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Home My WebLink About2001-02-26 Regular Meeting e e . - MINUTES OF THE REGULAR MEETING CITY OF LA PORTE CITY COUNCIL FEBRUARY 26, 2001 Next Ord. 2001-2468 Next Res. 2001-02 1. CALL TO ORDER The meeting was called to order by Mayor Pro Tern Jerry Clarke at 6:00 P.M. Members of City Council Present: Councilpersons Guy Sutherland, Chuck Engelken, Peter Griffiths, Alton Porter, Charlie Young and Mayor Pro Tern Jerry Clarke. Members of City Council Absent: Mayor Norman Malone and Councilpersons Howard Ebow and Deotis Gay. Members of City Executive Staff and City Employees Present: City Manager Robert T. Herrera, Assistant City Manager John Joerns, City Attorney Knox Askins, City Secretary Martha Gillett, Director of Public Works Steve Gillett, Parks and Recreation Director Stephen Barr, Finance Director Cynthia Alexander, Assistant Police Chief Aaron Corrales, Lieutenant Carl Crisp, Assistant Public Works Director Buddy Jacobs, Assistant Finance Director Michael Dolby, Parts Manager Mike Collins, Secretary II Gay Collins, Emergency Services Director Joe Sease, Equipment Services Superintendent Lee Allen and Retiree Bonnie Lopez. Others Present: Spero Pomonis, Colleen Hicks, David Webb, Phil Johnson, Dave Turnquist, Linda Garcia and a number of citizens. 2. Reverend Rob Burnett, Victory Tabernacle, delivered the invocation. 3. Council considered approving minutes of the Regular Meeting of La Porte City Council held February 12,2001. Motion was made by Councilperson Engelken to approve the minutes of February 12, 2001. Second by Councilperson Young. The motion carried. Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor Pro Tern Clarke. Nays: None Abstain: None 4. PETITIONS, REMONSTRANCES, COMMUNICATIONS, kND CITIZENS AND TAXPAYERS WISHING TO ADDRESS COUNCIL . -- City Council Minutes 2/26/01 - Page 2 The following citizens addressed City Council: Austin Phillips - 500 S. Virginia, La Porte, Texas 77571 - Mr. Phillips visited the City Council meeting this evening to earn hours towards a Boy Scout badge. Dave Turnquist - 8503 Ashwyne, La Porte, Texas 77571 - Mr. Turnquist informed Council he was brining this matter before them due to a request he received on a homeowners website from another citizen. The concern is motorcycles and four wheelers operating near the Brookglen flood control canal. They are loud and disruptive to the residents in the subdivision even though there is a posted sign. Linda Garcia - 902 Maroby, Houston, Texas 77571 - Ms. Garcia presented City Council with a packet and requested they consider changing the name of S.H. 225 to Juan N. Seguin Memorial Highway. 5. PRESENT A TIONS/PROCLAMA TIONS B. Mayor Pro Tern Clarke proclaimed the month of March as "American Red Cross Month". C. Mayor Pro Tern Clarke proclaimed the week of March 5 through March 9 as "Texas Public Schools Week". D. Mayor Pro Tern Clarke proclaimed February 26,2001, as "Education Foundation Celebration Day". E. Michael Collins, Parts Manager in the Public Works Department, was honored as Employee of the Quarter for the 4th quarter of2000. F. Bonnie Lopez, recent retiree, was honored for her 20 years' service with the City. G. A certificate of achievement for financial reporting (CAFR) was presented to The Finance Department. 6. Council considered a resolution authorizing the sale of tax acquired property to Paul Schaider (Res. 2001-02). Motion was made by Councilperson Porter to table this item until a future meeting. Second by Councilperson Engelken. The motion carried. . - City Council Minutes 2/26/01 - Page 3 Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor Pro Tern Clarke. Nays: None Abstain: None 7. Council considered an ordinance granting a permit under section 18-A-3 of Ordinance No. 915, "Pipeline Transportation", to construct an 18-inch pipeline for the transportation of refined petroleum products (Ord. 2001-915-TT). The City Attorney read: ORDINANCE 2001-915-TT AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-A-3 OF ORDINANCE 915, "PIPELINE TRANSPORATION", BEING CHAPTER 18-A-3 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975 TO CONSTRUCT AN 18-INCH PIPE LINE FOR THE TRANSPORTATION OF REFINED PETROLEUM PRODUCTS; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to adopt Ordinance 2001-915- TT as read by the City Attorney. Second by Councilperson Griffiths. The motion carried. Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor Pro Tern Clarke. Nays: None Abstain: None 8. Council considered an ordinance approving and authorizing a contract between the City of La Porte and Claunch & Miller, Inc., for engineering design services for improvements to lift station 40; appropriating not to exceed $24,250.00 to fund said contract (Ord. 2001-2468). The City Attorney read: ORDINANCE 2001-2468 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND CLAUNCH AND MILLER, INC., FOR ENGINEERING DESIGN SERVICES FOR IMPROVEMENTS TO LIFT STATION 40; APPROPRIATING NOT TO EXCEED $24,250.00 TO FUND SAID CONTRACT; MAKING V ARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Young to adopt Ordinance 2001-2468 as read by the City Attorney. Second by Councilperson Porter. The motion carried. . - City Council Minutes 2/26/0 I - Page 4 Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor Pro Tern Clarke. Nays: None Abstain: None. 9. Council considered an ordinance approving and authorizing a contract between the City of La Porte and R.T.G. Building Company for construction of City Hall expansion/renovations; appropriating $1,644,375.00 plus a contingency of $82,219.00 to fund said contract (Ord. 2001-2469). The City Attorney read: ORDINANCE 2001-2469 - AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND R.T.G. BUIDLING COMPANY FOR CONSTRUCTION OF CITY HALL EXP ANSION/RENOV A TIONS; APPROPRIATING $1,644,375.00 PLUS A CONTINGENCY OF $82,219.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Sutherland to adopt Ordinance 2001-2469 as read by the City Attorney. Second by Councilperson Griffiths. The motion carried. Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor Pro Tern Jerry Clarke. Nays: None Abstain: None 10. Council considered an Ordinance authorizing the execution and delivery of a Drainage easement dedication from the City of La Porte to the public (Ord. 2001- 2470). The City Attorney read: ORDINANCE 2001-2470 - AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A DRAINAGE EASEMENT DEDICATION FROM THE CITY OF LA PORTE TO THE PUBLIC; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Young to adopt Ordinance 2001-2470 as read by the City Attorney. Second by Councilperson Engelken. The motion carried. . e City Council Minutes 2-26-01 - Page 5 Ayes: Council persons Sutherland, Engelken, Ebow, Griffiths, Porter, Young and Mayor Pro Tem Jerry Clarke. Nays: None Abstain: None 11. Council considered ordinances authorizing the execution by the City of La Porte of Industrial District Agreements with Southern Ionics Incorporated and Air Liquide America Corporation (Ords. 2000-IDA-55 and 2000-IDA-56). The City Attorney read: ORDINANCE 2000-IDA 55 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE AN INDUSTRIAL DISTRICT AGREEMENT WITH SOUTHERN IONICS INCORPORATED, FOR THE TERM COMMENCING JANUARY 1,2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DA TE HEREOF. ORDINANCE 2000-IDA-56 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR LIQUIDE AMERICA CORPORATION, FOR THE TERM COMMENCING JANUARY 1,2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made bv Councilperson Griffiths to adopt Ordinances 2000-IDA-55 and 2000-IDA-56 as read by the City Attorney. Second by Councilperson Engelken. The motion carried. Ayes: Councilpersons Sutherland, Engelken, Griffiths, Porter, Young and Mayor Pro Tem Jerry Clarke. Nays: None Abstain: None 12. Council considered adopting ordinances authorizing the execution of a new Industrial District Agreement with Phyto-Source and amending the existing Industrial Agreement with Chusei. The City Attorney read: ORDINANCE 2000-IDA-57 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH PHYTO-SOURCE, L.P., FOR THE TERM COMMENCING JANUARY 1,2001, AND ENDING DECEMBER 31, 2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING . - City Council Minutes 2/26/01 - Page 6 TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LA W; AND PROVIDING AN EFFECTIVE DATE HEREOF. ORDINANCE 2000-IDA-07-A - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN AMENDMENT TO AN INDUSTRIAL AGREEMENT WITH CHUSEI (U.S.A) INC., FOR THE TERM COMMENCING JANUARY 1,2001, AND ENDING DECEMBER 31,2007; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Porter to adopt Ordinance 2000-IDA-57 and amend 2000-IDA-07 as read by the City Attorney. Second by Councilperson Young. The motion carried. Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Young and Mayor Pro Tern Jerry Clarke. Nays: None Abstain: None 13. Council considered an ordinance approving and authorizing an agreement between the City of La Porte and C.T. Brannon Corporation to provide professional engineering services for the design and construction of San Jacinto Pool replacement; appropriating $36,000.00 to fund said agreement. City Attorney read: ORDINANCE 2001-2471- AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND C.T. BRANNON CORPORATION TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION OF SAN JACINTO POOL REPLACEMENT; APPROPRIATING $36,000.00 TO FUND SAID AGREEMENT; MAKING V ARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilperson Engelken to adopt Ordinance 2001-2471 as read by the City Attorney. Second by Councilperson Sutherland. The motion carried. Ayes: Councilpersons Sutherland, Engelken, Ebow, Griffiths, Porter, Young and Mayor Pro Tern Jerry Clarke. Nays: None Abstain: None . . City Council Minutes 2/26/01 - Page 7 14. Administrative Reports: City Manager Robert Herrera brought to Council's attention that he would like to schedule a one-half day workshop on March 24, 2001. He also noted that there would be an Open House at the Original City Hall on March 29, 2001. Also, he requested Ms. Gillett announce that ADA hearing equipment had been installed in the City Hall Council Chambers for the hearing impaired. 15. The following Councilpersons brought items to Council's attention: Young, Porter, Griffiths, Engelken, Sutherland and Mayor Pro Tern Jerry Clarke. 16. EXECUTIVE SESSION - PURSUANT TO PROVISION FO THE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.084, TEXAS GOVERNMENT CODE, - (CONSULTATION WITH ATTORNEY, DE LIBERA TIONG REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, CONFERENCE WITH EMPLOYEES AND DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN INVESTIGA TION) 551.072 (Consultation with Attorney) Meet with City Attorney and City Manager to discuss land acquisitions. Council retired into executive session at 7:26 p.m. 17. Consideration and possible action on items considered in Executive Session. Council returned to the table at 7:59 p.m. There was no action taken. 18. Adjournment There being no further business to come before the Council, ~he meeting adjourned at 8:00 p.m. Respectfully submitted, ~fJAJJr~a. IIJJA:4 Martha A. Gillett City Secretary . e City Council Minutes 2/26/01 - Page 8 Passed and approved on this 19th day of March 2001. e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Februarv 26. 2001 Appropriation Requested By: ~)'nthia Alexander Source of Funds: N/A Department: Finanee Account Number: Report: Resolution: XX Ordinance: Amount Budgeted: Exhibits: HCAD Map Amount Requested: Exhibits: Property Offer Budgeted Item: YES NO Exhibits: HCAD Appraisal Record SUMMARY & RECOMMENDATION On February 2,2000, property located at 513 S Virginia Street was offered for public bid via a "Sheriffs Sale". This property was offered because the property owner had not paid taxes on the property for several years. When no one bid on the property, the title to the property reverted to the La Porte Tax Office as Trustee for the City of La Porte, the La Porte Independent School District and Harris County. The property comprises 1 city lot and 2 partial lots and is approximately 61.50' by 130', or 7,995 square feet. The property also contains a house, which is in a state of disrepair. The La Porte Tax Office has actively marketed this property for resale and received several bids on the property. The fIrst bid was for $4,000 and the fInal bid was for $5,500. The $5,500 bid is a bid by Paul and Elaine Schraider, who own property adjacent to the property being resold. The property is on the Harris County Appraisal District Roll with an appraised value of $29,300. Delinquent Taxes on the property total approximately $21,500 (12 years worth). Since the offer received for the resale is less than either of these values, it requires approval by each of the three taxing entities before the resale can take place. If all three entities approve, the sale will occur with each entity receiving its pro-rata share of the tax distribution. Even though we are reselling this property for less than is due on the property, staff believes the absorption of the loss is necessary to get the property into the hands of a owner who will care for and maintain the property as well as pay taxes on it in the future. The improvement to the property is a building that is in ill-repair. It is the responsibility of the purchaser to demolish the existing structure. ACTION REQUIRED BY COUNCIL: Approve resolution authorizing the resale of the tax properties to Paul and Elaine Schaider. FUND N/ A ACCT NUM: FUNDS AVAILABLE: APPROVED FOR CITY COUNCIL AGENDA ~J,.J. ,. ~~ .. ROBERT T. HERRERA, CITY MANAGER ;)... a~- () \ DATE e e THE ATTACHED ITEM WAS PREVIOUSLY TABLED ON FEBRUARY 26, 2001 AND MARCH 16, 2001 WITH RESOLUTION NO. 2001-02. THE RESOLUTION WAS PASSES ON APRIL 8, 2002. RESOLUTION NO. 2002-21 ,/ / e e j/rBLElJ ~/;'!f(} / . '/Mlfd 31 'fIIDl 9}vtJ Tjm~ RESOLUTION 01- /Jew:f:b ;}008-;2-2- 1t6jJ~J}ed "1-jM'5~d t)() 1/1/0f RESOLUTION AUTHORIZING THE RESALE OF CERTlfIN-PROPERTYI' TO PAUL AND ELAINE SCHRAIDER WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the property; and , WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and , WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold for less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all . taxing units that tax the property;. and WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit offers to purchase such real property and to secure the best offer for such property that is sufficient to pay at least the costs of suit and sale of such property; and WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for all taxes, penalties interest and costs that have accrued up to the date of resale BE IT ~SOL YED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, Section 1. That the City of La Porte, as Trustee, resell the real Pf9perty described in the attached Exhibit "A", for the amounts set for on said Exhibit "A", in full satisfactibn of taxes, penalties, interest and costs that have accrued on the property up to the date of sale, subject to the approval of such resales by official action by the governing bodies of the La Porte Independent School District and Harris County. Section 2. That 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 offices of City of La Porte 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 resolution 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. PASSED AND APPROVED this the 26th day of February 2001. CITY OF LA PORTE, TEXAS Norman Malone, Mayor A TIEST: APPROVED: Martha Gillett, City Secretary Knox Askins, City Attorney . -rff&LaJ '/j~tJ/ RESOLUTION 01- RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY TO PAUL AND ELAINE SCHRAIDER WHEREAS the City of La Porte (City), in the course of its function as a taxing entity in the State of Texas, obtains title to real property in the capacity as Trustee for itself and other taxing units that tax the property; and WHEREAS it is necessary for various reasons that some of the property so obtained must be resold by the taxing units for less than the aggregate amounts of taxes, penalties, interest and costs; and WHEREAS Section 35.05 of the Texas Property Tax Code requires that when real property is sold for less than the aggregate amount of taxes, penalties, interest and costs, the sale must be approved by all taxing units that tax the property; and WHEREAS the City has adopted procedures designed to provide all parties the opportunity to submit offers to purchase such real property and to secure the best offer for such property that is sufficient to pay at least the costs of suit and sale of such property; and WHEREAS it is desirable that resale of the property be free and clear of all claims of the taxing units, for all taxes, penalties interest and costs that have accrued up to the date of resale BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, Section 1. That the City of La Porte, as Trustee, resell the real property described in the attached Exhibit "A", for the amounts set for on said Exhibit "A", in full satisfaction of taxes, penalties, interest and costs that have accrued on the property up to the date of sale, subject to the approval of such resales by official action by the governing bodies of the La Porte Independent School District and Harris County. Section 2. That 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 offices of City of La Porte 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 resolution 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. PASSED AND APPROVED this the 26th day of February 2001. CITY OF LA PORTE, TEXAS Norman Malone, Mayor ATTEST: APPROVED: Martha Gillett, City Secretary Knox Askins, City Attorney e e EXHIBIT A TAX RESALE PROPERTY TO BE SOLD TO PAUL AND ELAINE SCHRAIDER FOR A TOTAL AMOUNT OF $5,500.00 (FIVE THOUSAND FIVE HUNDRED DOLLARS). TRACT 1: LOTS LOT 8 & THE SOUTH 7 FEET OF LOT 9 & THE NORTH 4.58 FEET OF LOT 10 & ADJACENT STRIP OF BLOCK 240 SAN JACINTO HOMES, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN THE MAP RECORDS OF HARRIS COUNTY, TEXAS, AND COMMONLY KNOWN AS 513 S VIRGINA STREET, LA PORTE, TEXAS 77571. ct ~ ()) ~ o ~~ ,~ H'8,rri'$ County, A. .' ......p. "'P' ..'