HomeMy WebLinkAboutO-2020-IDA-123 Hydro- Fairmont Real Estate, LLC.ORDINANCE NO. 2020-IDA-123
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXAS OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH HYDRO-FAIRMONT REAL ESTATE, LLC, A
TEXAS 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. Hydro -Fairmont Real Estate, LLC, a Texas 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 13th day o�. January, 2020.
CITY OF )!A PQRTE, TEXAS
by,
ATTEST:
*Leoodward, City Secretary
APPROVED AS TO FORM:
Clark T. Askins, Assistant City Attorney
NO, 2020 IDA=
STATE OF TEXAS '
COUNTY OF HARRIS
INDUSTRIlgI; :DISTRICT AGREEMENT
This AGREEMENT :made and entered into by and between the CITY:
OF LA PORTE, TEXAS, a municipal corporation of Harris Count:
Texas, hereinafter called "CITY", and f-/yoRo—�r►y,�ni� y'
a 2 a� Z "T�74ff , LzG
called "COMPANY" corporation, hereinafter
W I T N E S.S E T H�
;WHEREAS, it .is the established polic
the ..City of La -Porte, Texas, : to a opt such reasonable Y,of the ouncil of
measures
from time to time as .are permitted':by law and which will tend to
enhance the economic stability and 'growth of :the Cit
y and t
.environs by attracting the location of new and the , expansion lot
existing industries therein, and such policy is hereby reaffirmed
and adopted by this city y Council as being in the .best interest: of
the City and its -citizens; and
WHEREAS, pursuant to its. polic
No. 729g Yf: City has.:enacted Ordinance
designating, portions of:. the area located in its
extraterritorial jurisdiction as :.the "Battleground Industrial
Dstrrct of La' Porte, Texas", and Ordinance.No. 842A, designatiiig-
.Portions of the :area located in its extraterritorial jurisdiction
e the "Bayport Industrial District Hof La Porte, . Texas",
hereinafter:collectivel:y:called ".District
in compliance with the Municipal Annexation Act ofOTexasnccodies bf '
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 tYe attached Exhibit "A"
"hand") and said Land bein more ( erein fter
g particularly shown hon : a aplat
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 previouslyof the hand
annexed by the City of La .:Porte; and
WHEREAS, City desires to encourage ,the: expansion. and of .industrial growth.
plants within said Districts and: for such
desires to enter into this Agree
Ordinance ment with Com ari purpose
Company pursuant. to
nadopted 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 ahe term of this
Agreements 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 the same covers the Land belonging to Company and :its
assigns, unless and until the .status of said Land, or a.:portibn:or
portions theregf as an industrial district may. :be changed..:.
pursuant to the terms of this Agreement. Subject: to the foregoing
and to:thi later provisions of this.:Agreement,:City does further
covenant, agree and guarantee' that such industrial district, .to
t 6 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 hereina-ft.er
provided] aril 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.
inspect -ion code or codes; -:or: (,c) attempti-ng to,'"exerc' se in any
manner whatever control, over the conduct of business thereon;
provided, however,,. 1) any. portion of Land .constitut.ing -a strip of
land: 1p0' wide and contiguous to either Fairmont.ParkrTay, State
Highway 2.25, 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
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 ortiori of Com an
P p y's Land contiguous
to etYier Fairmont Parkway; State Highway. 2.25, or State Highway
14.6; beyond :sa:id 100' wide strip, intermodal shipping containers.
shall be eligible to be stacked one additional container`in height
within. and for each.successive 1.00' wide portion .of Company's :.Land
behind 'arid following the preceding 100': wide strip; up 'to a
maximum of six. containers in height, regardless of distance from:
Fairmont Parkway, State Highway 225,-or State Highway 146 and:.3)
it is agreed that City shall have the right. to institute .:or
intervene in any administrative and%gr judicial .:'proceeding
authd.kized 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 Game extent and
to the same intent and effect: as if all.. Land covered by this.
Agreement were not subject to .the Agreement.
In the event' that any portion of the Land. has heretofore been
annexed by..Cit'y, Company agrees to render and. pay full :City ad
valorem taxes on such annexed Land and. improvements, and tangible
personal property.
Under the terms of the : Texas Propert. y 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:
Laiid; improvements, and tangible personal property shall be
2
determined by the Harris County Appraisal .District.- The parties
hereto recogni2e 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 lien"
Payments hereunder. Therefore, the parties agree that the
appraisal. of the Land, improvements, and tangible personal
property .in the una...... area shall be conducted by City, at
City's expense, by an independent a ppraiser of City'.s selection.
