HomeMy WebLinkAbout2000-IDA-68
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ORDINANCB NO. 2000-IDA-~
AN ORDINANCB AUTHORIZING THB BXBCUTION BY THE CITY OF LA PORTB OF
AN INDUSTRIAL DISTRICT AGREBKBNT WITH JACOBSON WARBHOUSB, INC., FOR
THB TBD COKKBNCING JANUARY 1, 2001, AND ENDING DBCEMBBR 31, 2007,
MAKING VARIOUS FINDINGS AND PROVISIONS RBLATING TO THB SUBJECT,
FINDING COMPLIANCB WITH THB OPBN KBBTINGS LAW, AND PROVIDING AN
BFFBCTIVE DATB HBREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
JACOBSON WAREHOUSE, 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 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.
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PASSED AND APPROVED, this ~1-- day of CfftrVlJMl/ , 2003.
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By:
CITY OF LA PORTE
I!e~
Mayor
ATTEST:
~fJA1JJ~ 1/./it;tt1l
Mar ha A. Gillett
City Secretary
.
Knox W. Askl.ns,
Gity Attorney
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EXHIBIT "B"
Industrial District Agreement
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in l'ieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company, and upon Company' s successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into ,a renewal of any
existing industrial district agreem~nts 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 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,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
By:
INC.
y.eo.J rl-\t7e
Titl. ..t..oG.s1lCS J i?rtALI..sT
Address: ~BI( 1)~yo"J
/.)e~"'j tflouJPc S ""-;t>~.a 503/3
ATTEST:
~Mid ~/;U
c t secret"1ir
By:
~ OF LA POR~
~e>-
. rman IJ. a e
Mayor
AP~M~
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
/u$jC'
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471-2047
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NO. 2000-IDA-~~
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGRBBMERT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called nCITyn, and JACOBSON WAREHOUSE COMPANY,
INC., a corporation, hereinafter
called nCOMPANYn,
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 nBattleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the nBayport Industrial District of La Porte, Texasn,
hereinafter collectively called nDistrict", 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
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I.
city covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, city does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that City shall 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 necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code,' through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company 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 simili;tr form. The properties. which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
C. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to 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
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year 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 ci ty on all of the
company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and. 3 reduced by the amount of ci ty 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 thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such lan~, 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 un annexed 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 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
ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the City with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good fai th negotiations in an attempt to reach an
agreement as to the market value of 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 arbit~ation proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company' s property for calculation of the
"in lieu" payment and total payment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
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"BXHIBIT A"
(Metes and Bounds Description of Land)
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METES AND BOUNDS DESCRIPTION
35.36 ACRE TRACT
ENOCH BRINSON SURVEY, A-5
HARlUSCOUNTY,TEXAS
Being a 35,36 tract ofland out ofa part of that certain tract ofland conveyed by St. Joe Paper Company
to E,I. Du Pont de Nemours and Company on December 21,1967 as described in the instrument
recorded in Volume 7034, Page 10 of the Harris County Deed Records and that certain call 822.154
acres conveyed by H. C. Cockburn to E.I. Du Pont de Nemours and Company on March 29,1944 as
described in the instrument recorded in Volume 1318, Page 364 of the Harris County Deed Records. The
32.64 acre tract ofland as surveyed by H. Carlos Smith, Engineers and Surveyors, Inc. is more
particularly described by metes and bounds as follows:
BEGINNING at the Southwest comer of the 35,36 acre tract; said point having Dupont La Porte Plant
Coordinate ofN 1682.499 and W 9358.924 and from which a 3 inch galvanized fence comer post was
found N 43 degrees 06 minutes E- 0.31 feet. The said point of beginning being coincident with a
Southeast comer ofa 60 feet wide easement described as Tract I - Parcel No. B-542-01 as referred to in
that certain Indenture made on the 28th day of October 1977 between E. I. Du Pont de Nemours and
Company and Houston Lighting & Power Company; said point being described in this indenture as
having coordinates of X = 3,252,400.24; Y= 697,632.10, Texas Plane Coordinate System, South Central
Zone as based on the position of the U.S.C. & G.S. Triangulation Station ''La Porte 1952", X =
3,249,279.06: Y= 686,904.03; said point being the point of intersection of the East boundary line of the
above mentioned Indenture and the North line of that certain 250 feet wide easement conveyed by E. I.
Du Pont de Nemours and Company to Houston Lighting and Power Company according to the
Instrument recorded in Volume 8437, Page 88 of the Harris County Deed Records. The said point of
beginning bears S 69 degrees 43 minutes 33 seconds E a distance of 60.14 feet from a % inch iron rod
found for the Southeast comer of that certain Exxon Pipeline Company 60 feet wide easement as
recorded in Volume 7093, Page 455 of the Harris County Deed Records.
