HomeMy WebLinkAbout2000-IDA-76
REQUEST FOR CITY COUNCIL AGENDA ITEM
Aoorooriation
Agenda Date Requested: SeotelPber 26. 2005
/i ,. i
Requested By: Wavne..4. SaiiJ.........
r '!
Department: Planninl!
Source of Funds:
NtA
Account Number:
NtA
Amount Budgeted: NtA
Report: _Resolution: _Ordinance:...L
Amount Requested: Nt A
Exhibits:
A. Ordinance for Industrial District Agreement
B. Industrial District Agreement
C. Ord. for Water & Sewer Service Agreements
D. Water Service Agreement
E. Sanitary Sewer Service Agreement
F. Area Map
Budgeted Item: _YES ...K...-NO
SUMMARY & RECOMMENDATION
Vantage Development #38 Inc. located within the Bayport North Industrial Park has recently approached the
City for water and sanitary sewer service to serve the their site. Vantage will operate an office and
warehouse/distribution facility at this location.
,,-
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.
..J'
Vantage Development #38 Inc. desires to pursue water and sanitary sewer service under the terms of the
policy. Based on the company's stated demand for domestic and industrial process uses, the average daily
demand for water is 10,300 gallons per day (10,000 gpd for domestic + 300 gpd for industrial processes).
This demand includes utilization of water for the building's fire sprinkler system and landscape irrigation.
The applicant will pay one and one-half (1-~) times the City's current utility rate. Vantage Development #38
Inc. is subject to an administrative fee in the amount of $15,000 for each agreement. Payment has
subsequently been received in the amount of $30,000.
The term of the Water Service Agreement and Sanitary Sewer 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 termination.
Staff recommends approval of the Industrial District Agreement, Water Service Agreement and Sanitary
Sewer Service Agreement as submitted herein.
Action Reauired bv Council:
Consider approval of an ordinance authorizing the City to enter into an Industrial District Agreement and an
ordinance authorizing the City to execute a Water Service Agreement and Sanitary Sewer Service
Agreement with Vantage Development #38 Inc.
ADDroved for City Council kenda
q -d-O --0 5
Date
EXHIBIT" A"
Ordinance for
Industrial District Agreement
EXHIBIT "B"
Industrial District Agreement
(2 Copies)
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NO. 2000-IDA-76 ~
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STATE OF TEXAS ~
~
COUNTY OF HARRIS ~
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and VANTAGE DEVELOPMENT #38,
INC., a Texas business corporation, hereinafter called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established policy of the City Council of
the City of La Porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which will tend to enhance
the economic stability and growth of the City and its environs by
attracting the location of new and the expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this City Council as being in the best interest of the
City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "An (hereinafter "Landn) ;
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
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial district may be changed pursuant
to the terms of this Agreement. Subject to the foregoing and to
the later provisions of this Agreement, City does further covenant,
agree and guarantee that such industrial district, to the extent
that it covers said Land lying within said District and not now
within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended to it any
services by City, and that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing plats and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or jUdicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
. II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" payments hereunder.
Therefore, the parties agree that the appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at City's expense, by an independent
appraiser of City's selection. The parties recognize that in
making such appraisal for "in lieu. payment purposes, such
. appraiser must of necessity appraise the entire (annexed and
unannexed) Land, improvements, and tangible personal property.
2
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 "RenditionW). 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 Rin lieu of. taxes are assessed are more
fully described in subsections I, 2, and 3 of subsection D, of this
Paragraph III (sometimes collectively called the wProperty.);
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
(Wproducts 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 nin lieu of taxes. on Company's
Property as of January 1st of the current calendar year (.Value
Yearn) .
