Loading...
HomeMy WebLinkAbout2002-08-26 Regular Meeting e . e e MINUTES OF THE REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL AUGUST 26, 2002 1. Call to Order The meeting was called to order by Mayor Norman Malone at 6:00 p.m. Members of City Council Present: Councilmembers Chuck Engelken, Barry Beasley, James Warren, Bruce Meismer, Mike Mosteit, Peter Griffiths, Mayor Norman Malone, and Charlie Young arrived at 6: 10 p.m. during the Public Speaking. Members of Council Absent: Howard Ebow Members of City Executive Staff and City Emplovees Present: Assistant City Attorney John Armstrong, Acting City Manager John Joerns, Assistant City Attorney Clark Askins, Director of Finance Cynthia Alexander, Assistant Director of Finance Michael Dolby, Director of Emergency Services Joe Sease, Director of Parks and Recreation Stephen Barr, City Secretary Martha Gillett, Assistant City Secretary Sharon Harris, Police Chief Richard Reff, Director of Public Works Steve Gillett, Director of Administrative Services Carol Buttler, Purchasing Manager Susan Kelley and Director of Planning Doug Kneupper Others Present: Christina McCrea, Christopher Comperry, Lacey Ferguson, Nick Cornor, Sue Gale Mock Kooken, Dave Turnquist, George L. Watkins, Roy Myers, Nancy Edmonson, Bill Scott, Nick Barrera, Alexine Strum, Colleen Hicks, Barbara Norwine, Jessica Salinas, Charles Doize, Spero Pomonis and a number of other citizens 2. Mayor Malone of La Porte delivered the invocation. 3. Mayor Malone led the Pledge of Allegiance. 4. Council considered approving the Minutes the Regular Meeting, Public Hearing and Workshop Meeting of the La Porte City Council held on August 12,2002, and approval of the Minutes of the Special Called Workshop Budget Meetings of the La Porte City Council held on August 19 and 20, 2002. Motion was made by Councilmember Warren to approve the Minutes of the Regular Meeting. Public Hearing and Workshop Meeting of the La Porte City Council held on August 12.2002. and approval of the Minutes of the Special Called Workshop Budget Meetings of the La Porte City Council held on August 19 and 20. 2002. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Warren, Beasley, Griffiths, Mosteit and Malone Nays: None Abstain: Meismer not at table, Ebow absent, Young arrived at 6: 10 p.m. 5. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND T AXP AYERS WISHING TO ADDRESS CITY COUNCIL Bill Scott of 1802 Lomax School Road, La Porte, Texas, voiced his concerns regarding City related expenses (unethical charges). e e City Council Minutes 8-26-02 - Page 2 Barbara Norwine of 202 South Lobit, La Porte, Texas, requested quality material be used for the City's streets. Nancy Edmondson of33l6 Miramar Drive, La Porte, Texas, spoke on Item Number 13 regarding utilities in Shoreacres. Ms Edmondson requested the City provide utility service for the property in question. Charles Doize of 211 East Forest, La Porte, Texas, voiced his concerns with Zoning, as it relates to rebuilding his garage. 6. Council considered adopting a resolution extending the moratorium on mid to high density residential development for an additional 60 days. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong: RESOLUTION 2002-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, EXTENDING THE MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE ISSUANCE OF BUILDING PERMITS AND ALL OTHER ZONING AND/OR DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE MID AND HIGH-DENSITY RESIDENTIAL ZONING DISTRICTS, ADOPTED FEBRUARY 11,2002; PROVIDING THAT SUCH EXTENSION SHALL EXPIRE AFTER SIXTY (60) DAYS OR DISPOSITION OF ZONING CHANGE PROCEEDINGS WITH REGARD TO SUCH DISTRICTS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN THE EVENT OF HARDSHIP; AND PROVIDING AN EFFECTNE DATE. Motion was made bv Councilmember Young to approve this resolution as presented by Mr. Kneupper. Second by Councilmember Engelken. The motion carried. Ayes: Engelken, Warren, Young, Griffiths Meismer, Mosteit, Beasley and Malone Nays: None Abstain: None 7. Council considered approval or other action regarding approval of four ordinances authorizing the City to enter into four Industrial District Agreements and four ordinances authorizing the City to execute four Water Service Agreements and Sanitary Sewer Service Agreements with GSL Constructors, Ltd. Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. a. Assistant City Attorney John Armstrong read: 2000-IDA-63 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL CONSTRUCTORS, LTD. (HARCROSS CHEMICALS, INC., LESSEE); 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 EFFECTNE DATE HEREOF. e e City Council Minutes 8-26-02 - Page 3 Assistant City Attorney John Armstrong read: ORDINANCE 2002-2579 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL CONSTRUCTORS, LTD. (HARCROSS CHEMICALS, INC., LESSEE); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. b. Assistant City Attorney John Armstrong read: ORDINANCE 2000-IDA-64 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL CONSTRUCTORS, LTD. (SULZER, INC., LESSEE); 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. Assistant City Attorney John Armstrong read: ORDINANCE 2002-2580 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL CONSTRUCTORS, LTD. (SULZER, INC., LESSEE); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. c. Assistant