Thence, N 18 degrees 37 minutes 06 seconds E ( call N 15 degrees 31 minutes 37 seconds E "grid
bearing"); coincident with the East line of the aforementioned 60 feet wide Houston Lighting and Power
Company Easement: a distance of 1,106.51 feet (ca111,106.44 feet) to a 'I. inch iron rod found for
comer; said point having DuPont La Porte Plant Coordinates ofN 2731.103 and W 9183.368.
Thence, N 21 degrees 44 minutes 34 seconds W ( call N 24 degrees 50 minutes 03 minutes W - grid
bearing); coincident with a Northwest boundary line of the aforementioned 60 feet wide Houston
Lighting and Power Company Easement; a distance of92.64 feet to a 5/8 inch iron rod set for comer;
said point having DuPont La Porte Plant Coordinates ofN 2817.157 and W 9217.687.
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Thence, N 18 degrees 37 minutes 06 seconds E~ coincident with the East right-of-way line of the
aforementioned Exxon Pipeline 60 feet wide easement~ a distance of384.44 feet to a 5/8 inch iron rod
set for the Northwest comer of this 35.36 acre tract~ said point having DuPont La Porte Plant
Coordinates ofN 3 181.476 and W 9094.951.
Thence, S 57 degrees 29 minutes 38 seconds E~ coincident with the North boundary line of this tract~
said line being 35 feet south of (as measured perpendicular to) the Southerly right-of-way line of that
certain 40 feet wide railroad easement as conveyed by E, I. Du Pont de Nemours and Company to Texas
and New Orleans Railroad Company on August 2,1954 according to the instrument recorded in Volume
2807, Page 654 of the Harris, County Deed Records~ for a distance of 1,140,26 feet to a 5/8 inch iron rod
set for the Northeast comer of this tract~ said point having DuPont La Porte Plant Coordinates of
N 2568.711 and W 8133.329.
Thence, S 00 degrees 01 minute 38 seconds W a distance of948.41 feet to a 5/8 inch iron rod set for
Southeast comer of this 35.36 acre tract~ said point having DuPont La Porte Plant Coordinates of
N 1620.302 and W 8133.780; said point being coincident with the North easement line of that certain
250 feet wide easement granted to Houston lighting and Power Company by E. I. Du Pont de Nemours
as recorded in Volume 8437, page 88 of the Harris County Deed Records.
Thence, S 89 degrees 50 minutes 19 seconds W~ coincident with the North easement line of the 250 feet
wide Houston Lighting and Power Company easement; far a distance of 1,225.15 feet to a 5/8 inch iron
rod found for comer; said point having DuPont La Porte Plant Coordinates of
N 1616,851 and W 9358.924.
Thence, N 69 degrees 43 minutes 33 seconds W; continuing coincident with the Northerly easement line
of the Houston Lighting and Power Company 250 wide easement; a distance of 189.45 feet
RETRURNING TO THE POINT OF BEGINNING.
Coordinates and bearings contained in the above description refer to DuPont La Porte Plant System,
unless specified otherwise.
JI~~
H. Carlos Smith
Texas Professional Land Surveyor No. 1228
Project #3366-00
Date: November 26,2001
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, Showing all improvements, including
pipelines and railroads, and also Showing areas of the
Land previously annexed by the City of La Porte.)
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"BXHIBIT e"
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RULBS AND RBGULATIONS
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.
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"EXHIBIT e"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required for new 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.
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called nCITyn, and JACOBSON WAREHOUSE COMPANY,
INC., a corporation, hereinafter
called nCOMPANYn,
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, Texasn, and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the nBayport Industrial District of La Porte, Texasn,
hereinaf"ter collectively called "Districtn, 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 "An (hereinafter nLandn) ;
and said Land being more particularly shown on a plat attached as
Exhibit nBn, 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
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I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "c" and made a part hereof; and provided,
however, it is agreed that City shall 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 necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company 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 assessed are more
fully described in subsections 1, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to city a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to 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
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each year by City's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year 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 ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had. been within the corporate limits of City and
appraised each year by the City's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of Ci ty' s ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris county Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and ci ty as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an 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 lan4, 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 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 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 wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
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 submi t the dispute to final arbi tration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad yalorem 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
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expert opinion, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subj ect only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
Ci ty and Company, and upon Company's successors and assigns,
affiliates and sUbsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
vOluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement. '
IX.
