HomeMy WebLinkAbout2000-IDA-53
e
e
ORDINANCE NO. 2000-IDA-S3
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AG~EEMENT WITH PRIM~ ~ERVICE, INC., FOR THE
TERM COMMENCING JANUARY 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 O~DAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1.
PRIME SERVICE, 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.
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 off~cially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place 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, 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, considE!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.
e
e
PASSED AND APPROVED, this 22nd day of january, 2001.
ATTEST:
iJ,ott/@.. () i/;.!Ift
a tha A. G~llet
City Secretary
AP~~
Knox W. Askins,
City Attorney
CITY, OF LA PORTE
By: ~~~,
Mayor
f
2
'r
. .'
e e
NO. 2000-IDA- 53 {
{
STATE OF TEXAS {
{
COUNTY OF HARRIS {
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 ~E. 5~v\c.t. 'lNc..
, a 1)~~Ul~Q..E. 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, Ci.ty 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 flA" (hereinafter "Land") ;
and said Land being more particularly shown on a plat attached as
Exhibit "B", which plat describes the ownership boundary lines; a
si te 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 Districtf; and for such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of slaid 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 ci ty,:.referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
,
e
e
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 ::5aid 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 !:laid 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 thl~reon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, st:ate Highway 225, or state
Highway 146, shall be subject to the rule!:; 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 I~and 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 Ta>= 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 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 necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
2
'I
e
e
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 i.ncluding 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 similar form. The propertie~;' 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 0, 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 DE~cember 31, 2007, Company
shall pay to City 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 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 limi1:s of City and appraised
3
e
.
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 ()f 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 of ad valorem taxes
which would be payable to City if all of said new
construction had been wi 1:hin the corporate limits
of City and appraised by city's independent
appraiser, in accordanc:e wi th 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 i.ncrease 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 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 corporat:e limits of City and
appraised each year by the City's independent appraiser,
4
e
e
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 clfter 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 t.o 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 protef:;t 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 l:;uch 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 I s hereinabove described
property which would be due to ci ty in accordance wi th the
5
e
e
".
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 with 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
City 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 determina'tion 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 faith negotiations in an attempt to reach an
agreement as to the market value of Company i s property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreenlent 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 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 parti.es 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 prc)ceeding. 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 shelll hear and consider all
relevant and material evidence on that issue including
6
, . I
e
e
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 ac:crue 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 herei.nabove 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 tl:!rms, 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 th~ 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,
7
'. .
e
e
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.
1'~:tmlC. Se\t\l\c.~ T
7.J:j;)
By:
~
. ILIi IitM
Cit secretary
By:
CJr OF LA PORTE
~1~~
Mayor
iZI~
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
~--Lj\~
Robert T. Herrera
City Manager
CITY' OJ;' LA PORTE
P.O. Bc)x 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471~2047
8
'. .
e
e
"EXHIBIT A"
(Metes and Bounds Description of Land)
;~
-;0
..----;B~-:m~---..- ,-..- ---u---e-
(J,19(({;S';;?- E~'1:'::"157::;9" ""~:~.;.':;2 L 13 fJ 9.01.
~D
:I 73':92-.1753
GENERAL WARRANTY DEED
THE STATE OF TEXAS
s
s
s
KNOW A'[,L MEN BY THESE PRESENTS:
COUNTY OF HARRIS
THAT THOMAS' H. NATION, TRUSTEE, 'of the County of Harris,
State of Texas, hereinafter called "Grantor", for and in consid-
eration of the sum of TEN AND NO/100 ($10.0p> DOLLARS and other
)u
good and valuable considerations to him in hand paid in cash by
KINCO, INC., a Texas corporation, hereinafter called "Grantee",
the receipt and sufficiency of which is hereby acknowledged, has
~ GRAllTED, SOLD AND CONVEYED and by these presents does GRANT, SELl" .
;7. ,AND CONVEY unto the said Grantee, 4.80 acres of land out of the
I ~ Strang Subdivision, per map or'p1at thereof recorded in Volume ~
!J
75, Page 22 of the Deed Records of Harris County, Texas, more
particularly described by metes and bounds on Exhibit "A" here-
unto attached and made a part hereof for all purposes.
