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HomeMy WebLinkAbout2007-IDA-45 Calpine Operating Services Company, IncORDINANCE NO. 2007-IDA-45 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY. OF LA PORTS OF AN INDUSTRIAL DISTRICT AGREEMENT WITH CALPINE OPERATING SERVICES COMPANY, INC, A DELAWARE CORPORATION FOR THE TERM COMMENCING JANUARY 1, 200$, AND ENDING DECEMBER 31, 20'19, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEROF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTS: Section 1. Calpine Operating Services Company, lnc, a Delaware Corporation has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2408, and ending December 31, 2019, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. Section 2. The Mayor, the Assistant City Manager, the City Secretary, and the City attorney of the City of La Porte, be and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. Section 3. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and {nrrr~ally a~tad iaarn,Cn, Tha C'i#y ~niinril f~,~rth°r ratifies, approves and confirn;; such written notice and the contents and posting thereof. Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. 1 PASSED and APPROVED, this 3`~ day of December, 2007. CITY OF LA PORTE ~. Alton Porter, Mayor ATTEST: Martha Gillett, City Secretary APPROVED: i Knox Askins, City Attorney Sustin Hyland Director, Property & Saies/Use Tax 717 Texas Ave.. Suite I000 Houston. TX 770fl2 November 20, 2007 RECE! VEp rov Mr. John Joerns Assistant City Manager City of La Porte 604 West Fairmont Parkway LaPorte, Texas 77571 RE: LaPorte ID Agreement Dear Mr. Joerns, Porfe Tax Office Please see enclosed two original executed copies of the new La Porte ID Agreement. Should you have any questions, please feel free to call me at 713-830-8873. Sincerely, F us zn and Director, Property & Sales/LTse Tax ~ ~ ~~~~ NO. 2007-ZDA-`'i~ § STATE Off' TEXAS § COi7NTY OF HARRIS § RECEIVCD ~~~ ~ ~ ~~~ o~fe T~ ~i INDUSTRIAL DTS'TRICT AGR}~EIdEI+IT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CYTY", and Calpine Operating Services Company, Inc. (Turbine Maintenance Group) j a Delaware Corp©ratldT4, hereinafter called "CC?MPANY" , W I T N E S S E T H: WHEREAS, it is the established policy of the City Council of the City of La Forte, Texas, to adapt such reasonable measures from time to time as are permitted lay law and which wily 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 pa~.icy 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 Qrdinance Na. 729, designating portions of the area located in its extraterritorial jurisdicta.on as the "Battleground Industrial 1~istrict of La Porte, 'Texas", and Ordinance Na. 842A, designating portions of the area located in its extraterritorial jurisdiction as the °Bayport Industrial District of va Porte, 'Texas", hereinafter collective~.y called "District", such Ordinances being in. compliance with the Municipal Annexation Act of Texas, codified as Section X42.044, 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 an the attached Exhibit "A" thereinafter "Land"}; and said Land being more particularly shown do a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing alI improvements, including pipelines and railroads, and also showing axeas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and gr©wth of industrial plants within said Districts and far such purpose desires to enter into this Agreement with Company pursuant to Ordinance adapted by the City Council of said City and recorded in the official minutes of said City: ~'I~+3AL DItA~'T; 3dovember 1, 2f1fl? 1 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: 1. 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 latex provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers sand Land lying within said District and not now within the corporate limits of City, shall he 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 an~r building, electrical, plumbing ar 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 7.46, 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 praceedirag authorized by the Texas Water~Code, the Texas Clean Air Act, the Texas Health & Safety Cade, 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. ~I. In the event that any portion o£ the Land has heretofore bean annexed by City, Company agrees to render and pay full City ad valorem taxes an such annexed Land and improvements, and tangible personal property. IInder the terms of the Texas Property Tax Code (S.B. 521, Acts of the 55th Texas Legislature, Regular Session, 2.979, as amended), the appraised value far 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" z payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area sha11 be conducted by City, at City's expense, by ari 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. Nothing herein contained shall ever ba interpreted as lessening the author~.ty 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. The properties upon which the "in lieu af" 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"); provided, howeverr 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 