HomeMy WebLinkAbout2000-IDA-58
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ORDINANCE NO. 2000-:[DA-58
AN ORDINANCE AUTHORIZING THE EXECUTION UY THE CITY OF LA 'PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH DSJ: TRANSPORTS, INC., FOR THE
TERM COMMENCING JANUARY 1, 2001, AND ]~NDING DECEMBER 31, 2007;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETI]!lGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. DSI TRANSPORTS, INC. h.as executed an industrial
district agreement with the City of La Porte, for the term
commencing January 1, 2001, an(i ending DE~cember 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 exec:ute 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 w'ritten notice of the date,
hour, place and subject of this meetin9 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 pr1eceding 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 ratifiE~s, approves and confirms
such written notice and the contents and posting thereof.
Section 4. This Ordinance shall be eff,ecti ve from and after its
passage and approval, and it is so ordered..
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PASSED AND APPROVED, this 19th day of March, 2001.
By:
CITY OF LA PORTE
J/J ~A~
~n ~. Mal ,
Mayor
ATTEST:
~#J (). lIAlJ)/
Mart a A. Gillett
City Secretary
Knox
City
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This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal cor~oration of Harris County,
Texas, hereinafter caJ.led.~'CITY", and --1-") ~ L,: -rr~-- f' 0 I""fs1 L"-t" _.
, a V U' j I" I C./ corporat1on, here1nafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS , it is the established pol.icy of the City Council' of
the City of La Porte, Texas, to adopt 'suc:h reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth .of thl~ .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 ill 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 "Distric:t", such Ordinances being
in co~pliance 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 LcL 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 "BI~, which plat describes the ownership boundary lines; a
site layout, showing all improvements, including pipelines and
railroads, and also showing areas of the :Land previously annexed by
the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth of
industrial plants within said Districts and for such purpose
desires to enter into this Agreement 'iAri 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 'Municipcil Annexation -Act and the
Ordinances of City"referred to above, City and Company hereby agree
with each other as follows:
F:INAL DRAFT: February 24, 2000
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subj ect t;o 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. Subj ec:t to the foregoing' and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industricLI 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 herE~of (except as hereinafter
provided) and shall have no right to have extended to it any
~ervices 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 plat!; and subdivisions of . land,
(b) prescribing any building, electrical, plumbing or inspec~ion
code or codes, or (c) attempting to exerc:ise in any manner whatever
control over the conduct of business thereon; provided, .however,1
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 rule~s and regulations attached
hereto as Exhibit "c" and made a pa:t't hereof; and provided,
I 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 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 i.mprovements, and tangible
personal property.
Under the terms of the Texas Property TSLX Code (S. B. 621, Acts of
the 65th Texas Legislature, Regular Sessi.on, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land, ,
improvements, and tangible personal propElrty 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 propc~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 propl~rty in the unannexed area
shall be conducted by city, at ci ty I S e:xpense, 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,. improvementfiJ, 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 gran1:ed in acc'ordance with the
Texas Property Tax Code, through and including April 15, '2007,:
Company shall provide City with a writtEm 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. ApPFaisal District rendition
form, or similar form. The properties which the Company must
render and upon which the "in lieu of" ti:lXeS 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 a.rrangement 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 cln 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 currEmt calendar year ("Value
Year").
D. Company agrees to render to City and. pay an amount "'in lieu o'f
taxes" on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which' would be payable to ci ty ,if all of the
Company's Land and improvementfiJ which existed on January
1, 2001, and each January 1 thE!reafter of the applicable
yalue Year during the term of t.his 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 independerlt appraiser, in accordance
with the applicable provisiom; of the Texas Property Tax
Code; and
2. (a) On any Substantial IncrElase in vatue 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, resultinq from new
construction (exclusive of construction in
proqress, which shall be exempt from taxation), for
each Value Year f()llowinq completion of
construction in proqress, an amount equal to Thirty
percent ( 3 0%) of the anlount 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 :E>roperty Tax Code.
(b) A Substantial Increase in' value of the Land,
improvements, and tanl;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 CJf at least $3,500,000.00.
For the purposes .of 1:his Agreement, mul tiple
projects that are comple1:ed 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 a~ount of the depreciation
will be removed from tbe 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 personCll 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 stc)rage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each J,anuary 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 indepen~ent 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 I 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 therE!after until December' 31,
2007, unless extended for an' additional period or periods of time
upqn mutual consent of Company and c::i 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.
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Company agrees that if the Texas Munic:lpal 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 res:tri.ctions on the right of
City to annex land belonging to Co~pany 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 Anrlexation Act as .the same
. existed January 1, 1994.
V.
