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HomeMy WebLinkAbout2007-IDA-133 North Bayport Industrial Park II,LtdNO. 2007-I]DA-1,33 STATE OF TEXAS COUNTY OF IMRzIS INDUSIR ar, 1015TRIVr A(;11tVmmjgT This AGREEMENT made Md entered into by and between the CITY OF LA POItTE, TS$I1,8, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Ba rt Industrial Park - Il-, Ltd. , "a Texas limited paztnersRip - °�— , ;x&xe naftEsc call�`�c __5_C AVk 1�ITX13S S 8TH: W'MFJW, 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 in hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and SAS, Pursuant to its policy, City has exacted Ordinance No. 729, des gnating portions of the area located in its extraterritorial Jurisdiction as the 93attleground Industrial District of La Porte, Texas", and Ordinances No. 842A, designatitag }portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", lxexeinafter collectively called uDistriet", such Ordinances. being in compliance With the Municipal Annexation Act of reins, codified ng as section 42.044, Texas Local. Government Code; and WHEREAS, Company is the owner of hand within a designated Industrial District of the City of La Porte, said land being legally described on the attached ,Exhibit "A" (hereinafter "Land"); and said Land being more particularly Shown an a plat attached as Exhibit "D", which plat describes the ownership lines; a sate layout, showing all improvements, including Pipelines and railroads, and also showing areas of previously annexed by the City of La Porte; and the Land �MRMIS, City desires to encourage the expansion, and growth of induatrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to se Ordinance adopted by the City Council of said city and recorded in the official mirnut~ea of said City, R=AL 1)RAZT4 KOVembsx 1, 2007 NOW, THEREFOIRS, 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: 1. City covenants, agrees and guarantees that daring the germ of this Agreement, provided below, and subject to the teams and provi.siona of this Agreement, said District shall continue to retain its extrater-ritorial 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 may 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 immune from Provided) and shall have no right to have extended to it any ter services by City, and that atll Land, including that whieh 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 manner whatever control in any over the conduct of business thereon; Provided, however, any portion of sand constituting a strip of land 100, wide and contiguous to either Fairmont Parkway, state Highway 225, or State Highway 146, shall 3ne to the rules subject and regulations attached hereto as Rxhibit and t 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 Texals Water Code, the Te=s Clean. Air Act, the Texas Health & Safety Code, or other federal or atate environmental lawn, ruled or regulations, to the salve extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. rx. In, the event that any portion of the Land has heretofore been a=exed by City, Company agrees to render and pay full. City ad valorem taxer; on such annexed Land and im,Provemento, and tangible personal property. Under the terms of the Texas Property Tax Core (9,13. 621., Acts of the 65th Texas Legislature, Regular Session, �979, as amended), the appraised value for tax purposes of the annexed portion of :,stnd, improvements, and tangible personal determined by the Harris County Appraisal District. The shah. be hereto recognize that saiddAppraisal District has no authority parties appraise the Land, improvements, and tangible authority to the unannexed area for the purpose ofg computing thep "in 11 3l, "in lzeu 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 o:0 necessity appraise the ,entire (annexed and unannexed) Land, improvements, and tangible personal property. 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. SIT. A. The properties upon which the "in lieu of" taxes are assessed are more fully described In subsections 1, 2, and 3 of subsection C, of this Paragraph III (sometimes collectively called the "Property")j 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. Property included in this AgreemenL• shall. not be entitled to an agricultural use exemption for p»posee of computing min lieu of taxes" hereunder. B. On or before the later of December 31, 2008, or 30 days From mailing of tax bill, and in like manner on or before each Deoember Slot thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" on Companyis Property as of January tat of the current calendar year ("Value Year ). C. Company and City agree that the following percentages (°Percentage Amount") shall apply during each of the Value Years: Value Year 2008: 62:W Value Year 2009: 62W Value Year 2010s 62* Value Year 2011: 6291 Value Year 2012: 62-W Value Year 2013: 62* Value Year 2014: 63& Value Year 2015. 