Cade is exempt from ad valorem taxation and "in lieu of taxes" hereunder. Property included in this Agreement shall not be entitled to an agricultural use exemption for purposes of computing "in lieu of taxes" hereunder. B. On. or before the Pater of December 31, 2008, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2019, Company shall pay to City an amount of "in lieu of taxes" an Company's property as of ~7anuary 1st of the current calendar yeax {"Value Year") . C. Company anal City agree that the following percentages ~"Percentage Amount") sha11 apply during each of the Value Years: Value Year 2008: 62~ Value Year 2009: 62% Value Year 2 010: 62% S 1% CL ii:te Year 1 L s) i i : C~* 2 '6 Value Year 2fl12: 52% Value Year 2013: 52~ Value Year 2014: 63~ Value Year 2015: 63% Value Year 2015: 63% Value Year 2017: 53% Value Year 2018: 53% Value Year 20.9: 63% Company agrees to pay to City an amount of "in lieu of taxes" on Company's land, improvements and tangible personal property in the unannexed area equal to the sum of ; 3 1. Percentage Amount 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 ~., 2D08, and each ~'anuary Z thereafter of the applicable Value Year during the term of this Agreement, {exc~.uding amounts which would be so payable with respect to any Substantial Increase in value of such Land and ~.mprovements to which subparagraph 2, below applies), had been within the corporate limits of City and appraised each year by City}s independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2, (a) ©n any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory} dedicated to new construction, in excess o£ the appraised value of same on January 1, 2fl07, resulting from new construction {exclusive of construction in progress, which shall be exempt from taxation), for each Value Years following completion of construction in progress, an amount equal to Twenty-five percent {25%). if construction is completed zn Value years 2008 through 2013 and 'Twenty percezft (20%~ , if construction. is completed in Value years 2fl14 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 corporate limits of City and appraised by City's independent appraiser, in accordance with the applicable provisions of the 'Texas I~roperty Tax Code. In the case of new construction which is completed in Value Year 2fl16 or Later, and provided, further, that City and- Company enter into an Industrial T~istrict Agreement after the expiration of this Industrial District Agreement, then, and in such events, such new construction shall be entitled to additional Value Years under the new Agreetttert at a `I.'wenty percent (20%; :ral~.~atian under this subparagraph {a), for a fatal of six (~} Value Years, but not extending beyond Value Year 2022. {b} A Substantial Increase iri value of the band, 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 T,and and improvements, an January ~. , 2 0 fl 7 ; ar ii. a cumulative value of at least $3,SQ0,000.00. 4 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) Xf existing Property values have depreciated below the Property value established on January 1, 2©47, axa 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, 2407, value; and 3_ Percentage Amount 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, (including inventory in a federal Foreign Trade gone and including Freeport exempted inventory}, nil, gas, and mineral interests, items o£ leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property whz.ch existed on January 1, 2408, and each January ~. thereafter of the applicable Value Year during the term of dais Agreement, (excluding amounts which would be so payable with respect to any Substantial Increase in value of such tangible personal praperty to which subparagraph 2, above applies), had been within. the corporate limits of City and appraised each year by the City's independent appraiser, in accordance with the applicable provisions of the Texas praperty 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 ~iarris County Appraisal District. 4. Notwithstanding the above, should City elect to grant the Freeport inventory exemption authorized by Article VIII, Section 1--j of the Texas Constitution and Section ].1.251 of the Texas Property Tax Code to taxpayers withiis t~i'xe City li~rtits, t~ en the Freeport inventory exemption shall apply to parties to this Agreement. Further, should inventory or any other class or type of praperty became exempt from taxation by constitutional amendment ar act of the Texas Legislature {including, but not limited to, Article VTTT, Section 1-n, of the Texas Constitution. ar~d Section 11.253 of the Texas Property Tax Cade), such class oz type of property shall be exempt fox purposes of this Agreement, unless the City Council of the City of La Porte shall by {3rdinance provide far the continued taxation of such property under the authority of any applicable provisions of the Texas Constitution and Texas Statutes. 