This Agreement may be extended for an additional period or period's
by agreement between City and Company and/or its assigns even
though it is not extended by agreement bE!tween 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 ci.ty 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 Qf ad valorem- taxes on .the
annexed portions, '''plus (b) the total arRount 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 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 COlnpany 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 wi thin 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.
J:S.1 Should Company disagree wi th an.y appraisal made by the
independent appraiser selected by City pursuant to Article II above
,(which shall be given in writing to COmpi:iny), 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
~ppraisal 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 faith 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 tpe notice of disagreement was received by City,
the parties have not reached agreement as to such market value,. the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
~ny such.disagreement by Company, Company agrees to pay to city on
qr 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
submi tted to City by Company hereunder, l:)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 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 arbi t:ration shall be resolution
of the difference between th.e 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 s;hall hear and consider all
relevant and material evidenc~e 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, "Gen~ral
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 ~ien 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' ~; successors and assigns,
affiliates an(i 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 Lalld, and assignment. of this
Agreement.
IX.
If City enters into an Agreement wi th any other landowner with
respect to an industrial district or en.ters 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 c()mplies 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 morEl words, phrases, clauses,
sentences, paragraphs, sections, articlt:!s 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 OJ:' 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 AgreemEmt shall not be affected
thereby.
XI.
Upon the commencement of' the term of 1:his Agreement, . all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
. ATTEST: .t1.. _
*l!<O.. .MId
C1t Secretary
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
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'D S.:L -r;:anst'Q r -Is 1 -1-n C- .'
, (C'OMPANY)
By:
~I Y OF LA PORTE
. By: ~ ~
orman L. ~
MayoJ:'
By:
QoJW T. b{~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
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DSITransports.lnc.
17.96481v;re Tract
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"G-~h ~ b ,,-+ A
METES AND BOUNDS DESCRIPTION
17.9648 ACHES
WILLIAM M. JONES SURVEY, A-482.
HARRIS COUNTY, TEXAS
'Being 17.9648 acres' of land out of Tract II of a called 169.450 acre tract conveyed to ARCO
Pipe Une Company by Atlantic Richfield Company by deed dated August 18, 1988, recorded
under Harris County Clerk's File' Number L84879.~, same being situated in the William M.
Jones Survey, A-482 , Harris County, Texas. Said 17.9648 acres of land being more
particularly described by metes' and bounds as follows (all bearings are referenced to the
westerly right-at-way line at Baypark Road, based on a 100.00' right-at-way, as established in'
said ARCO Pipe Line Company deed): .
COMMENCING at a found Copperweld being the intersection of the South line of said Tract II
and the Westerly right-of-way line ot said Baypark F~oad, same being the Northeast Corner of
a called 60.792 acre tract of land, said Copperweld bears S 02~7'59' E, 2,884.30 feet (called
2,883.23 feet),' from the intersection of the Westerly line of said Baypark Road. and the
Southerfy right-of-way line of Fairmont Parkway, ba:;ed on a 250.00' right-of-way;
THENCE N 02027'59- W, with the Westerfy line tof said Baypark Road, for a distance of
989.78 feet to a 5/8 inch iron rod with cap .set for Southeast corner of the herein described
tract, same being the POINT OF BEGINNING;
THENCE S 86052'37- W, departing. from the Westerly line of said Baypark Road, for distance
of 910.00 feet to a 5/8 inch iron rod with cap set: for the Southwest comer of the herein
described tract, same being the Southeast comer of a proposed 0.5923 acre tract;
THENCE N 02027'59- W, along the East line of said 0.5923 acre tract, for a distance of
860.00 feet to a '5/8 inch iron rod with cap set for the Northwest comer of the herein
described' tract and located in the southerfy line of cl proposed 0.3237 acre tract, same being
the Northeast corner of said 0.5923 acre tract;
THENCE N 86052'37- E, along the Southerfy line o'f said 0.3237 acre tract, for a distance .of
910.00 feet to a 5/8 inch iron rod with cap set for the' Northeast comer of the herein desQibed
tract, same being located in the Westerfy line of said Baypark Road; .
THENCE S 02027'59- E, along the Westerly line IJf said Baypark Road, for a distance of
860.00 feet to the POINT OF BEGINNING and containing within these calls 782,549 square
feet or 17.9648 acres of land. .
Witness my hand and seal on this the 18th day of November 1998
E~ E~r
Texas Registered Professional Land Surveyor, No. S269
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. A survey plat has been prepared in conjunction with this legal description.
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"EXHIBIT e"
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RULES AND REGULATIONS
Any portion of Land constituting a st:rip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146 shall be subject to the follc)wing rules and regulations
pertaining to new signage, screeninl;J, driveways and median
crossovers. These rules and regulaticms 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 identificatic)n 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 exc~ed 150 square feet in area.