D. Company agrees to render to City and pay an amount n in lieu of
taxes. on Company's Land, improvements and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
3
each year by city's independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to City if all of said new
construction had been within the corporate limits
of City and appraised by City'S independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the amount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of this Agreement,
had been within the corporate limits of City and
appraised each year by the City's independent appraiser,
4
in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an additional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
city to annex land belonging to Company or imposes further
obligations on city in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement between City and all of the
owners of all land within the District of which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
city on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, plus (b) the total amount of the "in lieu of
taxes" on the unannexed portions of Company's hereinabove described
property which would be due to City in accordance with the
5
foregoing provisions of this Agreement on the basis of renditions
which shall be filed by Company.
When the city or Harris County Appraisal District (as the case may
be) valuation on said property of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisdiction or as the result of other final conclusion
of the controversy, then within thirty (30) days thereafter Company
shall make paYment to City of any additional paYment due hereunder
based on such final valuation, together with applicable penalties,
interests, and costs.
B. Should Company disagree with any appraisal made by the
independent appraiser selected by city pursuant to Article ,II above
(which shall be given in writing to Company), Company shall, within
twenty (20) days of receiving such copy, give written notice to the
city of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of -in lieu of taxes"
payments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the city with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company's property for · in
lieu. purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submit the dispute to final arbitration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to city on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
(b) the total amount of the .in lieu. paYments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
.in lieu of taxes. thereon for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding~ The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company's property for calculation of the
"in lieu. payment and total paYment hereunder for the
year in question. The Board shall hear and consider all
relevant and material evidence on that issue including
6
expert op~n~on, and shall render its written decision as
promptly as practicable. That decision shall then be
final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company and the city, provided that each party shall bear
its own attorneys fees.
VII.
city shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes. paYments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
city and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the property
belonging to it within the territory hereinabove described, and the
agreements herein contained shall be held to be covenants running
with the land owned by Company situated within said territory, for
so long as this Agreement or any extension thereof remains in
force. Company shall give City written notice within ninety (90)
days, with full particulars as to property assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without such agreement neither party hereto would enter into this
Agreement. In the event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articles or other parts of this
Agreement or the application thereof to any person, firm,
7
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.
VANTAGE DEVELOPMENT #38, INC.
6650 W. Sam Houston Parkway N.
Suite 400
Houston, TX 77041
ATTEST:
'1Jt at:Ma- vIJ../ /4
it Secretary
By:
CITY OF LA PORTE
~X~
Alton E. Porter
Mayor
APPa:~~
Knox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
~~~-~~~
vera Brodks Feaz Ie
City Manager
ATTEST:
c-::r!l{Jdfi1L pI1~
City Secretary
CITY OF LA PORTE
604 West Fairmont Parkway
La Porte, TX 77571
CITY OF LA PORTE
8
-EXHIBIT An
METES & BOUNDS DESCRIPTION
24.5223 ACRES BEING ALL OF
RESTRICTED RESERVE "0" AND A
PORTION OF RESTRICTED RESERVE" "C"
BAYPORT NORTH INDUSTRIAL PARK
HARRIS COUNTY, TEXAS
-.