The parties recognize that in making such. appraisal 'f;or "in lieu':'
payment purposes, such appraiser must of necessity ap raise the
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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.:aIinexed portion, for ad valorem tax purposes.
III.
A. h,e properties upon which the "in lieu of" taxes -are assessed
are more fully described in subsections 1, 2:, and 3 of subsection
g p (sometimes collectively called the
C, of this Para rah III
"Pr.operty"); provided, however, pollution control:
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 exemption 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 1st: 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:. 6.40
Value Year 2.022 GO
Value Year 2023: 64%
Value Year 2024: 64%
Value Year 2025:: 64%
Value Year 2.026: 64o
Value Year 2027: 64%
Value Year 2028: .64%
Value Year 2029: 64%
Value Year 2030: 64%
Value Year 20.31: 64%
Company agrees to pay to City an amount of "n.lieu of
taxes" on Company's land, improvements and tangible
3
personal property in. the unannexed:area equal to the sum'
of
l 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, n:
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 l,- 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 nevi 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 (30o)_'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
. Th.irty percent (300) valuation under this
suparagraph (a), for a total of six (6) Value
Years, but not extending beyond Value Year.203.4,.
In:ahe 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 2:0%.)valuation through
Value Year 2022, and.. a. Thirty (30.0) valuation for
any additional Value Years beyond Value Year 2022,
for a total .of six (6) Value: Years
n
(b'). Application of 'the thirt ercent
- y..p (3Q a) "in lieu"_::..
-rate.for Substantial Increase in value of the:Z:and,
improvements, and tangible personal property
dedicated to. new construction is limited to new
construction :purposed for or related to.
manufacturin and -
g processing uses : In no case shall
Company be entitled to application of the thirty
_... ercent ° ..
p. (300.) in lieu rate for Substantial
Increase in vallue of tYe Land, improvements, and_:
tangible personal property dedicated to :.new
construction where the new construction is purposed
for or related to uses for: warehousing,: storage,.:.
di.stribution, and%or general freight trucking and_
transportation, as well as. general commercial
uses, such as truck stops, rental facilities, or
repair shgps.
(c) A Substantial Increase in value of the Land,
improvements, and :::tangible personal.. property.
(excluding inventory) as. used in subparagraph 2(4).:
above., , is. defined .as. an increase in value.. that is
the lesser of either::
i. at least Five °
. ercent (5a) of the total:
appraised value. of Land and improvements; on
January 1, 2019. or
a cumulative value of .at least $3;504,.000:0'0:
For the purposes of this Agreement multi le
p P ,
projects that are completed in a .Value Year:: anpbe
cumulated to arrive at the:amount for the increase
n:va ue,
:(d). If existing Property values have depreciated .be.low
the- Property value establ 8-hed -on January 1, 2019,
an :amount equalto the:*amount of the - :depreciation
will be. .removed from the calculation under :ths
subparagraph 2 to. restore the value. to the -January
1:, :. 2019, value:;:. and
3. Percenta e 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. Ci y, including; without
limitation, xnventory,.(iricluding inventory in .a.federal
::Foreign -Trade Zone and including
Freeport exemgte'd
inventory),, oil, gas, and, mineral interests_, items of
leased :equipment:, railroad,lines.,,. apucts. ,in
.storage located on the Land, if all of said tangible
:personal pro ... ty . which existeal . on January..1,...2,020. and
11
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 tangible personal
property: to which subparagraph 2; above :applies), had
been within the corporate limits of City and appraised
5
each year by the C ty's independent ap raiser, in
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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
VIM, Section .1-j of the Texas Constitution and Section
11.251 of the ---Texas Property "Tax Code to: taxpayers
i w thin .the City limits, then the freeport inventory:
::exemption shall apply to. parties to..this Agreement.
Further, should inventory::or :any other.:elass or type of
property become exempt from, taxation by constitutional.
amendment or act . of` the Tex°as .:Legislattire. (including,
but not limited to, Article VIII, Section 1-n, of the
:.
Texas Constitution and..;Seetion 11..253- of ...the Texas._ -
Property Tax Code) such class or type of y
propert shall.
be exempt for purposes of ths:Agreement; unless. the
City Council. of the City of La Porte shall ,by Ordinance
.::provide for:the continued: __taxaton of -such property
under the authority .of any applicable provisions of the:
Texa:S Constitution and Texas Statutes:
51.. Cityy.and Company.a.cknowledge..circumstAhces -might'.require
the .City to provide emergency "services :to'.*:Company's:.
