HomeMy WebLinkAboutO-2020-IDA-150 CRP/TREP New Decade OwnerORDINANCE NO. 2020-IDA-150
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE, TEXASI OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH CRP/TREP NEW DECADE OWNER A
DELAWARE LIMITED PARTNERSHIP, 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. CRP/TREP New Decade Owner, a Delaware Limited Partnership Ihas
executed an industrial district agreement with the City of La Porte, Texas, for the term
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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
corporation named in Section 1 hereof.
Section 3. The City Council officially finds, determines, recites, and declares
the
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, Tei as
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
approval, and it is so ordered.
PASSED and APPROVED, this 28th day of September, 2020.
CITY OF LANE. TEXAS
Lois R. jkigby,
ATTEST:
11-- D
Le Woodward, City Secretary
APPROVED: AS TO FORM:
77,
Clark T. Askins, Assistant City Attorney
NO. 2020 IDA=)�-5D
STATE OF .TEXAS '
COUNTY OF HARRIS
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CIT
OF. LA PORTE, TEXAS, a municipal corporation of Harris County
Texas, hereinaftercalled "CITY", and CRP/TREP New Decade Owner
a Delaware limited partnership hereinafte
called "COMPANY",
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 Ordinance
No. 729; designating portions of the area located in itE
extraterritorial jurisdiction as the "Battleground Industrial
District of La Porte;. Texas", and_Ordinance No, 842A designatinc
portions of the area located in its extraterritor' 'urisdictior
as the "Bayport Industrial District of , Texas",
hereinafter collectively_ called "District ces beinc
incompliance with the Municipal Annexa Codifies
as Section 42.044, Texas Local.Gove
WHEREAS, Company is t +V gnatec
Industrial District 'of , � ,-`� � beinc
legally described on t® V aftex
"Land"); and said Land be -lat
attached as Exhibit "B", hid
boundary.lines; a site layou nc
pipelines and railroads; :an _ � c
previously annexed by the Cit
WHEREAS, City desires to v �%
of industrial plants within sa
desires to enter into this Agr
Ordinance adopted by the City Coun
the official minutes of said City: V /
NOW, THEREFORE,. in considerat emises and
mutual agreements of the parties con In and pursuant
the authority granted under the Muni exation Act and
Ordinances of" City referred. to above, City and Company her
agree with each otheras 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, intermodal shipping containers
shall be eligible to be stacked one additional container in height
within and for each successive 100' wide portion of Company's Land
behind and 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/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.
M*0
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 tangib
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)
the appraised value for tax purposes of the annexed portion o
Land, improvements, and tangible personal property shall b
2
determined by the Harris County Appraisal District. The partie,
hereto recognize that said Appraisal District has no authority t,
appraise the Land, improvements, and tangible personal property is
the unannexed area for the purpose of computing the "in lieu
payments hereunder. Therefore, the parties agree that th
appraisal of the Land, improvements, and tangible persona
property in the unannexed area shall be conducted by City, a
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 th
entire (annexed and unannexed) Land, improvements, and tangibl
personal property.
Nothing herein contained shall ever be interpreted as lessenin
the authority of the Harris County Appraisal District to establis
the appraised value of Land, improvements, and tangible persona
property in the annexed portion, for ad valorem tax purposes.
A. The properties upon which the "in lieu of" taxes are assess&
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 taxatia
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 froi
mailing of tax bill and in like manner on or before each Decemba
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 ("Valu
Year") .