All that certain 24.5223 acres of land being all of Restricted Reserve "0" and a portion of Restricted Reserve "C",
Bayport North Industrial Park according to the plat thereof filed at Film Code No. 437010, Harris County Map
Records, also being out of that certain called 110.5334 acre tract of land described in a deed dated 11-08-1999
from Don L. Tuffli, Trustee to Bayport North Industrial Park, L.P. filed for record in the Official Public Records of
Real Property of Harris County, Texas, at Clerk's File No. U-074535, Film Code No. 529-10-2591 and being out of
that certain called 45.59 acre tract of land described in a deed dated 11-08-1999 from Don L. Tuffli, Trustee to
Bayport North Industrial Park, L.P. filed for record in the Official Public Records of Real Property of Harris County,
Texas, at Clerk's File No. U-074536, Film Code No. 529-10-2596 being more particularly described by metes and
bounds as follows:
BEGINNING at a found 5/8" iron rod with cap located in the south right-of-way line of New Century Drive (60' wide)
at its intersection with the west end of a 20' cut back line for the west right-of-way line of Underwood Road (50'
wide), and being the northerly northeast comer of said Reserve "0";
THENCE S 470 31' 42" E - 28.00' with the said cut back line, to a found 5/8" iron rod with cap for comer,
THENCE S 010 56' 14" E -1,236.15' with the said west right-of-way line to a found 518" iron rod with cap located in
the north right-of-way line of New Decade Drive (60' wide) at its intersection with the east end of a 20' cut back line,
and being the northerly southeast comer of said Reserve "0";
THENCE S 420 45' 13- W - 28.44' with the said cut back line, to a found 5/8- iron rod with cap for comer, ,
THENCE with the aforementioned north right-of-way line of New Decade Drive S 87026' 41" W, at 730.16' passing
a found 5/8- iron rod with cap for common comer of Reserves "C" and "0-, and continuing a total distance of
820.17' to a found 5/8" iron rod with cap for comer,
. THENCE in a northerly direction N 010 56' 01- W - 1,267.87' to a found 5/8" iron rod with cap for comer;
THENCE with the aforementioned south right-of-way line of New Century Drive N 860 52' 50- E, at 90:02' passing a
found 5/8" iron rod with cap for common comer of Reserves "C" and "0", and continuing a total distance of 820.21'
to the POINT OF BEGINNING and containing 24.5223 acres (1,068,192 square feet) of land, more or less.
Compiled from survey by:
PREJEAN & COMPANY, INC.
Surveying I Mapping
Job No. 256-1-7
April 17, 2000
C:\Richard\Metes & Bounds\256-1-7.mb.doc
REXHIBIT 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.)
-EmIBIT C-
Page 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A.
which is adjacent to Fairmont Parkway, State Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
· One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
· Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
· Freestanding identification signs for multiple businesses
shall not exceed 350 square feet.
· Freestanding identification signs shall not exceed 45
feet in height.
· Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing trees shall, together with
other vegetation and underbrush, create a continuous
visual screen.
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and 8' high. The berms may
be landscaped with a combination of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
-EXHIBIT C-
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 cont inuous 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 arid
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subj ect 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 Fairrnont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairrnont Parkway shall
be subject to the approval of both Harris County and City.
EXHIBIT "C"
Ordinance for
Water Service Agreement
ORDINANCE NO. 2005- ,~..'6'fJ./
.,.-
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND VANTAGE DEVELOPMENT #38, INC;
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. The City Manager is
hereby authorized to execute said contact, agreement, or other
undertaking described in the title of this ordinance.
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 subj ect 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.
ORD I NANCE NO. 2005 - ~ 1> 4 ~
PAGE 2
PASSED AND APPROVED, this .:31L day of f1:Jbber
, 2005.
CITY OF LA PORTE
~t,~~
By:
Alton E. Porter
Mayor
ATTEST:
l;/Jl!1JlJ& () ~
Marttia A. G~llett
City Secretary
AP~&) ~
Knox W. Askins
City Attorney
--
,~
EXHIBIT "D"
Water Service Agreement
1
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
rrnmicipal corporation of Harris Cowrty, Texas, hereinafter called "CITY", and VANTAGE
DEVEWPMENT #38, INC., A TEXAS BUSINESS CORPORATION hereinafter called
"COMPANY".
I.
COMPANY is the owner of certain real property which is situated in CITY'S Bayport
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties
to a ClUTent Industrial District Agreement.
ll.
COMPANY is desirous of purchasing potable water from CITY for usual hmnan 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 fonows, to-wit:
Ill.
COMPANY has made certain representations to CITY as to its mnnber 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.
2
Upon review of these representations, the City has determined the following:
Number of Company Employees on site
160
Number of Contract Employees on site
40
Total on-site Employees
200
Potable Water Approved for Domestic Use
(Total on-site Employees times 50 gpd per employee)
10.000
*Potable Water Approved for Industrial Processes (gpd)
300
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
10.300
IV.
CITY has determined 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 $ 15.000
(B) Potable water used for Industrial Processes shall be limited to the following:
Building fire sprinkler (designed for ordinary hazard group 2. 350-450 gpm). landscape irrigation.