If City ent;ers into an Agreement with any other landowner with
respect to an industrial district or enters into.a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is, in effect? which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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METES AND BOUNDS DESCRIPTION
35.36 ACRE TRACT
ENOCH BRINSON SURVEY, A-5
HA~SCOUNTY,TEXAS
Being a 35,36 tract ofland out ofa part of that certain tract ofland conveyed by St. Joe Paper Company
to E.1. Du Pont de Nemours and Company on December 21,1967 as described in the instrument
recorded in Volume 7034, Page 10 of the Harris County Deed Records and that certain call 822.154
acres conveyed by H. C. Cockburn to E.I. Du Pont de Nemours and Company on March 29,1944 as
described in the instrument recorded in Volume 1318, Page 364 of the Hams County Deed Records. The
32.64 acre tract ofland as surveyed by H. Carlos Smith, Engineers and Surveyors, Inc. is more
particularly described by metes and bounds as follows:
BEGINNING at the Southwest comer of the 35,36 acre tract; said point having Dupont La Porte Plant
Coordinate ofN 1682.499 and W 9358.924 and from which a 3 inch galvanized fence comer post was
found N 43 degrees 06 minutes E- 0.31 feet. The said point of beginning being coincident with a
Southeast comer ofa 60 feet wide easement described as Tract I - Parcel No. B-542-01 as referred to in
that certain Indenture made on the 28th day of October 1977 between E. 1. Du Pont de Nemours and
Company and Houston Lighting & Power Company; said point being described in this indenture as
having coordinates of X = 3,252,400.24; Y= 697,632.10, Texas Plane Coordinate System, South Central
Zone as based on the position of the U.S.C. & a.s. Triangulation Station "La Porte 1952", X =
3,249,279.06: y= 686,904.03; said point being the point of intersection of the East boundary line of the
above mentioned Indenture and the North line of that certain 250 feet wide easement conveyed by E. I.
Ou Pont de Nemours and Company to Houston Lighting and Power Company according to the
Instrument recorded in Volume 8437, Page 88 of the Harris County Deed Records. The said point of
beginning bears S 69 degrees 43 minutes 33 seconds E a distance of 60.14 feet from a 3h inch iron rod
found for the Southeast comer of that certain Exxon Pipeline Company 60 feet wide easement as
recorded in Volume 7093, Page 455 of the Harris County Deed Records.
Thence, N 18 degrees 37 minutes 06 seconds E ( call N 15 degrees 31 minutes 37 seconds E "grid
bearing"); coincident with the East line of the aforementioned 60 feet wide Houston Lighting and Power
Company Easement: a distance of 1,106.51 feet (call 1,106.44 feet) to a % inch iron rod found for
comer; said point having DuPont La Porte Plant Coordinates ofN 2731.103 and W 9183.368.
Thence, N 21 degrees 44 minutes 34 seconds W ( call N 24 degrees 50 minutes 03 minutes W - grid
bearing); coincident with a Northwest boundary line of the aforementioned 60 feet wide Houston
Lighting and Power Company Easement; a distance of 92.64 feet to a 5/8 inch iron rod set for comer;
said point having DuPont La Porte Plant Coordinates ofN 2817.157 and W 9217.687.
Page 1 of2
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Thence, N 18 degrees 37 minutes 06 seconds E; coincident with the East right-of-way line of the
atorementioned Exxon Pipeline 60 teet wide easement~ a distance of384,44 feet to a 5/8 inch iron rod
set for the Northwest comer of this 35.36 acre tract; said point having DuPont La Porte Plant
Coordinates ofN 3181.476 and W 9094,951.
Thence, S 57 degrees 29 minutes 38 seconds E; coincident with the North boundary line of this tract;
said line being 35 feet south of( as measured perpendicular to) the Southerly right-of-way line of that
certain 40 feet wide railroad easement as conveyed by E. I. Du Pont de Nemours and Company to Texas
and New Orleans Railroad Company on August 2,1954 according to the instrument recorded in Volume
2807, Page 654 of the Harris County Deed Records; for a distance of 1,140.26 feet to a 5/8 inch iron rod
set for the Northeast comer of this tract; said point having DuPont La Porte Plant Coordinates of
N 2568.711 and W 8133.329.
Thence, S 00 degrees 01 minute 38 seconds W a distance of 948.41 feet to a 5/8 inch iron rod set for
Southeast comer of this 35.36 acre tract; said point having DuPont La Porte Plant Coordinates of
N 1620.302 and W 8133.780; said point being coincident with the North easement line of that certain
250 feet wide easement granted to Houston lighting and Power Company by E. 1. Du Pont de Nemours
as recorded in Volume 8437, page 88 of the Harris County Deed Records.
