HomeMy WebLinkAboutO-2020-IDA-118 Greif Bros. CorporationORDINANCE NO. 2020-IDA-118
O
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH GREIF BROS. CORPORATION; A
DELAWARE 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. Greif Bros. Corporation, a Delaware 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 shall be effective from and after its passage and approval,
and it is so ordered.
PASSED and APPROVED, this 13'h day of January, 2020.
CITY OF L$)FjQRTX, TEXAS
R./Rigby,
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
NO. 2020 IDA-II
STATE OF TEXAS
COUNTY OF HARRIS
INDUSTRIAL, DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF I LA PORTE, TEXAS, a municipal co,rporationi of Harris County,
Texas, hereinafter called "CITY", and (� L
r fi , as ((-e/ corporation,hereinafter
call d "COMPANY", _P
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 Porte, Texas, to adopt- such reasonable measures
from time to time as are permitted by law and which will tend to
enhance the economic stability and growth of the City and its
environs by attracting the location of new and the expansion of
existing industries therein, and such policy is hereby reaffirmed
and adopted by this City Council,as being in the best interest of
the City and its citizens; and
WHEREAS, pursuant to its policy, City has enacted Ordinance
No. 729, designating portions of. the area located in its
extraterritorial jurisdiction as the "Battleground Industrial
District of La; Porte, Texas", and Ordinance No. 842A, designating
portions of the area located in its extraterritorial jurisdiction
as the "Bayport Industrial District of La Porte, Texas",
hereinafter collectively called "District", such Ordinances being
in compliance with the Municipal Annexation Act of Texas, codified
as Section 42.044, Texas Local Government Code; and
' WHEREAS, Company is the owner of land within a designated
Industrial District of the City of La Porte, said land being
legally described on the attached Exhibit "A" (hereinafter
"Land"); and said Land being more particularly shown on a plat
attached as Exhibit "B", which plat describes the ownership
boundary lines; a site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the Land
previously annexed by the City of La Porte; and
WHEREAS, City desires to encourage the expansion and growth
of industrial plants within said Districts and for- such purpose
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City referred to above, City and Company hereby
agree with each other as follows:
I.
City covenants, agrees and guarantees that during the term of this
Agreement, provided below, and subject to the terms and provisions
of this Agreement, said District shall continue to retain its
extraterritorial status as an industrial district, at least to the
extent that the same covers the Land belonging to Company and its
assigns, unless and until the status of said Land, or a portion or
portions thereof, as an industrial ;district may be changed
pursuant to the terms of this Agreement.. Subject to the foregoing
and to the later provisions of this Agreement, City does further
covenant, agree and- guarantee that 'such industrial district, to
the extent that it covers said Land lying within said District and
not now within the corporate limits of City, shall be immune from
annexation by City during the term hereof (except as hereinafter
provided) and shall have no right to have extended- to it any
services by City, and -that all Land, including that which has been
heretofore annexed, shall not have extended to it by ordinance any
rules and regulations (a) governing' plats and subdivisions of
land, (b) prescribing any building; electrical, plumbing or
inspection code or codes, or (c) attempting to exercise in any
manner whatever control over the conduct of business thereon;
provided, however, 1) any portion of Land constituting a strip of
land 100' wide and contiguous to either Fairmont Parkway, State
Highway 225, or State Highway 146, shall be subject to the rules
and 'regulations attached hereto as ,Exhibit "C" and made a part
hereof, 2) intermodal shipping containers .(including but not
limited to freight and tank containers) placed on Land belonging
to Company shall be permitted to be stacked only two containers in
height within the 100' wide portion of Company's Land contiguous
to either Fairmont Parkway, State Highway 225, or State Highway
146; beyond said 100' wide strip, shipping containers shall be
eligible to be stacked one additional shipping container in height
within each successive 100' wide portion of Company's Land behind
and following the preceding 100' wide strip, up to a maximum of
six shipping containers in height ; and 3) it is agreed that City
shall have the right to institute or intervene in any
administrative and/or judicial proceeding authorized by the Texas
Water Code, the Texas Clean Air Act, the Texas Health & Safety
Code, or other federal or state environmental laws, rules or
regulations, to the same extent and to the same intent and effect
as if all Land covered by this Agreement were not subject to the
Agreement..
II.