C. Company and City agree that the following percentage
( "Percentage Amount") shall apply during each of the Valu
Years:
Value
Year
2020:
6401
Value
Year
2021:
640
Value
Year
2022:
6401
Value
Year
2023:
640
Value
Year
2024:
64;
Value
Year
2025:
640
Value
Year
2026:
6406
Value
Year
2027:
64%
Value
Year
2028:
6406
Value
Year
2029:
64%
Value
Year
2030:
640
Value
Year
2031:
640
Company agrees to pay to City an amount of " in lieu
taxes" on Company's land, improvements and tangibl(
personal property in the unannexed area equal to the sui
of:
1. Percentage Amount of the amount of ad valorem taxe
which would be payable to City if all of the Company'
Land and improvements which existed on January 1, 2020
and each January 1 thereafter -of the applicable Valu
Year during the term of this Agreement, (excludin
amounts which would be so payable with respect to an
Substantial Increase in value of such Land an
improvements to which subparagraph 2, below applies)
had been within the corporate limits of City an
appraised each year by City's independent appraiser, i
accordance with the applicable provisions of the Texa
Property Tax Code; and
2. (a) on any Substantial Increase in value of the Land
improvements, and tangible personal propert,
(excluding inventory) dedicated to ne,
construction, in excess of the appraised value o
same on January 1, 2019, resulting from ne
construction (exclusive of construction -i
progress, which shall be exempt from taxation)
for each Value Year following completion o
construction in progress, an amount equal t
Thirty percent (300), where construction i
completed in Value Years 2020 through 2031, of th
amount of ad valorem taxes which would be payabl
to City if all of said new construction had bee
within the corporate limits of City and appraise
by City's independent appraiser, in accordanc
with the applicable provisions of the Texa
Property Tax Code. The eligible period fo
application of said thirty percent (300) "i
lieu" rate shall be for a total of six (6) Valu
Years.
In the case of new construction which is complete
in Value Year 2028 or later, and provided
further, that City and Company enter into a
Industrial District Agreement after the expiratio
of this Industrial District Agreement, then, an
in such events, such new construction shall b
entitled to additional Value Years under the ne
Agreement at a Thirty percent (30%) valuatio
under this subparagraph (a), for a total of si
(6) Value Years, but not extending beyond Valu
Year 2034.
In the case of new construction which wa
completed in Value Years 2016 through 2019 i
accordance with the previous Industrial Distric
Agreement between City and Company, such -ne
construction shall be subject to a Twenty percen
20o)valuation through Value Year 2022, and
T.
Thirty (30a) valuation for any additional Valu(
Years beyond Value Year 2022, for a total of si;
(6) Value Years.
(b) Application of the thirty percent (300) "in lieu`
rate for Substantial Increase in value of the
Land, improvements, and tangible personal propert
dedicated to new construction is limited to ne)
construction purposed for or related t<
manufacturing and processing uses. In no case
shall Company be entitled to application of thi
thirty percent ( 3 0 0 ) "in in lieu" rate f o:
Substantial Increase in value of the Land
improvements, and tangible personal propert;
dedicated to new construction where the ne,
construction is purposed for or related to use,
for warehousing, storage, distribution, and/o.
general freight trucking and transportation, a
well as general commercial uses, such as true:
stops, rental facilities, or repair shops.
(c) A Substantial Increase in value of the Land
improvements, and tangible personal propert
(excluding inventory) as used in subparagraph 2(a
above, is defined as an increase in value that i
the lesser of either:
i. at least Five percent (596) of the tota
appraised value of Land and improvements, o
January 1, 2 019 ; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multipl
projects that are completed in a Value Year can b
cumulated to arrive at the amount for the increas
in value.
(d) If existing Property values have depreciated belt
the Property value established on January 1, 2019
an amount equal to the amount of the depreciatic
will be removed from the calculation under thi
subparagraph 2 to restore the value to the Januar
1, 2019, value; and
3. Percentage Amount of the amount .of ad valorem taxE
which would be payable to City on all of the Company'
tangible personal property of every descriptior
located in an industrial district of City, includinc
without limitation, inventory, (including inventory 3
a federal Foreign Trade Zone and including Freepo2
exempted inventory), oil, gas, and mineral interest:
items of leased equipment, railroads, pipelines, ar
products in storage located on the Land, if all of sal
tangible personal property which existed on January 2
2020, and each January 1 thereafter of the applicab7
Value Year during the term of this Agreement
5
(excluding amounts which would be so payable wit:
respect to any Substantial increase in value of suc.
tangible personal property to which subparagraph 2
above applies), had been within the corporate limits o
City and appraised each year by the City's independen
appraiser, in accordance with the applicable provision
of the Texas Property Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City 's
valorem taxes on the annexed portion thereof as determined
appraisal by the Harris County Appraisal District.
