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HomeMy WebLinkAbout2000-IDA-66 '-' . . ORDINANCB NO. 2000-IDA-~~ AN ORDINANCB AUTHORIZING THB BXBCUTION BY THE CITY OF LA PORTB OF AN INDUSTRIAL DISTRICT AGREEMBNT WITH GSL CONSTRUCTORS, LTD. (TYCO VALVE &. CONTROLS, LESSBE), FOR THE TERII CODENCING JARUARY 1, 2001, AND BNDING DECEIIBBR 31, 2007, IlAICING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCB WITH THE OPBN MEETINGS LAW, AND PROVIDING AN BFFBCTlVE DATB HERBOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. GSL CONSTRUCTORS, LTD 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 officially 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, considered 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. i . . . PASSED AND APPROVED, this~~day Of~ ATTEST: CITY OF LA PORTE By: ~~~ oman L. Ma on , Mayor l1!Jp{jKa.~ - Mar ha A. Gil ett City Secretary APPROVED: ~tV KIi x W. Askins, City Attorney 2 , 2002. . e. EXHIBIT "B" Industrial District Agreement . e e NO. 2000-IDA-~ 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 GSL CONSTRUCTORS, LTD. (TYCO VALVE & CONTROLS, Lessee) hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the city of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "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 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 with 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 - 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 said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by City during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146, shall be subject to the rules and regulations attached hereto as Exhibit "C" and made a part hereof; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the 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. 2 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 including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties which the Company must render and upon which the "in lieu of" taxes are asse$sed are more fully described in subsections 1, 2, and 3 of subsection D, of this parag.raph 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 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 limits of City and appraised 3 e 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 of the appraised value of same on January 1, 2000, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following completion of construction in progress, an amount equal to Thirty percent (30%) of the amount 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 accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located 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, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a-part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to City in accordance with 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 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 the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is 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'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 6 e . 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 City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein co~tained 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, 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. By: ADDRESS: ~I;-~. ~..~S~~ ~ ATTEST: ~,~.~' C1t Secretary CITY OF LA PORTE By: ~~ ~ ' orman iJ... alone Mayor AP~~dJ Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: (281) 471-1886 Fax: (281) 471-2047 8 e e nEXBIBIT An (Metes and Bounds Description of Land) e e nEXHIBIT Bn (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.) e . REXHIBIT CR' Page 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 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 underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. Or e . '; nIlXBJ:BJ:T en 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 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 improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a suitable landscaping alternative. 3. Driveways opening from said strip of land onto State Highway 225 or State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provisions of the City's Code of Ordinances, whichever is more restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City's Code of Ordinances, whichever is more restrictive. 4 . Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and City. e . EXHIBIT "C" .Ordinance for Water & Sanitary Sewer Service Agreements e . EXHIBIT "D" Water Service Agreement I . e 1 "..... STATE OF TEXAS ~ COUNTY OF HARRIS ~ WATER SERVICE AGREEMENT l+1 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 GSL CONSTRUCTORS, LTD., (TYCO VALVE & CONTROLS, LESSEE) hereinafter called "COMPANY". I. COMPANY is the owner of certain real property which is situated ih CITY'S Bayport Industrial District and not within the corporate limits of-the CITY. CITY and tbMPANY are patties to a current Industrial District Agreement. tt. COMPANY is desirous of purchasing potable water from ClTY for usual human domestic consumption and uses, and for ~ted industrial processes as hereinafter statOO. . Previous plariffing 'I I ,...... . " . consid~tio~'ibt the long-range potabl~ water supply of CITY did not include ill~ needs ofpr~~ located outside the dty limits of CITY. COMPANY recognizes that CITY cannot 1t,t this Hnie prdVide I permanent arid utilitrlited; water service. CITY agrees, however, to provide nitilted potable water service to CdMPANY, Por and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: m. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial proCesses, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. ". . e 2 ~. Upon review of these representations, the City has deteimined the following: Number of Compahy F:mt>loyees on site 4~ Number of Contract Employees on site o Total on-site Employees Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) *Potabte Water Approved for Industrial Processes (gpd) 4~ '- 1~o , I ~ '- oho , Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 4 '-~O , N. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ ~ 000 , (B) Potable water used for Industrial Processes shall be limited to the following: *RlIilding fire "rinkler (de!iligJ1ec1 fnrnrdinary ha7.ard grnllp '-, 'l~0-4~0 gpm), land!ilC'.3pe irrifV'tinn (C) COMPANY shall file an application for water service with ClTY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (0) Where applicable, COMPANY shall also pay to ClTY $ Nt A as a pro-rata reimbursement for installation of utility mains funded by other parties. (E) The total amount of potable water approved (average daily demand) is established at FOIJR THOnSANn TWO HlTNnRRn FIFTY (4,250) gallons per day. This number is based on an average offifty (50) gallons per employee p'er day established by CITY, plus any amount approved . .'", 3 for industrial processes. # (F) The average monthly d~rpand of ONF. HI~RFO TWRNTV-N1NR ntntJs~~ SIX HIJNt?RFO TWHNTV-F1VF. (129fl'~) gallons i~ established by multiplying the av~~e daily .. . i ," deInai1d by a factor of 30.5, which shall be used to facilitate service billirigs, . .' (G)the ~st of water up to the average monttiIy dtiihand ~f ONF. HIJNnRFO TWP.NTv-~ '. . ' ' " r" ' '''riftjh~A"Nri SIX tthNORFO TWHNTV-F~. (129,6'~) gallo~ shall be orl~ hundred f1fty ." .pJclmt (1500.10) of the CfnnS rate as establisl1ed from time to time for commercial custdm~ inside its corporate limits. (H) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits, Q) . ~othing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand ofONF. HIJNnRFO TWRNTV-NTNF. THOlTSANn SIXHIJNnRFO TWRNTV-FJVF4: (1 '9,6'~), Repeated consumption greater than the established average monthly demand may result . in termination of service. (J) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineet,ing design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. . . 4 (M)COMP ANY agrees that it shall he bound by all ~plicable ordinances of CITY, relative to the furnishing ofpotahle water to customers within the ci>tporate limits ofCrtY. . . I (N) All plumbing installed by COMPANY connected to tHe domestic water line from CITY, shall meet all ~~ticabie S~!e of texas and CITY plumbing ~d~:~equirements. CIT~;S 'et1giii~ ~d <?Ode ~orcemei1t petsonnel shall have the right ~r~rior review arid approv81 ijf C(iM~ ~S' pl~ and ij;ecifi~diiS for the plumbing system(s). CITY plumbing inspectors s~ have thE: fight to inspect any and all work related to the furnishing of potable water to COMPANY. (0) A reduced pressure zone bacldlow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (P) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A These requirements shall be shown on the site plan and approved by City. v. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility for its water manis, and service lines . e 5 up to and including CITY'S water meter. In the event a State or Ranis County license, permit, or pennission to install the water main is tevoked, or relocation or adjustment is required, C1TY will not be responsible for the expense of such relocation, adjustment, or replacement. ,. '. VIT. CITY reserves the right of entry at all reasonable times for the purpose of insptction of coM!> ANYS. water facilities, and to observe compliance with the terms ,and conditiot1s tit this ~ent. When exercising its right of entry, CITY shall notify COlwPANY in,advance. tift al~o agrees to follow established health and safety policies in effect at COMPANY'S facility. vm, CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereofby COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX, Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and provisions of~s Water Service Agreement and the terms and provisions of the Industrl81 District Agreement between the parties, the terms and provisions of the Water Service Agreement shall controL to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or,.ifCITY exercises its right of termination, .;: .. e e 6 ~ INTO etrective the 'Jk!!: day of ~ . 2002. By: ltr> Name: Title. . . . , . 6 Il Addresst;~~;~~=~~ ClTY OF LAPORTE A Gillett City Secretary .~~-- By" Norman L. Malone Mayor ATTEST: APPROVED: ~td Knox W. Askins . ::City Attorney City Attorney PO Box 1218 LaPorte, TX 77572-1218 City of La Porte POBox 1115 LaPorte, TX 77572-1115 Phone: (281) 471-1886 Fax: (281) 471-2047 Phone: (281) 471-5020 Fax: (281) 471-7168 '. e e 7 -:? This is EXHIBIT A, consisting of 1 page, referred to in and part of the W ~ter Se~ice Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated CITY -S COMPANY f/!!!) . . AnnTTTONAT. RF.QITTRF.MFNT~ The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY.shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of -the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by , COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. . 