HomeMy WebLinkAbout2000-IDA-68-A
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ORDINANCE NO. 2006- d-. S~ ,-
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND FIRST INDUSTRIAL L.P.,
FOR A TERM COMMENCING UPON THE EFFECTIVE DATE OF PASSAGE AND
APPROVAL OF THIS ORDINANCE AND EXPIRING ON DECEMBER 31, 2007;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council hereby approves and authorizes the contract, agreement,
or other undertaking descnbed in the title of this ordinance, in substantially the form as shown in
the document which is attached hereto and incorporated herein by this reference. The Mayor is
hereby authorized to execute such document and all related documents on behalf of the City of
La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the
seal of the City to all such documents.
Section 2. The City Council officially fmds, 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 opened 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 3.
and it is so ordered.
This ordinance shall be effective from and after its passage and approval,
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PASSED AND APPROVED, this 23rd day of January, 2006.
By:
CITY OF LA PORTE
~lX~
Alton E. Porter
Mayor
ATTEST:
~~ a.clbPf
Mart a A. Gillett
City Secretary
APPROVED:
~()/~
Knox W. Askins
City Attorney
e
e
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: January 23. 2006
Source of Funds: NI A
Requested By: Wayne Sabo
Account Number: N/A
Department: Plannine
Amount Budgeted: N/A
Report: _Resolution: _Ordinance:-X-
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
Council has approved a policy to provide limited utility services to companies located outside the city limits
but within the City's industrial district. These rompanies are required to maintain a current Industrial District
Agreement (IDA) with the City in order to be eligible for water and/or sanitary sewer service.
First Industrial Texas, L.P., recently purchased the former Jarobson Warehouse tract at 11505 State
Highway 225 (see Exhibit "Ej and desires to expand current operations by constructing two new
warehousing units to be located on the former Jarobson Warehouse tract in the Battleground Industrial
District. First Industrial Texas, L.P. has approached the City to facilitate an increase in its allocated water
demand for its new warehouses.
Based on the company's stated demand for increased domestic uses, the average daily demand for water is
estimated at 3,000 gallons per day, which is within rouncil's approved policy limits. The applicant will pay
one and one-half (1-%) times the City's current utility rate. The current Water Service Agreement CNSA)
with Jarobson Warehouse stipulates an average daily demand of 1,750 gallons - resulting in an increasing
of 1,250 gallons per day for the new company.
At the original time of construction, Jacobson Warehouse provided full reimbursement for its share of the
publiC waterline originally extended for the area by John Frantz.. Therefore, no additional fees will be
incurred by First Industrial Texas, L.P. The ordinances and agreements oresented this evening orimarilv
reflect a change in ownershio of the Original tract and an increase of the comoany's average daily demand
for domestic water use.
The term of the updated IDA and WSA 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 termination. Staff recommends
approval of the Industrial District Agreement and Water Service Agreement as submitted herein.
Action Required by Council:
Consider approval of two ordinances: an ordinance authorizing the City Manager to execute an Industrial
District Agreement with First Industrial Texas, L.P. and an ordinance authorizing the City Manager to
execute a Water Service Agreement with First Industrial Texas, L.P.
ADDrOYed for City Council A2enda
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Date
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ORDINANCE NO. 2006 - +, g/i -=- t:, ~ - t1
AN ORDINANCE APPROVING AND AUTHORIZING AN INDUSTRIAL DISTRICT
AGREEMENT BETWEEN THE CITY OF LA PORTE AND FIRST INDUSTRIAL
TEXAS, L.P.; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO
THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1.
The
City
Council
hereby
approves
and
authorizes the contract,
agreement,
or other undertaking
described in the title of this ordinance, in substantially the
form as shown in the document which is attached hereto and
incorporated herein by the reference.
The City Secretary is
hereby authorized to attest to all such signatures and to affix
the seal of the City to all such documents.
Section 2.
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 3.
This ordinance shall be effective from and
after its passage and approval, and it is so ordered.
...
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ORDINANCE NO. 2006- :t-IJIJ ~ ft;8-1)
PASSED AND APPROVED, this d.3rO
ATTEST:
~dI'kll /1tLl/l
Mar ha A. G1Ilett
City Secretary
APP~Jd ~
Knox W. Askins
City Attorney
e
day of .;:jP,/JUC'tfl!
I
CITY OF LA PORTE
PAGE 2
, 2006.