This conveyance is made and acceptl!d subject to:
a. A 1/16 nonparticipating royalty interest in and to
all oil, gas and other minerals which may be produced from the
above described property, as reserved in DEled reco~ded under
County Clerk's File No. D-876837 in the Real Property Records
of Harris County, Texas.
b. Reservation of all oil, gas and, other minerals on,
in, under or that may be produced from the above described
property as set out in instrument filed under' County Clerk's
~~...
File No. D-91239~,in the Rea1'Property Records of Harris County,
Texas.
F~~TURN TC: p .
~;~.~;,[:::' C~ .,~~~
/'
~- 3~1 q
'!t
. "'-e~--'-_--' -
- ---.~---e
:t 73':92-.1754
TO HAVE AND TO HOLD the above described premises together
with all and singular the rights and appurtenances thereto in any-
wise belonging unto the said Grantee, its successors and assigns,
forever, and Grantor does hereby bind himself, his successors and
assigns, to WARRANT AND FOREVER DEFEND all and singular the said
premises unto the said Grantee, its SUCCe!ISOrS and assigns, against
every person whomsoever lawfully claiming or to claim the same or
any part thereof.
EXECUTED this -Lt-~ay of December, A.D., 1980.
~ r~~'
.......... ~ ----' .I .. I ~ ~
THO ~ NATI , TR STEE D"V"
THE STATE OF TEXAS
s
s
s
COUNTY OF HARRIS
BEFORE ME, the undersigned authorit:y, on this day
personally appeared THOMAS H. NATION, TRUS~$E, known to me to
be the person whose name is subscribed to the foregoing in-
strument,'and acknowledged to me that he executed the same
for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND
day of December, A.D., 19~~.
, ""I,,,n,,,,,,
'"" ~~'t p(/~
,,(::;.....)f~~
r~ (~~ ).}
~ ~:;. \ ft/'...~ ! '? i
\: -': ,,~. ~.....L'l1:'~.
......, ~~., ~~,:o
~_I!: ~ p ~ .....~..~
~tlt'IL'
SEAL OF OFFICE this 1L--
~~.~
Nota PublJ.c J.n and or
Harris County, Texas
My commission expires:
\-\~..~\
c=I i ~
c:> oct
s::! x
""'.....
~ ...l :;:it-:
00 ,., J c:;;:
&oJ ,., ~ -
:: ("') ~ >-=
u.. roc
:(..)
~~.n
0_
. (..)D:
"-> ~~
....
=
-2-
..
e-.--..:- -,
_.- .--:.-.---.".
..-.. '---e'
. :. ~
,.....
.:...-:--;.:.... ..:. ....
.........r_ ."
;' '-173':g2~J755 ',:
0,
. .. ", .'. .
'.;~::;;~,t:'~:,;;,~"':"':""i'~:"": "~;~:~":'.."'- '~': ,:~"",/~<~.86 'ACi(iS"~~:',"-"'-"- ....-:.~.. _.......~._.~,::'"- .~..:. ,
Field note description of a tract of land containing 4.80 acres being
part' o'f and out of Strang Subdivision, as' per _p or plat of said subdolvision
'. recorded in Volume ]5, 'Page 22 of tbe Deed Records o'f Harris County, 'Texas, .
:'. .. . and being part of and out of that certain 15.6585 acre tract per instrument
.:'" recorded in Barris County Clerk's File ~o. F-04l752,.in the Enoch B~inson
, . . Survey , Abstract 5, in Barria County, Texas and being more particuaJ".ly described
by metes aDd bounds as follows:
,
_ COHHENCING at a point being the intersection ~f ,the south' right-of-way
, line of Strang Road, 60 feet wide. and tbe northl~rly right-of-way line of
State Highvay 225,370 feet .wide, at the most well~ corner of ,the said lS.65B5
acre tract.
THENCE S 69- 55' 03" E, along' tbe northeasterly right-of-way line of State
Highway 225, 370 feet wide, for a distance of 1,7'14.78 feet to a 5/8 inch iron
rod Bet for corner and tbe PLACE 0)0' BF.GINNINC; .
THENCE S 69- 55' 03" E, continuing along the northeasterly right-of-way
line of State Highway 225. 370 feeL wid~ for a distance of 343.65 feet to a,
1/2 inch iron rod found for corner at the southeast corner of aforesaid 15.6585
acre tract; '.