City Attorney John Armstrong read: ORDINANCE 2000-IDA-65 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL CONSTRUCTORS, LTD. (UNITED ENVIRONMENTAL SERVICES, LESSEE); 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. Assistant City Attorney John Armstrong read: ORDINANCE 2002-2581 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL CONSTRUCTORS, LTD. (UNITED ENVIRONMENTAL SERVICES, LESSEE); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. d. Assistant City Attorney John Armstrong read: ORDINANCE 2000-IDA-66 - AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL CONSTRUCTORS, LTD. (TYCO VALVE & CONTROLS, LESSEE); 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. Assistant City Attorney John Armstrong read: ORDINANCE 2002-2582 - AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL CONSTRUCTORS, LTD. (TYCO VALVE & e e City Council Minutes 8-26-02 - Page 4 CONTROL, LESSEE); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Beasley to approve the four ordinances and four industrial district agreements as presented by Mr. Kneupper. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Warren, Young, Griffiths, Meismer, Mosteit, Beasley and Malone Nays: None Abstain: None 8. Council considered approval or other action regarding approval of an ordinance appointing members to various boards, commissions and committees. Mayor Norman Malone presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong read: ORDINANCE 2002-2583 - AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE; PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Beasley to approve the ordinance as presented by Mayor Malone. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Warren, Young, Griffiths, Meismer, Mosteit, Beasley and Malone Nays: None Abstain: None 9. Council considered approval or other action regarding authorization and approval of a committee to review City Council's Travel Policy. Mayor Norman Malone presented summary and recommendation and answered Council's questions. Assistant City Attorney John Armstrong read: ORDINANCE 2002-2577 - AN ORDINANCE APPOINTING A COMMITTEE TO REVIEW THE COUNCIL TRAVEL POLICIES; SUSPENDING CITY PAYMENT OF COUNCIL SPOUSAL TRAVEL EXPENSES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Motion was made by Councilmember Beaslev to table this ordinance until the September 9,2002 City Council Meeting as presented bv Mayor Malone. Second by Councilmember Engelken. The motion carried. Ayes: Engelken, Young, Griffiths, Meismer, Mosteit, Beasley and Malone Nays: Warren Abstain: None e e City Council Minutes 8-26-02 - Page 5 10. Council considered approval or other action regarding approving the recommended date of September 9, 2002 for the Public Hearing on the City's FY 2002-2003 Proposed Budget. Director of Finance Cynthia Alexander presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Engelken to approve the recommended date as presented by Mrs. Alexander. Second by Councilmember Engelken. The motion carried. Ayes: Engelken, Warren, Young, Griffiths, Meismer, Mosteit, Beasley and Malone Nays: None Abstain: None 11. Council considered approval or other action regarding amending various budgets as presented. Director of Finance Cynthia Alexander presented summary and recommendation and answered Council's questions. Motion was made bv Councilmember Engelken to amend various budgets as presented by Mrs. Alexander. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Warren, Young, Griffiths, Meismer, Mosteit, Beasley and Malone Nays: None Abstain: None 12. Council considered approval or other action regarding consideration of appointing a voting delegate and alternate voting delegate for the National League of Cities at the annual business meeting to be held on Saturday, December 7, 2002. Mayor Norman Malone presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Griffiths to appoint Councilmember Warren as a voting delegate and Councilmember Mosteit as an alternate voting dele~ate. with Councilmember Meismer being the second alternate voting delegate as presented by Mayor Malone. Second by Councilmember Beasley. The motion carried. Ayes: Engelken, Warren, Young, Griffiths, Meismer, Mosteit, Beasley and Malone Nays: None Abstain: None 13. Council considered approval or other action regarding policy confirmation/decision for utility services for property in Shoreacres. Acting City Manager John Joerns and Director of Planning Doug Kneupper presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Warren to approve utility services for property in Shoreacres. Second by Councilmember Griffiths. The motion was defeated. e e City Council Minutes 8-26-02 - Page 6 Ayes: Engelken, Warren, Griffiths Nays: Beasley, Young, Mosteit, Meismer Abstain: None 14. Consent Agenda Council considered a consent agenda as follows: a. Consider approval to award bid for Items 1 and 2 to Gulf States Asphalt Company, Item 3 to Crafco Texas, and Item 4 to Prime Materials and Supply, low bidders meeting specifications as recommended by Staff. Director of Public Works Steve Gillett presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Warren to approve the bids as presented by Mr. Gillett. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Warren, Young, Griffiths, Meismer, Mosteit, Beasley and Malone Nays: None Abstain: None b. Consider authorization to purchase Permanone 31-66 from Univar USA, Inc. in the amount of$5,103.00. Director of Public Works Steve Gillett presented summary and recommendation and answered Council's questions. Motion was made by Councilmember Warren to approve the bids as presented by Mr. Gillett. Second by Councilmember Griffiths. The motion carried. Ayes: Engelken, Warren, Young, Griffiths, Meismer, Mosteit, Beasley and Malone Nays: None Abstain: None 15. Acting City Manager John Joems reminded Council of the Recreation and Fitness Center 10th Year Celebration, Thursday, August 29,2002 from 9:30 a.m. until 11:30 a.m.; the Labor Day observance on Monday, September 2,2002; the Health and Safety Awareness Fair at the Recreation and Fitness Center on September 13, 2002 from 9 a.m. until 4 p.m. 16. Council Comments Councilmembers Griffiths, Beasley, Warren, Young, Meismer, Mosteit, and Engelken brought items to Council's attention. 17. EXECUTIVE SESSION - PURSUANT TO PROVISION OF TIlE OPEN MEETINGS LAW, CHAPTER 551.071 THROUGH 551.076, 551.086, TEXAS GOVERNMENT CODE - (CONSULTATION WITH ATTORNEY, DELIBERATION REGARDING REAL PROPERTY, DELIBERATION REGARDING PROSPECTIVE GIFT OR DONATION, PERSONNEL MATTERS, DELIBERATION REGARDING SECURITY DEVICES, OR EXCLUDING A WITNESS DURING EXAMINATION OF ANOTHER WITNESS IN AN e e City Council Minutes 8-26-02 - Page 7 INVESTIGATION, DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS) Council retired into Executive Session at 7:47 p.m. 551.071 (PENDING LITIGATION) Meet with City Attorney and Acting City Manager on pending litigation. Council reconvened the Council Meeting at 8:01 p.m. 18. CONSIDERATIONS AND POSSillLE ACTION ON ITEMS CONSIDERED IN EXECUTIVE SESSION There was no action taken. 19. ADJOURNMENT There being no further business to come before Council, the Regular Meeting, Public Hearing and Workshop Meeting was duly adjourned at 8:10 p.m. Respectfully submitted, Lf)1awlJ-A~lbIJ Martha Gillett City Secretary Passed and appro~d on this the 9th day of September 2002. : /,- ", . ~WW~~Dc0 ~YVI('io'c f'lt)\e,'c. Norman Malone, Mayor e e REQ9T FOR CITY COUNCIL AG_DA ITEM Agenda Date Requested: AU2Ust 26. 2002 Appropriation Requested By: Dou2 Kneupper ~ Department: Plannin2 Source of Funds: Budgeted Item: N/A N/A N/A N/A NO Account Number: Report: _Resolution: ..K.- Ordinance: _ Amount Budgeted: Exhibits: Resolution Amount Requested: YES SUMMARY & RECOMMENDATION On February 11, 2002, City Council passed Resolution #2002-20 placing a ISO-day moratorium on new construction of mid to high density residential development for the purpose of reviewing current regulations and possibly adopting new regulations. At the Council's July Sth meeting, the moratorium was extended for 60 days setting an expiration date of September 6, 2002. The expiration occurs three days prior to the September 9th City Council meeting. Preparation of the formal Ordinance incorporating Council's modifications will not be finalized prior to the August 26th Council meeting. Therefore, staff is recommending extending the moratorium for an additional 60 days. This would establish a new moratorium expiration date of October 24, 2002 and provide sufficient time for the City Attorney to review the formal document. This will also allow Council to conduct the required Public Hearing. Action Reauired bv Council: 1. Consider adopting a Resolution extending the moratorium on mid to high density residential development for an additional 60 days. Approved for City Council Aeenda B;; :< 1:):< Date I I e e RESOLUTION NO. 2002 - 3 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS, EXTENDING THE MORATORIUM ON THE ACCEPTANCE FOR FILING AND THE ISSUANCE OF BUILDING PERMITS AND ALL OTHER ZONING AND/OR DEVELOPMENT PERMITS FOR NEW CONSTRUCTION IN THE MID AND HIGH- DENSITY RESIDENTIAL ZONING DISTRICTS, ADOPTED FEBRUARY 11, 2002; PROVIDING THAT SUCH EXTENSION SHALL EXPIRE AFTER SIXTY (60) DAYS OR DISPOSITION OF ZONING CHANGE PROCEEDINGS WITH REGARD TO SUCH DISTRICTS, WHICHEVER COMES FIRST; PROVIDING FOR SPECIAL EXCEPTIONS IN THE EVENT OF HARDSHIP; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there continues to be undeveloped land in the City of La Porte, Texas, the development of which may significantly impact City services, such as water, sanitary sewer, traffic, sanitation, and fire and police protection; and WHEREAS, the construction of Mid and High Density Residential projects have raised concerns regarding the impact of these projects on adjacent properties, which said concerns have been the effort of a significant and intensive effort to develop new regulatiQfls for mid and high density residential developments within the City of La Porte; and WHEREAS, the City of La Porte has not conducted a thorough review of its Mid and High Density Residential regulations since 1987; and WHEREAS, the City Council of the City of La Porte desires to avoid the adverse effects such development may have on the public health, safety, and welfare of the citizens of the City of La Porte; and WHEREAS, the City Council of the City of La Porte, in order to avoid any adverse effects, to further the goals of the Comprehensive Plan update, to provide for orderly future development and growth, desires to extend the period of time in which to complete a review of Mid and High Density Residential development regulations, since efforts