~~x~
By:
Alton E. Porter
Mayor
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From-ASKINStlllfMSTROHG. PC
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NO_ 2000-IDA-68-A ~
9
STATE OF TEXAS ~
S
COUNTY OF HARRIS ~
INDUSTRIAL DISTRICT AGRE~~_~
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE. TBXAS, a mu:r:icipal corporati on of Harris County,
Texas, hereinu.fter called "CITY", and FIRST INDUSTRIAL TEXAS LP, a
Delaware limitecl pa:r:t:lership, and FIRST INDUSTRIAL DEVELOPl'IBNT
SERVICES I TNC. . a Naryland corporation, he:r.-einafter called
"CONPANY" ,
WIT N E SSE T H:
'IitU:::REAS, it i.t:: the established policy of the City Council of
the city of La Porte, Texas, to ado'Dt such reasonable measures from
tilne to. time as are permitted by law and which wiD t.end to enhance
the economIc stability and growth of the city and its environs by
attractir_g the location of new and the expansion of existing
industries therein, and such pol icy is hl;:!:reby reaffirmed and
adopted by thi:J cit:y Council as being in the best interest of the
City and its cit.izens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the areCi located in its
ex,traterrit.orial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 8<C:1;2A, designating
portions of the area located in its extraterritorial jurisdiction
a~ the "Bayport Industrial District o:C t,a Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of '!'exas, codified
as Section 42 _ 044. 1~eXu.3 Local Government Code; and
~mEREAS I Company is the owner. of land within i) designated
Industrial Dist rict of the City of La Porte, said land being
legally described on che attached Exhibit "An (hereinafter "Land");
;..Iod ;;aid Land beIng more particularl.y shown on a p.laL att.ached as
Exhibit "B", which plat desc:ribeD the ownership boundary lines; a
sit.e layout, shmoJing all i.mp:covements. including pipelines and
railroads, and also showing a.rc.::lS of the IJand 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 foT. f:luch purpose
desires to ente:, into this 1'.greement with Company pursuant to
Ordinance adopt~d by the City Counci.l of said City and recorded in
the official minutes of said City:
NOW, '!'HEREFORE, in cons idera,tion of the premises and the
mutual agreements of the parties contained herei.:1. and pursuant to
the authority gra.nted unde:r. the Municipal AlL"1e:<at:.on Act and the
Ordinanc~s of City refcrred to above, City and Company hereby ilgree
w.ith cilch other as follows:
FINAL DRAE'TI February 24, 2000
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T-SES
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city covenantc, clgrees and guarantees that during the term of t.his
Agreemen.t, provided below, and subject to the terms LInd provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district. at least to the
extent that the satno covers the Land belonging to Company a.nd its
assigns, un.les9 <:Lnd until the status of said Land, or a portion or
portionG thereof. as an industrial district may be changed pursuant
to the terms of this Agreetnent. Subj €lct to t.he foregoing and to
the later provisions of this AgreemenL, 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
withi:l the corporate limits of city, shall be immune from
anncxution by Cit.y during the term hereof (except as hereinafter
provided) and shall have r.o right to have extended to it any
services by city, and that all Land, including that which has been
heretof:o:cc annexed, shall not ha.ve extended to it by ordinance any
ru] eti and regulations (a) governing plats and subdivisions of land,
Cb) prescribing any building, electrical, plu!T'.bing or inspection
code or codes, or (cl attempting t.o exercise in a!!y manner whatever
control over the conduct of business t.hereon; provided, hO'....ever I
any portion of J.Jand constitu.ting a strip of land 100' w;ide and
contiguous to either .FZl,irmont parkt...ay, State High'....ay 225, or Slat(;
Highway 146, shall be s'.1bject to tile rules and regulatiohs <:lLtached
hereto as Exhibit hC" and made il. part hereof; and provided,
however. it i~ agreed that City shall have the right to inst:i.tute
or intervene in any administra,tive and/or judicia,l proceeding
a.uthorized by the Texas W:::lt:.€!" Code I the Texa.s Clean Air Act. the
Texas Health &. safety. Code, or other federal or state environmental
la\.;s. rules or regulations, to the same extent and to the same
intent and effect as if all l,,':lT.Id covered by thi.s A.g::ceernent were not
6ubject 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 fu.U City ad
valorem taxes on such annexed Lilnd ..md improvement.s, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th :'exa~ Legislature, Regular Session. 1979, as amended). thE:
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible persona 1. pr:operty shall be determined by
the Ha:r;ris C07..lnty App:r;aisal District. The parties heT-eto recognize
that said Appraisal District haG no authori ty to a.ppraise the Land,
irnp:r'ovements. and. tangible personal property in the unannexed arE:a
for the 'purpose oJ: computing the "in lieu" payments hereu.nder.
Therefore. the part ies agree that the ;,tppraisal of the Lu.nd I
improvemenL:1, and tangible personal property in the unannexed area
shall be conducted by City, at city'S expense, by an independent
appra.i 1:3er of city's selection. The parU.es recognize that in
making such appraisal for "in lieu" payment purposes, such
appraise~c must of nec8ssity O;),'ppraise 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 P.ppraisal DiGl.:rict to establish the
appra :l.sed value of Land, improvement!:;, and tangible personal
property in the annexed portion. for ad valoiem tax purposes.
IlL
A. On or before April lS, 2001, and on o~ before each llpril 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code. through a.nd including April 15, 2007,
Company shall provide City \.;ith a written description of its Land
and all :improvements and tangible personi'll property located on the
Land as of the immediately preceding January IGt, stating its
opinion of the Property's market value, and b~ing sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company' s nRendition"). Compc;my may
file such Re:ldition on a Har:ds County Appraisal District rendition
fOrrT:l. or si.rniJ.i:lr form. The properties lr,Thich the Company must
render a.nd upon wh.ich the "in lieu ofn taxes arc assessed are more
fully described in subsect ions 1, 2. a.nd 3 of subsection D J of this
Paragraph III {sometimes collectively called the nproperty"};
prov:..ded, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisionl3 of Sec. 11.31 of the l'exas Property Tax Code j.s exempt
from ad valorem taxation a.nti .. in lieu of taxes" herelJudcT. A
failure by Compa.ny to file 4:l Rendition a.t;; provided fO'.r: in this
paragraph, sh.all constitute <.l waiver by Company for t11,e current tax
year, of all rights of protest and appeal under the te:cms of this
Agreement.
B. AS part of its rendition, Company sball furnish to City a
written report of the names and addresses of all persons and
cnt itl.C3 VJho score a.ny tangible personal property on the Land by
ba ilrnent. lea.5l::, consignment, o:c other arrangement with Company
{"products in storage"}, and are in t.he posse..sion or under the
rr;anagement of Company on Janu~n.-y 1st of each Value Year, further
givicg a description of such products in storage.