4. Notwithstanding the above, should City elect to gran -
the freeport inventory exemption authorized by Articl,
VIII, Section 1-j of the Texas Constitution and Sectio:
11.251 of the Texas Property Tax Code to taxpayer
within the City limits, then the freeport inventor,
exemption shall apply to parties to this Agreement
Further, should inventory or any other class or type o
property become exempt from taxation by constitutiona
amendment or act of the Texas Legislature (including
but not limited to, Article VIII, Section 1-n, of th
Texas Constitution and Section 11.253 of the Texa
Property Tax Code),, such class or type of propert
shall be exempt for purposes of this Agreement, unles
the City Council of the City of La Porte shall b
Ordinance provide for the continued taxation of suc
property under the authority of any applicabl
provisions of the Texas Constitution and Texa
Statutes.
5. City and Company acknowledge circumstances mig:
require the City to provide emergency services
Company's Property described on Exhibit "A" attach,
hereto. Emergency services are limited to fir
police, and public works emergency services.
Company is not a member of Channel Industries Mutu
Aid Association (CIMA), Company agrees to reimbur
City for its costs arising out of any emergen
response requested by Company to Company's propert
and to which City agrees to respond. If Company is
member of CIMA, the obligations of Company and Ci
shall be governed by the CIMA agreement, to whi
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
0
immediate annexation proceedings as to all of Company's prope
covered by this Agreement, notwithstanding any of the terms
provisions of this Agreement.
Company agrees that if the Texas Local Government Code Sectio:
Chapter 42.044 "Creation of Industrial District is
Extraterritorial Jurisdiction" , or Texas Local Government Cod,
Chapter 43 "Municipal Annexation", is amended, or any ne,
legislation is thereafter enacted by the Legislature of the Stat
of Texas which imposes greater restrictions on the right of Cit
to annex land belonging to Company or imposes further obligation
on City in connection therewith after the annexation of such land
Company will waive the right to require City to comply with an
such additional restrictions or obligations and the rights of th
parties shall be then determined in accordance with the provision
of said laws as the same existed on January 1, 2019.
V.
This Agreement may be extended for an additional period or peri
by agreement between City and Company and/or its assigns e
though it is not extended by agreement between City and all of
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 to
purposes set on its said properties by City or by the Harri
County Appraisal District for any year or years during the term
hereof, nothing in this Agreement shall preclude such protest an
Company shall have the right to take all legal steps desired by i
to reduce the same.
Notwithstanding .such protest by Company, and except as otherwis
provided in Article VI(B), Company agrees to pay to City on o
before the date therefore hereinabove provided, at least the tota
of (a) the total amount of ad valorem taxes on the annexe
portions, plus (b) the total amount of the 'Tin lieu of taxes" o
the unannexed portions of Company's hereinabove described propert
which would be due to City in accordance with the .foregoin
provisions of this Agreement on the basis of renditions whic
shall be filed by Company.
When the City or Harris County Appraisal District (as the case ma
be) valuation on said property of Company has been so finall
determined, either as the result of final judgment of a court o
competent jurisdiction or as the result of other final conclusio
of the controversy, then within thirty (30) days thereafte
Company shall make payment to City of any additional payment du
hereunder, or City shall make payment to Company of any refun
due, as the case may be, based on such final valuation, togethe
with applicable penalties, interests, and costs.
B. Should Company disagree with any
independent appraiser selected by City
above (which shall be given in writing to
appraisal made by th
pursuant to Article I
Company), Company shall
7
within twenty (20) calendar days of receiving City's invoice, giv
written notice to the City of such disagreement. In the even
Company does not give such written notice of disagreement withi
such time period, the appraisal made by said independent appraise
shall be final and controlling for purposes of the determinatio
of "in lieu of taxes" payments to be -made under this Agreement.
Should Company give such notice of disagreement, Company shal
also submit to the City with such notice a written statemen
setting forth what Company believes to be the market value o
Company's hereinabove described property. Both parties agree t
thereupon enter into good faith negotiations in an attempt t
reach an agreement as to the market value of Company's propert
for "in lieu" purposes hereunder. If, after the expiration o
thirty (30) days from the date the notice of disagreement wa
received by City, the parties have not reached agreement as t
such market value, the parties agree to submit the dispute t
final arbitration as provided in subparagraph 1 of this Articl
VI (B) .
