.
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, p1ace and subject of this meeting of the City Council was
posted at a place convenient to the public at the city Hall 'of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chap~er 551, Texas Governmen~
Code; and that this meeting has been 6perl to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, cons.i~e:red and formally acted
upon.
The City council further ratifies, approves and confirms
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 22nd day of January, 2001.
ATTEST:
1)1tl1JJrJ.tfttuJ
Ma ha A. Gi lett
City Secretary
AP~~
Knox W. Askins,
city Attorney
By:
CITY OF LA PORTE
~~
Mayor
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;NO. 2000-IDA- 48
STATE OF TEXAS
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COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered int;o by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and Dana Tank Container, Inc.
, a New Jersey corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established poli.cy 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 i.s 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 "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 Exhibit "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 ]~and previously annexed by
the City of La Porte; and
WHEREAS, ci ty desires to encourage the expansion and growth of
industrial plants within said District:s and for such purpose
desires to enter into this Agreement l'li 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, 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 distri.ct 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 l;aid 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 prOpE!rty in the unannexed 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 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 authori.zed 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 I ieu of taxes" on Company's
Property as of January 1st of the curremt 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 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 Increiise 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 amc)unt of 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 accordanc:e 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 a1110unt 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 on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable 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 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 herei.nabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, ".plus (b) the total arnount of the "in lieu of
taxes" on the unannexed portions of Company' s hereinabove described
property which would be due to City in accordance with the
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.foregoing provisions of this Agreement 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 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 ~iith applicable penalties,
interests, and costs.
B. Should Company disagree with 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 app:raiser 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 Inarket 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 thirty (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 submi t the dispute to final arbi tration 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 1:he 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 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 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 I 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, subj ect 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
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 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 agreement 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 b! 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:
Title:
Address:
Ron Dana
President
210 Essex Avenue
Avenel. NJ 07001
ATTEST:
~LJLt ~j)f
CJ.t Secretary
By:
APP~~.o: ,
~uJ
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
d
By: Qo.~~. \;.l~
Robert T. Herrera
City :Manager
CITY' OF LA PORTE
P.O. :Box 1115
La Porte, TX 77572-1115
Phone:
Fax:
(281) 471-1886
(281) 471~:2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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, '~.,~:said,(.\ortheItV line. NOltlfaao 14 minutas 08 seconQS East. 1372.20'
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~__ . :~dS::East. 110.00' to a 5/8" iren rod set.for comer; ..:
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lHatse. leaving sald easterly line. Nar.h 5130 04 rnir.utes <IS seconds Wast,
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ltfENCE. with tha easterly line of S:l\O 8.672 acre Ira:t. Nerth 01 ~ 45 minutes 17
St,BCOnds West,' 449.97' to the point of beginning ar:d containing 4.835 acres of
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._:::~~_-=-::'~~;c=-~~~~:orHarrls County; T~lCas, salt:! 1Q.673.Clcras :::!ng'mdfe' particl..;lailY
~~~;ff;~~of.~.~.04l'dS:as 'oliows:' ,'. . ~'. ' ," , .' '.. .,
..f:Jj;<;::ffi,~~~IiIi!G ..i .'" : jion. pip. fOund' marking .... Norlhw'" cdtner '0; ';;." ,..'.r
-~c;~~~Af1J1r'~.~ s::'!r~"; '" 1O.';"i~~":b".Yjln. of_~s~ .. 'i ",
____=:..::~;:::;;.:~:.;;::.=;~=,:~-"- tha nar!berly hne or sasd 2,00 and 8,072 acre tracts. North 86. 14.,
:;f;'=-:';;~i~~~~299...... '0 a ~'8' ilOn <oj IDuna ""riilng lb. ~i;tlI1.asl,
.!.~.! ~ . '.. ~. . .. .
',' ':~~;:W:i~~' ~~ : easterly: line of sald' 8.672 ac '!:l5. SO'..th 010 45 minutes 17.
;::.';:_:'~!-;:,:......-".:....,;~~t;449.91' to a 5/8" 'iron rod found rnarl<ing the Soutnaast corner-: of
]'~;;'lf~~..#.~. ., , ..., .'