In the .event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
0
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended),
the appraised value 'for tax purposes of the annexed portion of
Land, improvements, and tangible personal property shall be
determined by the Harris County Appraisal District. The parties
hereto recognize that said Appraisal District has no authority to
appraise the Land, improvements, and tangible personal property in
the unannexed area for the purpose of,_ computing the "in lieu"
payments hereunder. Therefore, the -...,,-parties agree that the
appraisal of the Land, improvements', and tangible personal
property in the unannexed area shall`�be conducted by City, at
City's expense, by an independent appraiser of City's selection.
The parties, recognize that in making such.appraisal for "in lieu"
payment purposes, such appraiser must of- necessity appraise the
entire (annexed and unannexed) Land, improvements, and tangible
personal property.
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.
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"); 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 Agreement shall not. be
entitled to an agricultural use &Xemption for- purposes of
computing "in lieu of taxes".hereunder.
B. on or before the later of December 31, 2020, or 30 days from
mailing of tax bill and in like manner -on or before each December
31st thereafter, through and including December 31, 2031, Company
shall pay to City an amount of "in lieu of taxes" on Company's
Property as of January lst 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•2020:
64%
Value
Year
2021:
64%
Value
Year
2022:
64%
Value
Year
2023:
64%
Value
Year
2024:
64%
Value
Year
2025:
64%
Value
Year
2026:
64%
Value
Year
2027:
64%
Value
Year
2028:
64%
Value
Year
2029:
64%
Value
Year
2030:
64%
Value
Year
2031:
64%
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:
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-five percent (35%), 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-five percent (35%) "in
lieu" rate shall be fora 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-five percent (35%) valuation
under this subparagraph, (a), for a total of six
.I'd
(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-five
percent (25%) valuation through Value Year 2022,
and a Thirty-five (35%) valuation for any
additional Value Years beyond Value Year 2022, for
a total of six (6) Value'Years.
(b) Application of the thirty-five percent (35%) "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. In no case
shall Company be entitled to application -of the
thirty-five percent (35%) "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 (5%) of the total
appraised value., of Land and improvements, on
January 1, 2019; br
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
2
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 teem of this Agreement,
(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.
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 freepost 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
9
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 for a period beginning on the 1st day
of January, 2020, and continuing thereafter until December 31,
2031, 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, 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 hereirabove 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 : an'y additional payment due
hereunder, or City shall make payment, tb-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,
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
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 (aj 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 valuations statement submitted' to City by Company
hereunder, or the total assessment and "'in, lieu of taxes" thereon
for the last preceding year, whichevor'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
A
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 practicabld. That decision shall then
be final and binding upon the parties, subject only to
judicial review as may be available under the Texas
General Arbitration Act ,(Chapter 171, "General
Arbitration", Texas Civil Practice and Remedies Code).
Costs of the arbitration shall -be shared equally by the
Company and the city, provided that each party shall
bear its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon,, and all tangible personal
property thereon, in the event of default in payment of "in lieu
of taxes" payments hereunder, which shall accrue penalty and
interest in like manner as delinquent taxes, and which shall be
collectible by City in the same manner as provided by law for
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
City and Company, and upon Company's successors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Company sells, 'assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all or any part of the
property belonging to it within the territory ' hereinabove
described, and the agreements herein contained shall be held -to be
covenants running with the land owned by Company situated within
said territory, for so long as this Agreement or any extension
thereof remains in force. Company shall.give City written notice
within ninety (90) days, with full particulars as to property
assigned and identity of assignee, of any disposition of the Land,
and assignment of this Agreement.
kW.M
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms -of such agreement or renewal agreement.
X.
The 'parties agree that this Agreement complies with existing laws
pertaining to the subject and that. -,all terms, considerations and
conditions set forth herein are lawful,, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
Without such agreement neither party hereto would enter into this
Agreement. In the event 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 bey held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words,' phrase, clause, sentence, paragraph, section, article
or other part'_of the Agreement shall be deemed to be independent
of and separable from the remainder of this Agreement and the
validity of the remaining_�parts of this Agreement shall not be
affected thereby.
XI. .
Upon the commencement of the term. of ;this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
XII.