Notwithstanding any such disagreement by Company, Company agree
to pay to City on or before December 31 of each year during th
term hereof, at least the total of (a) the ad valorem taxes on th
annexed portions, plus (b) the total amount of the "in lieu
payments which would be due hereunder on the basis of Company'
written valuation -a statement submitted to City by Compan
hereunder, or the total assessment and "in lieu of taxes" thereo
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 oI
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 ther
be final and binding upon the parties, subject only tic
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.
93
City shall be entitled to a tax lien on Company's above describ
property, all improvements thereon, and all tangible person
property thereon, in the event of default in payment of "in li
of taxes" payments hereunder, which shall accrue penalty a
interest in like manner as delinquent taxes, and which shall
collectible by City in the same manner as provided by law f
delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upo
City and Company, and upon Company's successors and assigns
affiliates and subsidiaries, and shall remain in force whethe
Company sells, assigns, or in any other manner disposes of, eithe
voluntarily or by operation of law, all or any part of th
property belonging to it within the territory hereinabov
described, and the agreements herein contained shall be held to h
covenants running with the land owned by Company situated withi
said territory, for so long as this Agreement or any extensic
thereof remains in force. Company shall give City written notic
within ninety (90) days, with full particulars as to propert
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 wit
respect to an industrial district or enters into a renewal of an
existing industrial district agreements after the effective dat
hereof and while this Agreement is in effect, which contains term
and provisions more favorable to the landowner than those in thi
Agreement, Company and its assigns shall have the right to amen
this Agreement and City agrees to amend same to embrace the mor
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing la
pertaining to the subject and that all terms, considerations a
conditions set forth herein are lawful, reasonable, appropriat
and not unduly restrictive of Company's business activitie
Without such agreement neither party hereto would enter into th
Agreement. In the event any one or more words, phrases, clause
sentences, paragraphs, sections, articles or other parts of th
Agreement or the application thereof to any person, fir
corporation or circumstances shall be held by any court
competent jurisdiction to be invalid or unconstitutional for a
reason, then the application, invalidity or unconstitutionality
such words, phrase, clause, sentence, paragraph, section, artic
or other part of the Agreement shall be deemed to be independe
of and separable from the remainder of this Agreement and t
validity of the remaining parts of this Agreement shall not
affected thereby.
XI.
Upon the commencement of the, term of this Agreement, all othex
previously existing industrial district agreements with respect tc
said Land shall terminate.
XII.
Notices by a party to the other party hereto, shall be mailed
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:
Attention: Accounting Department
Company shall promptly notify City of any change of ownership
Property, any assignment of this Agreement, and of any change
billing address.
Company shall notify City annually, on or before June 1, of an
changes to the following information:
Plant Manager
Name:
Address:
Phone:
Fax:
Email:
Tax Agent/Billing Contact
Name:
Address
Phone:
Fax:
Email:
ENTERED INTO effective the 1st day of January, 2020.
By : (�.y
Name: Sc
Title:-u
Address:
Im
EST- CITY OF
( Q By: /111
Ci Secretary Loui R
Mayo
APPROVED:
Zi_z / - By:_(LO(6
Knox W. Askins Cor Alex
City Attorney 1- City Manager
City of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
281.471.1886
281.471.2047 fax
knoxaskins@comcast.net
STATE OF TEXAS '
COUNTY OF HARRIS '
CITY OF LA PORTE, TEXAS
604 West Fairmont Parkway
La Porte, TX 77571
h's instrument was acknowledged before me
20Q&) by S .nnft Arnnldv , _Me
o C'RP/TRFP Nemi necadin Own6arporation, a
on behalf of said entity. e
ARCHANA PYATT
......
...% 4�i
_2. �-Notary Public, State of Texas
Comm. Expires 11-30-2021
Notary ID 131366591
a--
on the / s'day o
Texas
11
STATE OF TEXAS
COUNTY OF HARRIS
This instrument was acknowlE
�p , 2 0�� by Louis R .