Property described on Exhibit "A attached. hereto.
Emergency siz-:ffvice,8 are limited to fire, police, and
publ c.works :emergency services.... If Company is not -a
member of Channel::' -Industries Mutual Aid Association-
:, Company agrees to reimburse City for its costs
arising out of. any :emergency re:spons.e requested :.by
'Company to Company's property; and -E which City agrees
to. respond. If: .obli :Company is:- A' member of C MA, the:.
..obligations. of .Com any
g -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 beginnln;g on the lst day
g -
of January, 2020 and continuing thereafter until. December 31:,
2031,. unless .extended 'for an additional:perod or periods of time
upon mutual consent of Company arid: City, as providedby the
Municip .; 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 no:t to. annex property of Company within theDistrict shall
terminate ...In that event, Cl y shall: he 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
6
:.. E-traterritorial Jurisdiction", or Texas Loeal Government Code
Chapter. 4.3 "Mun ci al.'An,-,*xati.on.-, is amended, or any. new
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legislation is thereafter enacted by:the Legislature of the :State
of .Texas which imposes greater restrictions on the right of City
to...annex land belon in -
g' g to:Company or imposes further obligations
oh. City in connection therewith after the annexation of such Iand,
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 th
.. e. provisions
ofsaid laws as'the same existed on.Janiary 1, 2:019.
V.
This -Agree ment maybe o,xtended four an:.additional period or periods
by agreement betwee7.n 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 tYeDistrict of which is is' .a part..
:...: VI
A, In the event. Company :elects..to..;protest .the. .valuaton .for tax
purposes stet on its said properties by City :or by the Harris:
County.App..raisAl 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"-Ie al steps desired b g P y it.. :. .
to reduce:the:same.
Notwithstanding such protest by Company, p y, and except:: as otherwise
provided in_ Article VI(B); Company agrees to pray to City on. or
before, the date therefore hereinabove provided, at:l:east the total
of (a,) the total amount of ad valorem taxes on the annexed
portions., plus:: (b-): the tota3 amount of :the : "in lieu of taxes" on .
t e--unannexed portions of Company's hereihAbove described property
which .would be due to: City in accordance with: the foregoing
provisions of this Agreementon 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. o finally
determined, either as the result of final..judgment of a. court of
competent juri diction or as the res_tit of other ::final: conclusion
.o f th'e 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 Arti_Cle II
above (which shall be
g ven.in.writing.to Company)-, Company shall,
within twenty- UQ . cale'ndar ..da*ys :of receiving City' s invoice, give .
written notice: to the..City of.such disagreement: In the- event
Company does not give such written .riotice of disagreement within
such. time*pe'riod, the appraisal made by.said ihdepen.dent 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 awritten statement
setting forth :what Company .believes to be the market value of
Company's hereiri_above described property: Both parties agree to.
thereupon .enter into good faith negotiations in an attem t to
reach an agreement as to the P..
market. value of Com an s
P Y property
for "in lieu" ur oses hereunder-. If, after .the expiration of
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thirty (30) days. from the date the notice of disagreement was
received by City, the parties have not reached agreement as to
such :market value the:;
parties agree to submit the dispute- to
final arbitration as provided in subparagraph 1 of this Article
VI (B) ,
Notwithstanding any such disagreement by Company; Company -agrees
to pay to City on or before December :31 .of each year:: -during the
t'erm.:'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. Coinpany'.s
written valuation-s statement submitted to City by Company
hereunder, or the total asses:sment and " ih lieu of taxes" thereon
for the last preceding year, whichever is higher.
1. A Boar.d.of Arbitrators shall be:created composed of one
persori: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 1. property fo_r calculation of the:::"in lien"
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 e rnder its written decision as
promptly as practicable. That decision sYiall 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 at--torneys 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
collect.ible..by City. in the.. same manner as provided by law for
8
del aqi ent taxes. :
VIII
This Agreement shall inure to the benefit of and be: _bindng upon:.:.