C. On or before the later of Decernbe:c 31, 2001, or 30 days from
mailing of tax bill and in like ma~~er on or before each December
31st thereafter, througb and includj.ng December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as ot 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' G Land, improvements and tangible personal
property in the unanncxcd area equal to the surr. of:
1. pifty-three percent (53%) of the amount of ad valorem
taxe~:: which would be payable to city if all of the
Comp~ny's Land and improvements whiCh existed on January
1, 2001, ana each January 1 thereafter of the applicable
V~lue Year during the term of this Agreement, (excluding
amOllnCs payable pursuant to ::.;ubparagraph 2, below), had
been within the corpor.ate limits of City and appraised
3
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Fram-ASKI~S_\'STR(ltIG, PC
281 47' 2047 e
T-9S8 ?,006/0IB F-2SS
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
3i:lme on J'anuary 1, 2000, resulting from new
construction (exclu.sive of construction in
progress, which shall be exempt frulTl taxation), for
c:ach Value Year following completion of
construction in progre~~s, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of Gi:lid new
construction had bee'n within the corpol;-;J.Le limits
of City and appraised by City's independent
appraiser, in accordancc with the applica.ble
provisions of the T~Xi:lS property Tax Code.
(b) A Subs tantii:l 1 Increase in value of the Land,
imp~oiTements, and langible personal prope:r.ty
(excluding inventory) as used .:.n subpar.agr<lph 2(Cl)
above, i~; defined a.s a.n increase in v~lue thClt is
the lesser of eitber:
i_ Clt least Five per.cent (5*) of the total
appraised value of Land and improvements, on
January J. 2000; or
~!._ a cumulative value or at least $3.500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated t.o arrive at the amount for the incrci:lse
in value.
(c) If existing Property values have depreciated below
the Property value established en ,January 1, 2000.
an amOUI!t eoual to the amount of the depreciatio:1
will be rem~ved from the calculation under this
subpClragraph 2 to ref;tOl.'~ the value to the January
1. 2000, value; and
3_ Fif~y-three percent (53%) of the Clmount of ad valorem
taxes vlhich ".'Ould be payable to City on .;,11 of the
Company's tang~bl~ persona] property of every
description, located in an jndusLrial district of city,
1...'1.cluding I 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 J'a.ouary J_, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been wit:bi.n the corpo:ra~e limits of City and
appraised each 'Yc.ar by the City's independent appraiser I
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From-ASKlliSe'1.ISTRONG, PC
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in a.ccordance with the applicable provisions of the Texas
Property Tax Code.
with th~ sum of ~. 2 and 3 redu~~d by the amount of city'G ad
va,lorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreem~nt shall extend for a period beginning on the 1st day
of January, 2005, 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 Annexat:i.,on Act i provided. hm.'ever. that in the event this
Agreement is not GO extended for an addj tional period or periods of
lime on or before August 31, 2007, the agreement of city not to
anne>: 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'i) property covered by
this P.greement, notwithstanding a.n.y of thl:. tr::rms and provisions of
this Agreement.
Company agr.ees tbat if the 'rCXtlS [1unicipal Act, Section 42.044,
Texas Local Government Code, is amended after. Janu~ry 1, 1994, or
a.n.y new legislation is thereafter enacted by the Legislature of t,he
state of Texas which impo:3es greater restrictions on the right of
Cit.y 1.:.0 ar~nex land belonging to Company or imposes further
obligations on city in connection therewith after the annexation of
such land, Company \oJill Itlaive the right to require City to comply
\oJith ;;my such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance wilh the
provisions at said Texas Municioal Annexation Act as the same
existed January 1, 199<1. .
v.
nli.s Agreement Dlay .be extended foT. an additional period or periods
by agreement b<<:::tween city and Company and/or :i.t.15 assigns even
tl:ougo it is not extended by agreement beboJeen City and all of the
o....'Uers of all land '.vithin the District of'..,hich it is a part.
VI.
A. In the event Company elects to protest the valuation f:or tax
purposes set on its said properties by city or by the Harris County
Appra.i13al District for any year or: years during the terms hereof,
nothing in this Agreement shall preclu.de such protest and CO'mpany
shall hClve the :right to take all legal steps desired by it to
reduce thl! Galne.
Notwithstanding such protest by company, Company agrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (8) the total amount of ad valorem L"lxes on the
annexed portions, plus (bl the total amount of the -in lieu of
taxt:::~;" on the lJuannexed portions of Comp,my' s hereinabove described
~roperly which would be due to City in accordance with the
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foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the city or Burris county Appraisal District (as the case may
bel valuatio.u on said property of Comp,3ny hCls been so finally
determined, ei.tber as the result of final judgment of a court of
"Competent jurisdiction or as the :result of othe:!:' final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall tni:l.ke payment to City of any additional payment due hereunder
based on such final valuation, together with applicablepenalt.ies,
interest.s, and costs.
B. Should ComP":lny disagr.ee with any appraisal mad{;.: by the
independent appra~ser selecled by City pursuant. t.o Article II above
(which sball be given in writing to Company). Company shall. within
twenty (20) days of receiving such copy, give \>lritten notice to the
ciLyof such disagreement. In the event Company does not give such
'N'ritten noc.ice of disagreement within such time period, the
,;Ipp:r:'aisal made by $aid independent apprai.ser shall be final and
controlling for purposes of the dete1:1l1inal:ion of "in lieu of t.axes"
pclyrnents 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 '""hat Company believes to be the market value of Company's
hereinabcve described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
a;greemcnt as to the market value of Company's propel.-ty for "in
lieu" purposes hereunder. If, after the expiration of thirty (30 1
days from the date the notice of disagreement was received by City,
the parties have not reached agreement os to such market value, the
parties agree to su.bmit the dispute to fL"Jal arbitration as
p:r.ovided in GubpL.J.ragraph 1 of this Article VI B. Notwithst.anding
any such disagreement by Company, Company agrees to pay to Ci,ty on
or before December 31 of each year during the term hereof. at. least
the total of (a) the Cl.d valorem taxes on the annexed, portions, plus
(0) the total amount of the "in lieu" payments which would be due
hereu'f)der on the b,;u:;is of Compa.ny's valuiltions rendered and/or
submitted to city by Company hereunder, or the total assessment and
11 in 1 ieu of ta..,<es If thereon for the la r:t p:r.eceding year, '.lhicheve:r
:is higher.