Porte, a municipal corporatio:
LEE WOODWARD
�o.��""�� NOTARY PUBLIC
* STATE OF TEXAS
���OF P� MY COMM. EXR 2/19/21
NOTARY ID 12681012-9
"EXHIBIT A"
(Metes and Bounds Description of Land)
13
"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
"EXHIBIT C"
Page 1 of 3
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' wide anci
contiguous'to either Fairmont Parkway, State Highway 225, or StatE
Highway 146 shall be subject to the following rules anc
regulations pertaining to new signage, screening, driveways anc
median crossovers, as well as the stacking of intermodal shippinc
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 subjec
to the following provisions:
E� one freestanding identification sign shall be permitte
for each side of an industrial establishment tha
fronts on an improved public right-of-way.
cr- Freestanding identification signs for single t
buildings shall not exceed 150 square feet in area.
V one freestanding identification sign for identifyi
multiple businesses is allowable at the intersection
improved public rights -of -way.
(�t- Freestanding identification signs for multip
businesses shall not exceed 350 square feet.
e Freestanding identification signs shall not exceed 4
feet in height.
(;r_ Minimum setback for sign construction shall be ten (10
feet from property lines.
2. Intermodal shipping containers (including by not limited t
freight and tank containers) shall be permitted to be stacke
only to a maximum of two (2) containers in height in the sai
100' strip. In those instances where shipping containers aY
placed within the said 100' wide strip, the screenir
requirements established in paragraph 3 immediately belt
shall apply.
3. When Land adjacent to said 100' strip is developed, U.
initial 50' of said strip beyond any existing pipelir
easement contiguous to either Fairmont Parkway, State Highwa
225, or State Highway 146 shall be screened by one of tk
following techniques:
a) Leaving in place existing trees, vegetation, underbrusl
15
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
continuous visual screen.
b) The use of earthen berms with approximately 3:1 sid
slopes, 50' wide at the base and 8' high. The berm
may be landscaped with a combination of trees, shrubs
and ground cover. All berms and landscaping will b,
maintained by the property owners.
c) A screening plan, to be approved by the City, tha
includes a combination of trees, shrubs, and groun
cover that after 5 years growth will be at least 2
feet in height and shall, together with shrubs an
ground cover, create a continuous visual screen
Provided, however, in public utility easements o
rights -of -way, the vegetation shall be installed an
maintained in a manner which is acceptable to th
public utility company, and does not interfere with th
operation and maintenance of the public utilit
facilities.
For items b and c above, the actual length of require
screening along the roadway will 'be equal to the lengt
of the new development that is parallel to the roadway
Screening shall not be required for new developmen
that is to the rear of or behind existing facilities.
In all cases the 50' strip, along the entire roadwa;
frontage, shall be dedicated. as a landscape easemen
and shall be kept free from any improvements except fo
approved driveway access and identification signs.
For cases of new development or improvements where
50' landscape easement is not available or practical
Company shall meet with City to determine a suitabl
landscaping alternative.
d) in the case of land contiguous to Fairmont Parkway, i
addition to the other requirements of these Rules an
Regulations, Company shall dedicate to City by Plat
ten foot .(10') wide pedestrian and bicycle easement
extending along Company's Fairmont Parkway boundary
within the fifty foot (SO') landscape easement. Th
pedestrian easement shall not be within any pipelin
facility, except for necessary crossings.
4. Driveways opening from said strip of land onto State Highwa
225 or State Highway 146 shall be subject to the rules an
regulations of the Texas Department of Transportation an
provisions of the City's Code of ordinances, whichever i
more restrictive.
"EXHIBIT C"
Page 3 of 3
Driveways opening from said strip of land onto Fairmon
Parkway shall be subject to the rules and regulations o
Harris County and provisions of the City's Code o
Ordinances, whichever is more restrictive.
5. Driveways opening from said strip of land onto Fairmon
Parkway shall be approved by the City and may require th
installation of separate acceleration/deceleration lanes.
6. Installation of a median crossover on Fairmont Parkway shal
be subject to the approval of both Harris County and City.
17