(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 responstble for installing appropriate meter box
to be approved by City.
(D) Where applicable, COMPANY shall also pay to CITY $ N/ A as a pro-rata reimbursement
for installation of utility mains fimded by other parties.
(E) The total amount of potable water approved (average daily demand) is established at TEN
THOUSAND THREE HUNDRED (10,300) 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
3
industrial processes.
(F) The average monthly demand of THREE HUNDRED FOURTEEN THOUSAND ONE
HUNDRED FIFTY (314.150) gallons is established by multiplying the average daily demand by a
factor of30.5, which shall be used to facilitate service billings.
(G)The cost of water up to the average monthly demand of THREE HUNDRED FOURTEEN
THOUSAND ONE HUNDRED FIFTY (314.150) 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 (200%) of the CITY'S rate as established from time to time for connnercial
customers inside its corporate limits.
(1) Nothing contained in this Agreement shall obligate CITY to finnish more than the average monthly
demand of THREE HUNDRED FOURTEEN THOUSAND ONE HUNDRED FIFTY
(314.150). Repeated consumption greater than the established average monthly demand may resuh
in termination of service.
(1) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if
an emergency arises and there is not an adequate water supply to meet the needs of the citizens of
La Porte.
(K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S
sole discretion.
(L) The total cost for the engineering design and construction of any potable water main, service line,
back flow preventer, meter or other required appmtenances will be the responsibility of
COMPANY.
4
(M)COMP ANY 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 plwnbing 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 persormel 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.
(0) A reduced pressure zone backflow 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 descnbed in Exlubit A. These
requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of the meter, service lines from the main to the meter, and from
the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall
own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter.
VI.
CITY will have ownership and maintenance responsibility for its water mains, and service lines
5
up to and including CITY'S water meter. In the event a State or Harris County license, pennit, 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.
VIT.
CITY reserves the right of entry at all reasonable times for the purpose of inspection of
CaMP ANY'S water facilities, and to observe compliance with the tenns and conditions of this
Agreement. When exercising its right of entry, CITY shall notify CaMP ANY in advance. CITY also
agrees to follow established health and safety policies in effect at caMP ANY'S facility.
VIII.
CITY reserves the right to terminate this agreement in the event of violation of the terms and
provisions hereofby caMP ANY. CITY will provide caMP ANY with written notice of any defects
and CaMP ANY shall have the opportunity to cure any defects. Failure to correct defects within ten
(10) days may resuh in termination of Agreement. CITY shall have the right to summarily correct, at
CaMP ANY'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, CaMP ANY 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.
6
ENTERED INTO effective th;3.u1 day of ()~~, 2005.
VANTAGE DEVEWPMENT #38, INC.,
A TEXAS BUSINESS CORPORATION
Company
By:
\....
e: \C~ r-es,~-t
Address: v~ "50 c..,). ~ ~~ ?t..JfN.
&~...x.. 400, ~~,T)(. ""'~4\
CITY OF LA PORTE
ATTEST:
~L ().~-'
A. Gillett
City Secretary
~IA~~r
By: [,. ~
Alton E. Porter
Mayor
/)
a;;4~
Knox W. Askins
City Attorney
By. (illj0.OJIA~a J L
Debra B. Feazene ()
City Manager
City Attorney
PO Box 1218
LaPorte, TX 77572-1218
City of La Porte
604 West Fairmont Parkway
LaPorte, TX 77571
Phone: (281) 471-1886
Fax: (281) 471-2047
Phone: (281) 471-5020
Fax: (281) 471-7168
7
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 CO~ ANY
dated J D- .3 ;)..tJ oS .
ADDmONAL REOUlREMENTS
COMP~~
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.
EXHIBIT "E"
Ordinance for
Sanitary Sewer Service Agreement
ORDINANCE NO. 2005-~
AN ORDINANCE APPROVING AND AUTHORIZING A SANITARY SEWER SERVICE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND VANTAGE DEVELOPMEN'l'
#38, INC; MAICING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE
SUBJECT; FINDING COKPL:IANCE 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 manager 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 subj ect 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.