City -and.-,Company, and upon Company's successors and assigns,
affiliates and subsidiaries; and shall remain in force.:-hether
Company sells, assigns; or in any other -manner disposes .of, either
voluntarily or by operation of law' all .or any part of the::.:
propertybelonging tto it within: the territory hereinab;ove
described, and the: agreements herein contained shall be held to be.
covenants running with the band owned by Company situated within..:.
said territory; :for so long as this Agreement or .ary:: 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 .d'isposition: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 .enter-s into a renewal of any
existing :industrial district agreementa after the .effective date
hereof ;and while:this Agreement is in effect, which contains 'terms
and: prgvis ions: :more...favorable to..the. landowner than those in. this
Agreement,:. Company and: is assigns shall have the: right to amend
this,Agreeme'nt, and City agrees. to amend. same to embrace the more
favorable terms of such agreement or renewal: agreement
X
Th`e parties agree that this Agreement complies with exi_st:ing laws
pertaining to the, subject and that all terms; corisiderat ons .and
conditions set forth herein are lawful, reasonable, approprzat.e;
and. not unduly:restrictive of Com an '.
p y 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 jur-ilsdiction to be invalid or unconsttutional: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 riot be
affected thereby:
Xi.
Upon ,the commencement of the term .of this: Agreement.,. all other
previously exiSting.ildustr al district agreements with respect. to
said Land shall terminate-. ...
:XII.
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I - _ -- - - -- y�i • - - - — _ - — r -i �. :.:1SHARED'DRIVEWAY
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1c
HYDRO TEX_ - � teulke 22, a414 1135 AV
SITE PLAN - DIAGRAM SCHEME �17
5,160 sq ft Office.Space w/ 10' ceilings With 5,1go sq ft Storage Mekzanine.above
Crane ready (i.e. 10 ton crane and 2tl ton crane can r>neet:ir .ttie sanie.6ay)
2f ` high hank height: r!�
:. i'.MMIBIT Cn ..
Page l .of .3.::
R=S.AND REGULATIONS
Any portion of Land constitutinga. strip of land 100' wide. and
corit 9uous:to either Fairmont Parkway, State. Hi hwa 225
g. Y or . State
Highway 146 shall be subject to the following rules and.::..
regulations pertaining to new signage, screening
dravewa s and g Y
median crossovers, as well as the stacking of int:ermodal shi in
containers: These _rules and regulations shall:..a PA 'g
of er he
effective date: of this - Agreement when: CompanyPldevelops for
constructs improvements: on vacant Land::. described .in: Exhibit . "A".
which is adjacent to Fairmont Parkway., State .Highway 225or .State
Highway .1.4 6 . ,, .
1 Any sign e±ected in said 100' strip: :of land. shall 'be .subject:
to the following, provisions:
af One -freestanding identification: sign shall be..permit ed.:
for each side of an industrial:e tablshnierit that fronts
on an improved; public -right -.of -way:
:i:4 Frees.tanding identification s;igr s for single tenant
;buildings shall not exceed::150 square.feet in area.
c One freestanding identification .sin for: iden't fyin
g. g .
multiple businesses . is allowable at the intersection of
imp roved public rights-of=way.
Freestanding identification: signs for multiple
businesses shall not"exceed 350 square :feet.
Freestanding ideritificat:ion .signs shall not .:exceed 45_
feet in height..
(Z:. Minimum setback for :gn construction. :shall be tern (10)
feet from property lines.
2. Intermodal shipping:. containers (including by not limited to
reig t and .tank containers_) shall be permitted to be stacked
: only to a.maximum of two (2) containers in height ih*the said
stri p In those instances where shipping containers :are
placed within the said 100' wide strip, the screening
regtiiremen'ts established I paragraph -3 iminediat:ely below
s.a1a 1
pp Y :: .
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.:.
22°5, or State Highway 1-6 shall be screened_, by one. of: the
following techni: ues:
a) Leaving in. place existing trees;:: vegetation,_ :_Underbrush;
etc. to provide :a thorougb and effective visual screening
i,5 .
"EXHIBIT C"
Page 2 of 3:
of the .development.. Exsting trees shall, together with
other vegetation and underbrush, create a continuous
visual screen:
by 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 be and landscaping will be
maintained by the property owners.
C)
A screening :plan, to be:- . approved by: the City,.: that
s
include. a combination -of trees; shtibs, and ground
cover. that after 5.:years growth will be. at least 20 feet
inheight and shaih, together with shrubs and ground
.cover, create a continuous visual .screen. Provided,
however, n :.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`o re.qured
screening along the roadway will be equal to the length
of the.. new development that is parallel to the -tto
y.
Screening shall riot 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 acid identification signs,:
For.cases.of new development.Or improvements where a 501:.
landscape easement is note 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 he 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 (:80') landscape -easementi, 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.
►'EXHIBIT .C"
16