.."r"8'. ".IIIXS' ..8.....1 .~ ',' ..' 'f ' .,. . ";' :". : . . ,'- :- - /' ::: ..~ " , ". . '. ", :. ", . '," .D,is',tri'ct So.I.'" .. 200' ..UBUCA:f1Q", I;JATE: OeiD.mia.. 02, 1... N W E 5 F :A.,"':&,,,,,,-,, '. '- '.HiW~l -,...;i~AI: "S" "1' '.'."15')83 (B,,7.... ,x . ',"- ..: ._.:~ .-(' . "','-"., ,',' ;.;" ."."..... ::_.'~,,:i:;f'...:';'~;... 'c?f':""- ::~~ ."~' ,"' ""'!,':""""""'-':'T;'" ..C',-'_""','.'. -'7""~ 'I ~ e e REAL PROPERTY OFFER FORM OFFER TO PURCHASE PROPE:RTY FROM THE CITY OF LA PORTE. TRUSTEE . (~~~lT1it. on~ off~i for e~Ct1'acq~u'ntr , " ?Cl. u 1 9FF~R NAMf:(S): s c~ cu') c:: ;. 'c>; cr- 00/ .5 - ii- ;"".J '-: ,""v.,.., 'Y .,;..;,. " " .' pH9N~fAX' ~iv.Me'a~(~)'; . "2: .~'I" t 8)0 Z 2- ~- ? zB I ~? -(, ,- 6 B Y6 ~;;:j;)(: >:'" ." " ' . ' .':: '~;,,'.':''.''.>'''' -,""::", '. > :'.. '-',' "" , ;', ^:", :", : ',"'~.' :.~;-: ".'p~~,< :':: <':~:.:~:~":':, ' .' .' ktCAO'ACCOUNT NO" , .-: ,', :/5-6/}'" ~:' Q '1 cr. ~ 0'0 ,6':';"'0-0:.'<;:) 7,. , 'e.' '::" .' :.. "::"'::':", ~~~~~~li/6~~~~~~~~:';,';;S~~3E~,:'.~~T~','!,':7:;~;}~Jf:Z~'Tl-'''i' .,'. ; , .':' , ", ' " ' '^A: :::::ift:, i:a,,','fi .,.:t ,:,: ("bl-:' /Cr . ,'" }..'J:: 's"f...r, " '. '.:'.. ,;},";:'~".::+:D\<<'; \ 1'>:' ,f' .... i '~'" ...f...' c c" :/ ",f :'~:~,'t: . AMQUNT()FF.ERED~ ' ,.,' . ,,' ' 5S't) 0 >< .,'.'...." 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"'{'~'" ,'. ~\, '~,"" ,',,,,,,,,, ,.."..t'r ."-'" ",,. " ____, '\' axing unJ ,,":,",...~'.' !~,:~;,~r:'.y.:,,,,"~,",, ... . '~',f;k~I"t;'~::.:~->.~.;:,..~r::'<,:":_,~",, .;~".."., _,"_..:;2~-'_'aqnujdition'ta'th """,;,,<'.:-': \~,~~r.~~~' ;'..~.,' " '.."."., ,..',,,,._':;:~~::6~:':~:_;::,;,~':!~}m;~~~rvir~,~~"pr9;p.~~',m~~tp~"P'~id:>a)~9 ,>~:;'" .~,,~~I:.;::>-::;"I atnnqtQeinn~'I~;.;,..,;o~i\{axe$'.for,any:p-tgperties' collected by the LaP6rte~'Tax Office.'\:~:t::"",; -: : ;>~h:;,i;;:' . ~::~'~':''f;~:):j:~S~~1,;~~:!.)~!n',;:':;'~';,';r'7;J''j'1::: J.~' '.1 'j. 'c . ". . ,'"'' . . OFFEROR: ' . . .",' .,.....: . ;,\OPRESS: <,,;,~?\ ","/.", . ) \" ,':- " ~::'~" ". ", ..'.', . '.:. . . ,~ . ",'. ',. ," .,( '. , : ';:'\~' "'. ." . ~~,i:< : ~.:: :. :' '. .... ~ ('" ,.' .' ,.' SWORN TO AND 9UB~GR~ED ,~~FO,RE ME. THE UNO~R~IGNED AUTHORaTY. ON THIS ---L1- DAY OF ~ f t? . . ~~ . , .' . '. .' j/ ", <- Q () 0 . '. / ? ,.1 , -,.:. ...., . ;C'/ ~/.. '. NOTA Y UBLlG. STATE' OF TI;XAS , ..... \ ,,' ,. ":" .,". ~~, ' > :-,,,'., . ,...:. . :""",'!/h';,"'''.. . aE.~," ~ f.~" . :-i \. . : 'l.l.l' 'l 'IT(,,' ~ L, BAf\1q)4~ MV COMi;uSSION EX~!RI;() " ~r13~~" ". ~(C~~.'W~ rm ~' SEP 1 ~ 20;-,a ". . " ., '. ~..' .'" -...\., 7>1 ", ,. j CITY OF LA PORTE HeAD: Appraisal Record Det_ e Page 1 of2 c" . Real: Account Number 'Address Owner Name Personal: Account Number Address Owner Name Real Property Account HCAD Account # : 06~0990060001 Tax Year: 1999 Owner Name : SP~IN~ER ~RllL Owner Address: 5q S VI.,RGINIA 51' LA PORTE 1X 77511-5470 Property Address : 5~3,S VIRGINIA 51' LA PQRTE 1X 17571 ; '..~ . \ '.... - ." "',., . Legal Description : L T~tJ &. ~ &. S 7 fT OF IL T 7 & N4~58 f.T OF IT 10 &. AD] STRIP BLt< 240 SAN J~CINTO HOMES State Class Code: Pol -,. Real, Residential, Single-Family Homestead Exemption : -- Special Exemption : -.,. Jurisdiction Codes: 020 040 047 on. , Overlapping CAO ; No Capped Account: No Notice Date : 04/~2/j],!9l99 ARB Approved: 08/13/U199 Value Status : An VaillJElz Certified ( Your taxes will be based on Appraised Value, less applicable exemptions, if any. Use market value for comparison with your neighbors. Valuation: Previous Change Appraised Market Value ~ Land: 8,000 (Q) 8,000 Improvement: 21,300 (Q) 2.1,300 Ag/Tmbr/~pc : (0) <<ll IQ) Total Value: 2~,300 0 29,300 Z.~,30(\) . .' '~:,i~\h~',~:'.J"~./~'I~!~~f~;;~::t;i:l.~:: '.':, ':~!.r~I"1y./.,!::i~~..~.:.."t~.~ 'I. : ;;'"~::'1!:41.': ',( 'i~' . "-"\' . .. \ ". '\ ~ ,'\.' -,' . ~:. ~., "" . . .., ,~...' ~ . .., .. .. ......, , .' .:'. ..,.; ". , ~:: ~ . ~: . . . ',:': ~:. . i:,.;: . .\: I ""', ~ ':', . . .. ~ \ ~ \ .. '. \ ;. , . . ~.-: l :.;l,.. : :: i:-':: '.~ :.~ \. ~ j: I , . I " '"' [ . . : .. ',\'" '. .". Note: For any problems or questions with any account, please email Accol!nt Questions with the account number (if you have it) and the nature of the problem or question. For technical questions (and technical questions only), please email the webmaster. Home Records Maps Forms Links Index New! "~ ' Home Records Maps Forms Links Ind~x N e \II ! 'j "':'" http://data.hcad.org/cgi-binlAV/ A VDetail.asp?acct=06909900600Q7 3/23100 e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM ADDrODriation Requested By: S. Gillett Source of Funds: N/A Account Number: N/A xx Amount Budgeted: Nt A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION The City of La Porte has received a request from Universal Ensco, Inc. on behalf of Amoco Pipeline Company to construct a pipeline within the City, as illustrated on the attached plat. The request is to construct an eighteen-inch (18") refined petroleum products pipeline. The pipeline will transport gasoline, diesel, jet fuel, heating oil, and kerosene at a temperature of between 600 and 800 F at a maximum pressure of 944 psig. The request meets all requirements of Ordinance 915. The application fee of1/300.00 and the first year's permit fee of$200.00 has been paid. Any future relocation of the pipeline permitted within the City, State or County rights-of-way shall be at the sole expense of the permittee. Action Required bv Council: Approve Ordinance No. 2001-915-TT approving a permit to Amoco Pipeline Company for an eighteen-inch (18") refined petroleum products pipeline. Approved for City Council Aeenda ~J.U~ Robert T. Herrera, City Manager a..~o -0\ Date e e ORDINANCE NO. 2000-915-TT AN ORDINANCE GRANTING A PERMIT UNDER SECTION 18-a-3 OF ORDINANCE NO. 915, "PIPELINE TRANSPORTATION", BEING CHAPTER 18-A OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS, DATED NOVEMBER 25, 1975, TO CONSTRUCT A 18-INCH PIPE LINE FOR THE TRANSPORTATION OF REFINED PETROLEUM PRODUCTS; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council of the City of La Porte has received an application dated January 4, 2001, from AMOCO PIPELINE COMPANY, requesting a permit under section 18-A-3 of Ordinance 915, being Chapter 18-A of the Code of Ordinances of the City of La Porte, to construct and operate its 18-inch steel pipe line for the transportation of REFINED PETROLEUM PRODUCTS, crossing the City of La Porte, all as shown on said application. The application of AMOCO PIPELINE COMPANY has been reviewed by the City's Director of Public Works, who has found that said application meets all requirements of said Ordinance No. 915, and has recommended its approval. section 2. The City council of the City of La Porte hereby approves the application of AMOCO PIPELINE COMPANY, dated January 4, 2001, and this Ordinance shall constitute a permit to AMOCO PIPELINE COMPANY to operate said pipe line within the City of La Porte, all in conformance with the requirements of Ordinance No. 915, contingent upon its filing with the City of La Porte prior to commencement of construction, copies of its permits from the Texas Department of Highways and Transportation; Harris County; and the Harris County Flood Control District. Any future relocation of the pipe lines herein permitted, within the city, State, or county rights-of-way, shall be at the sole expense of permittee. e e section 3. This Ordinance shall be in full force and effect from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26th day of February, 2001. CITY OF LA PORTE By: NoCan~ ~ Mayor ATTEST: lJ!L~~qi!~ City Secretary AOZx~ Knox W. Askins City Attorney 2 ,__mn '[ e e )ATE , / I ~ECEIVED ;ROM }oJ, j..:? .f.: ~I ,...." ,.. /'. ...<...~/ --'(" i'<::; ...~: ,("'l lAYMENT ~.""" ;OR (, 'i,~- (. /~ f,: if -.~.t~-~ ~..'i..,: ' .... _.,._..~... CITY OF LA PORTE P.O. BOX 1115 · LA PORTE, TEXAS 77572-1115 · 281/471-5020 o I,J/ 0 l1d RECEIPT NO. r'<""l~70 OliO o CHECK / MONEY ORDER NO. MONEY CASHIERS CASH CHECK ORDER CHECK ~ . /' " { ,.....:;-..., ~ ..,_1'1. ';'. d;~: "'...;1.'..,.......(-. ....If {".I.- .t!.,-/"'(~.,.. ~ .' ~.p"""~ r..~.. tr;2,1.?,.{:'!.. ~_:/, t'Z;:~f:~,r(./_:::;~,e{":_.." ~.., ....~ <~;? ,;:y f AMOUNT $ )ESCRIPTION' (. i .~ ; ~ 3L CODE CASHIER ~.., /(,.... t<~ ~.,...{.: 2..-- ACCOUNTING lOOkOS 1 t,I)kOS DATE INVOICE NO, " DESCRIPTION AMOUNT DISCOUNT NET AMOUNT 01/04/0c 010401 PERt-lIT FEES 500.00 500.00 UNIVERSAL ENSCoe'C, tt 264929 - ,./~"" --E ..,.., "'--'Y'RcrSOX57028 ' 1t{.~-li~.i;~7TlS~~ III 2 b ~ q 2 q III 1:,),),:1 0 ). ). 2 581: 1110),), 8:1 0 llll .:....- ": "","',"", ":-.';"-. g{~~;i~ '- .;.." '. '.' . . ,-,.....; "-,^,=;,~",~:,,'::'~>'., '-"",.0." " : " ,':' ",'" >c_ ,~", y,;'-';..'. , ,***500 DOLLli~~t;ft'tl~ ( DATE I' CHEClC~O~ I 01/o4flnil,'2649,29'- '-. ":,,"-'-"",-' '.," "--"" " ..,'.. .., ,..-':.. -,,':'. .,".:' ,',' . PAY IDtHE:.:-"c,_ "~dCIIY. OE LA PORTE, ORDER ~ - '. . ~~~\~~ '~~~~Q:~~t~~< ~f ~I:l~ ~a~;~' , : .. .'-.; .:~ " ' ":::f:,'~~Y'TH.IS,~:NT , ' ":"'$, **, **, **$00: ob' . .. .. ... -."'. . ~::'.".. e e /-m" { , UNIVERSAL \~J '/ UNIVERSAL ENSCO, INC. Robert E. McFadden President January 4,2001 City of La Porte P. O. Box 1115 La Porte, Texas 77572-1115 Attention: Subject: City Secretary BP Amoco Corporation, 18 Inch Refined Petroleum Products Pipeline Pipeline Permit Ordinance Request APL-3348-01-001 City Secretary: The BP Amoco Corporation (BP Amoco) has requested the assistance of Universal Ensco, Inc. (UBI) in the engineering and design of relocating one (1) eighteen inch (18") refined petroleum products pipeline. The Union Pacific Railroad is expanding the Strang Rail Yard and has requested BP Amoco to relocate its pipeline. BP Amoco is submitting to the La Porte City Council its Pipeline Permit Ordinance Request. The present 18 inch pipeline is in the Union Pacific Railroad right-of-way from Fairmont Parkway northward to Texas Highway 225 and parallels Texas Highway 225 within the Union Pacific Railroad right-of-way to within approximately one mile of Beltway 8. At this point it crosses Texas Highway 225 and enters Shell Refining Company property. The proposed pipeline route within the City of La Porte begins near the intersection of Fairmont Parkway and Union Pacific Railroad crossing the Union Pacific Railroad, Harris County Flood Control Ditch (AI 04-07) and Bay Area Boulevard. The route parallels Fairmont Parkway on the south side for several miles going west crossing Bay Park Road, Big Island Slough (Harris County Flood Control Ditch B 1 06-00), and Underwood Road to a H. L. & P. Corridor where it turns north. The route continues north crossing Fairmont Parkway, Willow Spring Bayou (Harris County Flood Control Ditch B112-02), and Spencer Highway. The pipeline leaves the City of La Porte and continues north in the H. L. & P corridor. 713/977-7770 FAX 713/977-5143 WATS 1-800.966.1811 1811 Bering Drive Houston, TX 77057.3100 P.O, Box 570248 Houston, TX 77257-0248 e e City Secretary City of La Porte January 4, 2001 Page 2 of4 The proposed new route and the existing pipeline route for the relocated portion of the 18" pipeline are shown on the attached drawing numbers 3348D-1503 and 3348D-1504. The pipeline is owned and operated by: Amoco Pipeline Company 28100 Torch Parkway, Suite 800 Warrenville, IL 60555 This name and address is requested to be used on the permit documents. The new pipeline specifications are: · Mainline - 18.000" O.D. x 0.281" W.T., API-5L-X42, ERW, with 14-16 mils ofFBE coating. · Exxon Corridor - 18.000" O.D. x 0.344" W.T., API-5L-X42,ERW, with 14-16 mils ofFBE coating. · Exxon Corridor Road Crossings - 18.000" O.D. x 0.500" W.T., API-5L-X42, ERW, with 14-16 mils ofFBE coating, and Powercrete Coating. · Road Crossings - 18.000" O. D. x 0.344" W.T., API-5L-X42, ERW, with 14-16 mils ofFBE coating, and Powercrete Coating. · Directional Drills - 18.000" O.D. x .500 W.T., API-5L-X42, ERW, with 14 - 16 mils ofFBE coating, and Powercrete Coating. The pipeline will transport refined liquid petroleum product such as gasoline, diesel, jet fuel, heating oil, and kerosene. Flowing temperature of the product will be ambient ground temperature between 600 and 800 F. The new pipeline is being designed and constructed to a maximum allowable operating pressure of 944 psig under the Code of Federal Regulation, Title 49, Part 195, "Transportation of Hazardous Liquids by Pipeline", ASME B31.4, "Liquid Transportation Systems For Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia, and Alcohols", and "City of La Porte, Pipeline Permit Requirements, Ordinance 915". The pipeline will be install with a minimum cover of 4 feet; the street crossings will have 6 feet minimum e e City Secretary City of La Porte January 4,2001 Page 3 of 4 cover; and all permitted ditches from the Harris County Flood Control District (HCFCD) will . pass 5 feet below the HCFCD's ultimate design. All street crossings will be conventionally bored. The Union Pacific Railroad crossing, HCFCD Ditch AI04-07-00, Big Island Slough (HCFCD Ditch B 1 06-00-00) and HCFCD Ditch B 1 09-00-00 will be directionally drilled or guided pilot bored. BP Amoco proposes to start construction in late 1st Quarter or early 2nd Quarter, 2001. Construction time is estimated at seventy-two (72) working days with completion and demobilization in June, 2001. The abandoned 18" pipeline will be emptied by displacing the line fill with nitrogen, after which the pipeline will be pumped full of concrete and abandoned in place. There will be approximately nine (9) miles of abandoned pipeline in the Union Pacific Railroad right-of-way. A check in the amount of $500.00 is enclosed for the permit fee of $300.00 and the first year annual fee of $200.00. Copies of permit drawings for the Union Pacific Railroad and Harris County Flood Control District are included for those crossings located in the City of La Porte. It is hoped this application will meet with the City of La Porte's City Council approval. If additional information is required, please contact: Mr. Ron Whaley, Project Manager Universal Ensco, Inc., 1811 Bering, Houston, Texas 77057 Phone: 713-977-7770 ext. 1226 City Secretary City of La Porte January 4,2001 Page 4 of 4 e Thank you for your assistance and support. Sincerely, UNIVERSAL ENSCO, INe. ~ i~, Ron Whaley Project Manager cc: Nik Gandhi File 3348/3.3 Attachment: 2 Sets of plans each containing: USGS Maps - 2 Union Pacific Railroad Permit Drawing - 1 Harris County Flood Control Permit Drawings - 3 Street Crossing Permit Drawings - 5 UEI Alignment Drawings - 9 Exxon Corridor Drawings - 4 e ~GF~T_~1 I I I I 1 I I rS" 'I I :' 1'[ S~ , ... ;' >> D ~I ~I ,A PORTE ,. ~\ _..c::::::- - - ---f-, v' ,..-,-<' ~'" ~ ,~..,,,',' ,. .,...,...., .,< .. .,""'.. .,- .... ,'7 ' : , Itei .' .. I -I'~ '".~, ' -'-..,.. i ~T ~I ,~-- ~ARRIS COUN /' /r- ==:j ~~, t-~ - ~ : j' I \,~-+- "~ "[" ~'''ooO~'~ ,:, ,. o <'111 : R._, .- !" ,.. . . I . . . I . 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G' \J D ""I' ",","'F"''' ~-,+-- I I I I \ e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Public Works Agenda Date Requested: Februa Appropriation Requested By: S. Gillett Source of Funds: Utility CIP Department: Account Number: 003-9890-814-1100 Report: Resolution: Ordinance: xx Amount Budgeted: $250,000 Ordinance Amount Requested: $24,250 Exhibits: Exhibits: Contract for En2ineerin2 Services Budgeted Item: YES Exhibits: SUMMARY & RECOMMENDATION An engineering evaluation was performed last year for Lift Station # 40, which serves the former Bayshore Municipal Utility District. The Study, performed by Claunch & Miller, Inc., identified improvements to the facility to rehabilitate the structural, mechanical and electrical systems, and to provide additional capacity to serve undeveloped areas of south La Porte. Proposed improvements include removal of existing pumps and control system, cleaning and recoating wet well walls and replacement of control system and pumps. The pumps will be replaced with submersible type pumps, which will require modifications to the wet well top and hatch opening. Existing flow will be bypass pumped during construction of the proposed improvements. Claunch & Miller has submitted a proposal to perform engineering design services for this Project. The costs associated with this Project are as follows: Final Design Phase Construction Phase Total Engineering $20,250.00 4.000.00 $24,250.00 Adequate funding is available for the engineering phase of this Project. Action Required bv Council: Approve an ordinance authorizing the City Manager to execute a contract with Claunch & Miller, Inc. to perform engineering design services for the Lift Station 40 Project in an amount not to exceed $24,250.00. Approved for City Council A2enda ~ t. \~~ Robert T. Herrera, City Manager ~..~() .O( Date e e ORDINANCE NO. 2001-~1-f II ~ AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND CLAUNCH & MILLER, INC., FOR ENGINEERING DESIGN SERVICES FOR IMPROVEMENTS TO LIFT STATION 40; APPROPRIATING NOT TO EXCEED $24,250.00 TO FUND SAID CONTRACT; 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: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking descr ibed in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the sum not to exceed $24,250.00 from the Utility Capital Improvement Fund 003 to fund said contract. Section 2. 