HomeMy WebLinkAboutO-2020-IDA-117 Acomon SRLORDINANCE NO. 2020-IDA-117
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH ACOMON SRL, AN ITALY CORPORATION,
FOR THE TERM COMMENCING JANUARY 1, 2020, AND ENDING DECEMBER 31; 2031;
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, TEXAS:
Section 1. Acomon SRL, an Italy corporation has executed an industrial district
agreement with the City of La Porte, Texas, for the term commencing January 1, 2020, and ending
December 31, 2031, a copy of which is attached hereto, incorporated by reference herein, and
made a part hereof for all purposes.
Section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of
the City of La Porte, Texas, be and they are hereby, authorized and empowered to execute and
deliver on behalf of the City of La Porte, Texas, the industrial district agreement with the
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the city for the time required by law
preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required by law at all times during
which this ordinance and the subject matter thereof has been discussed, considered and formally
acted upon. The City Council further ratifies, approves and confirms such written notice and the
contents and posting thereof.
Section 4. This Ordinance shVe effective from and after its passage and approval,
and it is so ordered.
PASSED and APPROVED, this 13th day of Ja�uary, 2020.
CITY OFAA FORTE, TEXAS
Rigby, ay r
Q
ATTEST:
5 0 !1
Woodward, City Secretary
I
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
NO. 2020 IDA- l 1 T
STATE OF TEXAS '
COUNTY OF HAR.RIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CIT
OF LA PORTE, TEXAS, a municipal corpo t'on cif Ha�County
Texas, hereinafter called "CITY", and
. a
called "COMPANY",
corporal
W I T N E S S E T H:
WHEREAS, it is the established policy of the City Council o
the City of La Porte, Texas, to adopt such reasonable measure
from time to time as are permitted by law and which will tend t
enhance the economic stability and growth of the City and it
environs by attracting the location of new and the expansion o
existing industries therein, and such policy is hereby reaffirme
and 'adopted by this City Council as being in the best interest o
the ,City and its citizens; and -
WHEREAS, pursuant to its policy, •City has enacted Ordinanc
No. 729, designating portions of the area located in it
extraterritorial jurisdiction as the "Battleground Industria
District of La Porte, Texas", and ordinance No. 842A, designatir
portions of the area located in its extraterritorial jurisdictic
as the "Bayport Industrial District of La Porte, Texas"
hereinafter collectively called "District", such Ordinances beir
in compliance --.with the Municipal Annexation Act of Texas, codifie
as Section 42,044, Texas Local Government Code; and
, WT EREAS, Company is the o•,emer of land within a designate
Industrial District of the City of La Porte, said land beir
legally described on the - attached Exhibit "A" (hereinafte
"Land"); and said Land being more particularly shown on a pla
attached as Exhibit "B"; which plat describes the ownershi
boundary lines; a site layout, showing all improvements, includin
pipelines and railroads, and also showing areas of the Lan
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and gro,
of industrial plants within said Districts and for such purpi
desires to enter into this Agreement with Company pursuant
Ordinance adopted by the City Council of said City and recorded
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and
mutual agreements of the parties contained herein and pursuant
the authority granted under the Municipal Annexation Act and
Ordinances of City referred to above, City and Company her
agree with each other as follows:
if
City covenants,,agrees and guarantees that during the term of thi
Agreement, provided below, and subject to the terms and provision
of this Agreement, said District shall continue to retain it
extraterritorial status as an industrial district, at least to th
extent that the same covers the Land belonging to Company and it
assigns, unless and until the status of said Land, or a portion c
portions thereof, as an industrial district may be change
pursuant to the terms of this Agreement. Subject to the foregoin
and,'to the later provisions of this Agreement, City does furthe
covenant, agree and guarantee that such industrial district, t
the extent that it covers said Land lying within said District an
not'now within the corporate limits of City, shall be immune fro
annexation by City during the term hereof (except as hereinafte
provided) and shall have no right to have extended to it an
services by City, and that all Land, including that which has bee
heretofore annexed, shall not have extended to it by ordinance an
rules and regulations (a) governing plats and subdivisions o
land, (b) prescribing any building, electrical, plumbing o
inspection code or codes, or (c) attempting to exercise in an
manner whatever control over the conduct of business thereon
provided, however, 1) any portion of Land constituting a strip o
land 100' wide and contiguous to either Fairmont Parkway, Stat
Highway 225, or State Highway 146, shall be subject to the rule
and regulations attached hereto as Exhibit "C" and made a par
hereof, 2) intermodal shipping containers (including but no
limited to freight and tank containers) placed on Land belongin,
to Company shall be permitted to be stacked only two containers is
height within the 100' wide portion of Company's Land contiguous
to either Fairmont Parkway, State Highway 225, or State Highwa;
146';; beyond said 100' wide strip, intermodal shipping container
shall be eligible to be stacked one additional container in heigh-
within'and for each successive 100' wide portion of Company's Lan,
behind. and following the preceding 100' wide strip, up to
maximum of six containers in height, regardless of distance froi
Fairmont Parkway, State Highway 225, or State Highway 14.6; and 3,
it is agreed that City shall have the right to institute o:
intervene in any administrative and/or judicial proceedin
authorized by the Texas Water Code, the Texas Clean Air Act, th('
Texas Health & Safety Code, or other federal or stato
environmental laws, rules or regulations, to the same extent an(
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 be
annexed by City, Company agrees to render and pay full City
valorem taxes on such annexed Land and improvements, and tan gib
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts o�
the 65th Texas Legislature, Regular Session,' 1979, as amended)l
the appraised value 'for tax purposes of the annexed portion og
Land, improvements, and tangible personal property shall be
E
determined by the Harris County Appraisal District. The part
hereto recognize that said Appraisal District has no authority
appraise the Land, improvements, and tangible personal property
the, unannexed area for the purpose of computing the "in li
payments hereunder. Therefore, the parties agree that
appraisal of the Land, improvements, and tangible perso:
property in the unannexed area shall be conducted by City,
City's expense, by an independent appraiser of City's selecti,
Theparties recognize that in making such appraisal for "in li,
payment purposes, such appraiser must of necessity appraise
entire (annexed and unannexed) Land, improvements, and tangi:
personal property.