63$ Value Year 2016; 63Ps Value Year 2017: 63* Value Year 2018: 63W Value Year 2029: 63W Company agrees to pay to City an amount of uin, lieu of taxes" on Company's land, improvements and tangible ofrgonal property in the unannexed area equal to the sum 3 x. Percentage Amount of the amount of ad valorem taxes Which would be payable to City if all of the Company's and each January Land and improvements which existed on January 1, 2008, dear during the gthe 1 thereafter of the applicable Value term of this Agreement, (excluding Amounts which would be so payable with respect to any Substantial Increase in value of such Land and Improvements to which subparagraph 2, ,below applies), had been within the corporate limit, of City and each year by City►s independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and z (a) an any Substantial Increase in value og the Land, improvements, and tangible (excluding inventory)personal propertyconstruction, in excesof he leafed to new same on sanua -y 1, value of 2007, resulting dfrom new construction (exclusive of construction in Progress, which shall be exempof from taxation), for each Value Years following completion construction in progress, an amount equal to Twenty-"Ve percent (25$) , if congtZUcti.on is completed ire Value years 2008 through 20x3; and Twenty a years 014 , if through is completed d value YetAx 201� through 2019, of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporateindependent limits oif City and A raiappraiser PP sed by City s applicable pxavlaions Hof i the accordance ,Property Tax Cade. C In the case of new construction which is completed in value Year 2016 or later, and provided further, that City and COmpanY enter into as Industrial District Agreement after the expiration of this industrial District Agreement, then, and is such events, such new construction shall be entitled to additional Value Years undea. the new Agreement at a Twenty percent 20 (� under thin subparagraph (a), fox total valuation a u tion six Year 2022 (6) Value Years, but not extending beyond Value (b) A Substantial Increase in value of :improvements, and tangible the Land, Personal (excluding Inventory) As ablUsee in ,� property above, is defined as an Increase in value that (is the lesser of either: a at least VIve percent (5k) of the total appraised values ©f Lang and improv07, orements, an ii. aacumulativeaval,ue of at least $3 _ ,sao,oao.00. )'or the purpogaa 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. (a) If existing Property values have depreciated below the Property value established on January 1., 2007, 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 Tanuary 1, 2007, value; and Percentage Amount of: the amount of ad valorem taxes Which would be payable to City on all of the Companyle tangible personal proPexty of every description, located in an industrial district of City, including, without limitation, inventory, tia�cludiz�g inventory a federal Foreign. Trade Zone and including Freeport exempted inventory), oil, gas, and mineral, interests, items of leased equipment, railroads, pipelines, and products in storage located on the Ladd, if all of said tangible personal property which existed on Januaxy 2008, and each January I thereafter of the applicable Value Year during the tex►u of this Agreement, (excluding amounts which would be so parable with respect to any Substantial increase in value of such tangible personal property to which subparagraph 2, above applies) , had been wa,thin the corporate: limits of City and appraised each year by the City,s independent appraiser, 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 valoreut takes on the annexed portion thereof as determined by appraisal the iiaxxia County Appraisal District. ppxaiea Notwithstanding the above, should City elect to grant the Freeport inventory exemption authorized by Article VIIT, Section 1- j of the Texas Constitution and Section 11..251 