1. A Board of Arbitrators s~'lall be creatE.:d composed of one
person named by Company, one by city, and a third to be
named by those two. In case of ho agreement on this
arbitrator in 10 days. the pa.rtieG will join in a wriLt.en
request that t.he Chief Judge of the U.S. District Court
for the Southern District of Texas appoint the third
arbitrator '...,ho. (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be deterl'nincd in th~ arbitration shall be resolution
of the difference between the parties ClS to the fair
market value of Corr:pany's property for calcu~ation of the
,t in .I.:i.eu Q payment and tota 1 payment hereunder for the
year i.n question. The ,Roa'rd shall hear and cons ider all
rel~v,:l!lt and material evidence on that issue including
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expert opinion, and shall rend~r its written deci~ion as
promptly as practicable. 'l'hat: decision shall then be
final and binding upon the parties. subj ect only to
judicial revielfl as may be available under the Texas
GeneTal Arbitration Act (Chapter 171, "General
Arbitration", Texa.s Civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided ~hat each party shall bear
its own attorneys fee6.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangj bl e p(~r60nal
property thereon, in the event of default in payment oi ain lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent t.axes, and which shall be collectible
by city in the same manner a:3 provided by law for deLi.nq1J,ent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Compa,ny, and upon Company's successors and assigns.
affiliates: and I:;u.bsidiaries, and shall remain in force '....hether
Company st:::J.ls, a::::signs, or in any other manner disposes of, eith.er
volunta:r:-ily or by operation of la.'Il, all or any part of the property
belo.nging to it within the terri.tory hereinabove described, and the
agreements herein contained sh~ll be neld to be covenants running
with the land owned by Company sit.uated within said territory, for
so long as this Agreement or any ext.ension thereof remains in
force. Company shall give City written notice within ninety (90)
days, tI,'ith 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
:ccspect to an industrial di.strict or enters into a renewal of any
existing industrial district agreements after the effective date
heTeof and ",hile this Agreement is in effect. which contains terms
and provisions more favoTdble to the lando~mer than those in this
AgJ.eemenL, Comp~~y and its assigns shall have the right to a~end
thj 5 Agreement and City agrees to amend sa.me to embrace the more
favorable terms of such agreement or renewal agreement.
x.
The part:ieL-; ;.lgree that this Agreement complies wit.h exist.ing laws
pertainJng Lo the subject and that a,11 terms, considerations and
conditions set forth herein arc lawful, reasonable, appropriate,
and Dol unduly xestrictive of Company' 6 business activities.
Without such agreement neither paTty hereto would enter into thi~
Agreement. In the event anyone or more "lOrds, phrases, clauses,
;;,;e::nc.ences, paragraphs. sections, articles or other parts of this
Agreement. or the app,Lication thereof to any pe::son, firm.
7
~~V-JO-ZUU5 03:2Ypm
From-~SKINS e,ISiRONG. PC
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corporation or circumstances shall be held by aoy court of
competent jurisdiction to be invalid or unconstitutional for any
reae;on, then the application, invalidity or unconstitutionality of
5uch words, ph~ase, claubc, sentence, paragraph, section, article
or other part of the ,~grcc:ment shall be deemed. to be independent of
and separable from tbe rcmainde::c of this Agreement and the validity
of the remaining puTts of this Agreement shall not bt:: i:.lffected
the::reby.
XI.
uoon the commencement at the term of this Agr.ecmr~nt, all other
p;'eviou81y existir,g industrial district agreelrlt::ots with respect to
said Land sbalJ terminate.
F..NTE'RED INTO effective the 1st day of January, 2005.
By;
l,P
By;
]i'IRST I~"'DUSTP. 1AI, DEVELOPMENT
SE~~~
;i~1e> s ~\~ \) \\f~J>6
First Industrial Real T st Inc
3~1 South Wacker Dr.ive
suite 4000
Chicago, IL 60606
ATTN: Executi.ve VJ? of Operations
ADDRESS:
By:
CI~~~
Alton E. Porter
Mayor
AlZt~
Knox W. Askins
city Attorney
City of La Porte
P.O. Bo;.;: ~218
La Portc, TX 77572-1218
By:
~~~
City Manager
.-..-/
CITY OF ~~ PORTE
604 Wes.tFainnont Park\l1ay
La Porce, TX 77571
Phone;
Fa.:;;: :
(281) 471-1886
(28l1 4-/1-2047
8
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EXE!.lHT A
~:Buildj;og Site)
BEING a 14.~ ~c:;ra (643,53a square feat, tract of land siWstcd in City of LJ Porto, Harris County, Taxasand out 1-
of Iha Enoch Ennson SUNt:ly, A!:lstra:t Number 5. Harris County, and being Qut or and part ot the 35.36 acre
tract of land conveyed to Jacob:son WarehousEi Comp;a,'y by dead recordC{j undor Harri~ County Cleri(s File /
(H. C.c:.F.) Numbl:lr {No.' W021340, said 35.3.6 acre !met or land aeing mora particuliJr1y described a~ follo~;
COMMENCING at the southwest comeT of 2;:JJd 35.36 acra tract, ::lame bolna the southB3st corner of a 60 feet
wide Houston LIghting .3nd Power Compt1nY (HL & P) easement recoroed under H.C.C.F. No. F50B7el ard
being in the northerly line of;] 250 fest .....Ide HL & P easement recordod undl:lr li.C.C.F. No. 0332501, from
whrch a 3" fence comer postb>1;~r:::s North 84" We:.;t, 0.5 [<lot, thona);]::I follo\o\'S;
THENCE with the soull1C'.riy Un8 of &"Jld 35.35 acre tract and the northerly IIno of snki 250 fe~~ wide HL 8. P
t:;3~ment. South 69"43'33" E;Jst il dL:rt:mca ot 189.45 rest to i3 5/6-lnch iron fed found for an angle point in said
35.3B ocre bi:lc'.;
THENCE c:onlinul/1~ with the :lOul~er1y Hno of said :!S.38 acra tract and the northerly line of said 250 'fI:!et wido
HL & P easement. South89"S0'19" East a di$iance of 1,225.15 fell! to a 5fB-lnch iron rod with C3p (unreadable)
found for the SOUtJl(!,;J!it comer of s;Jid 35.36 acre tract;
THENCE with the eaSlBr!y line or fi;Jld 35.36 acre tract. NorlhOO"OT38" E3St a distanCB or 45.00 feet to 1110 north
line of fJ 40 feet wide Southern Pacific TrrJl'\sportatlol) Company r.Jilroud ensf,lmem .ClCOroeo' undElr H_C.C.F. No.