::;;,;, ~r~{ {'. ;~~PE~.with the' s~utherlY line of SalO 8.672 acres, S:::~h 880 13 ~lnutes 02 ~:
..;., ' ~s West. 8Q0:18' to a 518" Iron rod found for corner in ~he no(\nerl~ right.-oi-
__ ,cii;f..., ..., :,:w~.. of State 'Highway No. 225;
lliENCE. with said northerly right-of:-way iine. !!,"..~ following fr..l,;r (4) ~urses:
.. , .. ~
1.' " North, 190 43 minutes 46 seconds 'N~5t 18.11' \0 a 1,2' Iron rod, set for
, c;:~riier. the begil1ning of a CUN~;
i .
"..~ ' Along,tho !arc of a tangent curve to :he !elt. said curve t>eing su!:ltenced 0'(
. .'..' _'~ c~nlial ~gle of 72" 00 minulas 00 seconds" having a racH....s of 421.97'
.and an arp length of 530,26' to a 1i2" iror- iPC sei !cr corner:
3. SOU!h 87~ 37 minutes 56 seconds ,\;\1251. ~a,co' 10 .J li2" iron rod set for
corner;
4.
.,
Nortn 48" 31 minutes 05 sec.or:as Wast" 56.5i' to a ~:2' iron rod sat tor
corner in,lbe aforementioned easterly i!c;;nt-ol-way iine c.! Si:lns Read;
THENCE, leavin';), said northerly right-of-way Hne of Stale High.....ay 225 and~ith
sa\d easterly nght-ot-way line of Sens Read. r lorth 010 44 minutes .J3 seconas
West. 107.41' to the point of beginning and cOi'.~alnir.g 10.673 a~res of iand.
-
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GEORGE J. LAMB Be ASSOCIATES
RIlOl8TIlRIlD PROF'1!9910NAL ENOINEER8
1101 MAZA"D 'T. MDUnOH. T~.A' '77111' 71L. 111."111
DESCRIPTION OF SURVEY
A 2.937 acre tract or land out or Lot 10 or the F. A. Staashen
Subdivision, said subdlvl~lon being out of the Enocb Brinson
Survey, Abstract No.5, Harris County, Texas, with said
2.937 acre tract being more particularly described as follows,
to wit:
Beginning at a point In the West line of Sens Road;.(60' row),
said point also being located In the South line of a Houston
Llgbtlng&' Power Company 250' Easen1ent;
'. . ~.
, . l. .', ~
- '
Thence SOl 36'34"E along the West line of Sens Road, a dIs-
tance of 107,75 feet to a ,point for corner; .
Thence S43-23'26"W a distance of 56. 58 feet to a point for
corner, said point being located In the North llne of state High-
way No..225 (370' row);
. . .
Thence In a Southeasterly direction along the Nortb line of
state Highway No. 225 tbe following:
S 8ft'23'26"W a distance of 48.00 feet to a point;
Thence fo.lowlng a curve to tbe left having a central angle of
40 00100" and a radius of 421.97 feet, 11 dIstance of 294. 59 feet
to a point; ,
Thence S4tf23'26"W a distance of 188.05 feet to a,polnt;
Thence following a curve to the right having a central angle of'
It28'52" and a radlus of 341.97 feet, a: distance of 68.52 feet to
a point for corner, said point being located In the East llne
of a SeadrUt Pipeline Company 1. 271 ac~re tract of land as
recorded In Volume 4210 Page 476, H~lrrls County Deed Records;
e
-I
,.
.,
GEORGE J. LAMB Be ASSOCIATES
REGISTERED PROFESSIONAL. ENGINEERS
1101 HAtAIID 'Y. HounoN. YEXAI .,.,011 YEL. 1121.1101
Thence NOtJ29'24"W.~Qng tbe East 11m! of said 1. 271 acre tract
of land, a distance of 410.28 feet to a point for corner, said
point being located In the South line of the same Houston Light-
Ing & Power Company 250' easement;
'l'hence N88050'36"E along the South line of said easement, a.
distance of 559.00 feet to the place of beginning of this survey
and containing 127,957. 58 square feet.
o. ~
, ': .