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2)' . Beautification Efforts: COMPANY shall subniit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per' approved Landscaping Plan as a condition of continued water . 'service. : . " . . EXHIBIT "E" Sanitary Sewer Service Agreement . ;, . e 1 (0, . STATE OF TEXAS ~ COUNTY OF HARRIS ~ SANITARY SEWER SE~VICE AGREEMENT (tor Companies located in Bayi;brt North Industrial Parle) 'qUs AGREEMENT made, and entered into by and ~etween the CITY OF LA PORTE, TEXAS, a mtJrlicipal corporation of Ranis County, Texas, 'hereinafter called ','city", and GSL CbNiTRUCTORS, L~.., (TYCO VALVE' If ~Q~OLS, LESS'~) hereWer ~~ "CdMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY, CITY and COMPANY are parties to a current Industrial District Agreement. n. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to , COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: ill. COMPANY has made certain representations to CITY as to its number of eplployees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations ClTY has relied in entering into this Agreement. . e 2 t. Upon review of these representations, the City has detemiined the following. Number of Employees on-site 4~ Number of Contract Employees o Total on-site Employees 4~ Sanitary Sewer Desired for Domestic Use (Total on-site times 50 gpd per employ~) 7. tl!\o , Sanitary Sewer Approved for Industrial Processes (gpd) o Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) ? ?~o , IV, ctlv has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to ClTY a one-time administrative connection charge of $ ~ooo , (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit, (C). The average daily demand is established at TWO THOnSANn TWO HlJNnRED FWfV (?,?~O) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by ClTY. (0). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of30.5, which shall be used to facilitate service billings, (E). The cost of sanitary sewer service up to the average monthly demand of FIFTY -ETCTHT TI-lpnSANn THREE HlJNnRED THIRTY-ONE (~R>111) gallons shall be one hundred fifty percent (1500fc>>) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F). The cost of sanitary sewer service for amounts in excess of the established average monthly . e. 3 'o, demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. " . ' '. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average . . monthly demand of FIFTY-FTGHT THOTJ~AN1) THREP. mTh!ORFn THTRTY-ONF. ('ife, 111) gaItons. ~eated sanitary sewer delivery greater than the ~lished average monthly deJi:iarld may result in ttfunmation of service. , ' "I . . (H). COMPANY agrees that dUring periods when the ClTY'S collection sy~tem is surcharged, tlie ClTY may require the suspeitsion of use of the sanitary sewer system fot periods not to ~~ , thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitaly sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (J). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article n of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. . e 4 lrL.J (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing, the toiaI acreage of the tract including , present and proposed improvements and a suitable location map of the site. Company's . I development project may be subject to certain additional requirbinents as described in Exhibit A I These requirements shall be shown on the site plan and approved by City. I. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities sluiit be solely at the expense of COMPANY. COMPANY shall own and maintain ail service lines and plumbing facilities. VI. CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or service lines within Bayport North Industrial Park. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VIT. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe ~mpliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. vm. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereofby COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in tennination of Agreement. CITY shall have the right to summarily correct, a~ COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. .. 'e e 5 ~'. IX, , , Upon receipt of ~en notice of termination, COMPANY shall have up to six (6) months to prep.are for transition to another sanitary sewer service provider. If the transition is not complete , within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole ': ," discretion. X. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties; the terms and provisions of the Sanitary Sewer Service Agreement shall contro~ to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination, ENTERED INTO efrective~ day of ~ 2002. Gt'C;;;L ~~(l..vc::..""fQ'2..C;. 6-0- . ~, AdW:ess: . L..J ..f:\M. SU,...~ ~ r CITY OF LAPORTE A Gillett City Secretary ~~~~. ~OFLAPORTE By: '11~ ' onnan L. one ' Mayor ATTEST: Knox W. Askins City Attorney " e e 6 . " ~! This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated AnnTTTONAT. RRQTJTRF.MRNT~ L The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water ,and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. ' 2) Beautification Efforts: COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) Sampling Well: COMPANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) Industrial Waste Permit: COMPANY shall submit application to CITY for industrial waste permit. e . EXHIBIT "F" Area-Map / ^ . .