Fl:i3C::l8oD for thfJ POINT OF BEGINNING snd tho 5Outhoasf comer ohh~ herein described troct of fand;
THENCE wltl'. the northcJ1y fine of ~aJd 4(} (eet wide, rnifrofJo casement., South 89"50"1 g' West at 0 di::lbn~ of
32D.cm fEelloChl;} p6int of cuN;:JltJrc af a ClJ~C to the right ha",ing 3 r.tdiU5 of 553.e9 feet;
'fHE:NCE cononuing.wllh ttl~ northerly 5nc of said 40 feat wido I'lilrood cas~mBnl Wf!st.criy witli 53id ctHVtl to
the rirJhf. through a cantraf angfe of 4 t'5J'06". an arc distance of 4Q4.n feet (tho chord of safd curva boar.; Norti1
69"13"07' W~:-;l a distance of 355.B2 fl:!Hl) to 1he northwsshtrly edgo cf a o:mcreh3 drlveway for the southwest
:;umer ot the hemin dS5Cribad 'tract orland; .
THENCE dopartfng said 4Q: fEet wlc:fC r3iJr~d owement .....i1t1 said edgo of C:Jncrete. Nortl1 52"Q155" Enslll
dIstance of 252.. 14 ~et tD l~o '~ojnt ci{CUrVDturo of a curve b:l1he 19ft h.wlng a r.3clus of7S.9S f<!et;
TIiENCE con!inuing wl~ 3<lid edgo of concreto, north<;rty wiih said curve to I.TJO leli, \I1rough B control angle at 69
"20'OlJ', an 3[';; dl:lIvllC:O or 91.91 ~~,t (the chord of said curve bea~ North lB"'32'01' East a dtstanc::e of 66.",0 roof)
to the point ot tan9.,mcy of said curvo;
THEI'JCE CClnlfnulI1g with said edge of concr,HEl. Noli1121':lS1 6" Wo.,>t :3 dist:mc:a of b-:3,(.b"9 roet to lhl:! c:lrm:r of
said edge aT c::ncrolEl for an lingl.. point In the herein described tract of land:
TIiENCE North i 8"37US" East;] dlst:mco at 329.:>.2 fool to tho northerly line of :Hlld 35.36 Gem ;reet and being
35 foet soulia:rly from and pc:rpMdJcu!ar [0 the :3culhsrly right~'t'DY line of;J 40 fe!:!t wide rallrcao easement
~onv~Yt::d to Toxl:l::! ond Now OrlElIm:.l Rallruad Comp;lI1Y roccrOF.l::i in Volum!:! 2807, Pogo 654 of the Harri:J
Couray Deed R"'::otd~ for me northwo~['corrisrofthe h~:rcln"dozcrftyl:ld"lrdCt"or1and~
THENCE with tho ncrt,eTly Hne of s;;id 35.36 ac;re trEct and follawil"'.g a line 35 feat southorly from and
perpondJcul.Jr t.o !l<'lid ~outhElrly right-of-way Un.... <If l:I <!O (:!'",t \'\I!dc mllro;3d ila38iT1Emt, Scuth 57'"29':38" Ea:!t ;:l
dl5ranCl:l of 702.59 In",t to il5/f3,..ind'l Iron r!le IO~l1d 'tilth c::lp stampod "H.C. SMITH RPLS 1228"' for tho southeBst
comer of L~o hareln do~critl~ tract of "md;
THENCE '....ilh t.'le e<osiorly IIn!:l of ~iJid 35.38 aC111 tract, South 00.0'T38" Wc:J't a dlst8nc~ of 903.40 feet to LI'ls
POINT OF 8EGINNING,
CONTAINING a computed tlren of 14.77 aCrE'S (643,538 squ~m loot) of land.
!111tj)"~ tm~ ~11!SlP.<rs to( :aJI. ililll. \l: r.:,l Of lIE l6lY.~ ~
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APR 1 2 2005
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T -968
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EXli': B I-T A
(Vacant:)
BEING a 20.58 acre (698,619 square feet) Iract or land slb;aind in tho city of La Porro, Harris County. Texa:I ond
out of the Enoch Brinson Survey, Abstract Number 5. Harris Cown!;" andbtllngolJt of and part of tile 35.:36 acre
tract of land oonveyed to J;?Jcobsol'l War8llOuse ComparlY by dDOd rcco:dtXl under Hams County CIerJc's File
(H.C.C.:=,) NL1T1ber (No.) ~'V()11340. :;ald 35.35 ac:re tmd of land being more particularly desc:rlbed as follows:
BEGINNING at the sOuT.!l'.\rD...:.i comer of :J8rd 35,36 <lCf'C trlla, sums being ilia :s-ouU1t~ast comElr of a 60 teet
'.vlde Howsbn Us;htlng and P'Ower Company (Hl.. & P) easomant rsccrded under H.C.C.F. No. FS087S' and
b~ing ill tne r.orth~riy !i:lC of a 25!l feet wide Hl & ;:> c=men! rocord.::d Uf1dcr H.C.C.F. Nr:. 0332601. from
Vlol::h a 3" fanes cornflrposl be';J1'S North 84" IJllC!~IT 0.5 reat;
THENCE wi~" the wosterly lino of :laid 35.36 ilt:ru trod ar:d tile easterly line of :laid 60 fast wide HL & P
easement.. North 1 e"37'OS" E~st i:1 dr~it;:JfI= of 1.106.51 f"et Ie e :;r4../nch Iron rod found for an angle poln! in sdld'
GO fi:le.t wide easement 1:lnd the h9(~in dc:s::ribod tract of !iJnd;
THENCE: c:cnrj(1lsing wit'llhttwesterly Ilno ot sald S5.::56 <:loro trn::t and the eastert'llino of ~aid 60 fl1Ct wtdo.HL &
P e;:.::;arnent, ~lcr-J12T'44'34-I/"B:lt:) d!3tdl'lCil of 92.u'l feet to a 51a...JF'!cn Iron roo (Dunc1 with c:<3p st.amped "H.C.