Nothing herein contained shall ever be interpreted as lessen
the authority of the Harris County Appraisal District to establ
the appraised value of Land, improvements, and tangible persa
property in the annexed portion, for ad valorem tax purposes.
A. The properties upon which the "in lieu of" taxes are assesse
are more fully described in subsections 1, 2, and 3 of subsectio
C, :of this Paragraph III (sometimes collectively called th
"Property"); provided, however, pollution control equipmen
installed on the Land which is exempt from ad valorem taxatio
pursuant to the provisions of Sec. 11.31 of the Texas Property Ta
Code is exempt from ad valorem taxation and "in lieu of taxes
hereunder. Property included in this Agreement shall not b
entitled to an agricultural use exemption for purposes o
computing "in lieu of taxes" hereunder.
B. On or before the later of December 31, 2020, or 30 days fro
mailing of tax bill and in like manner on or before each Decembe
31st thereafter, through and including December 31, 2031, Compan
shall pay to City an amount of "in lieu of taxes" on Company'
Property as of. January 1st of the current calendar year ("Value
Year") .
C. Company and City agree that the following percentag
(",Percentage Amount") shall apply during each of the Val
Years:
Value
Year
2020:
644
Value
Year
2021:
64%;
Value
Year
2022:
649,
Value
Year
2023:
64%
Value
Year
2014:
64!k
Value
Year
2025:
64W
Value
Year
2026:
646
Value
Year
2027:
646
Value
Year
2026:
64§
Value
Year
2029:
649a-
Value
Year
2030:
64q;
Value
Year
2031:
64W
Company agrees to pay to City an amount of in lieu of
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taxes" on Company's land, improvements and tangible
personal -property in the unannexed area equal to the sum
of
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 1, 2020,
and each January 1 thereafter of the applicable Value
Year during the 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 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) 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, 2019, 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%), where construction is
completed in Value Years 2020 through 2031, 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. The eligible period for
application of said thirty percent (30§) "in
lieu" rate shall be for a total of six (6) Value
Years.
In the case of new construction which is completed
in Value Year 2028 or later, and provided,
further, that City and Company enter into an
Industrial District 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
Agreement at a Thirty percent (30%) valuation
under this subparagraph (a), for a total of six
(6) Value Years, but not extending beyond Value
Year 2034.
In the case of new construction which was
completed in Value Years 2016 through 2019 in
accordance with the previous Industrial District
Agreement between City and Company, such .new
construction shall be subject to a Twenty percent
204)valuation through Value Year 2022, and a
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Thirty (3016) valuation for any additional Value
Mears beyond Value Year 2022, for a total of six
(6) Value Years.
(b) Application of the thirty percent (30%-) "in in lieu"
rate for Substantial increase in value of the
Land, improvements, and :tangible personal property
dedicated to new construction is limited to new
construction purposed for or related to
manufacturing and processing uses. 3n no case
shall Company be entitled to application of the
thirty percent (30%-) "in lieu— rate for
Substantial Increase in value of the Land,
improvements, and tangible personal property
dedicated to new construction where the new
construction is purposed for or related to uses
for warehousing, storage, distribution, and/or
general freight trucking and transportation, as
well as general commercial uses, such as truck
stops, rental facilities, or repair shops.
(c) 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 (5a) of the total
appraised value of Land and improvements, on
January 1, 2019; 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.
(d) If existing Property values have depreciated below
the Property value established on January 1, 2019,
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, 2019, 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 Zone and including Freeport
exempted 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,
2020, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement,
5
(excluding amounts which would be so payable with
respect to any Substantial Increase in value of such
tangible personal property 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 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.
i
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
11.251 of the Texas Property Tax Code to taxpayers
within the City limits, then the freeport inventory
exemption shall apply 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 VIII, 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 La Porte shall by
Ordinance provide for the continued taxation of such
property under the authority of any applicable
provisions of the Texas Constitution and Texas
Statutes.