of the Texas Property Tax Code to taxpayers within the City limits, then the f'reeport inventory exemption shall s►pplY to parties to this Agreement. Further, should inventory or any other class or type of Property Become exempt from taxation by constitutional amendment or act of the Texas Legislature (including, but not .limited to, Article vIll, Section 1-n, of the Texas Constitution and Section 11..253 of the Texas Property Tax Code), such class or type of property shall be exempt for purposes of this Agreement, unless the City Council Of the City of ia, Porte shall by ordinance provide for the continued taxation of such Property under the authority of any appliosuch ble Statutes. of the Texas Constitution and Texas Statutes. 5• City and Company acknowledge aircumstan.ces might require the City to provide emergency services to Company's Property described on ��.bit °A^ attached hereto. Emergency services are limited to fire, Police, and public works emergency services. if Company is not a member of Channel lxxdustrieo Mutual Aid Asgooxation (C'MA), Company agrees to reimburse Clty for Its costs arising out of any emergency response requested by Company, to Company,s property, and to which City agrees to xiaspond. o Zf Company is a Co member of c1n, the obligati(ms of CCo and City governed b shall be y the CIMA agreement, to which agreement City is a party. IV. This Agreement shall extend for a period beginning on the xst day If January, 2008, and continuing ther�ea;�tsr until December 3], 2019, unlessextended for an additional Period or periods of me ti upon mutual consent: of Company and City aB Municipal Annexation Act; Provided, however, the by the in Provided theevent this Agreement is not so extended for an additional. period or Periods of time On or before AugUSt 31, 2019, the agreement of City not to annex ,property of Company within, the terminate. Ithat event, District small City shall have the right to commence Immediate annee xation proceedings as to all of Company's property covered by this Agreement, notwithstanding any Provisions Of this Agreement.of the terms and t:ompany agrees that if the Texas Municipal Act, Section 42.044, Texas Local Government Cone, is amended after January 1, 1994, or ethe new of T legislation is is enacted by the iegir,,lsture of the state of texas which imposes greater restrictions on the right Of City to annex land belc►nging to Company or imposes further Obligations on City in aa�aneetion therewith after the annexation of such land., Company will waive the right after require City to Comply with any such additional restrictions or obligations and the rights of the Parties shall be then no Obligations tiondaand with the provisions of said Texas Municipal determined Act as the Same existed January 9., 1994. V. This Agreement may be extended for an additional Period or periods by agreement betweenCity and Company and/or its assign though it is not extended by agreement between Cif:°` even owners of all land within the District of when it ens alb. of the part. 'VI. A. in the event Company elecf:B Purposes set on its said to protest the valuation for tax to by City or by the Harris hereof, Anothinalinythis A ct for any Year or years during the terms g Agreement shall preolude► such Protest and 6 Company $hall have the night to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise Provided in Article VI(B), Company agrees to pay to City on or before the date therefor hexeinabove provided, at Least the total of (a) the total, amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu OX taxes" on the uua2itlexesi portiorxs of Company'$ hexeinabove described property which would be due to City in accordance with thO foregoing provisions of this Agreement on the basis Of renditions which small 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, or City shall mols:e payment to CoMMY of any refund due, as the case may be, 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-rtiele 11' above (which ohall be given in writing to Company), Company shall, within. twenty (20) calendar days of receiving City'$ invoice, give written noticed 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 ap raiser shall be final and controlling for purpoves of the determination Of "in lieu of taxes" payments to be made under this Agreement. Should Company gave also submit such notice of disagreement, Company shall to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hexeinabove described property. Both s agree to thereupon enter into good faith negotiations in a anieattemp to reach an agreement as to the market value of Compay,s property for "in lieu" Purposes hereunder. 