SMI1l.j RPLS 1228" fur the north',lJo~1 ccmor cf :;,:J!C 80 fed wide HL 2. P eesernent and an E!nSlle poln~ In tf1r:!
nerein de.5crlt'ed :rEd ct liI1ld, also treing in lh~ EJi:l::;terly ijne of ,8 60 reat wide Humble Pipe Unc Company.
uOlsomont m::=rdad under Volume 7093, P<lge 4.55 Cfthfl Ham:3 County' Dero Rar:ordr. (H.C.D.R.);
THENCE con:inuir.r: with lhl? Wl!st2r\Y lin~ Ol5iJJd 35.36 3CfE1 tract eM the ear.! tine of said 50 feet wlc:1o Hr.smblu
p;'pe Un!) C:lmpnny aasem(;n~ North 18"'3700" East a cbt;:",ce ot 384.".4 rcct to OJ 5!8-ineh Iron rod wrJ1 c::ip
(unread2bls).5Llld Iron red bClng'3S Ie!!!' southerly iiom and perpcntllcuJoi to !heo !iO'.Jtht)r1v right-or-way :~';8 of a
40 re€! wid~ mllroL!d e;j~!;m8nt conveyed to Te:3~ and New Orlean~ Rallroai1 Company "'.Jcorded under
VolumtJ ::807, Pi.lgl:l 854 01 ~o H.C.D.R., for t~c ::crT.,^,i::st comor of tho heroin ot..~crlbed tract of l:and;
THENCE wrth Ute nort."orty line of :O<lid ::!S.35 ucr~ lroct and fcIJO'.\/ing' a line 35 Ic.:-t southOlly frnm and
pt:lrpl:ll,d!::uriJr io sa!d ~outhcily nght-of-way lin!) of a 40 1eet ",ide rnllrl:lod casement. Sc;u:rt 57"29'38"" 8st a
dlst:anc.a of 437.68 fHC! to ttlB norttlssst corner or the heroin de~crlbed tract cc.f land;
TIENC::: Scuth 1 8037'06" \Nest D dlst:,lI1Q! 0/329..22 feet to ttU3 comer or !he ~g9 of c:onr;rew parking araa and
dnvG'''''sy jor an (Ingle point In L~e heroin dascrlbed tract of land:
'Il-iSNCE with sardqdge of com:nHtI. Scuth 2t'3615" Ea5t a distance c,r 637.69 ~cd to the poiilt of curvatum ct. ~
ctJfVO to tho fighl tmvrng a radil1:l ot 75.95 feet
r.-!ENCE contlnwlf1g wlh SF.tio ocIge cfconcrete, scut.'lorly with :mld curve to Ulo right, thrc;ugn a central angle ot,
69"20'00''' an arc di~tclnc8 of 91 ,91 fuel (the chord of said CUI'f{) t;-e,jr.3 ScuT/11 S~TJ'T. West a distance of 88.40
reat) 10 thB po:nt of tangl:!ne( 01 !laid C\JNe:
7HENCEc:lntlauing with :iaid lOdge of COna6!El, SCluIf152"Cl1S5" WI1:lt at a dl51:2nce of 252_14 foot to ~9 point in
\hl3 northony 11m..! of;; 1\.0 feotwida Southern Podflc:T.ransportJtlof.l CcmpanY,r.:JilroadsBsemontll::cordoG undur
H.C.C, F No, ra:lSae.o for the point of b~glnnin9 of 0 curve 10 rhe lolt ha\llr.g u radius of .553.89 leot;
ThENCE with !he northerly tine ot s,,~ci 40 feet widEl railra~d ol'llJement, e~$rerJy ...,11,'" .6;:.l;d CUrvetD !hi) ltllt,
~"rough a c.enlral angle of ~"f5::''C6'', an arc dlstanco of 1\04. n feet (the c.hord of said CU:"\.o'B bClJrsSouth 59'13'07
" East a distance of 395,82 fct.'!.) to ~'tJ poinl or iar.gar,cy of SOlie Cl.Jrve;
THENCE. =ntinul1l9 with ri"lfl northerly Ilr'lB of sard 40 lAFi! wldo railroad easement. North S9"51J1g" East;p,: ::J
:::I:;tancl; .:Jf 320.00 lee: \0 CU! east::rty line of ~3id 35.':'8 "ero trace
n-tENCC with ti1"''''il3terl~' :10'10 obaid ':'5.38 ac:.-l'J lr:1d..5outh OJ"OT35"V.,root" dlSt;'lnce ot40.Cn Il.<":.lt te a 5J~in~'
Ifon rOGWJtI1 C3D (unroadaols) found an tho ;J(cc1:ls,Jid 25Q rest wid~ HL 8. P easoment for the ~OUthBB5t corner of
the horolt; doscl'losd' trEC1 oflaod:
THENCcwiih It'le northerly !ilia or said 250 feet Wid>) i1l :.:. P ea:>ement and southerly \in!:! of :;md 35.36 aOd
~r:1lc. ;:;mlth B9"SO"9"We::n a cflSta:1o:! ar , .::<:5, 15 rsat to 0 5/B.in::h iron reo found iOf an anglo polm in tho ~.,roln
1E!scribEd tr..:!ct or land.