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 fire,
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 costs arising out of any emergency
response requested by Company to Company's property,
and to which City agrees to respond. If Company is a
member of CIMA, the obligations _of Company and City
shall be governed by the CIMA agreement, to which
agreement City is a party.
This Agreement shall extend for a period beginning on the 1st day of January, 2020, and continuing thereafter until December 31,
20311, 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, 2031, 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 Local Government Code Section
Chapter 42.044 "Creation of Industrial District in
Extraterritorial Jurisdiction", or Texas Local Government Code
Chapter 43 "Municipal Annexation", is amended, 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 laws as the same existed on January 1, 2019.
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, and except as otherwise
provided in Article VI(B), Company agrees to pay to City on or
before the date therefore 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 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, 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
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,
7
within twenty (20) calendar days of receiving city's invoice, 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 (s) .
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 onthe basis of Company's
written valuations statement 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
expert opinion, 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.
8
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.
0
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth her 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 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 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.
E
I
APPROVED:
Knox W.- Co
y D A1exari' er
Ca.ty Attorney.`pity Manager..
City of.L Porte
"-.O. Box 1218
-A, Porte,: Tk, 775'7.2- 21
2$1;471:1886
281 471. 7 fad
icnos€aska ns[ comcas. net
CT2'Y '.OF ,A POR.TE,: TEAS
'644. •West Fa3rWQi, Par]cway
La Porte•, '�TX 77571
STAVE OF' TEXAS: '
COUNTY :OF` HARR S.
This Oli/O nstrumerxt yvas-- acaledg ecbefore .. .t.h_e �I
2Q of G�r�� L _. carporat pA,, a 4-y corpdratibnr.
On, behalf :of saki entity;
SAGHAR SENEMAR
•P ,Notary Ptzb7a c st 's..
MY COMMISSION EXPIRES
y Pq MAY 20, 2021
NOTARY ID: 126904536 -
STATE OF TEXAS '
COUNTY OF HARRIS '
This instrument was acknow7
�c�111.tZ3 _, 2 0°2p, by Louis R .
Porte, a municipal corporatii
LEE WOODWARD
NOTARY PUBLIC
* STATE OF TEXAS
MY COMM. EXP. 2/19121
NOTARY ID 12681012-9
12
"EXHIBIT A"
(Metes and Bounds Description of Land).
"EXHIBIT B"
Attach Plat reflecting the ownership boundary lines, a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
14
nEXHIBIT C"
Page 2 of 3
RULES AND REGULATIQNS
Any portion of Land constituting a strip of land 1001 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, as well 'as the stacking of intermodal shipping
containers. 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 provision,§:
'G-' - One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public right-of-way.
a Freestanding identification signs for. single tenant
buildings shall not exceed 150 square feet in area.
Q One freestanding identification sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-o"E-way.
Freestanding identification signs for multiple
businesses shall not exceed 350 square feet.
¢' Freestanding identification signs shall not exceed 45
feet in height.
(Z Minimum setback: for sign construction shall be ten (10)
feet from property lines.
2. Intermodal-.shipping containers (including by not limited to
freight and tank containers) shall be permitted to be stacked
only to a maximum of two'(2) containers in height in the said
100' strip. in those instances where shipping containers are
placed within the said' 100' wide strip, the screening
requirements established ini paragraph 3 immediately below
shall apply.
3. When Land adjacent to. said 1001 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,
3.5
etc. to provide a thorough and effective visual screening
"EXHIBIT C"
Page 2 of 3
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.
c) A screening plan; to be approved by the City, that
includes -a combination of trees, shrubs, and ground
cover that after 5 years growth will be at least 20
feet in height and shall, together with shrubs and
ground cover, Create a continuous visual screen.
Provided, however, in public utility easements or
rights -of -way, the vegetation shall be installed and
maintained in a manner which is acceptable to the
public utility company, and does not interfere with the
operation and maintenance of the public utility
facilities.
For items 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 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.
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 (10') wide pedestrian and bicycle easement,
extending along Company's Fairmont Parkway boundary,
within the fifty foot (501) landscape easement. The
pedestrian easement shall not be within any pipeline
facility,. except for necessary crossings.
4. Driveways opening from said strip of land onto State Highway
225 or State Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is
more restrictive.
1.6
S.
W
"EXHIBIT Cu
Page 3 of 3
Driveways opening from said strip of land onto Fairt
Parkway shall be subject to the rules and regulations
.Barris County and provisions of the City's Code
Ordinances, whichever is more restrictive.
Driveways opening from said strip of land onto Fairn
Parkway shall be approved by the City and may require
installation of separate acceleration/deceleration lanes.
installation of a median crossover on Fairmont Parkway sr
be subject to the approval of both Harris County and City.
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