. . .
C -346
.
.
"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
si te layout, showing all imp:rovements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
:~
e
.
"EXHIBIT e"
paqe 1 of 2
RULES AND REGULATIONS
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, 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.. 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 identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification :;igns for single tenant
buildings shall not exceed 150 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 Fairmcmt 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 ownt:!rs.
.
.
"EDIBIT e"
Page 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 length of the
new development that is parallel to the roadway. Screening
shall not be required for new develc)pment 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 new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with Ci ty to determine a sui table 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 Ordi.nances, 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.
,',
.
.
"EXHIBIT D"
TO THE INDUSTRIAL DISTRICT AGREEMENT
BETWEEN THE CITY OF LA PORTE
AND
DANA TANK CONTAINER, INC.
Company agrees to abide by all City's rules, regulations,
policies and ordinances regarding utility service unless
the provisions of the Water and Sewer Service Agreement
prevail or impose specific or more strict standards.
For any future expansions or improvements to the site
described in Exhibit "A" and "B", Company shall present
a site plan to the City of La Porte for review. Company
further agrees to abide by the concepts established in
the City's adopted F10l Master Watershed Plan by
providing onsite detention of storn~ater runoff for any
future improvements.
Company further agrees to participate in future planning
of water and sewer demands undertaken by the City or by
the La Porte Area Water Authority.
- . --.... -'-'-
TIe.rre. is 110 pveVl"Ou.s
Cx.h"' fa~ + \13/1 ~Ir AnY)
f.tt.irp~
-- --- - .. - --.- - -. - --
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John Joarns
Assistant City Manager
(;rs(;! /~ioD
~: 1:/!cI f?i2
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I Ui f: 'j ; NOV 2 7 2000 ,! ;' ~ ; i
/ LJL 1,1 ':
, , ,ASST. CITY JI.~,\NA'GER-l
I OFFiCE
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
ASKINS & ARMSTRONG. P. C.
ATTORNEYS AT LAW
702 W. FAIRMONT PARKWAY
P,O. BOX 1218
LA PORTE. TEXAS 77572-1218
KNOX W, ASKINS
.JOHN 0, ARMSTRONG
CHARLES R, HUBER. .JR.
BOARD CERTIF'lED ~ CIVIL TRIAL LAW
TEXAS BOARD OF" LEGAL SPECIALIZATION
CLARK T, ASKINS
November 21, 2000
Mr. John Joerns
Assistant City Manager
City of La Porte
City Hall
La Porte, Texas
Re: Industrial District Agreement
Dana Tank Container, Inc.
Dear John:
Based on your memo to me of October 23, 2000, advising that Dana
Tank Container, Inc. had purchased the former Dunn Equipment, Inc.
property, I have talked to Mr. Ron Dana, President of Dana Tank
Container, Inc., who confirms that purchase.
I enclose herewith Industrial District Agreement between the City
of La Porte and Dana Tank Containers, Inc., which includes the
former Dana property, and Mr. Dana has authorized me to also add as
Exhibit "A", the legal description of the Dunn Equipment, Inc.
tract of land. I also enclose a form of contract approval
ordinance.
By copy of this letter, I am requesting that Kathy Powell in the
city's tax office change the HCAD rendition on the Dunn Equipment
property to Dana, and also the IDA account.
~ truly,
Knox W. AS,kins
City Attorney
City of La Porte
KWA: sw
Enclosures
cc: Ms. Kathy Powell
Tax Department
City of La Porte
e
"
i
City of La Porte
Established 1892
February 16, 2001
Dana Tank Container, Inc.
Attn: Ron Dana, President
210 Essex Avenue
Avenel, NJ 07001
Re: Industrial District Agreement (IDA) Series 2001-2007
Dear Mr. Dana:
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,
Per your conversation with Knox Askins, Exhibit "A" furnished by Dunn Equipment for their
previous IDA (Series 1994-2001) was added to Dana's previous Exhibit "A" to complete this
agreement.