ORDINANCE NO. 2005- ~i>1~
PASSED AND APPROVED, this
btd-
ATTEST:
~f!f!~ilq~~
City Secretary
AP;LaJ~
Knox W. Askins
City Attorney
By:
PAGE 2
day of (()rJDW'
, 2005.
CITY OF LA PORTE
~C\>~
Alton E. Porter
Mayor
-
EXHIBIT "F"
Sanitary Sewer Service Agreement
~-
1
STATE OF TEXAS ~
COUNTY OF HARRIS ~
SANITARY SEWER SERVICE AGREEMENT
(fur Companies located in Bayport North Industrial Park)
This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a
municipal corporation of Harris Cowrty, Texas, hereinafter called "CITY", and VANTAGE
DEVEWPMENT #38, INe., A TEXAS BUSINESS CORPORATION hereinafter called
"COMPANY".
I.
COMPANY is the owner of certain real property, which is situated in ClTY'S Bayport
Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are
parties to a cmrent Industrial District Agreement.
II.
COMPANY is desirous of purchasing sanitary sewer service from CITY for usual hmnan
domestic uses. COMPANY recognizes that CITY cannot at this time provide pennanent and
unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to
COMPANY. For and in consideration of finnishing sanitary sewer service by CITY, the parties hereto
agree as follows, to-wit:
ill.
COMPANY has made certain representations to CITY as to its mnnber of employees, and/or
its desired amowrt of sanitary sewer from limited industrial processes, as of the date of this agreement,
upon which representations CITY has relied in entering into this Agreement.
2
Upon review of these representations, the City has detennined the fonowing.
Number of Employees on-site
160
Number of Contract Employees
40
Total on-site Employees
200
sanitary Sewer Desired for Domestic Use
(Total on-site times 50 gpd per employee)
10.000
Sanitary Sewer Approved for Industrial Processes (gpd)
o
Total Amount of Sanitary Sewer Approved
by Company (Average Daily Demand, gpd)
IV.
CITY has detennined that adequate facilities are available to allow CITY to furnish sanitary
sewer to COMPANY based on the fonowing terms and conditions, to-wit:
10.000
(A). Company shall pay to CITY a one-time administrative connection charge of $ 15.000.
(B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing
Division and pay appropriate deposit.
(C). The average daily demand is established at TEN THOUSAND (10.000) gallons per day. This
number is based on an average of fifty (50) gallons per employee per day established by CITY.
(D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily
demand multiplied by a factor of30.5, which shall be used to facilitate service billings.
(E). The cost of sanitary sewer service up to the average monthly demand of TWO HUNDRED
FIFTY-NINE THOUSAND TWO HUNDRED FIFTY (259.250) gallons shall be one hundred
fifty percent (150010) of the CITY'S rate as established from time to time for commercial
customers inside its corporate limits.
(P). The cost of sanitary sewer service for amounts in excess of the established average monthly
demand shall be two hundred percent (200010) of the CITY'S rate as established from time to time
3
for corrnnercial customers inside its corporate limits.
(G). Nothing contained in this Agreement shaD obligate CITY to finnish more than the average
monthly demand of TWO IillNDRED FIFTY-NINE THOUSAND TWO HUNDRED FIFTY
(259.250) gallons. Repeated sanitary sewer delivery greater than the established average
monthly demand may result in tennination of service.
(II). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the
CITY may require the suspension of use of the sanitary sewer system for periods not to exceed
thirty-six hours.
(I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to
COMPANY if an emergency arises and there is not an adequate sewer collection or treatment
capacity to meet the needs of the citizens of La Porte.
(1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74,
Article IT of the Code of Ordinances) and any subsequent amendments or revisions.
(K). The total cost for the engineering design and construction of any sanitary sewer main, service
line, lift station, meter or other required appmtenances will be the responsibility of COMPANY.