THENCE N 0- 07'" 56" W, along Lho.! east .1ine o:E' the l5.658~ acre tral~t~ for
a distance of 706.22 feet to a 3/8 :lncb iron rod found for corner on the south
right-of-wa)' line of said Strang Itoad. 60 feet wide. at the northeast' corner
of the sa1cJ l5.65B5 'acre tract: '
THENCE N B9- 58' 57" W, along the south right-of-way line of Strang Road'.
60 feet wide, for a distance of 323.03 feet to a 5/8 inch iron rod set for
corner.
THENCE S 0- 07' 56" E, for a distance of 588.32 feet to the PLACE OF
BEGINNING, of a tract con~ainlng 4.80 acres of land. .
". ... -.. .,. . '_'... _.. .. no
IlTATE OF TEXAII I
l?l'U/lTT OF ""HR'. r
I he,.,. unify trld till. Inltnuraenl 'Ir.. FILED lit
nle Number S.Quene. Dn ,... dete and It 'be tlm. ...m.....
::"reon b, me; and ... crUl, RECORDED. In th. GftlcW
uIlIlc RICO"" of Rbi ,_.... of ....... _.... T_. ..
e
DEe 111980
~~.~u"w '
COUNlY CLERK.
HARRIS COUNTYi TEXAs
EXHIBIT' "A tI
~. :"':'"...... . ,.' -- ~.~
. .
e
e
"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.)
.:"
....
.
....-...-..
-. ....-.--... -.-...
I
1
'I
...
-
-
-
.
l
:
~
z
I
~.
,II
/
~
6
~,.
o~(l.. ~
~ \ rl" , " J
,.J\ vF (J
~p '1.1/" i /j,):
~ " ~Il; I
I o~
~ l' I ~
t i~ I
" l1 ~O\ . Jf dot
: .t . J' . )'\9- I ' -'"' '"tol '(1 f/"!
f" I ~ AP I .1,"
,!..~j) I (Iv t/fJ
-..... I pF~~~t': {, ~ El
~ ~ ./' ,---:;r-- STRANO ROAD ' '~.'" .. ," ~'1/
.tI.4 ~ ~29.03' _ ,- "",,!
.0. ~.. D'e:.~___ " :, I .\f. t NIIS.SS'$?'w i I
f!' ."1'.,.',,.. ~ Z ;' t Jf ,,6 i'lf) ~ I
,; ~f,;)/ ~'~" . I Jl l .! .' ...._-~ I
l~iJ ! '~_____ ~ ... _ --1- __ ~-'/6. t;6't!16 Ac:."lE$./ ~ f I ~f,
~ fI \~, ~~~ ......~ - '! ('......,:I'~I A'... l" ~'~"'17$2) 1 ,; ~
'l ,~' ~~ I :~ I ~ ~ 'I'
, ....~, .~.1 ~,t J Area. 4.80 Act. ~ llt.t
~ ~~" 'S.,. ~>-~~~./ ;~ :qo'~,...r~) ~~! 'I~.
, ________, . L1 ' - "" " .~~ ,.f,,4. (,/ '~'I
---1' '7 W \...;;' ',~~......- oS~;~ ''Or, l.lt I ' fl'
---- ~ f. < ,. ~~~:.:..:.. .;r.,:,$";'.11. f~ -J
............... ~..........- -..::y 'C,$". ... I' 'I'
...............' ~':;:5, ::. 9,' ~/<::;;~,.....: ! . I fl
--- ':-~ ~(\. '~"" ~~~~~'...:: '~2 I ~
............... ..."'It "" ;"fl-. ...~ '
'. '., '.'. ~""~~ 'f S6~.,:...r:':~;!~,.;;>..:~, .:,:,~~.i,':~~~~~~..<;;.":.;i':'",rl,~ ': '
:"...;,. .J:... " ':.," i' :, IOo'~ . ,;:;;;,.t':*IIJ:'t~~f."~,,II;; '.'''~ :'!i! '\"'f!ilt:4!\'x.uf,:~.!i!"~' "'" ,$,,""':,4'i~-' ,~.