Thence, S 89 degrees 50 minutes 19 seconds W~ coincident with the North easement line of the 250 feet
wide Houston Lighting and Power Company easement; far a distance of 1,225.15 feet to a 5/8 inch iron
rod found for comer; said point having DuPont La Porte Plant Coordinates of
N 1616.851 and W 9358.924.
Thence, N 69 degrees 43 minutes 33 seconds W; continuing coincident with the Northerly easement line
of the Houston Lighting and Power Company 250 wide easement; a distance of 189.45 feet
RETRURNING TO THE POINT OF BEGINNING.
Coordinates and bearings contained in the above description refer to DuPont La Porte Plant System,
unless specified otherwise.
Jf &L~
H. Carlos Smith
Texas Professional Land Surveyor No. 1228
Project #3366-00
Date: November 26,2001
Page 2 of2
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"BXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout,' showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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"EXHIBIT e"
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 nAn
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 a~lowable 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.
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b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
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"BXHIBIT 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 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 sui table landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be sUbject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of 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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EXHIBIT "C"
Ordinance for Water Service Agreement
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EXHIBIT "D"
Water Service Agreement
.A.
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STATE OF TEXAS ~
COUNTY OF HARRIS ~
WATER SERVICE 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 JACOBSON
WAREHOUSE COMPANY, INC. hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property, which is situated in CITY'S Batt1~ground
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 potable water from CITY for usual human domestic
consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning
considerations for the long-range potable water supply of CITY did not include the needs of property
located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide
permanent and unlimited water service. CITY agrees, however, to provide limited potable water
service to COMPANY. For and in consideration offumishing 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.
UpotlJreview of these representations, the City has detennined the following:
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Number of Company Employees on site
Vi
Number of Contract Employees on site
o
Total on-site Employees
lS
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
17S0
.
.Potable Water Approved for Industrial Processes (gpd)
o
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
17S0
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IV,
CITY has detennined that adequate facilities are available to CITY to furnish potable water to
COMPANY based on the following tenns and conditions, to-wit:
(A) Company shall pay to CITY a one-time administrative connection charge of $
S 000 00
.
(B) Potable water used for Industrial Processes shall be limited to the following:
Fi11ine of on-~e Fire SlIppre~~ion Tsm1c (not to P.XC'P.PLI '-SO evm) smcllrrig;-t1nn for lancl~C'.apine
(C) COMPANY shall file an application for water service with CITY'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 b~ apPI:oved by City.
(D)CQMPANY shall submit payment to the CITY (on behalf of John Frantz) in the amount of
$UU,'-6, as a pro-rata reimbursement for initial installation of water main per tenns of Utility
Extension Agreement No. 98-7602 as generally illustrated on Exhibit ''B'' attached hereto and
made part of herein.
(E) The .total amount of potable water approved (average daily demand) is established at ONE
THOlJSANn SEVEN ffiTNTlREn FIFTY (1,750) gallons per day. This number is based on an
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average offifty (50) gallons per employee per day established by CITY, plus any amount approved
for industrial processes,
(F) The average monthly demand ofFWfY THRFR THOTJ~ANh THRRR HITNnRFn ~RVF.NTV-
F1VR (';1,17';) gallons is established by multiplying the average daily demand by a factor of 30.5,
which shall be used to facilitate service billings.
(G)The cost of water up to the average monthly demand ofFTFTV THRRR THOTJ~ANJ) THRRR
HITNnRRn ~FVFNTV- FTVR (';1,17';) gallons shall be one hundred fifty percent (150%) of the
CITY'S rate as established from time to time for commercial customers 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 (20001c>>) of the, CITY'S rate as established from time to time for commercial
customers inside its corporate limits.
(I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly
demand of FWfY THREE THOTJ~ANJ) THREE HITNnRFn ~EVF.NTV- FTVR (';1,17';)
gallons per day, Repeated consumption greater than the established average monthly demand may
result in tennination 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.
(1<) 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 engineering design and construction of any potable water main, service line,
back flow preventer, meter or other required appurtenances will be the responsibility of
COMPANY.
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(M) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of potable water to customers within the corporate limits of CITY.
(N) All plumbing installed by COMPANY connected to the domestic water 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 potable water to COMPANY.
(O)A reduced 'pressure zone backf10w 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 descn'bed 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 fom
the meter to COMPANY'S facilities, shall be solely at the expense of COMP ANY. COMPANY ~haIl
own and maintain all service lines and plumbing facilities beyond the meter. CITY s~ own the l}leter.
VI.