If this Exhibit "A" is correct, please note by signing and returning this letter: Also, please
forward a current Exhibit "B" depicting both the Dana property and the newly purchased
property. Please attach a copy to the enclosed IDA for your records.
If you have any questions or concerns regarding this matter call me at (281) 471-5020.
Thank you for your cooperation in this matter~
..
Use previous "Exhibit A"
New Exhibit "A" to be furnished
Yes
o
o
No
o
o
(Company)
By:
Name:
Title:
Address:
P.O, Box 1115 · La Porte, Texas 77572-1115 0 (281) 471-5020
'",
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TIE INTO EXISTING 4" UNE
FROM OFFICE PRIOR TO EXISTlNO
SEPTlC TANKS. USE 6" UNE
wrrn CLEAN OUT.
TELEPHONE
JUNCTION 80
TELEPHONE
LINES
LPG PIPELINE
SEE NOTE 1 5.
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to'. -1: Q " Iv*"
',r.-;"~~ 'STE.~~".~J.t;....
1VJt;:~ ~ ~p
..CITY OF LAPORTE
REROUTING OF SANITY SEWER
AND CITY OF LAPORTE COMMENTS
REVISION
II
II
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---------------------~-------------~-----------
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-- -- --- -- -- - --~- - - - -- - ----
-- 250.00' HL&:P CO. EASEMENT
~
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Ii C 2 GAS PIPELINE - AIR PRODUCTS
I 0 0 iH2 GAS PIPElINE - AIR PRODUCTS 0 · BENCHMARK: SEE NOTE NO, 11 '"
),~~.~ R~~Ltl:~ =- _ _ _ _ ____N.:~8.14.08~.~ 12~9.:~ _ _ _ _ _ -:- _ _I 0 : _ ..:-1' E.XIS0~~9~R< , ~. -=- _ -=- _ _ _ _.:-=- _ _--=- _ _ _~_ _ ~ _ ~ _ _ Ll~'_ UT1L1T~ ~ASEM~N~ -,- - - - - - '\.,- - - - - ~299.9~'_ - - - - - - -' - - - - - - - - - - - - - - - - - -- - - - - - =-=R
-\, _ _. . I. . - - ~ ~ - - - - - - - - - - - - - - - - - - - r - - - - - - - -L"::::;. - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - -
______ ~--------------- ~~~--------r--------------------------- i. r I ~ I
10' EASEMENT ____ -/ / II' Ii \ / : :
o D EXISTING ~/, FLARE EXISTING BUILDING EXISTING I: r-------~+-----+---~------------------------------~ i I
Fi 4.' WMEn UNE\ ~ i CQOROINA1E wmt PROPOSED BUILDING II I 'j / I "\. l~o'-' I
:_--._ ~ DANA FOR llE-IN MH '5 I, I i I I ~ ~CIO),
. :::~ . PUMP ROOM i :' I I I II "" II
~GROUND STORAGE TANK : ~~'mNG I I / f '" I
I I I ~ I HOUSTON PIPELINE CO. I
EXISTING I I: I I ,I f ~ 2'~.~ GAS PIPELINE
TER~~I~~ING 10' EASEMENT ~- -: . : ! I-- ! ~. i
PROPOSED ~___J~ I Ii g I I
, MH'4 ________WASTE WATER TREATMENT - - - : f (I) / ''n. : g
1~ -- CONTAINMENT FACILITY 1 / I :: I "" I ~
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f ~ I "\. Il.:;!
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----=
PRoPOSW
4"' Pyq FOOCE MNN
2 BURY
P /L CURVE DATA
6 n 72'00'02"
R ~ 421.97
T ::l: 306.58'
L ::If 530.27'
\
\
\
\
\
\
\
\
\
\
\
\ rEXISTING
\' 10"~ FORCE MAIN
\
\
\
\
\
\
\
\
\
TELEPHONE LINE
PROPOSED
f5'tf un ST^ 11 ON
I
, 1
200.00'
_ _ _ _ _ _ - - -- - L - - - - - - - --
DANA TAN\<
CON-rAiNER,
INC.