.. ,,>,~~",,:,~~~,"~;L!~:l,,::;.~'~:"'::':!::'i~~~i,~:,:,~:::.:.,.._ ", ....J' ,".~ill~':~<~ ,;",","" ;,:... .' ", ':7.!:.:.!i:~::..' ,"" ,:,i..!:.....~' ~. -~:..r:---
~~~~~. -
,.' .~,', " " ".~~............... ';;: '
; _ ~ --............. " 1 ' .!:::'~:',:
I,. ~>i;
I..:,.. ~ '--
. -.
~"
11
t'
~,J
~,l
",\
.l.ll.
if..
f,J
L-
"
.: t.
J
":c
Tho ulldt'rRlgned does hereby certify that thiA survey ~as this da,'
ID4de lIn th~ ground of the property legally described hereon tlnd '
is COI'rect and that there arr no dbl'repnncfeR, l'onfllrt!l.
shortaSl!. In area buundary Unes confllcts, "bible encroachllenta.
o"l!rlapping of illparvementa, vJslble eaRements, 01' apparent
rlRht-of_~'R eXct'pt as shown ht'reon and that" a8ld.pruperty haa
acceal to and from a dedicated roadway, except Ra ahown hereon.
. ~..'...
.... ........ '.. -"-'-'
~U~YEY~
4.80' Acres
IN THE ENOCH BRINSON SURVEY, A-5
NEAR HOUSTON, HARRIS COUNTY. TEXAS
SCALE: I" · 200' , : , . ,.. .
i ~ ,:':':'i;',!t~!,~,~),:~:":;!(\~!
MOLDOVAN AND ASSOCIATES ,: :f~~(:(:~><' 1
CONSULTlN,G ~NGINEERS' LAND SURVEYORS .. '.," ':'-';:"~!;'~~;"'~":""":'" ~,.,;"
8132 HOWARD DR., HOUSTON 77017 6415-3726, 643,-858'. SURVEYED IY'. ,R. P.
FILE NI 6005.24 DRAWN IY,I F: n
.0: .i:'~1.::.;: ..j: " .
., 0" ""
.:.;....
(tJ..~3. -80
.~_. .'
. .
-.~- -....--
Dated
:'. !,.
Don DenBon
I, DON DENSON, HEREBY CERTIFY THAT THIS PLAT REPRESENTS
A SURVEY MADE ON THE GROUND BY ME ON NOV. 5 86, 1980 AND
AT THIS DATE, THE FACTS AS SHOWN HEREON WERE TRIJE AND
~:--..
CORREC~ (!.~~~!~!~~
1_-- ___. "... .:;:,..... .1",
~~ J -.... .... ~n' \.
~ ~'-~ ...... (lU~ :l~i':II"1":""
..... ........
. Don Denson:, ~. . 1418 I
-<".' ~,,\. .. ./~
ReQ. Pub. Surv. Ne 2068 i v...;. .~':I
STATE OF TEXAS t'L'S':l!l:"<C;
. '.;.,
;';" '..
.../
't' .
:.\.
:"'. .
,_ ,;.:5~t:~;l
...' ..-. ..- . - ',._,-- ,., ",,-
..... . '--.
. - .. .
'. ",~:, .
.. .._ ..~.n... _... ....._ ...
. .
..:.... .... ,~.:':
. . . . .
..1. . ".'
...; .
..' :/;. . . .
.:.: ..
:.~.~.
...:.' '::
'..
. ':~. .'::' .
.//'..'
. r'. .
... . :.. "
. '" .
. .... ....
..:... .... ..,
.. , '.:
.. :;." .
.,'...... .".-
.' ... '. .: l : /:~~.~:.: .~
.... =::
. t. . .
. .....
. ....-.. ':
.' . .-
::.~ .
.:'.
e
,
I
~
t
~i
r
-
-
e
It
"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 descr ibed 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 signs 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 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 underbruf;h, 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.
. ,
e
e
"EXHIBIT e"
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 wi th the operation and maintenance of the
public utility facilities.
For items band c above, the ac:tual 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.
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 i.mprovements 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
City of La Porte
Established 1892
August 24, 2000
Prime Equipment
Attn: Katherine W . Yarbrough
16225 Park Ten Place, Suite 200
Houston, Texas 77084
Re: Industrial District Agreement (IDA) (Series 2001-2007)
-
Two executed originals of the Industrial District Agreement (IDA) were received from you on
August 17, 2000. While reviewing the documents for completeness, we noticed your firm did not
furnish an Exhibit "A" or Exhibit "B".