1f, after the expiration of thirty (30) days from the slate the notice of diesgxeemen received by City, the Parties have not reached a a was much market value, the paxties agree to submit thes to e dispute to final arbitration are provided in subparagraph 1 of this Article Vi(B). Notwithstanding any such disagreement by Company, Co an a to pay to City on or before Decembex 31 of eachY grass term hereof, at least the total of (a) the ad valorem taxeduring the the annexed portions, plus (b) the total amount of the lin lieu" payments which would be due hereunder on the basis of Company's writt= Vacluationo statement submitted to City by Company hereunder, oz; the total. assessment and nin lieu of tares" thereo for the last preceding year, whichever is higher. n �. A 80ard 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 Oudgge -of the U.S. Distriappoinct Court for the southern District of Texas Arbitxat the third arbitrator who, (as the „Impaxtj.al shall preside over the arbitration proceeding. The sole issue to be determined In the arbitration shall be between �'esolution of the difference the parties as to the fair market value of Camp?anY's property for calculation of the "in lieu« payment and total payment hereunder for the year question. The Board shall hear and in id rely vant and material evidence on that conser all issue3 In expert opinion, and shall render its written deciding as Pxomptly as practicable, lit decision shall then on be i:inal and binding upon the parties, subject only to Judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitrationn, 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 bean- its own attorneys fees. VX1. City shall, be entitled to a tax lien on �Compalzy l s above described Property, er improvements thereon, and all tangible Property thereon, in the event of default in personal Of taxes" ,payments hereunder, payment of is lieu interest in like manner' as delinquenthich shatll accrue penalty and collectible by City in the same anner a s'Providedi by shall be delinquent taxes, law for VIIX. This Agreement shall. inure to the benefit of and be binding upon City and Company, and upon Company's successors affiliates and subsidiaries, and shall remain in forts and aysihe�her voluntarilyorasby , in any other manner disposes of, either prapexty belonging operation oit within of w'thall territory part of the described, and the agreements herein the shall her inaoobe covenants roam ng with the land owned by Company situated within said territory, for so long as this thereof remains in force. this shall gi�venCitarticulatey w�tten�rsietia� within ninety (90) days, with full assigned and identity of assignee, of apny d spositi.on of Property and assignment of thi,b Agreement . the 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 move 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, with exiations and conditions get fosrtb, herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. 5�ithout such agreement neither party hereto would enter into this Agreement. In the, event any one or more words, phrases, clauses, sentences, paragraphs, Sections, articles or other parts of this Agreement or the application. thereof to any parson, firm, corporation or circumstances shall be held by any court of competent jurisdiction to be iaivalid or unconstitutional for any reason, then the application, invalidity or unconOtitutionalit of such words, phrase, clause, sentence, paragraph, section, art le 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. X1 . Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. X11. Notices by a party to the other party hea:eto, shall be mailed ax delivered, an follows: To the City of La Porte: City Manager City of La Porte 604 West sairmont Parkway La Porte, T8 77571 To Company. Nor Ba rt Industrial Park II, Ltd. Attention: _ mTpxau F ,u f1i Department l_' Comcany, Inc. 2 80 S ark Drive,'3ii Company abalx Torrance, CA 90505 Pro, Promptly notify City of any chenge of ownership of P Y, any assignment of this Agree billing address. ment, and of aay change of colVanychanges spathe ollowCity ing informations on or before �71tue :L, of any changes to 9 9 Plant manager Jason Cooper, vp Name: _ Ar'oh-Con Corporation Address:' 1335 West Gray Suite 300 Phone: Houston. Tx 77019 _ Fax: (��"5-7a�� Email: �cr0�rrh_mn.com_ Tax Agent/Bi:.l.ing Contact Harvey English Name: Cowercial Tax Networls Address: 8222 Antoine Drive Houston mx �7n Phone $gz-1aq Fax: Email : --�-- pnrri i ah linrr.w., s 7 ROTE= INTO effective the day of Northr.:P Ltd. ace me : Do 'L Title; �-- Address:�780cS in s^r nriva G„are 410 -!L 3 egg qn-so5.. APP itn�x W. Askiris By. City Attorney City of La Porte P.O. Box 1218 La Porte, T$ 77572»1218 281.471.1s86 281,471,2047 fax knOxaskins@cOMcaot.net 10 C ITY gbyor 1 Corby D. Alexander City Manager CITY of J A PORTS 604 West Fairmont ParkWay 'A Porte, TX 77571 CU ii CKIA r G. STATE OF F_ � SUS h� § C OF iqlj;l8- § i_(" _ This inal--nimafif- r .yam Lion banal of sa STATE OF T)sXA,S § war /,�ac mawledged before me on 71div of Notar',yx rUD1 a, State of C/ C y HANIF THAKCR Commisslon # 1977067 Notary Public - Callforn)a D Los Angeles County My Comm. Ex Ives May 31, 2016 COUNTY OIL This 3nsi;xumez�t wasr1ac]wowledged before me on the day of 2U ' by mayor of the city of Ga ports, a mtznial co' rgoration, o behalf of 0aid entity, C1L otary pub o aT~e Texas 11 "ICIMZatT AM (Metes and Bounds Description of band) 12 METES AND . BOUNDS' DESCRIPTION 3.250 ACRES;. . HARRIS. COUNTY, TEXAS January 24,. 2013 All that certain 3.250" acre tract of land situated in the' William M. Jones Survey,' Abstract Number 482,' Harris County, Texas,. and being out of and a part of Restricted Reserve P"of Bayport North Industrial Park 11, a Subdivision of .record at Film Code Number 625094 of the Harris' County Map, Records . (H.C.M.R.), said .3.250 acre tract being more particularly described by metes .and bounds as follows:. (Ail bearings are based on Texas Plane Coordinate System of 1983, South Central Zone. '4204) BEGINNINGat a 5/8 inch iron rod with plastic cap stamped Prejean"found in the. south right=of—way. (R.O.W.) line of New Decade Drive (60 feet wide) for the northwest corner of a .110 foot wide Harris County Flood Control District (H.C.F.C.D) Drainage Easement as dedicated by the.Plat of said Bayport North Industrial Park II and the northeast comer of the. herein described tract, and from which a 5/8 inch .• iron rod with plastic cap. stamped 'Prejean"found for the northeast corner of said 110 foot wide Drainage.: Easement. bears North 87 Degrees 23 Minutes 26 Seconds East, a distance of 110. 03 feet (Texas Plane Coordinate (modified to surface, ACSF = 0.99988123549) .= N 13,804,751.35, E 3,212,787.6B); THENCE, with the `west line of said •110 foot wide H.C.F.C.D, Drainage Easement and the east line of the herein described tract, South 01 Degree 54 Minutes '41 Seconds East, a' distance of 353.27 feet .to a 5/8 inch Iron rod with.plastic cap stomped 'Prejedn"found in the common occupied line of the William M. _ Jones. Survey, Abstract Number .482 and the George McKinstry.Survey, Abstract Number :47, same being -the north line of a 200 foot wide City of Pasadena strip of.land described in City..of Pasadena Ordinance Number 75=77 and the south Mine of said Restricted Reserve"F"for the southwest corner of said 110 foot wide_ Drainage Easement and the southeast corner of the herein described tract, and from which' a 5/8 inch iron rod with plastic cap stamped Prejean"found for the southeast corner of said 110 foot. wide Drainage Easement bears North 87 Degrees 28. Minutes 30 Seconds,East, a distance of 110.24 feet;, THENCE, with the line common to Abstract Numbers 482 and 47, the north line of said' City of Pasadena 260 foot..wide strip and the south line of said Restricted Reserve 'F"and the herein described tract, South 87 Degrees 28 Minutes 30 Seconds West_ a distance of 401.10.feet. to a 5/8 inch iron rod with plastic cap stamped 'BENCHMARK ENGR."set for the southwest comer; THENCE; with the east line of the west remainder of said Restricted Reserve 'F"and the west' line of the herein described tract, North 01 Degree 54 Minutes 41 Seconds West, a distance. of 352.68 feet to a 5/8 `inch iron rod with plastic cap, -.stamped "BENCHMARK ENGR."set in the, south. R.O.W. line of -.said New Decade Drive for the northwest corner, and from which a 5/8 inch iron, rod with plastic cap stamped 'Prejean"found for-the.northeast end of a 'cutback corner marking the south R.O.W. line of said New - Decade Drive and the east R.O.W. line of Underwood Road (Clerk's file Numbers Y972525 and Z434971, both of the Official Public Records of Real Property of Harris County, Texas (O.P.R.R.P.H.C.T.) bears South 87 Degrees 23 Minutes .26 Seconds West, a distance of 523.38 feet; THENCE, with the south R.O.W. line -Of said -.New Decade'Drive and the north line` of said Restricted Reserve 'F"and the herein described tract, North 87 Degrees 23 Minutes 26 Seconds East, a distance of 491.11 feet to the. POINT OF BEGINNING. and .containing. 