Notices by a party to the other party -hereto, shall be mailed or
delivered as follows:
To the City of La Porte: City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
To Company: (3 r ,,Ctrm - Corpora t1l al -I
(COMPANY)
Attention:, Department
�1 �2 LO) h t Lr rR cl
Company shall promptly notify City of any change of ownership of
Property, any assignment of this Agreement, and of any change .of
billing address.
Company shall notify City annually, on or before June 1, of any
changes to the following information:,
'n
Plant Manager
Name:
Address:
Phone:
Fax:
Email:
Tax Agent/Billing Contact
Name:
Address: LJS- 1 )-) k Y1 !y rA b
�1().A(I ti�p1S
Phone: (-►y0) SA A
Fax: / A
Email: rC rj A n e_nr- L E Corn
ENTERED INTO effective the 1st day of Jap*ary, 2020.
By:
Name:
Title: 1f — T_Q�
Address : n 'moo'
p eA a L&2 CLV'
IC'
ST. CITY'OF P E, TEXAS
By:
Secretary L uis JR. Rial6y
Ma o
, T
APPROVED:
ox W. Askins
City Attorney
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281.471.2047 fax
knoxaskins@comcast.net
On-
Corby1V
Alexander
City'
anager
CITY OF LA PORTE, TEXAS
604 West Fairmont Parkway
La Porte, TX 77571
Ul
i
STATE OF
COUNTY OF HftRR'IS '
This instrument was acknowledged before me on the day of
P.r 201q, by RUNT I'2e��nold��ye-T"
of —r if corpsion, a C, corporation,
on behalf of said entity.
) 11�wde
'=t-aYy'PuBl1c tate of Texas
STATE OF TEXAS '
COUNTY OF HARRIS `
This instrument was acknowledged before me
20L.p, by Louis R. Rigb Mayor
Porte, a municipal corporation, Io b?ha�
LEE WOODWARD L7a�� Ee:m�
NOTARY PUBLIC
STATE OF TEXASY COMM. EXP. 2/19/21OTARY ID 12681012-9
SAMRA ZOURDOS
NOTARY PUBLIC - OHIO
MY COMMISSION EXPIRES
the 1 �Fl day of
the City of La
said entity.
"EXHIBIT All
(Metes and Bounds Description of Land)
i�
OCT-19-2000 THU U1:41 VM
rHA ivu, r, uo
rr,TABLISHEO IS77
GR-ra7F Bnos. CORpoRATYON
NORCO DIVISION
SOUTHWCSTERN DISTRICT OFFICE
GBC l0)00SI.0 8 ROAD
IV, P.0 80% 00'/
LA MnTE,IEXAS 775)1
August 29, 198.6
Mr.' Knox W.. Askins, J. D. , P. C.
Attorney at Law
702 W. Fairmont Parkway_
P . O.-Box 1218
La.Porte., TX 77571-1218
Dear Mr. Askins:
In response- to your letter of August 27, 1986, please find
enclosed the legal description of Greif Bros. Corporation's
LaPorte, Texas plantsite.
Lot 15, of Strang Subdivision in the E--BRINSON
survey, abstract No. 5 in accordance with Plat
of said subdivision recorded in Volume 75,
Page 22 of the Harris County Deed -Records,
and being the same property conveyed by the
Bank of the Southwest National Association,
Houston to the Greif Bros. Cooperage Corporation
by deed dated November 16, 1,961 and recorded in
Volume 4554., Page 28 of the deed records of
Harris County Texas.
Should you need additional information, please let us know..
Best regards,
GREIF BROS. CORPORATION
M. M. Bixby.
Vice President
MMB:Ic
OCT-19-2000 THU 01:41 PM MA NU, V. U4
r,
EXHIBIT "A-111
Lot 15, of Strang Subdivision in the E-BRINSON
survey, abstract No. 5 in accordance with Plat
of said subdivision recorded in Volume 75,
Page 22 of the Harris County Deed Records, and
being the same property conveyed by the Bank
of the Southwest National Association, Houston
to the Greif Bros. Cooperage Corporation by
deed. dated November 16, 1961 and recorded in
Volume 4554, Page 28 of the deed records of
Harris County, Texas.
2.►707 ACRE TRACT _�. ���-Z oo,c%
a METES AND BOUNDS DESCRIPTION
Being af2.707 acre (117.,928 sq.ft.') tract of land comprising
part of Lot `16, Strang Subdivision (Vol.ume 75,.. Page 22, Harris
County Map.Records-) in the Enoch Brinson Survey:; .A-5,•,Harris
County, Texas.•."The 2.707 acre tract as surveyed.by H. Carlos .