5 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to gire, police, and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its casts arising out of any emergency response requested by Company to Company's property. and to which City agrees to respond. Tf Company is a member of CIMA, the obligations of Company and City shall be governed by the LIMA agreement, to which agreement City is a party. IV. This Agreement shall extend far a period beginning on the 1st day of January, 2008, and continuing thereafter until December 31., 2019, 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 ar periods of time on or before August 31, 2019, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shalt 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 X2.044, 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 sand 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 sarc~G e~.:,.sted January 1, 19°~ . 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 a13~ 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 s Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, and except as otherwise provided in Article VT(B), Company agrees to pay to City on or before the date therefor hereinabove pravided, at least the total of (a} the total amount of ad valorem taxes an the annexed portions, plus {b} the total amount of the "in lieu. of taXes° on the unannexed portions of Campany"s hereinabove described property which would be due to City in accordance with the foregoing provisians 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 praperty of Company has been sa finally determined, either as the resuJ.t of final judgment of a court of competent ~urisdactian or as the result of other final conclusion of the controversy, then within thirty (34) days thereafter Company shall make payment tv City of any additional payment due hereunder, or City shall make payment to Company of any refund due, as the case may be, based on such final valuation, together with applicable penalties, interests, and costs. B. Should Campany 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} calendar days of receiving Cry's invoice! give written notice to the City of such disagreement. Tn the event Campany does not give such written notice of disagreement within such tame period, the appraisal made by said independent appraiser shah. be final and controlling for purposes of the determination of "in lieu of taxesn payments to be made under this Agreement. Should Campany give such native of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Campany believes to be the market value of Company's hereinabove described property. Bath parties agree to thereupon enter into goad faith negotiations in an attempt to reach an agreement as to the market value of Company's property forry~{~"in lnieut{ purposeras hereunder. 7,. Ifw,~}- after th.]e [~expirya~tion ,Tof t 1~il+x ~~V} Ua~a fL~ii[ the date 4he noL+~4G Vf ~.1S17agr~el~l~4nt SYYUU 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 pravided in subparagraph 1 0£ this Article vz (~) . Notwithstanding any such disagreement by Campany, Campany agrees to pay to City on or before December 31 of each yeax 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 written valuatiane statement submitted to City by Campany hereunder, or the fatal assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 7 1.. A Board of Arb~.tratnrs 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 3.© days, the parties will join in a written request that the Chief nudge 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 sale issue to be determined in thg 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 fox the year in question. The Board shall hear and consider alI relevant and material evidence on that issue including expert opinion, and shall render its written decision as gromptly 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 3.71, "General Arbitration", Texas Civii Practice and Remedies Code}. Casts of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. 'SIT T . City shall be entitled to a tax lien nn Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of 'rin 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. VYZT. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigxts, affiliates and subsidiaries, and shall remain in force whether Comgar~y oeils, assign, ur iil airy other i'iiaiu'lEr dispisScs Of, citiier voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabave described, and the agreements herein contained shah be held to be covenants running with the Land owned by Company situated within said territory, for sn long as this Agreement or any extension thereof remains in farce. Company shall. give City written notice within ninety (90} days, with full garticulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. TX, If City enters into an Agreement. with any other landowner with respect to an industrial distr~.ct or enters into a renewal. of any 8 existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and pxavisians 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 lasts pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, azzd not unduly restrictive of Company's business activities. Without 