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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 k• 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