. One freestanding identificatlon sign' for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.,
. Freestanding identification si~Jns for multiple businesses
shall not exceed 350 square fE!et.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten. (~O)
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 tree~;, vegetation, underbrush,
etc. to provide a thorough and l!ffecti ve visual screening
of the development. Existing 1:rees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b)
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The use of earthen berms with approximately 3: 1
slopes, 50' wide at the base and 8' high. The berms
be landscaped with a combination of trees, shrubs,
ground cover. All berms clnd landscaping will
maintained by the property owners.
side
may
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be apP'roved 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 scrElen. 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 ac:tual length of required
screening along the roadway will be equal to the length of the
new development that. is parallel tl:> the roadway. Screening
shall not be required for new develcJpment 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 City to determin.a 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.
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FROM THE DESK OF
.,~
JOHN JOERNS
May 22, 2001
TO:
FROM:
SUBJECT:'
Doug Kneupper, Director of ( I
John Joerns, Assistant City Ma
"
Industrial District Agrecaments {
Attached is an IDA for the following industry.
~ DSI Transports
This IDA has been approved by City Council
Please review the metes and bounds description (Exhibit An) and the map (Exhibit B)
for conformity. Once these exhibits are reviewed, please note your findings in writing
and return the exhibits to Crystal. Also, these exhibits are originals, therefore, please
be careful to return all information sent to you.
Thank you for your cooperation.
CJlI1~ALJ
60'1./ E)(,JH3rr~ A ,. ~ "-g \
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City of La Porte
Established 1892
May 24, 2001
DSI Transports, Inc.
Attn: Marvin Melson
P.O. Box 674421
. Houston, Texas 77267-4421
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Dear Mr. Melson:
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 ofthf: City's .approval ordinance, for your
records.
This year's negotiations went very smoothly and I wish to thank you for your cooperation.
Both City Council and I appreciate the positive relationships with Industry that these
agreements have fostered.
If my office can ever be of assistance to your firm, please do not hesitate to call.
Respectfully,
G<~ T. ~~
Robert T. Herrera
City Manager
Enclosures
P.O. Box 1115 · La Porte, Texas 77572-111:; · (281) 471-5020
6"~
.
e
Cit1' of La Porte
Established 1892
January 12,2001
DSI Transports, Inc.
Attn,: Marvin Melson
P.O. Box 674421
Houston, Texas 77267-4421
Re: Industrial District Agreements (IDA) Series 2001-2007
Dear Mr. Melson:
Per our conversation on JanuarY 9, enclosed are two clean Industrial District Agreements,
and the lined draft agreement, which was previously executed by your company.
Please execute the clean originals and verify that Exhibit "A" and Exhibit "B" taken from
the previous IDA is correct. As discussed in our conv~:rsation, this agreement must be
executed for the City to continue to provide water service to your company.
Once these documents are executed and returned, we will present them to City Council for
approval and 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,
~
Jo oems
Assistant City Manager
Enclosures
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
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Data
17.96 ACRES
315 SPACES
3 SPACES
Stal<ing Notes:
1. DIMENSIONS SHOWN ARE TO FACE OF CURB, OUTSIDE FACE OF BUILDING,
EDGE OF SIDEWALK, OR EDGE OF PAVEMENT.
2. RADII NOT SHOWN ARE 5'.
3. ANGLES NOT SHOWN ARE 90 DEGREES.
4. REFER TO ARCHITECTURAL DRAWINGS FOR EXACT BUilDING DIMENSIONS.
5. PYe IRRIGATION SLEEVES SHALL BE INSTAlLED \V1TH 18" COVER N~D
SHAll EXTEND 18" BEYOND BACK OF CURB. PVC SLEEVES SHALL BE
SDR 35, ASH..4 03034. FURNISH AND INSTALL TEMPORARY IND!CATOR
POST AT EACH END OF CONDUIT. POST SHALL 8E 4" DIA.x24" WOOD.
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OWt'JElL
INmAL OSI TRANSPORTS
6800 McLAREN ROAD
F NRBURN, GA 30213
(770) 964-4848
~ TOPOGRAPHY SURVEY OF
17.9648 ACRES OF LAND, OUT OF A CALLED
TRACT II BEING 117.281 ACRES. AS RECORDED
BY H.C.C.F. NO. L848794 BEING SITUATED IN THE
WILLIAM M. JONES SURVEY, A-482,
HARRIS COUNTY. TEXAS
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LEGEND
EXISTING
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PROPERlY LINE
CONTOUR LINE
POWER POLE
OVER HEAD POWER
GAS LINE
WATER LINE
FIRE HYDRANT
WAlER VALVE:
SAN. SEWER WI M~HOLE
CLEAN OUT
DRAIN INLET
CATCH BASIN
D.O.T. STD. 10330
STORM DRNN
SILT FENCE
SPOT ElEVATION
CONCRETE SIDEWAlK
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450
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