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 ci ty 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. e e ORDINANCE NO. 2001-~~U~ PAGE 2 section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this~ftrII- day of rr!BeUJiJY , 2001 By: CITY OF LA PORTE N~:( f/~ Mayor ATTEST: ~;;!!JP!!!!~~~tf1.JJj)j City Secretary Knox City e e AGREEMENT FOR SERVICES This Agreement entered into as of the {)~-H- day of EEa, J-rol , A.D., by and between Claunch & Miller, Inc. hereinafter referred to as the "Consultant", and the City of La Porte, Texas, hereinafter referred to as the "Client". WITNESSETH WHEREAS, the Client has requested various services of the Consultant with respect to engineering design and preparation of contract documents for the construction of the proposed lift station improvements (hereinafter referred to as the Project). NOW, THEREFORE, Client and Consultant hereby agrees as follows: 1. Engagement of Consultant ~ Consultant hereby agrees to perform the services required under the scope of services related to the Project, and to provide Client with copies of the information, opinions, design calculations and contract documents made the basis of the scope of the services, which is set out in Attachment "A" and made a part of this contract. Consultant agrees to initiate services upon receipt of an executed copy of this Agreement. 2. A vailabilirv of Information ~ Client agrees to provide Consultant with all available information pertinent to the Project. Client will also provide copies of reports, drawings, and other data, and will, at Consultant's request, provide written authorization to review Client's files relative to the Project which may be in possession of third parties. Consultant agrees to return all original documents to Client upon completion of the Project, but reserves the right to make and keep reproducible copies of all such material. 3. Access to Facilities, Client will provide access for the Consultant to e e enter the property and facilities of Client, as necessary for Consultant to perform services as required under the Project. 4. Instruments of Service - All documents prepared in accordance with this contract including exhibits, field notes, laboratory data, original drawings, and specifications are the property of the Client. The Consultant is given the right to use any of this data in connection with future engineering projects. The Consultant may retain copies or reproducibles of any information prepared for this Project. 5. Determination of Fees - The fees for the scope of services as stated in Attachment "A" provided by Consultant under this agreement will be based on a Lump Sum Amount of $24,250.00 for design and construction administration. 6. Pavment and Fee Schedule - The Consultant will submit a monthly invoice for services rendered. The invoice will be based upon the Consultant's estimate of the proportion of the total services actually completed at the time of the invoice for design and construction administration. Services will be invoiced using the following fee schedule: Final Design: $ 20,250.00 Construction Administration: $ 4,000.00 ii e e 7. Terms of Payment - Payment of fees as determined under Paragraph 5 herein above shall be due and payable by Client within thirty (30) days following receipt of Consultant's monthly invoice. 8. Additional Services - Additional services beyond those described in the Scope of Services will be invoiced on the basis of direct labor cost times a factor of 2.99 and direct cost plus 10%. 9. Termination - The Client may terminate this contract at any time by giving seven (7) days' notice in writing to the Consultant. In that case, all finished or unfinished documents and other materials produced under this contract, shall become the Client's property. If the contract is terminated by the Client in accordance with this provision, Consultant shall be paid for all services performed to the date of termination. Consultant may terminate this contract upon seven days' written notice in the event of substantial failure by the Client to perform in accordance with the terms hereof through no fault of the Consultant. 10. Governing' Law - This Agreement shall be deemed to have been made under, and shall be construed and interpreted in accordance with the laws of the State ofTexas~ The venue of any suit for enforcement or construction of this contract shall be in Harris County, Texas. 11. Dispute Resolution - The parties will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after iii e e receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association. If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the controversy shall be settled by arbitration in accordance with "American Arbitration Association Construction Industry Arbitration Rules" by a sole arbitrator. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C & 1-16, and judgment upon award rendered by the Arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration shall be Harris County. The arbitrator is not empowered to award damages in excess of actual damages, including punitive damages. IV first written. ATTEST: ~-4- e e ENTERED INTO AND AGREED by the parties hereto as the day and year CLAUNCH & MILLER, INC. Consultant / /J /J BY: ~10~ t ~ CHRISTOPHER . CLAUNCH, P.E. President CITY OF LA PORTE, TEXAS Client By:G~ UJ)~ v ~ ~ e tit CLA UN CH & MILLER, IN C. Engineering Consultants ATTACHMENT "A" January 17, 2001 Mr. Steve Gillett Director of Public Works P.O. Box 1115 La Porte, TX 77572-1115 RE: Engineering Services for Design of Lift Station #40 Dear Mr. Gillett: Claunch & Miller, Inc. (CMI) is pleased to submit this proposal for providing engineering design services on the above referenced project. DESCRIPTION OF PROTECT CMI prepared a report, entitled "Lift Station #40 Evaluation" for the City of La Porte in December of 1999. The report provides an evaluation of Lift Station #40 and the 10" and 12" force main extending to the Gulf Coast Waste disposal Authority's (GCWDA) Bayport treatment plant. Lift Station #40 is located near the southern limits of the City in the Shady River Subdivision. Future development in the southern limits of the City is anticipated and the City desires to upgrade the station to serve additional developed areas. The City also desires 1:0 rehabilitate the structural, mechanical and electrical systems of the station and replace the existing suction lift pumps with submersible type pumps. The report recommended improvements to the lift station consisting of the removal of the existing pumps and control system, cleaning and recoating the wet well walls and replacement of the control system and pumps. The pumps will be replaced with submersible type pumps which will require modifications to the wet well top and hatch opening. Existing flow to the wet well will have to be bypassed during the construction of the proposed improvements. The preliminary estimated cost for the construction of the improvements was estimated to be $196,400.00. Page 1 of 5 3701 Kirby Drive, Suite 860. Houston, Texas 77098. (713) 524-7113 e e SCOPE The scope of engineering services is as follows: Survev Services . Survey services will consist of field measuring and sketching the existing wet well and improvements to augment City supplied data. . Vertical elevation information will be based on the City of LaPorte datum, if available. Geotechnical Service . No geotechnical services will be obtained for this project. DESIGN ENGINEERING PHASE . Prepare detailed plan and profile drawings of the final design as presented in the engineering evaluation report. . Provide plans for electrical and control systems. . Prepare contract specifications for the project suitable for bidding. . Prepare an update of the construction cost based on the final design. . Furnish five (5) sets of construction documents for the project to the City of La Porte. CONSTRUCTION ADMINISTRATION PHASE . Assist the City in obtaining bids for the Projects. . Dispense construction documents from CMI's office to potential bidders. . During the bidding process, provide information to and answer questions from potential bidders concerning the Project's construction documents. . Evaluate the bids and the qualifications of the apparent low bidders and advise the City as to the acceptability of the apparent low bidders. Page 2 of 5 e e ~ . Act as the City's Project representative during the construction phase. . Review and respond accordingly to all submittals as required by the contract specifications. . Consult and advise the City; issue all instructions to the Contractor requested by the City; and prepare and issue, as required, change orders with the City's approval. . Review the contractor's pay estimates, evaluate the completion of work and make payment recommendations to the City. . Visit the site at intervals appropriate to the various stages of construction to observe the progress and quality of executed work and to determine in general if such work is proceeding in accordance with the Contract Documents. Such site visits are intended to be periodic in nature and are not intended to be full time site representation. . Claunch & Miller, Inc. (CMI) will not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor(s) or the safety precautions and programs incident to the work of the Contractor(s). CMI's effort will be directed toward providing a greater degree of confidence for the City of La Porte that the completed work of Contractor (s) will conform to the Contract Documents, but CMI will not be responsible for the failure of Contractor(s) to perform the work in accordance with the Contract Documents. . Conduct a final inspection of the project upon completion of the construction. Prepare a punch list of items to be completed by the contractor prior to final payment. Verify that the punch list items have been addressed to the City's satisfaction prior to final payment. . Prepare a recommendation for Final Payment for the project. . Provide as~built drawings based on contractor's redlines. Page 3 of 5 ~ ~ e e ADDITIONAL SERVICES . "Additional Services" shall only be performed when directed by the City to CM!. These services are not considered normal or customary engineering services. . Services resulting from significant changes in the extent of the Project or its design including but not limited to changes in size, complexity, the City's schedule, or character of construction or method of financing; and revising previously accepted studies, reports design documents or Contract Documents when such revisions are due to causes beyond CMI's control. . Preparing documents for alternate bids requested by the City or documents for out of sequence work. . Preparing to serve or serving as a consultant or witness for the City in any litigation, public hearing or other legal or administrative proceeding involving the Project. . Additional or extended services during construction made necessary by (1) work damaged by fire or other cause during construction, (2) a significant amount of defective or neglected work of Contractor(s), (3) prolongation of the construction contract time, (4) acceleration of the progress schedule involving services beyond normal working hours and (5) default of contractor CMI will endeavor to apprise the City of any potential additional or extended services which may result from the above listed 5 items, prior to CMI's expenditure of time on such services. As previously noted, any such extended or additional services shall only be performed when directed by the City to CM!. . Additional services not otherwise provided for in the scope of services. Page 4 of 5 e e FEE Final Desie:n Phase Claunch and Miller, Inc. will perform the Final Design Phase for the Lump Sum amount of: $20,250.00 Construction Administration Phase Claunch and Miller, Inc. will perform the Construction Administration Phase for the Lump Sum amount of: $4,000.00 TOTAL $24,250.00 Additional Services Additional services beyond those described in the Scope of Services will be invoiced on the basis of direct labor cost times a factor of 2.99 and direct cost plus 10%. FEE SCHEDULE Claunch & Miller, Inc. will submit monthly progress invoices for all engineering work completed to invoice date. The invoices would be based on a percentage of completion of each phase applied to the lump sum fee. Claunch & Miller, Inc. appreciates the opportunity to submit this proposal and to continue working for the City of La Porte. Sincerely, fC..H~IL~ I P. z: ~mes E. Thompson, P.E. Senior Project Manager JET /md Page 5 of 5 e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 24 2001 Requested By: Doug Kneuppe~ /' Department: Planning '-7V -1 Source of Funds: 2000 G.O. Bonds ($1,500,000) 97-98 Gen Fund ($360,000) 98-99 Gen Fund ($360,000) Account Number: 015-9892-758-5110 Report: _Resolution: _Ordinance: ~ Amount Budgeted: $2,220,000 Amount Requested: $1,726,594 Exhibits: Ordinance Bid Tabulation List of Pre-Qualified General Contractors Budgeted Item: YES . SUMMARY & RECOMMENDATION This project can be briefly described as the addition of approximately 11,000 sq. ft. and the renovation of approximately 14,500 sq. ft. to the City Hall building. The bidding process for this project actually began a few months ago with the contractor pre -qualification process. Section 2~ 106 of the Code of Ordinances provides the guidelines for pre-qualifying general contractors for a project of this size. We started with 12 contractors that were pre-qualified from the Library project. Mter advertising for pre-qualification for the current project, we were able to pre - qualify four additional contractors making our total of pre-qualified contractors 16. Seven of our pre-qualified contractors attended the mandatory pre-bid meeting, and four of the pre-bid attendees submitted bids for this project (bid tabulation attached). The previous estimates from our architect, Robert McKinney, were a total project cost of approximately $1.7 million and 13 months to complete. RTG Building Company located in Seabrook, the low bidder, has submitted a bid in the amount of $1,644,375 with 365 days to complete the project. RTG Building Company successfully pre-qualified for this project, submitted the lowest bid, and this amount is within the funds previously budgeted for this project. Staff recommends awarding this project to RTG Building Company and providing $1,644,375 plus a contingency of$82,219 (5%) to fund said contract. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute a construction contract with RTG Building Company and providing $1,726,594 to fund said contract. Approved for City Council A2enda G<~ 'G L~~ Robert T. Herrera, City Manager a.~". ol Date e e ORDINANCE NO. 2001- t),l.flJq AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND R.T.G. BUILDING COMPANY FOR CONSTRUCTION OF CITY HALL EXPANSION/RENOVATIONS; APPROPRIATING $1,644,375.00 PLUS A CONTINGENCY OF $82,219.00, TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affIx the seal of the City to all such documents. City Council appropriates the sum of $1,644,375.00 plus a contingency of $82,219.00 from General Capital Improvement Fund 015 to fund said contract. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and su bject 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 thne required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been e e ORDINANCE NO. 2001-~4-loq 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26th day of February, 2001. CITY OF LA PORTE By: /?'4 ~ Norman L. Mal ne, Mayor ATIEST: ~aJJ:iJ~ c1ttlhtl Mar ha Gillett City Secretary C2?~~ Knox W. Askins, City Attorney e e Due to the volume of this contract, a copy is available for your review in the City Secretary's Office e e CITY or LA PORTE CITY HALL EXPANSION/RENOVATION CLP PROJECT #99-2206 BID TABULATION ","""""""""'.."""""""""""",',',"""""""""""""'....""""""0"'..'..'" ........" ',',',...... ....,.., ,', '.. ,..,.., .......... "8'" .., ",',..,' ..-.... .. ------ ...-. --. -. -.... -- -...... . ... ,. . ......... . . .. ...-.... .... .. ...... ..... . ... ......., ... ...... ..... .------.-, -. -....... ..... -.. .-... - .... - - . ,.... .._____ . . .. . '.'.d __ __ _... ....... .... ........ ....". -,. ..... .. ........... . . .... ... .... ".""""8,, ,l,,[), """""",/A,O",. 6, .E",N, '6,,' .,U...,M"""~",.,O" ,y, ",g, ",..m, " ,', ',',',', . . . . . . . . .. . . . . . . .. .... .. .. .... ... .. ....... ... .... . .. ... . . . . .-...... .. ........ ..... .".. .......... .... .... -.... ',"::B::"O', 'N"('D::::,T nn::'::::}1:n,&:,:n"2',:::(((,:n:,: .',;:.Te'::' 0"::' IVI: '/::p':".:ru":E'::,:,m'.':,".',E' :,','.: .. .. .. .... ................. .... .... ............. ....... -.. -- . ..... ."........ ................. .... .... .........,............. .......... ..., ..,...- -.... ...--- .-.., .... - -.. ..- ...........---- -... -- - . _..... ....... ... .. ..... .................... . .-. ............... .... ... . ....... ..... .... ... . .-.. ----- ..............--. --- .- -----.--...... .-.. - _..,... .... .. ..... ..... ................ ... ... ............. ..... . ....... . .>. .. -... ... ...... ... -.... . .. ..--.. ..... ....._-_...--.-- ..._---------........ .....................-..-...-.. .-..........-...-.-,.-.-........-.......,.-.-.......