If you warrant that Exhibit "A" and Exhibit "B" furnished for the previous IDA (Series 1994-2000) is
current, we will attach the previous Exhibit "A" and Exhibit "B" to both originals. If changes have
occurred, please send us (2) copies no later than August 31, 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 re.turn
an original set to you. If you have any questions or concerns regarding this matter call me at (281)
471-5020.
Thank you for your cooperation in this matter.
c: Hugh Landrum Jr., Hugh Landrum & Associates
Use previous Exhibit "A"
Use previous Exhibit "B"
New Exhibit "A" to be furnished
New Exhibit "B" to be furnished
Yes
o
o
o
o
No
o
o
o
o
(Company)
By:
Name:
Title:
Address:
P.O. Box 1115 0 La Porte, Texas 77572-1115 0 (281) 471-5020
.
e
~~~M~
Equipment
PRIME SERVICE, INC.
16225 Park Ten Place. Suite 200
Houston. TX 77084
~
281/578-5600
[P)~~M~
Energy
~
A Company WIthin The Atlas Copeo Group
O)lC~lC~
,m AUG 1 7 2000
The Atlas Copco Group
August 16, 2000
CITY MANAGER'S
OFFICE
City of La Porte
Attn: Robert T. Herrera
P.O. Box 1115
La Porte, TX 77572 - 1115
Dear Mr. Herrera,
Enclose are two executed Industrial District Agreements for the City of La Port.
Please return one of the originals signed by the City of La Port to Prime Service,
Inc. I apologize for not returning these agreements earlier.
If you have any questions, please contact the undersigned at (281) 647-5044.
Sincerely,
~W,~~~~
Katherine W. Yarbrough
Tax Supervisor
Enclosures
&Kl b;-ts,- . L rJ..
~ e>t .B nOr va c
~v---' <t .s e-:>e>(
~ (,if e;.- -- ~
~-r>
5fU{~ ~/l. l!e4fK~
.
.
.
Cit1' of.La Porte
Established 1892
January 11,2001
Prime Equipment
Attn: Kevin 1. Loughlin
16225 Park Ten Place, Suite 200
Houston, Texas 77084
Re: Industrial District Agreement (IDA) Series 2001.-2007
Dear Mr. Loughlin:
Two executed originals of the Industrial District Agreement (IDA) were received from
you on August 17,2000. While reviewing the documents for completeness, we noticed
your firm did not furnish an Exhibit "A" or Exhibit "B",
Since your firm furnished an Exhibit "A" and Exhibit "E" for the previous IDA (Series
1994-2000), these exhibits will be attached to your agreement. We will proceed and
present these documents to City Council for approval on the condition you will provide
corrected information, if necessary. '
Once City Council has approved these documents we will return an original set to you. If
you have any questions or concerns regarding this matter call me at (281) 471-5020.
Thank. you in advance for your cooperation in this matter.
Sincerely, .
p.o. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
e
e
,
City of La Porte
Established 1892
February 15,2001
Prime Service Inc.
Attn: Kevin L. Loughlin
16225 Park Ten Place, Suite 200
Houston, Texas 77084
Re: Industrial District Agreement (IJ)A) Series 2001-2007
Dear Mr. Loughlin:
Enclos~d 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 the letter dated January 11,2001 this agreement was approved by City Council with Exhibits "A"
and "B" furnished for the previous IDA (Series 1994-2000). .
Please warrant Exhibits "A" and "B" by signing and returning this letter. If changes have occurred, ,
please send us a copy as soon as pos~ible and attach a copy to the enclosed IDA for your records.
If you have any questions or concerns regarding ~is matter call me at (281) 471-5020.
Thank you for your cooperation in this matter. .
Use previous "Exhibit A"
Use previous "Exhibit B"
New Exhibit "A" to be furnished
New Exhibit "B" to be furnished
Yes
o
o
o
o
No
o
o
o
o
(Company)
. By:
Name:
Title:
Address:
P.O. Box 1115 II La Porte, Texas 77572-1115 " (281) 471-5020