3.250 acres of land.-: EXHIBIT °A" TO IDA ^EXHzaxx B h Attach plat reflecting the ownership boundary lines; a site ,layout, showing all improvements, including PiPelineis and railroads, and Also showing areas of the Land prEsviously annexed by the City of La Porte,) 13 'ONI 'ONR133NION3 OONIZVN °E`,8 IJBIT C" Page, 1 of 3 RiyLEB Am REWz&, 3:01Wg A11y Portion of Sand constituting a strip of land 1O0, wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 246 shall, be subject to the fO.110 ping rules and regulations pertaining to new signage, nor eeni median crossovers. These rules and regulations �h�all� appl � after the effective date of this Agreement when Company develops or constructs imprOvements on vacant hand described .in Zxhibit "An which is adjacent to Fairmont Parkway, State H�ghurey 225, or State Highway 146. e- 1. Any mign erected in said 100, to the following Provisions: strip of land shall be subject f e One freestanding identification sign shall be Permitted for each aide of an industrial establishment that I fronts on an improved public right-of-way. ® Freestanding identification signs'tenant f buildings shall not exceed :LSO square for single are fast in area., � ♦ one freestanding identification sign or identif multiple businesses is allowable at e f ntersec ioniof improved public rights -of -way. Freestandin 0 businesses shall not identification 250 square feet. multiple Freestanding identification signs shall not exceed 45 feet in height. 41 Minimum setback for sign, construction shall be ten (s,p) feet ,from property lines. 2. When sand adjacent to said 100, strip is 'developed, the initial So, of said strip beyond an easement contiguous to either Fairmont Parkway,existing Piiglway 225, or State highway 146 shall be screeneboState ii7f the following techniquest Y one of the a) Leaving in place existing trees, etc , to provide a thorough and effvegetation, underbrush, of the development. ective visual screaming Existing trees other vegetation and underbrush, shall, together with 'visual screen. create a continuous 14 nl Z= CIt Page 2 of 3 b) The use of earthen berme with approximately 3:1 side slopes, 50' wide at the base and a 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. C) .A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years grOlfth will be at least 20 feet in height and skull, together with shrubs and ground cover, crsate a continuous visual screen. Provided, however, in public utility easements or rights -of -way, the vegetation shall be installed and Maintained in a manner which is public utility company, acceptable to the and does not interfere with the operation and maintenance of the publ,,Lc utility facilities. For items b and 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 devel,op1w that is to the rear of or behind existing facilities. nt in all cases the 5o, 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 deval.opment or improvements where a so' landscape easement is ,not available or practical, Company shall meet with City to determine a suitable landscaping alternative. d) In th4 case of land contiguous to Fairmont Parkway, in addition to the other requirements of these Rules and Regulations, Company shall dedicate to City by Plat a ten foot (10') wide pedestrian and bicycle easement, extending along Company's Fairmont Parkway boundary, Within the fifty foot (50') landscape easement. The pedestrian easement shall not be within any pipeline facility, except ,fox necessary crossings. 3. Driveways opening ,from said strip of land onto State Highway 225 or St&te Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provxeion,s of the City's Code of ordinances, whichever is more restrictive. Driveways opening from maid ;strip of land onto .Fairmont Parkway shall be subject- to the rules and regulations of Harris Co:mty and Provisions of thee CitY's Code of Ordinances, whichever is more restrictive. i5