-......... ....................................... R.T.G. BUILDING COMPANY Y Y 365 $1,644,375.00 COMMODORE CONSTRUCTION Y Y 422 $1,698,000.00 R. HASSELL BUILDERS Y Y 365 $1,942,000.00 FOLLIS CONSTRUCTION Y Y 350 $2,164,718.00 e City of La Porte Pre-Qualified Contractors -- e Alliance Construction PO Box 7886 The Woodlands, TX 77387-7886 Phone: 281-367-0091 Fax: 281-367-0092 Hull & Hull Construction 2223 Kelley Houston, TX 77026 Phone: 713-699-2577 Fax: 713-699-2581 Comex Corporation PO Box 862 Deer Park, TX 77536 Phone: 281-479-2322 Fax: 281-479-2069 Jordan Construction 1509 Emerald Pkwy., Ste. 101 College Station, TX 77845 Phone: 979-696-0500 Fax: 979-696-4161 Commodore Construction 55 Lyerly, Suite 100 Houston, TX 77022 Phone: 713-694-9371 Fax: 713-694-0714 Moore & Moore General Contractors PO Box 1517 La Porte, TX 77572-1517 Phone: 281-471-0145 Fax: 281-471-0601 DT Construction PO Box 534 Humble, TX 77347-0534 Phone: 281-540-2411 Fax: 281-540-0174 Paisan Construction 6343 Skyline Houston, TX 77057 Phone: 713-974-3500 Fax: 713-974-1724 Durotech, Inc. 11931 Wickchester, Suite 300 Houston, TX 77043 Phone: 281-759-6328 Fax: 281-496-5637 R. Hassell Builders PO Box 690767 Houston, TX 77269-0767 Phone: 832-467-0013 Fax: 832-467-0035 Follis Construction III N. Broadway La Porte, TX 77571 Phone: 281-471-6881 Fax: 281-471-6038 R.T.G. Building Company PO Box 0753 Seabrook,TX 77586 Phone: 281-867-4094 Fax: 281-867-4096 Frost Constructors, Inc. 8810 Will Clayton Pkwy., Ste. C Humble, TX 77338 Phone: 281-446-6522 Fax: 281-446-0552 Stature Commercial Co., Inc. 2323 S. Shepherd, Ste. 1160 Houston, TX 77019 Phone: 713-521-9442 Fax: 713-521-9238 Gaskey Construction Corp. 11422 Craighead Houston, TX 77025 Phone: 713-349-0080 Fax: 713-349-0090 The Trevino Group 1616 W. 22nd St. Houston, TX 77008 Phone: 713-796-2560 Fax: 713-863-8522 e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 2 Department: Planning Source of Funds: N/A Requested By: Doug Kneuppe Account Number Amount Budgeted: Report: _Resolution: _Ordinance: ~ Amount Requested Exhibits: Budgeted Item: YES NO Ordinance Drainage Easement Dedication with Exhibit "A" and Exhibit "B" Summary and Recommendation This is in reference to the next phase of channel improvements in the F -101 watershed. Our Interlocal Agreement with Harris County Flood Control District provides for the City to acquire certain tracts of land and then grant the District the right to enter the property for construction and maintenance of drainage facilities. The City has recently acquired a 7. 16-acre tract of land necessary for the next phase of channel improvements in the F -101 watershed. This ordinance will authorize the City Manager to execute a "Drainage Easement Dedication" to the public. This easement grants Harris County Flood Control District the right to enter upon this property to construct and maintain the channel. This dedication is identical in nature to the easement we provided the District in June of 1999 for a previous phase of F-I0l improvements. Both the City Attorney and the Harris County Attorney have reviewed and approved this drainage easement dedication. Action Required by Council: Consider approving an ordinance authorizing the City Manager to execute and deliver the attached Drainage Easement Dedication from the City of La Porte to the Public. Approved for City Council A2enda ~~ ~ 1.1~~,,-- " ~ -- Robert T. Herrera, City Manager ~.,^a-ul Date e e ORDINANCE NO. 2001-Jif'7 /) AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A DRAINAGE EASEMENT DEDICATION FROM THE CITY OF LA PORTE TO THE PUBLIC; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECI1VE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council of the City of La Porte hereby authorizes the execution of a "Drainage Easement Dedication" to the public, in form attached hereto as Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes. The execution and delivery of said "Drainage Easement Dedication" is a part of an agreement between the City of La Porte and the Harris County Flood Control District. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. 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, e ORDINANCE NO. 2001- 9.4'7 D e considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3 This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, thid6 ~ay of pe<6' /i1 'y, 2001. " // ~LAPORTE By:_;:r! ~, ~ orman L. Malone Mayor ATTEST: ~Mh<, (lJtau; Martha A. Gillett City Secretary A~P D: '_81 ox W. Askins City Attorney ,e e \ Ha"r'ris Ct'JUl1ty Beve~ly B. Kaufman County Cle"rk 03/14/01 201462706 U927918 $19.00 "" ~ '" /' "{,,Exhibit "A" to Ordinance ItO 1- 6l '-+1 D / " age 1 of 2 I~ ~ IJl ~ ~ I~ I N 'fI1 I CO \~ ~ \ e DRMNAGEEASEMENTDEillCATION 03/14/01 201462706 U927918 $19.00 STATE OF TEXAS ~ ~ ~ COUNTY OF HARRIS That CITY OF LA PORTE, a municipal corporation (hereinafter termed "City") by these presents does hereby dedicate unto the public, a perpetual permanent easement and right of way for drainage and flood control purposes, together with the right to construct, reconstruct, maintain and operate a drainage course in, upon, along, across and beneath the following described property: ~1D ~ fJ~ ilJU pU~ Tracts of land more particularly being described on Exhibits A and B attached hereto, incorporated by reference herein, and made a part hereof for descriptive purposes (the "Property"). This easement may be used by the public only for the purposes stated in this instrument. City, its successors and assigns, retain all other rights of use over the easement area, provided that such rights do not interfere with the use of the property for drainage and flood control purposes. The City retains the rights to utilize the right-of-way for other purposes such as, but not limited to, landscaping, pedestrian/equestrian trails, hike and bike trails, and utility installations, which rights shall be subordinate to the Public's right to use the right-of-way for drainage and flood control purposes. The City shall be responsible for maintaining these "other purpose" items. No facilities shall be constructed on the Property until the plans and specifications thereof are approved in advance by the Harris County Flood Control District. Anything herein to the contrary notwithstanding, this conveyance is made subject to all easements, leases, agreements or licenses which affect the Property hereby dedicated and any matter which would be disclosed by title examination, survey, investigation, or inquiry. Said reservations specifically include the reservations by Grantor of its right to retain ,rentals and the rights to terminate any leases or pipelines (other than public utility pipelines) that cross over the property dedicated herein and continue on to appurtenant City Property. Any relocation of said leases or pipelines necessitated by the cQflStru.c.tionofpublic drainage improvements shall not be at City's expense. ,:R f " _,~,_J I C1. ~'1AR 2 0 2001 i " 1 ..ii.o.~,.-,_,..;...."",,"..,._.-._ _.....,.,....................J ,- / / 1/' ~ ,., i:l ~ I N rM I ~ m IJl 'Exlubit "A" to Ordinance Page 2 of2 10I-~L/'10 e IN TESTIMONY WHEREOF, this instrument is executed effective as of the J <ed- day of p.f:.,8, , 2001. 1'-- CITY OF LA PORTE CX~ r- l~ Robert T. Herrera, City Manager ATTEST: l BY:~()Ajj,~ 0.111 /I.U Martha Gillett, City Secretary ~ r-:. ::c y\ ~ C""l #;;~ J;lJ'< o "'", ~.. :::0 ,;/~ '!;~:~ r =~ 'g (.;~\ ~ '.-\;x; <:::),- ;.,,~ ~ >< :x ~ \ -n - r- s rn o '-P. o ....0 THE STATE OF TEXAS ~ ~ COUNTY OF HARRIS' ~ Tl)is instrument w ~~ , 2001, by La Porte, Texas. acknowled ed before me on the )2., '/Iv day of r (". r....as City Manager of the City of l~"':'~' CRYSTAl N. SCOTT r': rl MY COMMISSION EXP'PlES .~ .'.?' .."".... 2, ""^-' ". ....~. ...".... ,'IN't ,,~.~i.' AFTER RECORDING RETURN TO: City of La Porte Attn: City Secretary P.O. Box 1115 La Porte, Texas 77572-1115 2 / I co ~ ; ~ I N ~~ I 1:1) if) ~n e Exhibit "A" to Drainage Easement Dedication e ENOCH BRANSON SURVEY ABSTRACT NO.5 7.160 ACRES PAGE lOF3 State of Texas ~ County of Harris ~ Being a 7.160 acres (311,903 square feet) tract of land located in the Enoch Branson Survey, Abstract No.5, Harris County, Texas, said 7.160 acre parcel being partially out of the second of two tracts of land described in deed to Charles C. Hinds dated March 7, 1990 and recorded under Harris County Clerk's File (HCCF) No. M550730 of the Official Public Records ofRea1 Property of Harris County, Texas (OPRRPHCT), being part of Outlots 286 and 295 and all of Outlot 294 of the LaPorte Outlots, a subdivision recorded by plat in Volume 61, Page 374 of the Harris County Deed Records (HCDR); said 7.160 acre parcel furthermore being partially out of Outlots 306 and a portion of Outlot 295 of said LaPorte Outlots, which is all of a called 7. 1613 acre tract described in deed dated February 17, 1982 to Charles C. Hinds and recorded under HCCFNo. H346433 of said OPRRPHCT; and furthermore said 7.160 acre parcel being partially out of and a part of Outlot 315 of said LaPorte Outlots as described in deed dated April 11 , 1995 to Charles C. Hinds and recorded under HCCF No. R351137 of said OPRRPHCT. Said 7.160 acre tract is more particularly described by metes and bounds as follows: j) (Bearings shown hereon are based upon the Texas State Plane Coordinate System, South Central Zone, utilizing City of La Porte Monument No.'s H15-01, HI4-01, EI4-01, and EI5-01, which are based upon the USC & GS North American Datum of 1927.) BEGINNING at a 5/8-inch iron rod set for the northwest comer of the aforementioned Outlot 294, same being the northeast comer of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip described in deed dated March 16, 1966 and recorded in Volume 6360, Page 34 of said HCDR, and also being on the south line of a 30 foot wide HCFCD fee strip described in deed dated March 28, 1966 and recorded in Volume 6488, Page 107 of said HCDR; THENCE, North 87 degrees 09 minutes 48 seconds East, along said south line of the 30 foot wide HCFCD fee strip and the north line of said Outlot 294, a distance of 335 .96 feet to a 5/8-inch iron rod set for the common comer of Outlots 294, 295, 306, and 307; THENCE, North 03 degrees 01 minute 53 seconds West, with the common line of said Outlots 306 and 307, at a distance of 30.00 feet passing the northeast comer of said 30 foot wide HCFCD fee strip, same being the southeast comer of that certain tract of land conveyed to Glenn Doyle Goodman, et ux., by deed dated July 20, 1981 and recorded under HCCP No. H093593 and HCCF No. H069618 of said OPRRPHCT, and from which a 5/8-inch iron rod found bears South 19 degree 10 minutes West, a distance of 0.34 feet, at a distance of 470.01 feet passing a 5/8-inch iron rod set for the common comer of Outlots 306, 307, 314, and 315, and continuing along the common line of Outlots 314 and 315 for a total distance of 900.01 feet to a 5/8-inch iron rod set for the northwest comer of the aforementioned Outlot 315, said comer being on the south right-of- way line of North oP" Street (80 feet wide), said iron rod also being the northeast comer of Outlot 314 and that certain tract of land conveyed to Glenn Doyle Goodman, et ux., by deed dated April , /' / /" CT1 ~ ; ~ I N ~ I CO M I.n e Exhibit "A" to Dminage Easement Dedication e ENOCH BRANSON SURVEY ABSTRACT NO.5 7.160 ACRES PAGE 2 OF 3 24, 1971 and recorded in Volume 8397, Page 498 and Volume 8448, Page 23 of said HCDR, and from which a 112-inch iron rod found bears North 03 degrees 01 minute West, a distance of 0.41 feet. " THENCE, North 86 degrees 59 minutes 20 seconds East, along said south right-of-way line of North "P" Street, a distance of 150.00 feet to a 5/8-inch iron rod set for comer; THENCE, South 03 degrees 01 minute 53 seconds East, departing said south right-of-way line at a distance of 430.00 feet passing a 5/8-inch iron rod set on the common line of Outlpts 315 and 306, in all a total distance of 797.90 feet to a 5/8-inch iron rod set for comer; THENCE, North 81 degrees 16 minutes 20 seconds East, continuing across said Outlot 306, a distance of 176.73 feet to a 5/8-inch iron rod set for comer on the common line of Outlots 306 and 305, said Outlot 305 having been conveyed to Eugene R. Ybarra and Antonio Matta by deed dated March 8, 1973, and recorded under HCCF No. D832504 of said OPRRPHCT; , THENCE, South 03 degrees 00 minutes 09 seconds East, with the common line of Outlots 306 and 305, at a distance of 89.70 feet passing a 112-inch iron rod found for the northwest comer of a 30 foot wide Harris County Flood Control District (HCFCD) fee strip (called 0.449 acre) described in deed dated November 22, 1965 and recorded in Volume 6291, Page 64 of said HCDR, and continuing for a total distance of 119.70 feet to a 5/8-inch iron rod set for the common comer of Outlots 306 and 305, same being the southwest comer of said 30 foot wide HCFCD fee strip, and also being on the common north line of Outlot 296 and a called 2.32 acre tract conveyed to Emesto Gomez, et ux., by deed dated November 4, 1985, and recorded under HCCF No. K274921 of said OPRRPHCT; THENCE, South 86 degrees 59 minutes 10 seconds West, along the north line of said Outlot 296, a,distance of 2.02 feet to a 5/8-inch iron rod set for the common north corner of Outlots 296 and 295; THENCE, South 03 degrees 06 minutes 42 seconds East, along the common line of said Outlots 296 and 295, at a distance of 30.44 feet passing a 5/8-inch iron rod found, and continuing for a total distance of 51,35 feet to a 5/8-inch iron rod set for corner; THENCE, South 81 degrees 16 minutes 20 seconds West, across said Outlot 295, a distance of 176.80 feet to a 5/8-inch iron rod set for corner, being on the common line of the aforementioned 7.1613 acre tract; THENCE, South 03 degrees 01 minute 09 seconds East, departing said common line and with a west line of said called 7.1613 acre tract, passing at a distlnce of 30.29 feet a 5/8-inch iron rod found and continuing for a total distance of 830.74 feet to a 5/8-inch iron rod set for corner on the north right-of-way line of North "L" Street (80 feet wide), and from which a found S/8-inch iron rod bears South 03 degrees 08 minutes East, a distance of 0.79 feet; I ~ N I~ ~ I N ri I- ce M ~n e Exhibit "A" to Drainage Easement Dedication e ENOCH BRANSON SURVEY ABSTRACT NO.5 7.160 ACRES PAGE 3 OF 3 THENCE, South 86 degrees 51 minutes 41 seconds West, along said north right-of-way line of North "L" Street, a distance of '130.00 feet to a 5/8-inch iron rod set for comer; THENCE, North 03 degrees 01 minute 09 seconds West, departing said north right-of-way line and crossing said Outlots 286 and 295, a distance of 818.02 feet to a 5/8-inch iron rod set for comer; THENCE, South 81 degrees 16 minutes 20 seconds West, a distance of 18.70 feet to a 5/8-inch iron rod set for comer; THENCE, South 86 degrees 57 minutes 42 seconds West, a distance of 335.29 feet to a 5/8-inch iron rod set for comer on the common line of Outlots 293 and 294, said Outlot 293 and Outlot 288 having been conveyed to Paul D. Covington, et ux., by deed dated March 30, 1976 and recorded under HCCF No. E725561 of said OPRRPHCT; THENCE, North 03 degrees 00 minutes 42 seconds West, along said common line, a distance of 85.00 feet to the POINT OF BEGINNING, and containing 7.160 acres (311,903 square feet) of land, of which 0.678 acre (29,553 square feet) of land lies within an existing HCFCD drainage easement recorded in Volume 6597, Page 584 of said HCDR. This description is based on a Land Title Survey and Plat by J. Patrick Going, Registered Professional Land Surveyor, License Number 4477, completed November 10, 1997, and is on file in the office of Baseline Corporation, Job No. 86.051.25. REVISED: January 31,2001 November 10, 1997 WSG:RLD:bgb Job No. 86.051.25 File: BLACAD\86051 \8605125\M&B-DES l ; : . v .' I 13' f 13' s~ s~ I ' 10427 ! / / . I NORTH P STREET 313D 314 31411 314. 3141: 316 317/\ 317 318 ~ 31~ !I I' =, I1&GI! - 013-137-000-0316 3218 N;. . III. 1lII"~ 'iiiwtIcl - , i~ . ... . ~ ; ~ J i ~ N.T.S.~ "Ii a ; co a ~ DRAINAGE EASEMENT DEDICATION a~ ~ ! ~ ;& .. ~ & ~ 7.16 ACRES ~&i ..; , .. --- ---- --- ~ 308. 307. 307 ~ 302 i~ r:. !i I ~!CORDE~S 11,EMORANDUM AT THE TIME , y: Ri:CORDATiON THIS 30l WiSTRUMENT i'}~.<.:~":ji\!O TO BE'INADE rL ATE' :OR TH':: ,;,','" C t.',,'J !'_.): v]Rf,PHIC REPROC ECAUS::,Of I u TlO HeTO COpy L~GIl1IL1TY, CARBON OR 'f~~ , 1,;;,C0LOREG PAPER, Ere, N' H.e.F .e.D. H.e.F,e.D. ~C 296. 30' H.CF.c.D. ESMT. I 297J ~, I 19 18 17 16 15 14 13 12 ~ ~, 11623 I I 1ID-l37-tll>>-m7 I 2.321JO I\C I N I I ~~ I 1!961\ I 297" 29711 023-137___ 19 18 17 16 16 15 14 13 12 ,~ 17.lJ623 I\C I i~ I ; ~ , ~~ ~, , US21 I I 1ID-l37-eoo-o:lA I r:. .. I 20 21 e2 23 24 25 26 2 \~I~ 11627 - .. .. .. _137_ & ~ i ~ , , H.C.C.f. NO. M550730 OPRRPHCT I 1 lJ) I I I 296C I 297C -r-- ----~-------~-------- 19 18 17 16 15 14 13 12 , .. ...= "I ~ leB7 eB71I 2I6A I 2851\ l!84. !, , :s: I '" I t ~ -1--, u..;- - - - -- 2021 22 l!3 24 25 2E 27 I mtI 2B5C 285. Il!&4C I ~, I .J '!'.! ~ I a. .& ai I ' a. Ell I ;~ i~ i ~ I 284[ : 284" -- I ---~ I 2/HD 286A-l I 28781 I I I 19 18 17 16 15 14 13 12 1 '2i7A I rii 8 ~ i I I' 1'1 !, , I = ! & ~ ~, !~ I I I 20 21 22 23 24 25 26 2 , I I I I ,I, I NORTH L STREET OWNER: CITY OF LA PORTE 273/\ 274 274. 22 1901! 1 1'J01 276D 2761 2771'r-l! 274" - -- 27611 21 2 EXHIBIT "B" :..at -- I! eo 3 1 .1:: TO DRAINAGE ESMT. DEDICATION ,I: '-oaeo .:.ooG3 ~ ~q 19 1". 4 2761; I: b ~~ -oat, - ;~ l~ =5 ~ w CLP PROJECT NO.: 86-4302 18 z 5 :.ooaa < --- FIOl CHANNEL IMPROVEMENTS ,~ ..J .'i' ~ !!::! 5~ !& , Ii! 2778 I~ < 6 iN 17 ~ -11017 ~ -- , I. e N N I ~ I N ~ I co ,~ ~n AU '~O'IS" Nl~lll 'II(. ~lSI~tll rNl SAU. ftlITll. O~ US[ Of IH! mCRlI!lO Rill 'lIO'UllliCllISf Of CCUltR ~ACII'UlllID UIlIFOICUIU UIOUFtlERAWr, THE STATE OF TEXAS COUNTY OF HAAfllS II""., ClrtIy IIIl fliI ills"'.... II' flU it Fie H.IIl<< s...IIC.1A fit O'WlllIe... I."""H Ir II:'" 'II hit RICORlU, ~ fit Olllill'.1c ~lClI"'fR'"'''''1l111 HIIllI C'.IlIl. ltuI .. e MAR 1 ~ 2001 4.;q'~~~/ COUNTY CLERK HARRIS COUNTY, TEXAS e e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Report: _Resolution: _Ordinance:-L Appropriation N/A Agenda Date Requested: 26 2001 Source of Funds: Requested By: Account Number: Department: Amount Budgeted: Amount Requested: Exhibits: Budgeted Item: _YES _NO . 