to revise the zoning ordinance regulations regarding mid and high density residential development have been conducted in an orderly and timely fashion, yet have not been completed within the time period set for the original moratorium and first extension due to expire on September 6, 2002; and WHEREAS, continued refinement of development standards ensures neighborhood compatibility, minimizes incompatible elements between abutting land uses and contributes to a higher quality of life; and WHEREAS, the City's Comprehensive Plan Update made the following recommendations: e e Provide an appropriate amount of land for various densities and types of residential uses and ensure the highest quality living environment. Seek to ensure that adjacent land uses are developed compatibly and take measures to mitigate land use transitions with differing intensities. Evaluate the appropriateness of design standards that include landscaping, screening, increased lot sizes and setbacks, and other methods to minimize negative effects among different land uses. Determine appropriate residential densities for various areas within the City on the basis of accessibility, utility availability, topography, proximity to shopping areas, and other relevant factors. Update the Zoning Ordinance and Official Zoning Map to reflect identification of various areas of particular densities. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: SECTION 1. The City Council of the City of La Porte finds and determines that the premises hereof are true and correct. SECTION 2. The City Council further finds and determines that it is in the best interests of the public health, safety and general welfare of the citizens of the City to extend the moratorium heretofore placed on February 11, 2002, and thereafter extended on july 8, 2002, on the acceptance for filing and consideration, and the issuance of building permits and all other development and zoning permits, for all properties in the Mid and High Density Residential Districts in the City for an additional period of sixty (60) days from the date hereof, and such moratorium is hereby imposed and extended. For purposes of this moratorium, the term "Mid Density and/or High Density Residential Districts", or words of similar import, shall include, but not be limited to development occurring within Zoning Districts R-2, R-3, NC, GC, L1, HI, and/or PUD. e e SECTION 3. That there is hereby established an extension of the moratorium on the issuance of permits for construction of any Mid Density or High Density Residential units within the City of La Porte, Texas for a period of up to sixty (60) days from the date of passage of this Resolution or on October 24, 2002, whichever date first occurs. SECTION 4. That during the moratorium period, and the moratorium extension period, no new Mid Density or High Density Residential building permits, or certificates of occupancy shall be issued and no letters of availability for utilities, as well as formal review or action by any City board, commission or department shall be authorized for any new Mid Density or High Density Residential location in the jurisdiction of the City of La Porte as described in Section 2 of this Resolution. SECTION 5. This extension of the moratorium shall remain in effect for a period of sixty (60) days or until final action is taken on any proposed zoning and/or subdivision regulation changes affecting the Mid and High Density Residential Districts, or until final action is taken regarding amendment of the Comprehensive Zoning Ordinance and Map, and development regulations by the City Council, whichever comes first. SECTION 6. Any property owners subject to this moratorium and/or this extension of the moratorium may apply to the City Council for an exception in the event that a hardship results from its application, and the City Council is authorized to grant an exception to the moratorium imposed by this Resolution only when it finds that such hardship does exist. Any exception so granted shall not be a substitute for enforcement of current zoning, development or building regulations, policies and procedures of the City of La Porte. e e SECTION 7. This moratorium shall not apply to building permits within previously platted, duly recorded and properly zoned subdivisions approved by the City of La Porte Planning and Zoning Commission. Further, this moratorium does not apply to developments for which administratively complete applications for zoning permits, building permits, special conditional use permits, or any other development permits have been completed and filed with the City of La Porte prior to the passage of this resolution. In such event, the applicant may complete the permit review process and development approval process under existing City of La Porte regulations, policies, and procedures in connection with the proposed application. SECTION 8. This extension to the moratorium on the acceptance for filing and the issuance of building permits and all other development permits for new construction in the Mid and High Density Residential Districts for shall expire on October 24, 2002, at 11 :59 p.m., Central Standard Time. SECTION 8. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY PASSED by the City Council of the City of La Porte, Texas, on the JJ.oJl,J dayof dUlileK ,2002. APPROVED: ~~ / N man L. Malone, ayor e e ATIEST: ~ JWm1 JJulleLi Marth Gillett, City Secretary Agenda Date Requested: Au eEQUEST FOR CITY COUNCIL AGEN_TEM Appropriation Department: Plannif!g Source of Funds: N/A Requested By: Dout! Kneuppe Account Number: N/A Amount Budgeted: N/A Report: _Resolution: _Ordinances:--L Amount Requested: N/A Exhibits: A. Ordinance for Industrial District Agreement B. Industrial District Agreement C. Ord. For Water & Sewer Service Agreements D. Water Service Agreement E. Sanitary Sewer Service Agreement F. Area Map Budgeted Item:_ YES -X... NO SUMMARY & RECOMMENDATION GSL Constructors, Ltd., is developing 4 sites in the Bayport North Industrial Park and has requested water and sanitary sewer service from the City to serve all 4 sites. All 4 sites will be owned by GSL but leased to different companies with varying water and sewer requests as shown below: Sulzer, Inc. - 4,500 gpd United Environmental Services - 5,000 gpd Tyco Valve and Controls - 4,250 gpd Harcross Chemical - 3,750 gpd Council has approved a policy to provide utility services to companies located outside city limits and within the City's industrial districts. These companies are required to maintain a current Industrial District Agreement (IDA) with the City. All undeveloped land in the Bayport North Industrial Park is currently covered by an IDA, however, it has been the City's practice to update the IDAs as individual sites are developed. 4 updated IDAs are included for Council's consideration. All 4 of these requests for water and sewer service are similar in nature with most of the water being used for domestic purposes and a smaller amount being used for landscape irrigation. In addition, each site will have a fire sprinkler system connected to the City water main. Each site is subject to an administrative fee of $10,000 that has been received by the City ($40,000 totall, and each site, once developed, will pay one and one-half (1- %) times the City's current utility rate. The term of each Water Service Agreement and Sanitary Sewer Service Agreement expires on December 31, 2007, plus any renewals and extensions thereof. However, the agreements shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if the City exercises the right of termination. Staff recommends approval of all 4 Industrial District Agreements, and all 4 Water Service Agreements and Sanitary Sewer Service Agreements as submitted herein. Please note since all 4 IDAs are practically identical and all 4 water and sewer agreements are very similar. only one IDA and one Water / Sewer Service Agreement has been included here as backup. All others are available for review in the City Secretary's office. Action Required by Council: Consider approval of 4 ordinances authorizing the City to enter into 4 Industrial District Agreements and 4 ordinances authorizing the City to execute 4 Water Service Agreements and Sanitary Sewer Service Agreements with GSL Constructors, Ltd. gie.< k Date I ( e e EXHIBIT "A" Ordinance for Industrial District Agreement e e ORDINANCE NO. 2000 - IDA'-f.J:!J AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL CONSTRUCTORS, LTD. (HARCROSS CHEMICALS, INC., LESSEE), 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. GSL CONSTRUCTORS, LTD has executed an industrial district agreement with the City of La Porte, for the term commencing January I, 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~bd~ day of L2Ll~~ By: ~:;;;-- ~orman L. Malonel Mayor ATTEST: ~~aJ<tuJ4 M r a A. Gillett City Secretary APPRO~ 1/' ~~~ Knox W. Askinsl City Attorney 2 I 2002. e e EXHIBIT "B" Industrial District Agreement e e NO. 2000 - IDA- (,3 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 II CITY" , and GSL CONSTRUCTORS, LTD. (HARCROSS CHEMICALS, INC., Lessee) 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 citizensj 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 Codej and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") j and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary linesj a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Portej 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 lOa' 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 unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. 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 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 "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 I, 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 I, 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 I, 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 I, 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 I, 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 11 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 1 20011 and continuing thereafter until December 311 20071 unless extended for an additional period or periods of time upon mutual consent of Company and city as provided by the Municipal Annexation Act; providedl however 1 that in the event this Agreement is not so extended for an additional period or periods of time on or before August 311 20071 the agreement of City not to annex property of Company within the District shall terminate. In that event 1 City shall have the right to commence immediate annexation proceedings as to all of Company/s property covered by this Agreement 1 notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Actl section 42.0441 Texas Local Government Codel is amended after January 11 19941 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 landl 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 11 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 hereofl 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 1 Company agrees to pay to City on or before the date therefor hereinabove providedl at least the total of (a) the total amount of ad valorem taxes on the annexed portionsl plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of Companyl 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 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, subj ect 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 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. By: ADDRESS, ~ ~~ ~~~:~ ~y 5ili~ 2-v ATTEST: . -1Ua.J:J~' Cit Secretary By: ~OF~ /No m~L. Malo e Mayor d/ i APPRO D-: . /. <Pl!z#?tI ~~~ Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 a 3"pJ... Y1 TDe/1I CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471-2047 8 e e "EXHIBIT A" (Metes and Bounds Description of Land) 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 Cn 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. . 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 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 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 EXHIBIT "C" Ordinance for Water & Sanitary Sewer Service Agreements e e ORDINANCE NO. 2002-;)57('1 AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL CONSTRUCTORS, LTD. (HARCROSS CHEMICALS, INC., LESSEE), 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 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 pl~ce 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 3. This Ordinance shall be effective from and after its passage and approvalr and it is so ordered. e e PASSED AND APPROVED, this~ day Of~, 2002. CITY OF LA PORTE By: Yk . ;ftp/-- ~an~lone, Mayor ATTEST: ~~~ City Secretary APPROVE-EN ;I' ~;?/~ Knox W. Askins, City Attorney 2 e e EXHIBIT "D" Water Service Agreement e e 1 STATE OF TEXAS 9 COUNTY OF HARRIS S WATER SERVICE AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a mutiicipal corporation of Harris County, Texas, hereinafter called "ctty", and GSL cONsTItbcTORS, LTD., (HARCROSS CHEMICALS, LESSEE) hereinafter diled "COMPANY". I. coMPANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. CaMP ANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. CaMP ANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. e e 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 10 Number of Contract Employees on site ) Total on-site Employees 1) Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) 1 7)0 , *Potable Water Approved for Industrial Processes (gpd) 2000 Total Amount of Potable Water Approved for Company ( Average Daily Demand, gpd) 17)0 , IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to CaMP ANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ ) 000 , (B) Potable water used for Industrial Processes shall be limited to the following: *RlIilciine fire sprinkler (ciesieneci for orciimny h~7~rci erollp ?, 1)0-4)0 erm), l~ncisc~re inieMion (C) CaMP ANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) Where applicable, CaMP ANY shall also pay to CITY $ Nt A for installation of utility mains funded by other parties. as a pro-rata reimbursement (E) The total amount of potable water approved (average daily demand) is established at THREE THOTTSAND SEVEN HTTNDRED FIFTY (3,750) gallons per day. This number is based on an average offifty (50) gallons per employee per day established by CITY, plus any amount approved e e 3 for industrial processes. (F) The average monthly demand of THREE THOTTSAND SEVFN m TNDREh FIFty (3,750) gallons is established by multiplying the average dally demahd by a factor of Jb.5, wHich shall be used to facilitate service bihings. (G) The cost of water up to the average monthly demahd of ONE mTNDRRD FOTTRtFEN THOT TSAND THREE mTNhRRD SRVENTY-FTVE (114,375) gallons shaH Be bne hundred My percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of ONE, mTNDRED FOTTRTEEN THOTTSAND THREE mTNDRED SEVFNTY- EIYE (114,375). Repeated consumption greater than the established average monthly demand may result in tennination of service. (1) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. e e 4 (M)COMP ANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishirtg of potable water to customers within the corporate limits of CITY. (N) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbihg code re~i.1irements. CITY'S engineeritig ~d code enforcement petsormel shall have the right of priot review and approval of COMPANY'S plans and specificatidhs for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (0) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-cormections. (P) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. v. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility for its water mains, and service lines e e 5 up to and including CITYS water meter. In the event a State or Harris County licehse, permit, or permission to install the water main is revoked, or relocation or adjustment is required, C1TY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CIty reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the tenns and condiHbhS ot this I' Agteement. When exercising its right of entry, CITY shall notifY COMPANY in advance. cfty also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIll. CITY reserves the right to tenninate this agreement in the event of violation of the tenns and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. x. In the event of any conflict between the tenns and provisions of this Water Service Agreement and the tenns and provisions of the Industrial District Agreement between the parties, the tenns and provisions of the Water Service Agreement shall control, to the extent of such conflict. The tenn of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. e e 6 ENTERED INTO effective the ~ day 0[/1 U~~/)jt , 2002. ~ SL C,.J SrrftUC1eTLS l)fn By: Name: Title?O..J CSIIt-U::.:-rr ~ ~ .-,.A,.J Ab &v'L Address~';.~... ~~;:; f ..~>-s.,-l'r(~ CITY OF LA PORTE ATTEST: y!p!#a, CI ~- Martha A. Gillett City Secretary d' AP~ D: ( ~1/ ajL',~ Knox W. Askins City Attorney ~OFLAPORTE ~ By: , ~ ln~A t:---' Norman L. Malone Mayor \foV\n JOe..(Ylj City Attorney PO Box 1218 LaPorte, TX 77572-1218 City of La Porte PO Box 1115 LaPorte, TX 77572-1115 Phone: (281) 471-1886 Fax: (281) 471-2047 Phone: (281) 471-5020 Fax: (281) 471-7168 e e '7 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated CITY COMPANY ADDITIONAl, RFQITfRFMRNTS The Agreement is amended and supplemented to include the following agreement of the parties. COMP ANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMP ANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMP ANY shall submit a Landscaping Plan subject to approval by CITY. COMP ANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water servIce. e e EXHIBIT "E" Sanitary Sewer Service Agreement e e 1 STATE OF TEXAS S coUNty OF HARRIS s SAMITARYSEWERSERWCEAGREEMENT (for Companies located in Bayport North Indtistrlal Park) This AGREEMENT made and entered into by and between the CiTY bF LA PORTE, TEXAS, a n1u~tipal co~oration of Harris County, Texas, lieteinafter called "CITY", and nSL CdNSTRUCTORS, LTD., (HARCROSS CHEMICALS, LESSEE) hereinafter catied "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration offumishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: III. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. e e 2 Upon review of these representations, the City has detennined the following. Number of Employees on-site 10 Number of Contract Employees ~ Total on-site Employees Vi Sanitary Sewer Desired for bomestic Use (total on-site times 50 gpd per employee) 1 7fSO , Sanitary Sewer Approved for Industrial Processes (gpd) ? 000 , Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) 1 7~0 , IV. CITY has detennined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $ ~ 000 , (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at ONF THOTTSAND SFVFN HTTNDRFD FTFTV .(1..,15.0) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor onO.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of POT TR TV -PTVF. THOTTSAND THREE HTTNnRFD STXTV-NTNF (4~,1ti9) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F). The cost of sanitary sewer service for amounts in excess of the established average monthly e e 3 demand shall be two hundred percent (200%) of the CITy'S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of FOTTRTV-FTVF. THOTTSANh THREE HTJNDRFn SmV-NTNF (4'i,169) gallons. Repeated sanitary sewer delivery greater than the established average monthly demand may result in termination of service. (H). COMPANY agrees that during periods when the CITY'S collection system is sutchatg{!d, the CITY may require the suspension of use of the sanitary Sewer system for periods rtbt to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatinent capacity to meet the needs of the citizens of La Porte. (J). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L ). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. e e 4 (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by CaMP ANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's deveiopment project may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. v. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solely at the expense of CaMP ANY. CaMP ANY shall own and maintain all service lines and plumbing facilities. VI. CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or service lines within Bayport North Industrial Park. In the event a State or Harris County license, permit, or peHnission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VIT. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notifY CaMP ANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. vrn. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by CaMP ANY. CITY will provide CaMP ANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. e e 5 IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. x. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective the ~(gfl-- day of ~!.sf ,2002. C~L &:,Js:ra-uc"t'rU;...b(p , By ~~A'tY~o.J~ Title~~~ ~!t~ Address1'h~ oi. .' ~-= CITY OF LA PORTE ATTEST: LjrJ f/Jf/Jaf).lf'fiJiI Martlia A. Gillett City Secretary d AP~.. ,4'/ - / ~;( ~ ~ Knox W. Askins City Attorney BY~ /'-. -::r o~ (I J~ y. ns ~iU) City anager . e 6 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated Initial: CITY~ COMP ANY ---f!!J- ADDITIONAl. RFQI fTRFMENTS The Agreement is amended and supplemented to include the following agreement of the parties. COMP ANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMP ANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMP ANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) Sampling Well: COMP ANY shall install a sanitary sewer sampling well in accordance with CITY's ' standards. 