(L). COMPANY agrees that it shaD be bound by all applicable ordinances of CITY, relative to the
furnishing of sanitary sewer service to customers within the corporate limits of CITY.
(M). All plwnbing installed by COMPANY comected to the sanitary sewer line from CITY, shall meet
all applicable State of Texas and CITY plwnbing code requirements. CITY'S engineering and
code enforcement persomel shall have the right of prior review and approval of COMPANY'S
plans and specifications for the plwnbing system(s). CITY plwnbing inspectors shall have the
right to inspect any and all work related to the furnishing of sanitary sewer service to
COMPANY.
(N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of
4
service lines by COMPANY to serve other parties.
(0). 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 project may be subject to certain additional requirements as described in Exlnbit A.
These requirements shall be shown on the site plan and approved by City.
V.
All expenses of the installation of service lines from the main to the COMPANY'S facilities
shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and
plumbing facilities.
VI.
CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or
service lines within Bayport North fudustrial Park. fu the event a State or Banis County license,
permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is
required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement.
VIT.
CITY reserves the right of entry at all reasonable times for the pmpose of inspection of
COMPANY'S sanitary sewer facilities, and to observe compliance with the tenm 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 tenm 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 sanitary
sewer system is threatened
IX,
5
Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to
prepare for transition to another sanitary sewer service provider. If the transition is not complete
within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole
discretion.
x
In the event of any conflict between the terrm and provisions of this Sanitary Sewer Service
Agreement and the terrm and provisions of the Industrial District Agreement between the parties, the
terrm and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such
conflict. The term of this Agreement shall tenninate on December 31, 2007. However, this
Agreement shall automatically expire at such time as there is no effective Industrial District Agreement
between the parties or if CITY exercises its right of termination.
ENTERED INTO effective the 31&
day of Q.)OP;f(
.2005.
VANTAGE DEVELOPMENT #38, INC.,
A TEXAS BUSINESS CORPORATION
Company
By. ~~;?~
. e:~ ~ (.-e.. ~~e.s,~e.-..,.
Address: lilt. 'S () W . S~ ~~ -=?tw ~ tJ.
~ 400: \\ 0lL0~ ;T~ .., I~ 4t
CITY OF LA PORTE
ATTEST:
CITY OF LA PORTE
~y~
L1f/!d;ip, d. ~
A Gillett
City Secretary
APP~OVED: r!J ,
~~
Knox W. Askins
City Attorney
By:
Ahon E. Porter
Mayor
By:
cxt~~~Q~
Debra B. Feazelle
City Manager
6
This is EXHIBIT A, consisting of 1 page,
referred to in and part of the Water Service
Agreement and/or Sanitary Sewer Sernce
Agreement 1Jetv.reen CITY and COMPANY
dated IV'.3 J-OO)' .
ADDITIONAL REQUIREMENTS
Initial:
COMP~~
The Agreement is amended and supplemented to include the following agreement of the parties.
COMPANY shall provide additional improvements as specifically set forth below. These
agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell
water and/or sanitary sewer to COMPANY pursuant to the terrns of the Water Service
Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional
improvements undertaken by COMPANY are an integral part of the consideration by COMPANY
for obtaining the provision of water and/or sanitary sewer service from CITY.
1) Storm Water Plan: For new development COMPANY shall provide a Storm Water
Management Plan that is approved by Harris County Flood Control District and CITY.
COMPANY shall construct and maintain any storm water system as a condition of
continued water and/or sewer service.
2) Beautification Efforts:
COMPANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY
shall install and maintain landscaping along its existing developed frontage as per approved
Landscaping Plan as a condition of continued water service.
3) Sampling Well:
COMPANY shall install a sanitary sewer sampling well in accordance with CITY's
standards.
4) Industrial Waste Permit:
COMPANY shall submit application to CITY for industrial waste pemrit.
EXHIBIT "G"
Area Map
V\6t <l Y\ -h I L