2 Ordinances . Standard Industrial District Agreement SUMMARY & RECOMMENDATION The City and Industry have agreed to renew the provisions of the Industrial District Agreement for another seven- year period. The current agreements expired December 31,2000. The City mailed 61 Industrial District Agreements in March 2000. Currently, because of splits, mergers, sales, name changes, etc., the number of agreements to track is reduced from 61 to 58. To date, we have approved 51 agreements. The total agreements approved after tonight's action will be 53. Both industries have returned executed agreements complete with Exhibits A, B, and C. The remaining agreements will be presented to City Council as City staff receives them. Staff recommends City Council authorize the execution ofIndustrial District Agreements with the following industries: . Southern lonics Incorporated . Air Liquide America Corporation Action Required bv Council: Consider approval of Ordinances 2000-IDA-55 and 2000-IDA-56 authorizing the execution by the City of La Porte of Industrial District Agreements listed above. Approved for City Council Al!enda (fi~ \. "~ Robert T. Herrera, City Manager a. ~o.O\ Date . . ORDINANCE NO. 2000-IDA-55 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH SOUTHERN IONICS INCORPORATED, FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; 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: section 1. SOUTHERN IONICS INCORPORATED has executed an industrial district agreement with the city of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, 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, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, 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 ci ty 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. e e PASSED AND APPROVED, this 26th day of February, 2001. ATTEST: ~l:thvak1d Martha A. Gillett City Secretary AP~ 2{/~ Knox W. ASkins, City Attorney CITY OF LA PORTE By: N~ ~~ Mayor 2 ~ AIR uaUIDE j e r- WD ~~ ,t,Jl,_ ~f.,Pr,.',l,.! 'I II i: ! . .1 FII- 8 20CI I ~ J ; 1 ; ASST. CITY MANAGER"" I OFFICE I 01 February 5, 2001 Mr. John Joerns City of La Porte P.O. Box 1115 La Porte, Texas 77571 Attn: Crystal Scott Dear Mr. Joerns, SUBJECT:AIR LIQUIDE'S INDUSTRIAL AGREEMENT Enclosed are two original copies of the Agreement between AIR LIQUIDE AMERICA CORPORATION and CITY OF LA PORTE. Thank you for your help regarding this matter. s;w~ Malcolm Taylor Senior Tax Agent Air Liquide e e City of La Porte Established 1892 November 1,2000 Southern Ionics Attn: Milton O. Sunbeck, President 12901 Bay Park Road Pasadena, Texas 77507 Re: Industrial District Agreement (IDA) Series 2001-2007 Dear Mr. Sunbeck: Two executed originals of the Industrial District Agreement (IDA) were received from you on October 30, 2000. We have noted that you are in the process of obtaining a plat of the property. Please send us (2) copies no later than November 15,2000. Once we receive these exhibits we will present these documents to City Council for approval and we will return an original set to you. If you have any questions or concerns regarding this matter call John Joerns at (281) 471- 5020. Thank you for your cooperation in this matter. Sincerely, cY<~ T. t\~ Robert T. Herrera City Manager P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e r= '~--_._'--..., TDJ, ~ @ ~ D '(If ~ I~; lnJ l OCT 3 0 /mJ p: , I ASST. CITY MANAGER ~ I I ni:r:'rc 4) '~.: . ;'....L I N D September 25, 2000 City of La Porte Attn: Kathy Powell 604 West Fairmont Pkwy. La Porte, Texas 77571 Re: Industrial District Agreement Dear Ms. Powell: Please find enclosed two signed originals of the Industrial District Agreement. We have enclosed Exhibit "A" for the new meets and bounds description. However, the Plat Exhibit "BOO will be submitted at a later date. Please execute and return a signed copy of this agreement. Sincerely, ~>1l Milton O. Sundbeck President, Southern Ionics Incorporated MOS:pag @) 12901 Bay Park Road. Pasadena. TX 77507 . 281/474-4826 . 281/474-4973 fax . www.soulhernionics.com r ' e e NO. 2000-IDA-22-. { { STATE OF TEXAS { { COUNTY OF HARRIS { , INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporat~on ~f aarris county, Texas, hereinafter called "CITY", and southern Ionics Incorporated , a Mississippi corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREA~, it is the established policy of the city council of the city of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this city council as being in the best interest of the city and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterri torial jurisdiction' as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as section 42.044, Texas Local Government Code; a~d WHEREAS, Company is the owner of land wi thin a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit liB", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the city of La, Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant .to Ordinance adopted by the city Council of said city and recorded :in the official minutes of said city: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City'referred to above, city and Company hereby agree with each other as follows: ' FINAL DRAFT: February 24, 2000 , , . e e 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, any portion of Land constituting a strip of land 100 I 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; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full city ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appr~ise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by city, at city's expense, by an independent appraiser of ci ty I S selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessi ty appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 e e, Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem ~ax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide city with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties. which the Company must render and upon which the i'in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and II in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of' taxes" on Company's Property as of January 1st of the current calendar year ( "Value, Year"). D. Company agrees to render to Ci't:y and pay an amount "in lieu of taxes" on Company' s Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) 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, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Subs,tantiallncrease in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, 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%) of the amount of ad valorem taxes which would be payable to city if all of said new construction had been within the corporate limits of City and appraised by City'S independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to city on all of the company's tangible personal property of. every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of City and appraised each year by the city's independent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of City' s ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, unless extended for an ~dditional period or periods of time upon mutual consent of Company' and ci ty 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, 2007, the agreement of city not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the state of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewith after the annexation of such land, Company will waive the right to require City to comply with any such a4ditional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between city and Company and/ or its assigns even though it is not extended by agreement between city and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to City on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions ,'plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company' s hereinabove described property which would be due to city in accordance with the 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to city of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by city pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the ci ty of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to be the market value of company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by 'City, the parties have not reached agreement as to such market value, the parties agree to submi tthe 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 term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/ or submitted to city by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by city, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e, expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas Civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors, and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. ' IX. If City enters into an Agreement with any other landowner wit,h respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the" event anyone or more words, phrases, 'clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence; paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. ATTEST: ~!l(Hi~O,~ Cl.ty Secretary APCi: . _/ . 1 ~w: ~~ Knox W. Askins " City Attorney c~ty of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 By: By: By: ~~T, ~ Robert T. Herrera city Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 OCT-25-2000 11:22 ~OUTHERN IONICS e 601 495 2590 P.03/03 EXH,BIT "A" FIEl.D NOTE DESCRIPTION OF A 53.5711 ACRE OR 2,333.557 SCUARE FEET TRACT OF LAND SITUATED IN THE GeORGE 8, MCKJNSTRY LEAGUE, ABSTRACT 47, HARRIS COUNTY, TEXAS, AHO BEJNG ~E SAME TRACT DESCRIBED AS 10.1'2 ACRU OF LAND CONVEYED TO QUAK ER OATS CHEMICAlS, INC. PER THE DEED RECORDEO UNOER FIL.E NUMBER H 408373. FIL.M CODE NUMBER 01'.'7-Z%4O OF THE HAARIS COUNTY CFFlC1AL PUBUC RECOROS OF REAL PROPERTY (H.C.O.P,R.R.P.) lAID 13.5711 ACRE TRACT 8EING MOR! PARTICUlARl.Y DESCRIBED BY METES AND BOUNOS AS fOLLOWS WITH ALL BEARINGS REFERENCED TO THE TEXA:S COORDINATE SYSTEM, SOUTH CENTRAL lONI: COMMENCING, for Nt.rene. at th. InttlHCtton of the Hlmt County Flood Control IU1 rtght-of-wlY 11M tor Big lIC1nd !to~gh (2'0.00 fHt wide) u rec:arded In YOlume 1210, PIlI' 12~ of ttM "'arrts COUflty Deed Record. (H.e.DJt.) wtttt the notth r1Oftt~f-wllY line of PlpeU", Corridor 30 (100.00 r. wtde); ntENCE, N OZO 2.' 31" W. 101.00 reet along Aid tat rtght-of-wI' tine of BI9 1.land Slough to . 112 tnch Iron rod round ror Ute POINT OF 81QINMNG of 1ht ",,..n d"~ribed trI~: THENCE. N 02" U' ~1" W, .,roB feet alonl a JIM common to HJd 13.1711 te"' bUt and saJd tat rtgM-of..-,riy line of lit 1...1Id Slough to I COppItwtlcl (C.W.) ",d stamped 212. found for an ...,.. potnt 01 saki eat rtgtlt..of..way II....; THENCE, N )40 5.' "If W. 40.21 tMt contlnu'ng ..ong ...,d common IIn. to I $11 Inch Iron rod found rortM molt northe", nCHth'IWSt comer of NIcI U.a711 a,,.. tncti THENCE. N'70 31' W Eo, 1I1U7 '_lJong the north line of Aid ~.S7111Ct1 tnlct CO. point far 11M nortMait eomer of NIcS '~.1711 .crt trICI. from wtlklt a found (dlsturtMd) C.W. rod IlamfMd 2127 bIN'" H 1.. oa' 01- E, 0.12 'Nt, Mid point betng In .... wtSI r1ght..of-wl, II.,. of lay P. Road (100.00 r..t wtdt) It l'Ka~.d unde, Flit Number E 711339. Film Code Number 131-02-10tl 01 the H.C.O.P .R.II.'.; THENCE. S 020 21' 5'" E. 1~7'.25 f1Mt "0", . 11M common to Mid 1O.7'Z leN trlct and Mid MIf right-of-way 11M of e.y Parte RoMf, to 1 C.W. rod stlmpM 28zt found for the 1Ct~ come, of &lid 1I3.17111CJW tract and being In the north rtght~f.wlY line of. ...UI"08Ct ....ment (10.00 '"' wid_). 1-.0 befng In tIM south line of _ dralMge ..,ement (40.00 fMt wtde) II rKOrOtd unde, File Number E 233742, Film Code Number 101-12-107', of tM H.C.O.P.R.R.P.; THENCE. S 870 31' 40" Wi along I tin' tommon to .ald 13.5711 lert lra~ the narth rIt"C-<,f.way line of said railroad '-","'m. Ind th. south 11M of ,aId d,.tnage .ue.".nt I dlsUnc. of 1209.34 "'t to I point ror corner; THENCE, N 0:0 24' 31" W, ,croll saId tract, distance of 558.00 fMt ro I point tor COrMt: THENCE, S aTo 31' 40'" W, I dJs1ance of 511.00 r..t to the POINT OF BEGINNING at 1M ",..In d..cribed net and contlln'n; with'n these call. 1.3.5711 leN. or 2.333.sat .qul,. 'Nt of land. TOTAL P. 03 e e "BXHIBIT 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.) ... e e "EXHIBIT e" Page 1 ot 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. 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 II A II which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the' following provisions: ' . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the fOllowing techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vege'tation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3: 1 side' slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. e e "EXHIBIT e" Page 2 of 2 c) A screening plan, to be approved by the ci ty , that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided., however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company' shall 'meet with city to determine a sui table landscaping alternative. 3. 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. Driveways opening from said strip of land onto Fairmont Parkway shall be subj ect to the rules and regulations of Harris county and provisions of the city's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration' lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris county and city. ,'. e e City of La Porte Established 1892 January 12,2001 Southern Ionics Attn: Milton O. Sunbeck, President 12901 Bay Park Road Pasadena, Texas 77507 Re: Industrial District Agreement (IDA) Series 2001-2007 Dear Mr. Sunbeck: Two executed originals of the Industrial District Agreement (IDA) were received from you on October 30,2000. In a ietter dated September 25, you informed us you were in the process of obtaining a plat of the property for use as Exhibit "B". To date, we have not received this plat. Therefore, we have been unable to present these documents to City Council for approval. Please be advised the previous IDA expired on December 31,2000. This agreement must be executed in order for the City to continue to provide water service to your company. Please send us 2 copies as soon as possible. Once this exhibit is received, we will present these documents to City Council for approval and return an original set to you. If you have any questions or concerns regarding this matter call me at (281) 471-5020. Thank you in advance for your cooperation in this matter. FO, Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020 e e ORDINANCE NO. 2000-IDA-56 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH AIR LIQUIDE AMERICA CORPORATION, FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; 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: section 1. AIR LIQUIDE AMERICA CORPORATION has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, 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, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, 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. e e PASSED AND APPROVED, this 26th day of February, 2001. By: CITY OF LA PORTE ~#" ~ Norman L. alone, Mayor ATTEST: ~~ (j, 11AJ/.W M rt a A. Gillett City Secretary APPR9.vED: ~i~ City Attorney 2 FEB-02-2001 FRI 03:52 PM ~ FAX NO. e .- I I P, 02 " . I NO. 2000-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRIS { ~NDUSTRIAL DISTR1CT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris county, Texas, hereinafter called "CITY" ,and AI'''' L/qu.,'d e IJm{!, rit.a Ct,)r~o lNlf-i 0 h ,a D~/(]IIAJOk-e- corporation, hereinafter caIled "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the city council of the City of La porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the city and its environs by attracting the location of new and the expansion of e>:isting industries therein, and such policy is hereby reaffirmed and adopted by this city council as being 'in the best interest of the city and its citizens; and WHEREAS, pursuant to its policy, city has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called IIDistrictll, such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land wi thin a designated Industrial District of the city of La Porte, said land being legally described on the attached Exhibit nA" (hereinafter ULand") ; and said Land being mare particularly shown on a plat attached as Exhibit nBn, which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previouslY annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with company pursuant to Ordinance adopted by the city council of said city and recorded in the official minutes of said city: ' NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of city 'referred to above, city and Company hereby agree with each other as follows: F~NAL DRAFT: February 24, 2000 e-. . I FAX NO. tit 1". P. 03 r~c-U~-~UUl r~l Uj;~j rn 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 Landt or a portion or portions thereof, as an industrial district lllay 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, any portion of Land constituting a strip of land 100 I 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 "CIl and made a part hereof ; and provided, however, 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, r,ules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by city, Company agrees to render and pay full Ci1:y ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislaturet Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at city's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for II in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 FEB-02-2001 FRI 03:53 PM ~, FAX NO, e l"'" , p, 04 Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the il1Ul1ediately preceding January 1st, stating its opinion of the Property's market value, and being sworn.to by an authorized officer of the Company authorized to do so, or company's duly authorized agent, (the company's "Rendition"). Company may file such Rendition on a Harris county Appraisal District rendition form, or similar form. The properties. which the company must render and upon which the "in lieu of" taxes are assessed are lnore fully described in subsections 1, 2, and 3 of subsection 0, of this Paragraph III (sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exem.pt 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 II in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to city a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further qiving a description of ~uch products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 3'lst thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . P. Company agrees to render to City and pay an amount "in lieu of t'axes" on Company's Land, illlprovements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) 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, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding am.ounts payable pursuant to subparagraph 2, below), had been within the corporate limits of city and appraised 3 FEB-02-2001 FRI 03:54 PM e-. , \ FAX NO. e r' P. 05 each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, 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%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of city and appraised by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: (b) i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (C) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed froll1 the calculation' under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to city on all of the Company's tangible personal property of every description, located in an industrial district of city, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of city and appraised each year by the City's independent appraiser, 4 .. e-, FAX NO. e /....., < , P, 08 rtO-U~-~UUl ~~l Uj;o4 ~n in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1, 2 and 3 reduced by the amount of city's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris county Appraisal District. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, 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, 2007, the agreement of city not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the state of Texas which imposes greater restrictions on the right of city to annex land belonging to Company or imposes further obligations on city in connection therewith after the annexation of such land, Company will waive the right to require city to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between ci ty and Company and/ or its assigns even though it is not extended by" agreement between city and all of the owners of all land within the District of which it is a part. VI. A. In the event company elects to protest the valuation for tax purposes set on its said properties by city or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by company, company agrees to pay to city on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorein taxes on the annexed portions, 'plus (b) the total amount of the II in lieu of taxes" on the unannexed portions of Company' s hereinabove described property which would be due to City in accordance wi th the 5 FEB-02-2001 FRI 03:54 PM ~ I . FAX NO. e P. 07 t-', foregoing provisions of this Agreement on the basis of renditions which shall be filed by company. When the city or Harris county Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree ~ith any appraisal made by the independent appraiser selected by city pursuant to Article II above (which shall be given in writing to company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of company I s property for "in lieu" purposes hereunder. If, after the expiration of thirty PO) 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 term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company 15 valuations rendered and! or submitted to city by company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, 'Whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by city, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the U.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu." payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including o FEB-02-2001 FRI 03:55 PM ~ FAX NO. . P. 08 1-'" I . expert op~n~on, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to jUdicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. city shall be enti~led to a tax lien on Company'~ 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 ~hich shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give city written notice within ninety (90) days, ~ith full particulars as'to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If city enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. x. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are laWful, reasonable, appropriate, and not unduly restrictive of Company's business activities. Without such agreement neither party hereto would enter into this Agreement. In the'event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 FEB-02-2001 FRI 03:55 PM ~ FAX NO. e (.-.... P. 09 corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. By: ATTEST: 1!Jpl/!J~/!~ )1!4fi By: nox W. Askins City Attorney city of La Porte P.O. Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 By: G~ II \~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 FEB-02-2001 FRI 03:55 PM e .~, FAX NO, e p, 10 ",.--,\ --' "EXHIBIT AU (Metes and Bounds Description of Land) I ' e e METES AND BOUNDS 22.957 acres of land, located in the Richard Pearsall 1/3 League, Abstract 625, Harris County, Texas, said 22.9757 acres being part of the 154.145 acre tract sold to Big Three Industries, Inc. by General Warranty Deed, dated February 15, 1973, recorded in File No. D806510, Film Code No. 157-29-0284, Official Public Records, Harris County, Texas, and being more particularly described by metes and bounds as follows: ';i BEGINNING at a 5/8 inch iron rod found for the Northwest corner of the herein described tract in the East line of Exxon pipeline corridor No. 520, being located South 00 deg. 46 min. 11 sec. East a distance of 472.02 feet from a copperweld found at the intersection of the East line of Exxon corridor with the South line of Fairmont Parkway; THENCE North 86 deg. 52 min. 45 sec. East a distance of 594.0 feet to a 5/8 inch iron rod found for the Northeast corner of the herein described tract; THENCE South 00 deg. 46 min. 11 sec. East a distance of 1687.75 feet to a 5/8 inch iron rod set for the Southeast corner of herein described tract in the North line of H. L. & P. Co. 120 foot wide right-of-way; THENCE South 87 deg. 25 min. 15 sec. West along and with the north line of H. L. & P. Co. right-of-way, a distance of 593.80 feet to a copperweld found for the Southwest corner of the herein described tract in the East line of Exxon corridor No. 520; THENCE North 00 deg. 46 min. 11 sec. West along and with the East line of said Exxon corridor, a distance of 1682.13 feet to the PLACE OF BEGINNING and containing 22.957 acres of land (1,000,011.41 square feet). %-,....'?,~ 1e;:;;i. Ouellette Registered Public Surveyor No. 4589 Date: December 12, 1988 , .<'C. OF, -,./:'" ~ It... '\ 0_130(>0" .(~: L. .e'~ , A,':" 0 ~ 'o:~~? ~l.. c.? oi,',I'7 "'s> "'.I .- -?~:{ -ft' ~ '..1 .,~ 0 P' ''0\ . -Ci~\' ~o . ,... o 0 TEP:RY t.: oiii:"LLETTE 0 . ~. ... e.". (I.. Cl/If.;n0~J')c.~'. ~ :.~~. ... l'ivv' e r.,.. .-o'....~ ~q..o. (/ t> "0':0 j I-;:Tf.'i"~ ,;.<.:~\, <:JI .';'."o"~,I(> .~. ~ ..... Ie ~ l )''-'' ~, -p ~1. .,... ~ FEB-02-2001 FRI 03:55 PM e FAX NO, e .-.., f\ tlEXlIIs:i:'1' Bn (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.) p, 11 FEB-02-2001 FRI 03:56 PM e .-., FAX NO, e. p, 12 r, '. . "EXHIBIT en Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land described in Exhibit "A" which is adjacent to Fairmont parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. t Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback tor sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. . b) The use of earthen berms with approximately 3: 1 side slopes, SO' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. FEB-02-2001 FRI 03:56 PM e ,..-.." FAX NO, e p, 13 'I . I.... . . i -..... "EXllIBIT elf Page 2 of 2 c) A screel'ling plan, to be approved by the city, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in pUblic utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 501 strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50 ' landscape easement is not available or practical, Company shall meet with city to determine a suitable landscaping alternative. 3. Driveways opening from said strip of land onto state Highway 225 or state Highway 146 shall be subject to the rules arid regulations of the Texas Department of Transportation and provis ions of the city' s Code of Ordinances, whichever is more restrictive. Dr i veways opening from said str ip of land onto Fairmont Parkway shall be subj ect to the rules and regulations of Harris County and provisions of the city's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the city and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris county and city. e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: February 242001 Requested By: Doug Kneuppe~ Department: Planning Source of Funds: N/A Account Number Amount Budgeted: Report: _Resolution: _ Ordinance: ~ Amount Requested Exhibits: Budgeted Item: YES NO Ordinances (phyto-Source and Chusei) Phyto-Source IDA (new) Chusei IDA (amendment) Summary and Recommendation Mr. Bill Sonnier with Chusei (U.S.A.) Inc. has requested the creation of a new Industrial District Agreement to cover a new joint venture called Phyto-Source LP. The new joint venture will be utilizing a three-acre site inside the existing Chusei site. At the same time, the existing Chusei agreement will be amended to remove the three acre site that will be covered under the new Phyto-Source agreement. Staff recommends approval of the new Industrial District Agreement with Phyto-Source and the amendment to Chusei' sexisting Industrial District Agreement. Action Required by Council: Consider approving ordinances authorizing the execution of a new Industrial District Agreement with Phyto-Source and amending the existing Industrial District Agreement with Chusei. Approved for City <::~~Dcil Agenda a.4 '\: "~ Robert T. Herrera, City Manager ~-~(),o\ Date e e ORDINANCE NO. 2000-IDA-57 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH PHYTO-SOURCE, L.P., FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; 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: Section 1. PHYTO-SOURCE, L.P. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, 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, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, 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. e e PASSED AND APPROVED, this 26th day of February, 2001. By: ATTEST: CVJh111'~&~t~ City Secretary CITY OF LA PORTE NorC:~~~ Mayor 2 e e NO. 2000-IDA-57 { { STATE OF TEXAS { { COUNTY OF HARRIS { INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and PHYTO-SOURCE, L. P., a Limited Partnership, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land wi thin a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desires to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said City and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of City referred to above, City and Company hereby agree with each other as follows: FINAL DRAFT: February 24, 2000 e e 1. 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, 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; and provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by city, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the unannexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the un annexed area shall be conducted by City, at City's expense, by an independent appraiser of ci ty' s selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 2 e e Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 2001, and on or before each April 15th thereafter, unless an extension is granted in accordance with the Texas Property Tax Code, through and including April 15, 2007, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District rendition form, or similar form. The properties. which the Company must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection 0, of this Paragraph III ( sometimes collectively called the "Property"); provided, however, pollution control equipment installed on the Land which is exempt from ad valorem taxation pursuant to the provisions of Sec. 11.31 of the Texas Property Tax Code is exempt from ad valorem taxation and "in lieu of taxes" hereunder. A failure by Company to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 2001, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2007, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year") . D. Company agrees to render to city and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. Fifty-three percent (53%) 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, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, (excluding amounts payable pursuant to subparagraph 2, below), had been within the corporate limits of City and appraised 3 e e each year by City's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 2000, 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%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of city and appraised by city's independent appraiser, in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 2000; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing Property values have depreciated below the Property value established on January 1, 2000, an amount equal to the amount of the depreciation will be removed from the calculation under this subparagraph 2 to restore the value to the January 1, 2000, value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to ci ty on all of the Company's tangible personal property of every description, located in an industrial district of City, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 2001, and each January 1 thereafter of the applicable Value Year during the term of this Agreement, had been within the corporate limits of city and appraised each year by the City's independent appraiser, 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. wi th 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. IV. This Agreement shall extend for a period beginning on the 1st day of January, 2001, and continuing thereafter until December 31, 2007, 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, 2007, the agreement of City not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the state of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on city in connection therewith after the annexation of such land, Company will waive the right to require city to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it is not extended by agreement between City and all of the owners of all land within the District of which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to city on or before the date therefor hereinabove provided, at least the total of (a) the total amount of ad valorem taxes on the annexed portions,~plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Company's hereinabove described property which would be due to ci ty in accordance with the 5 e e foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the city of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the city with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to City on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by City, and a third to be named by those two. In case of no agreement on this arbitrator in 10 days, the parties will join in a written request that the Chief Judge of the u.S. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution of the difference between the parties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including 6 e e expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties, subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171, "General Arbitration", Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on company's above described property, all improvements thereon, and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon ci ty and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give city written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and city agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, 7 e e corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 2001. PHYTO-SOURCE, L.P. by its General Par,ner Phyto-Venture, LL, " By: 12502 Bay Area Boulevard Pasadena, TX 77507 ATTEST: ~~a. ,(11J1Jj Cit Secretary By: CI~~ ~an' L. Malone Mayor (Z:)~r- Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 By: Q~ T. \-\~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471-2047 8 e EXHIBIT "A" e METES AND BOUNDS DESCRIPTION 3.000 ACRES (130,680 SQUARE FEET) Being 3.000 acres (130,680 square feet) of land situated in the George B. Mckinstry League, Abstract 47, Harris County, Texas. and being out of that certain 20.00 acre tract of land conveyed to Chusei (U.S.A.) Inc., by instrument recorded under File Number N291863 and Film Code 044-08-0907 of the Harris County Official Public Records of Real Property and out of that certain 22.72 acre tract of land conveyed to Chusei (U.S.A.) Inc., by instrument recorded under File Number Ul158l3 and Film Code 529- 52-3598 of the Harris County Official Public Records of Real Property: said 3.000 acres (130,680 square feet) of land being more particularly described by metes and bounds as follows (all bearings are referen~ed to the monumentedwest line of said 20.00 acre tract): COMMENCING at a 5/8 inch iron rod found for the northeast corner of said 22.72 acre tract, same being the northwest corner of said 20.00 acre tract and also being in the south line of that certain 80.972 acre tract of land conveyed to the City of La Porte, Texas, by instrument recorded under File Number M253982 and Film Code 152-78-2108 of the Harris County Official Public Records of Real Property; THENCE S 01'00'45" E 264.06 feet. with the east line of said 22.72 acre tract, same being the west line of said 20.00 acre tract, to a 5/8 inch iron rod with cap set for the PLACE OF BEGINNING and being in the north line of the herein described tract of land: THENCE N 79'51'37" E 298.85 feet to a 5/8 inch iron rod with cap aet for the northeast corner of this tract; T,HENCE S 10'08'23" E 230.00 feet to a 5/8 inch iron rod wiLh cap set for the southeast corner of this tract; THENCE S 79'51'37" W 568.17 feet, passing at 335.81 feet the east line of said 22.72 acre tract, same being the west line of said 20.00 acre tract, to a 5/8 inch iron rod with cap set for the southwest corner of this tract; THENCE N 10'08'23" W 230.00 feet to a 5/8 inch iron rod with cap set for the northwest corner of this tract; THENCE N 79'51'37" E 269.32 feet to the PLACE OF BEGINNING and containing 3.000 acres (130,680 square feet) of land. The area stated in acres is compatible with the allowable precision of closure for this survey. The area stated in square feet is a calculated value only. All 5/8 inch iron rods with caps set by this survey are marked "Texas Land Surveying". A plat of survey prepared under Texas Land Surveying. Inc. Job No. 194-006B accompanies this metes and bounds description. ~ -, ").,I.