Smith, Engineers & Surveyors, Inc., on November 8 through 11, W
1968,,is more particularly described by metes and bounds as —4
follows
Commencing.at a 1/2 inch iron pipe•found'on the original
East right -of -war line of Miller Cut Off Road (based on a width
of 60'.00 feet) --and. the Nort;i line of the 40 feet wide T.. & N.O. Cn
Cn
Railroad right-of-way;. said corner being the .Southwest corner of r_p
that certain Tract II as conveyed by.Pilot Industries of Texas,
Inc.,ito J.S.P. Properties Group on August 23, 1976 (Harris
County Clerk-'s File No. E 880450).
Thence,::.East; coincident with the South boundary line of
Tract.II and North line of said T. & N.O. right-of-way a distance
of 50.0.0 feet_ to a 5/8 inch iron rod set- for the Southwest :corner .
of this •2. 707 -acne•.' tract and the POINT OF BEGINNI17G.; and from.
which'a.chain link fence corner was found 2.1 feet North and 0.8
r st West: -_
Tii►-nce; •.North 0 degrees O1 minutes 49 seconds• East. (Call
North;0 degrees 0-Z minutes East) coincident with the -East -
boundary Iine'of..Tract' II (Tract II being the West 50 feet of Lot
16.as awarded to Harris County -as a right-of-way for-cons.truction
and maintenance of a County Road; Condemnation proceeding Cause".,
No:'26,446, and recorded in Volume 752, Page 628, H.C.D.R.) and
the West boundary line of Tract I (Call 9.303 Acres) (H.C.C..F...
No.. E : 880450). a`:distance of 245.00 feet to A :5/8- inch iron rod
set.. for 'the Northwest corner of this 2..70.7 'acre tract. -
Thence, East;. -a distance of 373.18 feet to a 5/8 inch .iron 3W=g
�e6d.- set For.a point for. corner m
Thence, North 68 degrees- 12•':minutes 09 •seconds. East; a z a -a ti
distance of-- 107.72. f eet . to -a 5/8 inch iron' rod set for the ... ¢ M 5m t8
m�,
Northeast corn6i,_of this 2.-70.7• acre tract.oS m
. g W %: .0
u,=.� m
Thence, Sc#uth Q - degrees:01 minutes 49 seconds West' (Call y9 �� y
>>OC v)
South 0 degrees'02 ,mi.nutes. West); coincident with the East-' Ng t � �
boundary: lines of, said 'Tract I °C= Nt..
�pd Lot 16 and the West boundary 'c ate
line of Lot -15�; passing -.at '4 QUO. feet -a 5/8 'inch iron rod sety;on WE20ayE
line; �fbr 'a total distance of 285:. 00 �-f tp ' ..to a 5/8 inch iron rod mag o
set for. the Southe. "SBt. corner: `of ;this: ' ..�207 acre tract and from `_
which a chain )'ink f�nco c6•rn'er'.'was found 1.36 feet North and a o T acc�S
10.1 feet East '
Thence', West'•;} coincident with the. South boundary line of.
said Tract .I and the: North line of. said T:. &-N.O. Railroad -right-
of--way; a distance of 473.18 feet (Call 473.3 feet) to the•'Pr4�5
OF BEGINNING.
Cl
KEv I N A ._ OLsoN 0-4
TEXAS REGISTERED PUBLIC SURVEYOR NO. 4524,DATE= tjOV�;r. DER ]4, 198$
"EXHIBIT B11
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.)
1.4
�k 1• S T R A N G / �IA
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m
sa a o w —T
SCNLEI- w
v 1. ll a
STRANG ROOD SECTION
PIPE BEDDINGADETAIL
Ur
4' CONC. FLOW STRUCTURE
TYPICAL DITCH SECTION
U ® U e PdNS� 9C6�6 504
emu revue rw n: wm m 1f1 a sr. are.
---VAN LEER .Me AND DRAINAGE
SOUTH COAST PLAN
0
11FMIBIT C"
Page' 1 of 3.
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, State Highway 225, or State
Highway 146 shall be subject toy 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 2250 or State
Highway 146.