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 person, firm, corporation Qr 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 anal 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. XII. Notices by a party to the other party hereto, shah. be mailed ar delivered as follows: Ta the City of La Porte: City Manager City of La Porte 504 West Fairmont Parltway La ';rte, ~+~ z7~~1 Ta Company• Calpine Operating Services Compan Ir~c. (C©MPANY Attention: ~a~ Department 717 `Pexas Avenue Ste. 100 Houston, TX 77002 Company shall promptly notify City of any change of ownership of Property, any assignment of this Agreement, and of any change of bil~.ing address. Company shall notify City annually, on nr before dune 1, of any changes to the following information: 9 Plant Manager Name: Pete Sobieski Address: 4100 Underwood Road Pasadena TX 770 7 Phone; - Eax: Email: ($32~ 476-4445 -- _ psobieski@cal zne.corn Tax Agent/Billing Contact Name: Gary Borcherding Address: P.O. Box 249 0o awn, TX 75694-0249 Phone: 903 938-2969 Fax: Email. (903) 938-9898 gary @tmgtax.com ENTERED INTO effective the 1st day of January, 2006. Calpine Operating Services Company, Inc. (COMPANY} By : '~ Name : 1~e ~ . ~- Title: Address: 717 Texas Ave.. Suite 1000 TTEST : I Y OF' LA PO Oy: r City Secreta y Alton E. Porter Mayor APP Knox W. Askins City Attorney City of La Forte P.O. Box 12.8 La Porte, TX 77572-1218 281.471.7.686 281.471.2047 fax knoxaskins@comcast.net By; 10 J n Jo`el' s ssistan ity Manager CITY flF LA Pfl3tTE 604 Weft Fairmont Parkway La Porte, TX 77571 STATE OF § § COUNTY OF n „§~ is instrument wa; 200, _bY ~ on b~ha~.t lof said entitvl.~.J~`. i.fNpA f3f: iA Cl:RDA Commfssfon # 1491099 , ~~ ,. Notary Public - Callfornfa • . Santa Clara County My Comm. Expires May 23, 2D STAVE OF` TEXAS § COUNTY OF HARRIS § fore men, on the (~ :c~ahy ~e , corporaticp}~, tae of r` ~r 6 F This instrument was acknowledged before me on the t~ ciay of G~tw1 200, by Alton E. Porter, Mayar of the City of La Porte, a municipal cprporation, on behal of said entity. otary Public, State of Texas ```~~,,,•~oN ~ o ~so'~~%~,`'. ~.~ ~ :~. s ~~~ OF'~~~~ ®~~. A'h9lF~~~ ~''~. .~a 11 ~~XIi~BIT A" (Metes and Bounds Description of Land) ~2 Ordinance 2007-IDA-45 Calpine Operating Services Co (Turbine Maintenance Group} Exhibits A & B See Ordinance 2000-IDA-61 ~F~X3iSH1~ ~n Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including p~.pelines and railroads, and also showing areas of tlxe Land previously annexed by the City of La Porte.) Z3 'EXHIBIT C~ Page Z of 3 RULES ~tdD REGULATIONS Any portion of Land constituting a strip o£ land Ip0' wide and contiguous to either Fairmont Parkway, State Highway 225, or State Highway 146 shall b.e subject to the fo~.lowing 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 145. 1. Any sign erected in said IOO' 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 15f3 square feet in area. ~ ©ne freestanding identification sign fox identifying multiple businesses is allowable at the intersection of improved public rights-of-way. Freestanding identification signs for multiple lausinesses shall not exceed 35© 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 1~0' strip is developed, the initial 5b' 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 p~.ace existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual, screening of the deve~.opment. Existing trees shah., together with other vegetation and underbrush, create a continuous visual screen_ 14 "3~~HIBI'I' C" Page 2 of 3 b} The use of earthen berms with approximately 3:1 sa.de slopes, 5fl' 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. 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 2Q feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items b and c above, the actual length of required screening along the roadway will be equal to the ~.ength of the new development that is parallel to the roadway. Screening shah. not be required for new development that is to the rear of or behind existing facilities. Tn 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. d) In the 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 ~1~`) wide pedestrian and bicycle easement, extending slang Company's Fairmont Parkway boundary, within the fifty foot (50') landscape easement. The pedestrian easement shall not be within any pipeline facilityf except for necessary crossing's, 3. Driveways opening from said strip of land onto state Highway 225 ar State Highway 146 shall be subject to the rules and regulations of the Texas Department of Transportation and provis~.ons of the City's Code of ordinances, whichever is mare restrictive. Driveways opening from said strip of land onto Fairmont Parkway shall be subject to the rules and regulations of Harris County and provisions of the City~s Code of Ordinances, whichever is mare restrictive. 1S n $XFIIBIT C" Page 3 of 3 4. Driveways openzns from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration Lanes. 5. installation of a median crossover on Fairmont Parkway shall be subject to the appxoval of both Harris County and City. 15