CITY will have ownership and maintenance responsibility for its water mains, and service lines
up tQ and including CITY'S water meter. In the event a State or Harris County license, pennit, or
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permission to install the water main is revoked, or relocation or adjustment is required, CITY will not
be responsible for the expense of such relocation, adjustment, or replacement.
VIT.
ClTY reserves the right of entry at all reasonable times for the purpose of inspection of
COMPANY'S water facilities, and to observe compliance 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 Wi.l1 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 this Water Service Agreement
and the terms and provisions of the Industrial District Agreement between the parties, the term,s 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 if CITY
exercises its right of termination.
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words, phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
APPROVED: d
1/~z:,J ~
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
By:
COMPANY, INC.
Name:
Title:
Address:
.(Q ~,.s TiC...s. .5 ~er, II-o..s-/
3811 .Lh'x.oAJ
~'S "'Ol"~ ~ .5noAJl!.\ 5D3/,3
~OF LA PO~
By: ~ ~
, rmand1e-
Mayor
By: ~""-;r0ll,"
.A&h^, y Ma ger
CITY OF LA PORTE
P.O. Box 1115\
La Porte, TX 77572-1115
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ENTERED INTO effective the l71! day of D ~~I'JIf'< , 2002.
Tlu..nhlilon WarP.holl~ Company, Tnc
Company
Name:
Title:
Address:
By:
CITY OF LA PORTE
ATTEST:
,f, I ''!ID. .'. .
flI~!J,~Jf.r,QF,LAPQRT.H. .. ,....
BY:'--",.~,.""
Norman L. Malone
Mayor
A Gillett
. City Secretary
APPROVED: . . 1 I,
~21,J, t:;;l~
Knox W. Askins
City Attorney
City Attorney
POBox 1218
LaPorte, TX 77572-1218
City of La Porte
604 West Fairmont Parkway
LaPorte, TX 77572
Phone: (281) 471-1886
Fax: (281) 471-2047
Phone: (281) 471-5020
Fax: (281) 471-7168
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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 11.12.7 / ~2 ,
AnnTTTONAT. RRQTTTRFMRNTS
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 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.
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EXHIBIT "E"
Area Map
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Aoorooriation
I Agenda Date Requested: Janua" 13. 2003
Requested By: Doue Kneuooer~.1 ~ /'
Department: Plannine ~ '
Source of Funds: N/A
Account Number: N/A
Report: _Resolution: _Ordinance:...L
Amount Budgeted: N/A
AmoUnt Requested: N/A
Exhibits:
A. Ordinance for Industrial District Agreement
B. Industrial District Agreement
C. Ordinance for Water Service Agreement
D. Water Service Agreement
E. Area Map
Budgeted Item: _YES ..x.....NO
SUMMARY & RECOMMENDATION
Jacobson Warehouse Company, Inc., developer of the Jacobson Warehouse site in the Battleground
Industrial "District, has recently approached the' City to provide water service to serve its new 35-acre
development located on State Highway 225 between Miller Cut-Off Road and Sens Road (See Exhibit DEj.
Council has approved a policy to provide utility services to companies located outside city limits and within
the City's industrial districts. These companies are required to maintain a' current Industrial District
Agreement with the City. Jacobson Warehouse Company, Inc. desires to pursue water service under the
tenns of the aforementioned policy.
Based on the company's stated demand for domestic uses, the average daily demand for water is 1,750
gallons per day. This demand includes utilization of water for the building's fire sprinkler system and
landscape inigation. The applicant will pay one and one-half (1-%) times the City's current utility rate.
The company is subject to administrative connection charges in the amount of $5,000. Additionally,
Jacobson is assessed a pro-rata reimbursement charge in the amount of $18,626 for utilization of a water
main previously extended by John Frantz under a previous Utility Extension Agreement. Payment in the
total amount of $23,626 has been received from Jacobson Warehouse.
The tenn of the Water Service Agreement expires on December 31, 2007, plus any renewals and
extensions thereof. However, the agreements shall automatically expire at such time as there is no effective
Industrial District Agreement between the parties or if the city exercises the right of tennination.
Staff recommends approval of the Industrial District Agreement and Water Service Agreement as submitted
herein.
Action Reauired bv Council:
Consider approval of two ordinances: an ordinance authorizing the City Manager to execute an Industrial
District Agreement with Jacobson Warehouse, Inc. and an ordinance authorizing the City Manager to
execute a Water Service Agreement with Jacobson Warehouse, Inc.
ADDfoved fOf Citv Council Aeenda
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EXHIBIT "A"
Ordinance for Industrial District Agreement