7"HE.NC::: ::onot.::11lg Will- rhe ",ul1n6r1y !ino.or "alO :50 f>:.lO! iliac Hl =- P "JllSomBnI :1",d !101.Jlneny !ino aT ')3U:;'
25,:6 oC:C rmc:,- ~Jor.h oilo.l.31~3" '.Nast a 11~<;ra.,C3 LlT : 69.-15 ;ee: ,0 ine POINT OF 8EGINNING:
17
::IN' "-II\! ING ., ,:rrnoulC!D ",rea wi :0.:5 ~coos d!98.619 sq\Jaro (C:CI) o!'lsnCl.
r\~,v-30-2005 03:30pm Flor.,.,\Sl<INS.'STilDIlG, PC
261 471 lOU e
i-9EB p,o:4/oI8 F-265
"EXHIBIT Bn
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and a.Iso showing areas of the
l,and prev.i ously annexed by the City of La Po.rtc.)
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DESCRIPTION OF PROPERTY SURVEYED
DESCRlPTION, of a 35.357 acre rract of IllIld sltUtltc;d in the .Enoch Brinson Survey,
Abstr:!ct No.5, Harris Couot.y, Texas; said tract being all ofa tract. of/and described in a
Geucral W<m"anry Deed to Jacobson Investment Company, Le. recorded in Clerk's File
No. X913354 of the Real Propr.:r.ty Records of Harris County, Texas: said 35.357 acre
tract bl:ing more particularly described a.s follows:
BEGINNl?'.'G, at a point, on the uorth. Line of a 250-foot \\;de Houston Lighting ,md
Power Company righl:-ofc-way n:cordedin Vo.lume 8431, Page 88 of said Real Property
Records: said point br.:ing the ~;outhwest comer of said hcobson Investments Company
LC. tract; :from said point ,I 3- inch fence post bears South 88 degrees. 25 minutes, East, a
distance of 0.2 feet;
THENCE, North 18 deg,recs, 37 minutes, 06 seconds East. along the t:ast line ofa 60-foot
'W-ide Houston Lighting and Power Compimy eas::ment, a di:..ianct: of 1106.51 t:.:t:t to a 5/8
inch UOll rod found fOT comer;
THENCF, 1\orth 21 degrees, 44 minutes, 34 seconds Wr;st, along said east line. a
distance of 92.6~ feet 1'0 U 5/g inch iron rod with "H.e. Slnit.h RPLS 1228" cap fOlUld for
comer on the we.st I.ine of $aid l-IOUSiOll Ligl1tlng and Power Company easement aJld the
c.:a.st line of 3 60- foot wide Bcrnble Pipeline Company easem(!:nt recorded in Volume
7093, Page ~S) of said Real Property Records;
TfIE.1'\JCE, North IS dt:grees, 37 minutes, 06 :iccomls East, with the ea~1 li:1c of said
Hu;"nbk Pipelin<.: Compa,ny easement. a distanct: of 384.44 feet to a Ill.inch iron rod will)
illegible cap found for comer;
THE~CE, South 57 dcgrcr;;s, 29 nunukS, 38 seconcs E~~SI> a disc,met of 1140.2.6 feci 10 ~
point for comer;
THENCE, South 00 degre/~s, 01 mill utI': $, 38 seconds West, p<lssing through a SIB-inch
irotl rod with "B.C. Smith RPLS 122S" CiJp fOUDd at a diSlaIlC(; of 898, 86 fcet, continuing,
for .1 total distanc.e of 948.41 fect 1.0 J 5/S-inch iron rod with "H.C. SrpJul RPLS 122g"
cap found lor comer on tJle north line of :;nid 250- foot wide Houston Lighting and Power
Company right-o.J'.way;
THENCE. South 89 degrees, 50 minun:s, 19 seconds West, along said north right~o'j:way
line,.1 d.ist3m:~ of 1225.15 fet::t to a 5/8-inch iron rod found for comc.:r;
TI-rENCE, North 69 degn;es, 43 minutt::s, 33 seconds West, along said no.rtll rignt-of.way
line. a distance of 189.45 feet to the POINT OF BEGlNNING:
CONT.AINn\G, 1,540,163 squ;,:.n: feet or 35.357 I.lcres ofland, more or leS5.
Ncv-30-l005 OJ;31~~
From-ASKINS .1STROfIG, PC
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t1EXHIBIT en
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 Eighway 225, or State
High,.ilClY V:l:6 shall be subject to the following rules a,nd regulations
pertaining to new signage. screening, driveways and. median
crossovers. These rules and regulations shaJ.J. apply .:i.fter the
effective date of this Agreement when Company develops or
constructs improvements on vaca.nt Lar..d described in Exhibit "A"
which is adj acent to Fairmont Parkv:ay, State Hig.hway 225, or State
Highway 146.
1. Any sign El:Ectcd in said laO' strip of land shall be subject
to the following provisions:
o One freestanding identification sign sha11 be permitted
for e::.l.c:J side of an industrial eGtablishment that fronts
on an improved public right-ot-way.
o Freestanding j,denr.ification stgns for single tenant
buildings shall Dot exceed 150 square feet in area.
o One :freestanding identification sign for identifying
multi'Olc businesses is alla~lable at the intersection of
ilnproved public rights-of-way_
4) :'reestanding identification signs for multiplc businesses
shall not exceed 350 square feet.
o Freestanding id.entif:i.c.;l.tion signs shall not exceed 45
feet in heigbt.
o Ninimum setback for sign cor15t:ruction shall be ten (10)
feet from property lincu.