1. Any sign.erected in said 100' strip of land shall be subject
to the following provisions:
2 One freestanding identification sign shall be permitted
for each side of an industrial establishment that
fronts on an improved public night -of -way.
(Z Freestanding identification,., signs for single tenant
buildings shall not exceed 150 square feet in area.
cx One freestanding identification sign for identifying
multiple businesses is.allowable at the intersection of
improved public rights -of -way.
2 Freestanding identification- signs for multiple
businesses shall not exceed 350 square feet.
¢ Freestanding identification signs shall 'not exceed 45
feet in height.
Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. 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 said
100' strip. In those instances where shipping containers are
placed within the said 100' wide strip, the screening
requirements established in paragraph 3 immediately below
shall apply.
1 :5
"EXHIBIT C"
Page 2 of 3
3. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, State Highway
225, or State Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing "trees, vegetation,
underbrush, etc. to provide a thorough and effective
visual screening of the development. Existing trees
shall, together with other vegetation and underbrush,
create a continuous visual screen.
b) The use of earthen berms- W t`h approximately 3:1 side
slopes, 50' wide at the bass and 8' high. The berms
may be landscaped with aa'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.
i
q
"EXHIBIT C 11
Page 3 of 3
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 (50') landscape easement. The
pedestrian easement shall not be within any pipeline
facility, except for necessary crossings.
4. Driveways opening from said strap 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.
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 more restrictive.
Driveways opening from said strip `of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
6_.. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
of La Porte
EstakliskeJ 1892
July 3, 2019
Greif Bros. Corporation
c/o Marvin F Poer & Company
13201 Northwest Freeway, Ste 550
Houston, TX 77040-6024
City, Man
Is OfTice
The City of La Porte embraces our heritage, community values and
opportunities, while enhancing the quality of life for our citizens.
Re: ' City of La Porte Battleground Industrial District
City of La Porte Bayport Industrial District
Current Contract #2007-IDA-76
Dear Sir/Madam:
First, I'd like to thank each of you who attended our first meeting on April 2% 2019, to discuss
renewal of the current Industrial District Agreements. A few concerns regarding height restrictions
for shipping containers were voiced at the initial meeting, and management met with those
representatives and made a few -adjustments to the proposal.
The proposed agreement, which is enclosed for your review, is nearly identical to the previous
agreement. The term will remain twelve years. An overview of changes is as follows:
1. The new IDA proposes a very modest increase to the required payments in Iieu of taxes
(PILOT). Under the current agreement, your firm pays no taxes to the City of La Porte.
However, it does make a payment in lieu that is 63% of what the annual tax burden should
be. For instance, a firm with a total assessed value of $1,000,000 would pay $7100 without
an IDA in place.. With an IDA, that same firm pays only $4,473 for a savings of 37%: The
new proposal would increase to a 64% PILOT. The same firm would pay $4,544 under
the new agreement. This represents a very modest increase of $71 or 1.6%.
2. New construction and improvements shall be subject to a Twenty-five percent (256/6)
valuation, through Value Year 2022, and a Thirty-five (35%) valuation for any additional
Value Years beyond Value Year 2022, for a total of six (6) Value Years.
3. Intermodal shipping containers (including but not limited to freight and tank containers)
placed on Land belonging to Company shall be permitted to be stacked only two containers
in height within the 100' wide portion of Company's Land contiguous to either Fairmont
Parkway, State Highway 225, or State Highway 146; beyond said 100' wide strip, shipping
containers shall be eligible to be stacked one additional shipping container in height within
604 W. Fairmont Parkway . La Porte, Texas 77571 a (281) 470-5011 ii www.loportetx.gov
each successive 100' wide portion of Company's Land behind and following the preceding
100' wide strip, up to a maximum of six shipping containers in height.
PIease find enclosed the final draft for your consideration. The City will be conducting another
meeting at the La Porte City Hall, 604 West Fairmont Parkway, La Porte, Texas on Thursday,
July 18, 2019, at 9:00 a.m. for any additional discussions and input. Refreshments will be
served.
This year marks the 62°1 anniversary of these Agreements, which the City feels have been mutually
beneficial to both the City of La Porte, and its industrial community.
Very Truly Yours,
Corby D. Alexander, City Manager
604 W. Pairmont Parkway 0 La Porte, Texas 77571 ■ (281) 470-5011 ■ www.laportetx.gov