I
S.88'13'02"W. _ _ _ - -
--------~------------
LPG PlrEUNE~ '
SEE NOT E 15.
~
PROPOSED
FIRE HYDRANT W / VALVE
I
BORE a: CASE ,~'
I
EXISTING VALVE
_ _ _ _[~;IST:l~B~ WATE~INE \ \
II -- \
I '-EXISTING 42"
STO~M WATER SEWER
"
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;
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IF 8" WATER LINE IS CUT AT 42" CULVERT
THEN REPLACE AND LOWER LINE TO PROVIDE 4'
OF COVER FROM EXISTING VALVE TO 10' WEST OF
EXISTING CASING UNDER ACCESS ROAD.
, _________ END OF EXIST1NG
~ 10" FORCE MAIN
SIA.7t
H/GI-iW-
:.<1 y ')
<<5
FORCE MAIN &
GRA VlTY SEWER EXTENSIONS
AND TIE-IN
SEE SHEET 4.
NOTES:
1) Contractor to field verify location of all underground
utilities and pipelines prior to construction.
2) Contact utility coordinating committee 48 hrs. prior
to construction.
3) Contact City of La Porte Planning Dept. (28 -'j)
471-5020, ext. 229, 48 hrs. prior to construction.
4) City of La Porte Public Works Dept. shall operate
all existing valves. For coordination, call (281)
471 -9650, Curtis Herrod.
5) Hydrostatic test shall be conducted at 125 PSI for
no less than 2 hrs. per A.W.W.A. standard specifications
for PVC C-900 water mains. Water meter rnust be
provided to determine amount of loss during test.
6) Chlorine shall be placed in line prior to conlpletion
and thoroughly sterilized in accordance with A.W.W.A.
7) Trench top sholl be graded level matching adjacent
elevations.
8) Concrete thrust blocks shall be constructed at all
bends and shall attain 2500 PSI at 28 days.
9) Water line crossings at sanitary sewer services shall
require a 20' joint of pipe to be centered over the
sewer service.
10) Fire hydrants shall be "Mueller" or nAmericon Darling"
or an approved equal by the City Engineer.
11) All valves shall be left-hand-open/right-hand-c1ose.
12) All cast fittings sholl be mechanical joint ductile iron
& wrapped in plastic with ends taped & incidental to
the cost of the pipe.
13) All cast fittings shall be inspected prior to backfill.
14) Cement sand shall be 1-1/2 sack per ton.
15) MPP Liquid Pipeline - LPG Pipeline
Contact at (281) 470-4901 for location.
16) ..5lle. BeflGhl)1ark: Square cut in concrete,
Southwest leg of HL&P Tower, Located
25' north of and approximately 1367' west
of the northwest corner of this tract,
adjustment, Elev. 25.68'
17) Reference Drawing: Southtec Services Inc..
Project: SP-l
SITE PLAN
FOR TIE- IN LOCATIONS
EXISTING 8" f/J
WA TER LINE W /
8" PLUG
18.~ GATE VALVE
\ CUT EXISTINGI u:;'
ABANDON IN P~:C~
2
8"~ GATE VALVE
NO.
DANA TANK CONTAINER, INC.
LAPORTE, TEXAS
WATER AND WASTEWATER
EXTENSIONS AND IMPROVEMENTS
DETAIL
SCALE: N.T.S.
E9
7/2000
3/2000
DATE
~'I
:::::::::::::::::::::::::::l:::;I::A:::~:IK11:K:Itr:S::::::::
':':-:':':':':':':-;':':':'I:V:I:~I:'I::)s: :I~:'~:-:':':.
f<irr:illeNalN!!R1Nott
:;:::;:::::::;::::::CORPORATioKt:::::::
':':::~'~::~':'i~Q:':\~:~:'A~~;~:'~~':~::'i~'ti:::;:.:
ENGR.: W.T.M,J.
DRAWN: DSG
JOB NO.: 488
SCALE: 1" == 100'
DATE: 3 97
SHE ET
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