:2 . \oJhen Land adj acent to said :Loa' strip is developed, thE:
initial 50' of l,aid strip beyond any existing p~peJ.lne
easement cont:i.guolls to either Fairmont Parkway, state Highw<:!.y
225. or StiJ.te Highway 146 shall be screened by one of Lhc::
::ollo',,:ing techni.ques:
aJ Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together wit!t
other vegeta.tion and. underbrush. create a continu,ous
visual scree".
b) The use of: <::arthen berms with approximately 3: 1 side
slopes, 50' wide at the ba.se ana 8' high. The berms may
be landscaped .....ith a combination of trees, shrubs. and
gr.ound Cover. All berms and landscaping \.Jill be
maintained by the p;l;"operl:y owners.
, . ~cv-3J-ZD05 C3:31pm From-ASKINs ~fSTR~~G, PC
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Page 2 of 2
c) A screening plan. to be appr.oved by the City, that
includes a. combination of trees I shrubs, and ground cover
that after 5 years growth will be at least 20 feeL in
height and Shilll, together with shrubs and ground cover,
create. a con.tinuous visual screen. Provided, however. in
public uti 1 icy easements or rights-of-way, the vegetation
sha:l 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.
F'or items b a.nd c above. the actual hmgth of required
screening along the roadway .....ill be equal to t.he length of the
new development that is parallel to the roadway. Screening
shall not be :cequired for new development that is to the reaT.
of or behind existing facilities.
In all cases the 50' st:dp. along the entire roadway frontage.
shall be dedicated aE a landaca:pe easement and sha.ll be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements T.oJhe:r:c a 50'
landscape easement is not available or practical. Company
shall 1l1cet with City to determine a suitab].e landscaping
alternative.
3. Driveways opening from said strip ot land onto State Highway
225 or State Highway 146 shall be subject to theruJ.cG and
regulations of the Texas Department of Transportation and
provisio"hG of the City's Code of Ordinances, whichever if; more
restrictive.
Driveways opening from said strip of land onto Fa:i.1::rnont
Parkway shall be subject. to the rule::; and regulations of
Hi:lrris County alld provision.s of the City's Code of ordinances.
Whichever is mo~e restrictive.
-1. Driveways opening from sa,id strip of land onto FairmonL
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleratioYl lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval or. both Harris County and City.
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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 FIRST
INDUSTRIAL TEXAS, L.P. hereinafter called "COMPANY".
I.
COMPANY is the owner of certain real property, which is situated m CITY'S
Battleground Industrial District and not within the corporate limits of the CITY. CITY and
COMPANY are parties to a current Industrial District Agreement.
II.
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 of
furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit:
III.
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.
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Upon review of these representations, the City has determined the following:
Number of Company Employees on site 60
Number of Contract Employees on site 0
Total on-site Employees 60
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee) 3,000
*Potable Water Approved for Industrial Processes (gpd) 0
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd) 3,000
IV.
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 $ Nt A.
(B) Potable water used for Industrial Processes shall be limited to the following: Nt A.
(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 be approved by City.
(D) The total amount of potable water approved (average daily demand) is established at THREE
THOUSAND (3,000) gallons per day. This number is based on an average of fifty (50)
gallons per employee per day established by CITY, plus any amount approved for industrial
processes.
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(E) The average monthly demand of NINETY ONE THOUSAND FIVE HUNDRED (91.500)
gallons is established by multiplying the average daily demand by a factor of 30.5, which
shall be used to facilitate service billings.
(F) The cost of water up to the average monthly demand of NINETY ONE THOUSAND FIVE
HUNDRED (91.500) 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.
(G) The cost of water for amounts used in excess of the established average monthly demand
shall be two hundred percent (200 %) of the CITY I S rate as established from time to time for
commercial customers inside its corporate limits.
(H) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of NINETY ONE THOUSAND FIVE HUNDRED (91.500) gallons per
month. Repeated consumption greater than the established average monthly demand may
result in termination of service.
(I) 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.
(J) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(K) 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.
(L) 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.
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(M) 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.
(N) A reduced pressure zone backflow preventer shall be installed and maintained by
COMPANY to protect CITY from any possible cross-connections.
(0) The potable water supply system will be segregated from any existing and future
COMPANY fire protection system.
(P) There shall be no resale of the water provided by CITY, nor any extension of service lines
by COMPANY to serve other parties.
(Q) COMP ANY 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.
(R) CITY does not guarantee its water system will provide specific water pressure and/or water
volume requirements of COMPANY.
(S) COMPANY is responsible for design of adequate and appropriate systems for fire suppression
systems to its facilities.
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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 shall retain ownership and maintenance responsibility for its water meter(s). In the
event a State or Harris County license, permit, or 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.
VII.
CITY reserves the right of ingress and egress at all reasonable times for the purpose of
reading, maintenance, installation, removal and/or relocation of its water meter(s) and for
inspection of COMPANY'S water facilities in order 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.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms
and provisions hereof by 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.
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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 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 if CITY exercises its right of termination.
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ENTERED INTO and effective the
CITY OF LA PORTE
ATTEST:
~A- fl. 11:/1ll
Martha A. Gillett
City Secretary
AP~~d;
Knox W. Askins
City Attorney
City Attorney
PO Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
y-
'7 day of
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D.vtei1'--{~ r
,2005
By:
CITY ~ ~A PORTE \":>
Ry' ~~,\~
Alton E. Porter
Mayor
RYclJ1~c4J~tPL
Debra Brooks Feazelle
City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77572
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 \'d)()Ia/p5 ~'
. I:
CITY _
COMPANY 1=\~~\ ~ ~
ADDITIONAL REQUIREMENTS
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 CO MP ANY, 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.
COMP ANY 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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