-? Jeffrey N. Heck Registered Professional Land Surveyor Texas Registration No. 4385 77 508 Job No. 2000 e e "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.) e e "EXHIBIT e" Page 1 of 2 RULES AND REGULATIONS Any portion of Land constituting a strip of land 100' wide and contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be subject to the following rules and regulations pertaining to new signage, screening, driveways and median crossovers. These rules and regulations shall apply after the effective date of this Agreement when Company develops or constructs improvements on vacant Land descr ibed in Exhibit" A" which is adjacent to Fairmont Parkway, state Highway 225, or state Highway 146. 1. Any sign erected in said 100' strip of land shall be subject to the following provisions: . One freestanding identification sign shall be permitted for each side of an industrial establishment that fronts on an improved public right-of-way. . Freestanding identification signs for single tenant buildings shall not exceed 150 square feet in area. . One freestanding identification sign for identifying multiple businesses is allowable at the intersection of improved public rights-of-way. . Freestanding identification signs for multiple businesses shall not exceed 350 square feet. . Freestanding identification signs shall not exceed 45 feet in height. . Minimum setback for sign construction shall be ten (10) feet from property lines. 2. When Land adjacent to said 100' strip is developed, the initial 50' of said strip beyond any existing pipeline easement contiguous to either Fairmont Parkway, state Highway 225, or state Highway 146 shall be screened by one of the following techniques: a) Leaving in place existing trees, vegetation, underbrush, etc. to provide a thorough and effective visual screening of the development. Existing trees shall, together with other vegetation and underbrush, create a continuous visual screen. b) The use of earthen berms with approximately 3: 1 side slopes, 50' wide at the base and 8' high. The berms may be landscaped with a combination of trees, shrubs, and ground cover. All berms and landscaping will be maintained by the property owners. e e "EXHIBIT e" Page 2 of 2 c) A screening plan, to be approved by the City, that includes a combination of trees, shrubs, and ground cover that after 5 years growth will be at least 20 feet in height and shall, together with shrubs and ground cover, create a continuous visual screen. Provided, however, in public utility easements or rights-of-way, the vegetation shall be installed and maintained in a manner which is acceptable to the public utility company, and does not interfere with the operation and maintenance of the public utility facilities. For items band c above, the actual length of required screening along the roadway will be equal to the length of the new development that is parallel to the roadway. Screening shall not be required for new development that is to the rear of or behind existing facilities. In all cases the 50' strip, along the entire roadway frontage, shall be dedicated as a landscape easement and shall be kept free from any improvements except for approved driveway access and identification signs. For cases of new development or improvements where a 50' landscape easement is not available or practical, Company shall meet with City to determine a sui table landscaping alternative. 3. 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. Driveways opening from said strip of land onto Fairmont Parkway shall be subj ect to the rules and regulations of Harris County and provisions of the city's Code of Ordinances, whichever is more restrictive. 4. Driveways opening from said strip of land onto Fairmont Parkway shall be approved by the City and may require the installation of separate acceleration/deceleration lanes. 5. Installation of a median crossover on Fairmont Parkway shall be subject to the approval of both Harris County and city. e e ORDINANeE NO. 2000-IDA-07-A AN ORDINANeE AUTHORIZING THE EXEeUTION BY THE eITY OF LA PORTE OF AN AMENDMENT TO AN INDUSTRIAL DISTRICT AGREEMENT WITH CHUSEI (U.S.A.) INC., FOR THE TERM COMMENCING JANUARY 1, 2001, AND ENDING DECEMBER 31, 2007; 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: section 1. CHUSEI (U.S.A.) INC. has heretofore executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 2001, and ending December 31, 2007, which was approved by Ordinance No. 2000-IDA-07, passed and approved by the City Council of the City of La Porte on June 26, 2000. section 2. CHUSEI (U.S.A.) INC. has executed an amendment to said industrial district agreement, a copy of which amendment is attached hereto, incorporated by reference herein and made a part hereof for all purposes. section 3. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the amended industrial district agreement with CHUSEI (U.S.A.) INC. section 4. 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 e e 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 5. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this day of , 2001. By: CITY OF LA PORTE NOrmC: t!:~ Mayor ATTEST: LJr} (jjjj,#-Ja. JlJ/Lt2 Martha A. Gillett City Secretary APPROVED: ... ~ ~ tii:H~~ Knox W. ASkins, City Attorney 2 e e NO. 2000-IDA-07-A { { STATE OF TEXAS { { COUNTY OF HARRIS { AMENDMENT TO INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and CHUSEI ((U.S.A.) INC., a Texas business corporation, hereinafter called "COMPANY", amending the agreement between the parties approved by the City Council of the City of La Porte on June 26, 2000. For and in consideration of the premises, and the mutual covenants herein contained, the parties agree that the 3 acre tract, described by metes and bounds on Exhibit "A" attached hereto, incorporated by reference herein, and made a part hereof for all purposes, is hereby DELETED from the legal description of the real property as described on Exhibit "A" of the Industrial District Agreement of June 26, 2000. Except as hereby amended, said Agreement shall remain in full force and effect. Entered into effective the 1st day January, 2001. CHUSEI (U.S.A.) INC.~~ ~'~5/ ~ William E. Sonn1er, President By: 12500 Bay Area Boulevard Pasadena, TX 77507 ATTEST: ~dJlk(}~ cit Secretary By: ce4Z~ Norman L. one Mayor Knox City City By: GohJ:- ~ \~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471-2047 e EXHIBIT "A" e METES AND BOUNDS DESCRIPTION 3.000 ACRES (130,680 SQUARE PEET) Being 3.000 acres (130,680 square feet) of land situated in the George B. Mckinstry League, Abstract 47. Harris County. Texas, and being out of that certain 20.00 acre tract of land conveyed to Chusei (U.S.A.) Inc., by instrument recorded under File Number N29l863 and Film Code 044-08-0907 of the Harris County Official Public Records of Real Property and out of that certain 22.72 acre tract of land conveyed to Chusei (U.S.A.) Inc., by instrument recorded under File Number Ul15813 and Film Code 529- 52-3598 of the Harris County Official Public Records of Real Property: said 3.000 acres (130,680 square feet) of land being more particularly described by metes and bounds as follows (all bearings are referenced to the monumented west line of said 20.00 acre tract): COMMENCING at a 5/8 inch iron rod found for the northeast corner of said 22.72 acre tract, same being the northwest corner of said 20.00 acre tract and also being in the south line of that certain 80.972 acre tract of land conveyed to the City of La Porte, Texas, by instrument recorded under File Number M253982 and Film Code 152-78-2108 of the Harris County Official Public Records of Real Property: THENCE S 01'00'45" E 264.06 feet, with the east line of said 22.72 a~re tract, same being the west line of said 20.00 acre tract, to a 5/8 inch iron rod with cap set for the PLACE OF BEGINNING and being in the north line of the herein described tract of land: THENCE N 79"51'37" E 298.85 feet to a 5/8 inch iron rod with cap set for the northeast corner of this tract; THENCE S 10'08'23" E 230.00 feet to a 5/8 inch iron rod wilh cap set for the southeast corner of this tract; THENCE S 79"51'37" W 568.17 feet, passing at 335.81 feet the east line of said 22.72 acre tract, same being the west line of said 20.00 acre tract, to a 5/8 inch iron rod with cap set for the southwest corner of this tract; THENCE N 10'08'23" W 230.00 feet to a 5/8 inch iron rod with cap set for the northwest corner of this tract; THENCE N 79"51'37" E 269.32 feet to the PLACE OF BEGINNING and containing 3.000 acres (130,680 square feet) of land. The area stated in acres is compatible with the allowable precision of closure for this survey. The area stated in square feet is a calculated value only. All 5/8 inch iron rods with caps set by this survey are marked "Texas Land Surveying". A plat of survey prepared under Texas Land Surveying, Inc. Job No. 194-0068 accompanies this metes and bounds description. ~ I ;.,Lt' Jeffrey N. Heck Registered Professional Land Surveyor Texas Registration No. 4385 Texas Land Surveying, Inc. P.O. Box 5825 Pasadena, Texas 77508 (281) 487-5880 Job No. 0194-006B September 28. 2000 Revised: October 12, 2000 e e e e RE UEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: February 26, 2001 Appropriation Source of Funds: Fund 41 Requested By: Department: Parkil &. Be..relltiQp Account Number: 041-.9892.-833 Re ort: Resolution: Ordinance: X Amount Budgeted: $450,000 Exhibits: Ordinance No. 2001- Amount Requested: $36,000 Exhibits: A2reement Budgeted Item: YES X NO Exhibits: SUMMARY & RECOMMENDATION Funds are available in the amount of $450,000, for construction of the San Jacinto Pool. When constructed, this facility will be located on the site of the existing pool at the intersection of San Jacinto and "G" Street. Doug Kneupper, Director of Planning, and myself have met with Terry Brannon of the C.T. Brannon Corporation and reviewed other pool facilities designed by the firm for other Texas cities. This engineering firm appears to possess sufficient knowledge and expertise to design these type facilities. Attached is our standard Agreement Between Owner and Engineer for Professional Services. This agreement provides for a lump sum fee of $34,000 which is 8 % of the estimated construction cost. In addition, $2,000 will be allocated for reimbursable expenses. This fee is in-line with fees other architects have received on recent projects. Funds for engineering services will come from the previously mentioned Fund 041. All three phases leading up to bidding are estimated to take 6 months, which includes City staff review time. Action Required bv Council: Consider approval of an ordinance authorizing the City Manager to execute an Agreement Between Owner and Engineer with C. T. Brannon Corporation for design of San Jacinto Pool Replacement, and authorizing $36,000 to fund said Agreement. Approved for City Council Ae:enda ~L 't. ~~ Robert T. Herrera, City Manager ).. . d.. 1... () \ Date e e .',\ . Iii tI ORDINANCE NO. 2001- 9lLf-fl { AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND C.T. BRANNON CORPORATION TO PROVIDE'! ~PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN AND CONSTRUCTION OF SAN JACINTO POOL REPLACEMENT; APPROPRIATING $36,000.00 TO FUND SAID AGREEMENT; 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: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretaxy is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. The City Council appropriates the sum not to exceed $36,000.00 for professional engineering services for the design and construction of San Jacinto Pool Replacement, from 2000 General Obligation Bond Fund 041 to fund said Agreement. Section 2. 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 e e ORDINANCE NO. 2001- ~J.f'11 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 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26th day of Februmy, 2001. CITY OF LA PORTE By: NO~~~~ Mayor AITEST: . t1Ldtllru.fl~ Mar a Gillett City Secretmy ~ ox W. ASYJn?f! City Attorney e e Due to the volume of this contract, a copy is available for your review in the City Secretary's Office e e i!JL I U e CITY OF LA PORTE e INTEROFFICE MEMORANDUM February 21, 2001 TO: Mayor and City Council FROM: Robert T. Herrera, City Manager (j\-n.l Potential Half-Day Workshop SUBJECT: If at all possible, I would like to schedule a half-day workshop with Council on Saturday, March 24,2001, from 8:30 am to 12:00 noon. There are several matters on which I need your guidance. I am attaching a list of items I would like to discuss. As you will note, there are more items than what we can effectively discuss in a half-day setting. However, if we can address half of them, then I will be in a much better position. I appreciate the time you devote to your jobs as Council members. RTH:su Attachment e e Potential Workshop Items 1. Discuss status of Hotel Conference Center proposed for Sylvan Beach 2. Review citywide Transportation Projects 3. Northside Comprehensive Plan, discussion on two recommendations of the plan. a. Empowerment Zones b. Neighborhood Community Development Corporation 4. Bayport Expansion, Port of Houston, receive update report 5. Barbours Cut Beautification Plan, discuss proposal from Port of Houston 6. Review preliminary census numbers 7. Lomax Fire site considerations 8. Sister City Program 9. Youth attending national conference 11. Rental of old library by Neighborhood Centers 12. Receive report on electrical deregulation and its impact on the City e e MEETING HANDOUTS The names of all donors giving $500 or more will be placed on a plaque at the base of the statue. Gifts may be made Checks should be over a three-year period. made out to: The Juan Seguin Project. Giving Information The Juan Seguin Memorial Committee is dedicated to honoring the accom- plishments of Juan N. Seguin to the independence of Texas from the period of settlement through statehood. A Juan Seguin memorial statue will serve as a regional focal point in establishing this recognition. Vision Statement The Juan Seguin Memorial Committee is . asked to identify, research, and present public recognition of the accomplish- ments of Juan Seguin to the republic of Texas through statehood to independence. The mis- sion will specifically focus on Juan Seguin as a person working for the betterment of all car- ing for individual rights. Committee Members Sam Flores, President Jeep Kiel, Vice-President John Taylor, Secretary Ed Gotthardt, Treasurer Virginia Woods, Historian Mary Louise Gonzales Louis R. Ramirez, Sr. John Gesick Gene Moreno SEGUIN FAMILY REPRESENTATIVES Albert Seguin Gonzales Juries Anne Seguin Drive Chairman Edmund Kuempel Juan Seguin Project 1511 Eastridge Parkway Seguin, TX 78155 ~Iission Statement JUAN N. SEGUIN TEXAS HERO THE JUAN N. SEGUIN PROJECT Seguin, Texas Testimonials ~membering our past is always so important as we develop our future. Preserving the eritage and the heroism of Col. Juan N. Seguin - a true texas patriot in the fight for Texas Independence - will proudly serve as a constant reminder to all citizens of Seguin of our namesake and his role in our history. I truly commend the Juan Seguin Memorial Committee for pursuing the funding of a Juan Seguin statue through a pri- vate citizens fund raising effort. Mark Stautzenberger Mayor of Seguin Juan Seguin's courage and dedication to Texas Independence should be remembered and appreciated by every Texan. A statue of the early Texas hero will allow us to express apprecia- tion now and for generations to come. The Need Honor Juan N. Seguin to Jim Price Seguin Area Chamber of Commerce 'nose of us who are citizens of Seguin should always feel the pride to live in a community named after the one true hero of Texas Independence. May we always revere Juan Seguin for his contributions to the great State of Texas. James E. Sagebiel County Judge, Guadalupe County Juan Seguin was a true hero. His story is an epic of human compassion, unquestionable valor, fairness and loyalty to all. Mary Louise Gonzales President, Seguin Hispanic Chamber of Commerce Juan Seguin was first and foremost a native Texan. He fought, as mayor of San Antonio, and as a senator to the Republic of Texas for democracy. As a warrior, he fought against oppression and for peace. Juan Seguin's legacy has been truly Texan, truly American. John Gesick Chairman, Guadalupe County Historical Commission The history of Texas has often been told without a full representation of the contributions of Tejanos and the risks they faced. During the fight for independence, both Anglos and Tejanos fought equally hard against the tyranny of Santa Anna, who was openly violating the Mexican Constitution of 1824. However, if the fight for independence had been unsuccessful, most of the Anglos could have returned to the United States without further risk. The Tejanos, on the other hand, would have been subjected to loss of property at best or, most likely, loss of life. Juan Seguin was a Tejano who risked his life and property, not to support any particular culture, but to do what was right. This is the ultimate contribution that a citizen can offer his or her country. By honoring Juan N. Seguin, we are honoring all good citizens of Seguin and Texas. A statue of Juan Seguin will be erected at Central Park in downtown Seguin to celebrate his contributions and to preserve his memory. Historical Narrative ~e colonel was a native born Texan as was his father and his father before him. Many events in the lives of Juan Seguin and of his father Erasmo Seguin led to the struggle for the eventual independence of our beautiful and great state of Texas as we know it today. The Seguin! Carvajal families were hard working and peaceful people. They believed in freedoms that we enjoy today and freedoms we so often take for granted. They were people who were fair-minded and regarded their families, friends, and fellow countrymen in all their actions. They did not like nor tolerate injustices. Yes, even back then they fought for basic human rights for all native Texans and citizens to be of Texas; thus, they were not willing to step aside at the risk of personal ridicule, danger or threats of death. Col. Juan N. Seguin, was one of the most gallant of all heroes of the Texas War for Independence. Early on he sensed the threat of tyranny when the Mexican Constitution of 1824 was disregarded which, among other stipula- tions, granted all citizens and subjects of Mexico their basic human rights. In 1835, Juan N. Seguin sought to convene the first revolutionary meeting in protest of the devastating demands and actions of Santa Anna's government. Juan Seguin was the first to sound the alarm of impending danger to the way of life and liberty that Texans had all enjoyed up to that point in time, He was a son, husband, father, statesman, veteran commander of many battles. He was a scholar, the savior of San Antonio, Texas and namesake for the city of Seguin, Texas. Col. Juan N. Seguin was and is a legendary fig- ure as a leader in the Texas Revolution. He was and is an unsung hero of Texas - a legendary figure who has seldom been given credit for his and his family's contributions in helping in the evolution of Texas. - e e e By B. No._ A BI~L TO BE ENTITLED 1 AN ACT 2 relating to the designation of a portion of state highway 225 3 between Houston and La Porte as the Juan N. Seguin Memorial 4 highway. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 6 SECTION 1. Subchapter B, Chapter 225, Transportation code, 7 Is amended by adding Section 225 . 046 to read as follows: 8 Sec. 225.046. JUAN N. SEGUIN MEMORIAL HIGHWAY. (a) State 9 Highway 225 between loop 610 in Houston and state highway 146 in La 10 Porte is designated as the Juan N. Seguin Memorial Highway. 11 (~) The department shall design and construct memorial 12 markers indicating the highway number, the designation as the Juan 13 ,N. Seguin Memorial Highway, and any other approprate information. 14 (c) The department shall erect a marker at each end of the 15 Highway and at appropriate intermediate sites along the highway _' 16 SECTION 2. This act takes effect immediately if it receives 17 a vote of two-thirds of all the members elected to each house, as 18 provided by Section 39, Article I I I , Texas Constitution. If this 19 act does not receive the vote necessary for immediate effect, this 20 act takes effect September 1, 2001. 77R5725 JA T-D 1 TEJANO A6lJCIATION FOR HISTO'CAL PRESERVATION Lorenzo de Zavala Chapter Benny C. Martinez, ~F>resident*Richard G. Ferez, Vice President*Alfonso Vasquez, v.P. Program Chair Genaro Flores, Sargeant at Arms *Linda Alonzo Saenz, Treasurer*Loretta M, Williams, Secretary Macario Ramirez, Public Relations*Dr. Emilio Sarabia, Advisory Board Member February 1,2001 Dear Sir/Madam: The Tejano Association for Historical Preservation along with the Seguin Family Historical Society supports the dedication of Highway 225 to Juan Seguin Memorial Highway. Highway 225 begins at Loop 610 in Houston, Texas and ends at Highway 146 at LaPorte, Texas. By renaming this highway which leads to the San Jacinto Monument visitors will remember one of the famous Texans who fought for Texas Independence. Pride of Texas and its heroes transcends all races. Juan Seguin fought for Texas Independence at San Jacinto. He had assembled Tejano soldiers fighting for the Texas Army against Mexico. He was sent out of the Alamo to seek help from Colonel Fannin. He returned to give the Defenders a proper burial. He warned and defended Texas Citizens fleeing from the Mexican Army during the "Runaway Scrape" after the fall of the Alamo. He fought bravely under General Rusk at San Jacinto. He was appointed commander of San Antonio and disobeyed a military order to destroy the city. He persuaded President Sam Houston to rescind the order and saved San Antonio. Juan Seguin served as Senator to the Congress of the Republic three times, (twice in Houston and once in Austin). He was elected Mayor of San Antonio in 1841. In 1852 Juan Seguin was elected as Bexar County Justice of the Peace and reelected for a second tenn two years later. In 1869 he was elected Wilson County Judge. In 1874 he was declared a hero of Texas War for Independence by the Texas Legislature and provided a lifetime pension by the state. Dr. Andres Tijerina stated in ''Tejanos & Texas Under the Mexican Flag," Seguin suffered as a result of ethnic prejudice. He fought for justice and freedom for all Texans. His loyalty to Texas never faltered. He declared at the beginning of the Texas Revolution, "Texas shall be free and independent, or we shall die in glorious combat." We would like to realize this dream of dedicating Highway 225 to Juan Seguin Memorial Highway. Whatever assistance in accomplishing this would be greatly appreciated by The Tejano Association for Historical Preservation and the Seguin Family Historical Society. Let the memory of Juan Seguin not perish. Long live Texas and long live its defenders. Sincerely, 6~JtAj C . ~d:;; Benny C. Martinez, President, Tejano Association for Historical Preservation P. O. Bo% 231021*Houston) Texas 77223-1021*713-673-1418*713-540-5449 e e The Seguin Family Historical Society A Texas Family Since 1712 Historical Narrative The colonel was a native born Texan as was his father and his father before him. Many events in the lives of Juan Seguin and that of his father Erasmo Seguin led to the struggle for the eventual independence of our beautiful and great-state of Texas as we know it today. The Seguin/Carvajal families were hard working and..peaceful peo~le. They 5elieved in freedoms that we enioy today and tteedoms we so often take for gI:anted. They were people who were fair-minded and regarded their families, and fellow countrymen in all their actions. They diu not like nor tolerate injustices. Yes, even back then they fought for basic human rights for all native Texans and citizens to be of Texas; thus, they were not willing to step aside at the risk of personal ridicule, danger or threats of death. Col. Juan N. Seguin, was one of the most gallant of all heroes of the Texas War for Iiidependence. Early on he sensed the threat of tyranny when the Mexican Constitution of 1824 was disregarded which, among other stipulations,~anted all citizens and subjects of Mexico their Basic human rights. Jft 1835, Juan N. Seguin sought to convene the first revolution~ meetin~ in protest of the devastating demands and actions of Santa Anna s government. Juan Segl!in was the first to sound the alarm of impending danger to the way ofTife and libertY that all Texans had enjoyed up to that point in time. He was a son, husband, father, statesman, and veteran commander of many battles. He was a scholar, the savior of San Antonio, Texas and namesake for the city of Seguin, Texas. Col. Juan N. Seguin was ana is a legendary figure as a leader in the Texas Revolution. He was and is an unsung hero of Texas - a legend~ figll;re who has seldom been given credit for his and his family's conlributions in helping in the evolution of Texas. The Need to Honor Juan N. Seguin The history of Texas has often been told without a full representation ot-the contributions of Tejanos, and the' risks they faced. Durin~ the fight for independencetboth Anglos and Tejanos fought equallY hard ~gainst the tyranny 0 Santa Anna, who was open~ violation the Mexican Constitution of 1824. However, if tile fi t for independence had been unsuccessful, some of the Anglgs coul have returned to the United States without further risk. The-Tejanos, on the other hand, would have been subjected to loss ofRropertY at best or, most likely, loss of life. Juan Seguin was a Spanish oornTe.iano who risked his-hfe and prQ~ertv, not to support any particular culture, but to do what was rig!1t ana just. This is the ultimate contribution that a citizen can offer his or her country. By honoring Juan N. Seguin, we are honoring all good citizens of'fexas. 1 e e Sounded "Call to Arms" Campaign for a Free Texas Juan Seguin's thirst for liberty was one of the motivation forces behind the Texas War For Ind~pendence. His entire career of Commerce, civic and military readership was closely associated with the deeds of that struggle 1833 - - Juan SegQin's business ability emerged early in his 26th year when he obtained the "headright" to tIie landlhat later became the site for the City of Galveston, Texas. Juan's political and militaIy careers then commenced a unique chapter of heroism, service and sacrifice for the Texas Republic. His role amidst the events of the founding of a free Texas included: 1834 - - Appointed Territorial Governor ("Jefe Politico") of Texas. 1834 - - Being the fITst to organize opposition to Gen. Santa Anna by preparing a circular inviting citizens to take part in a Texas Constitutional Convention. 1835 - - Appointed to the rank of Captain in the Texas Army by Commander and Chief Stephen F. Austin: Captain Seguin recruited fighters to defend against the invasion of Santa Anna's army; Juan Seguin personally provide his own troops with horses, food and shelter. 1835- - Battle of Gonzales erupted over possession of a cannon wanted returned by Mexican troops; Gonzales citizens challenged the troops to "Come an Take It." Then used it to fire the first shot of the Revolution. 1835 - - Juan Seguin fought alongside Jim Bowie in the Battle of Concepcion; then rushed to join the "Grass Fight" south of San Antonio in an effort to slow the pace of Santa Anna's invading Army. Freedom Fighter Signaled No turning back!* "Texas Shall be Free!" 1835 - - "Siege of Bejar" - Captain Seguin with his 160 Tejano ranchers and Texas volunteers attacked Gen. Cos' troops then in control of San Antonio in a crucial battle that signaled "no turning back" by Texas freedom fighters. 1836 - - The advance guard of Santa Anna's troops was sighted near San Antonio which alerted the small detachment of defenders to quickly regroup on the grounds of the Alamo: once there, the small unit of Texans immediately prepared their defense of the mission against the attacking troops of Gen. Cos that were soon to be dramatically increased 2 e e by the much larger forces of General Santa Anna. 1836 - - The Siege of the Alamo commenced; Captain Seguin defended the mission alongside Crocket, Travis and Bowie until ordered by Colonel Travis to break through The Mexican lines in search of additional Texas troops. 1836 - -The "Fall of the Alamo" occurred while Captain Seguin was following his orders to ride to Goliad in search of reinforcements from the troops of Colonel Fannin. 1836 - - He next rushed to warn and help defend Texas citizens fleeing from the path of the Mexican Army during the ensuing "Runaway Scrape. " 1836 - - Captain Seguin commanded Company "A" (cavalry) of the 2nd Regiment during the Texas victory over Santa Anna's Army at San Jacinto; soon after that brief struggle, he was ordered by General Sam Houston to enforce the orderly withdrawal of Santa Anna's troops from Texas. 1836 - - Captain Seguin with his army re-entered San Antonio to accept the surrender of the Mexican forces there under the command of Lt. Francisco Castaneda, the same officer involved in the opening skirmish over the cannon at Gonzales. Citizens honored war hero * Re-named town Seguin 1836 - - He was promoted to the rank ofLt. Colonel by Republic of Texas President David Burnet, who expressed "special trust in the courage, patriotism and ability of Juan N. Seguin." 1837 - - He successfully appealed to his friend, Sam Houston, to rescind a prior military order to destroy San Antonio by fire, thus earning Colonel Seguin the respect for saving that city. 1837 - - Order by Sam Houston to bury the remains of the Alamo defenders, Colonel Seguin provided the martyrs with a Christian burial including full military honors. 1839 - - Colonel Seguin was honored by the citizens of Walnut Springs who voted to change the name of their community to "Seguin" because of his service to Texas during its heroic struggle for Independence. 1837- 1840 - - The Biographical Directory of the Texas Conventions 3 e e and Congresses states that Juan Ser:in was an elected member of the Senate of the Republic ofTexas'2n , 3rdand 4th Congresses; Senator Seguin's legacy includes his strong leadership for adoption of a bill requiring all of the Laws of the Republic of Texas to be written in both English and Spanish. Senator Seguin held high his views that the Republic's laws should protect all citizens and that "there can be no doubt as to the rights an individual enjoys, and equally important what his responsibilities are, as a citizen of Texas. " 1841 - - Juan Seguin is elected Mayor of San Antonio. 1852 - - Won election as Bexar County Justice of the Peace; re-elected for a second term two years later. 1869 - - Elected Wilson County Judge. 1874 - - Juan Seguin was declared a hero of the Texas War For Independence by the Texas Legislature and provided a lifetime pension by the state. State Recognition * Juan Se2uin a Texas Hero Growing up in the wilds of a totally tree but dangerous frontier, Juan Segqin's greatest desire was for the people of Texas to be able to live free. He was the first to sound the alarm of impending dangers to Texas by a dictatorship. Juan Seguin's cry for liberty was never silenced. He publicly declared at the beginning of the Texas Revolution: "Texas shall be free and independent, or we shall perish in glorious combat." When delivering the burial address for the Alamo hero's he said: "Yes, my friends, they preferred to die a thousand times, than to live under the yoke of a tyrant. " And General Sam Houston in a personal letter to Juan Seguin on Janu~ 16, 1837 wrote: "As to my confidence in you, I solicit you to rest assured that I entertain for you a high regard. And repose m you honor and chivalry the most implicit confidence." Colonel Seguin died on August 27, 1889 in Nuevo Laredo, Mexico, where one of his sons haa served as Mayor. The remains of Colonel Se~in were returned to his beloved Texas to his namesake City of Seguin for re-burial and long overdue honors during_dedication ceremQni~s of his tomb on July 4, 1976 by the SeguinlJicentennial CommISSIon. 4 e e Juan Seguin's services, heroic actions and contributions to Texas Independence are an historic chapter of state history that may have been equaled, but never surpassed. Inheriting A Dream * Thirst For Independence Juan Seguin iiiherited his love for Texas Independence as a family tradition. Seguin Family members were amon~the original settlers to arrive and build some of the earlier villa~es in Texas starting as early as 1722. The original Sezuins during the 161h" century had migrated from Gevauden France to l\Iew Spain In the Western Hemis.phere. Santiago Seguin, Juan's Grandfather, in 1778 supplieoTexas beef to the Spanisll Forces allied with American colonists wlio were fighting for tlieir independence from England. Erasmo, tather of Juan SeguIn was a close friend of Stephen F. Austin. Erasmo served as Postmaster of the Texas Territory for 30 years. He was also a senator in the Mexican Congress representing Texas. Erasmo was later selected by Texans to be one of the signers of the Declaration of Independence from Mexico. Respected even by his enemies. Erasmo held public office during the occupation of the territory of Texas by each of three different nations, including the Spanish Crown, the Mexican Republic and, finally the Texas Republic. Juan's mother, Josefa Au~stma Bercerra, was a descendant of the original "Canary Islander settlers in Texas. His wife, and mother of his ten children, was Maria Gertrudis Eusevia Flores also a "Canary Islander" descendant. The town of Floresville was named in her families honor. They had donated all of the land for that town to be built. Please contact Linda Garcia 713-643-1195 5