4) Industrial Waste Permit: COMPANY shall submit application to CITY for industrial waste permit. e e EXHIBIT "F" Area Map e e e EXHIBIT "A" Ordinance for Industrial District Agreement e e -f\l ~ ORDINANCE NO. 2000-IDA-Lf AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL CONSTRUCTORS, LTD. (SULZER, INC., LESSEE), 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. GSL CONSTRUCTORS, LTD 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, thi~~ day of ~~ I 2002. By: CITY OF LA PORTE /~-y~/~ Ncfrman ~ Mayor ATTEST: Aa;w d Knox W. Askins I City Attorney 2 e e EXHIBIT "B" Industrial District Agreenlent e e NO. 2000-IDA-Ji~ STATE OF TEXAS COUNTY OF HARRIS INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE I TEXAS I a municipal corporation of Harris County I Texasl hereinafter called "CITY"I and GSL CONSTRUCTORS I LTD. (SULZERI INC. I Lessee) hereinafter called "COMPANY" I WIT N E SSE T H: WHEREAS I it is the established policy of the City Council of the City of La Portel Texasl 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 thereinl 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 I pursuant to its policYI City has enacted Ordinance No. 7291 designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Portel Texas"l and Ordinance No. 842AI designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Portel Texas"l hereinafter collectively called "District"l such Ordinances being in compliance with the Municipal Annexation Act of Texas I codified as Section 42.0441 Texas Local Government Code; and WHEREAS I Company is the owner of land within a designated Industrial District of the City of La Porte I 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 l'B"1 which plat describes the ownership boundary lines; a site layout I showing all improvements I including pipelines and railroadsl and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS I 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 I THEREFORE I 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 I 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 it s 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 unannexed area shall be conducted by City, at City!s expense! by an independent appraiser of City! s selection. The parties recognize that in making such appraisal for "in lieull 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 Landr improvementsr and tangible personal property in the annexed portionr for ad valorem tax purposes. III. A. On or before April 15r 2001r and on or before each April 15th thereafterr unless an extension is granted in accordance with the Texas Property Tax Coder through and including April 15r 2007r 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 r stating its opinion of the Propertyrs market valuer and being sworn to by an authorized officer of the Company authorized to do sOr or Companyrs duly authorized agent r (the Companyr s IIRendition"). Company may file such Rendition on a Harris County Appraisal District rendition formr 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 1r 2r and 3 of subsection Dr of this Paragraph III (sometimes collectively called the "Property"); providedr howeverr 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 paragraphr 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 renditionr 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 bailmentr leaser consignmentr or other arrangement with Company ("products in storage") r and are in the possession or under the management of Company on January 1st of each Value Yearr further giving a description of such products in storage. C. On or before the later of December 31r 2001r or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafterr through and including December 31r 2007r Company shall pay to City an amount "in lieu of taxes" on Companyr s Property as of January 1st of the current calendar year (IIValue Year") . D. Company agrees to render to City and pay an amount II in lieu of taxes II on Companyr s Landr 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 Companyrs Land and improvements which existed on January 1r 2001r and each January 1 thereafter of the applicable Value Year during the term of this Agreementr (excluding amounts payable pursuant to subparagraph 2r below), had been within the corporate limits of City and appraised 3 e e each year by Cityrs independent appraiserr in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Landr improvements, and tangible personal property (excluding inventory) dedicated to new constructionr in excess of the appraised value of same on January 1r 2000r resulting from new construction (exclusive of construction in progressr which shall be exempt from taxation) r for each Value Year following completion of construction in progressr 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 Cityrs independent appraiser r in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Landr improvements r and tangible personal property (excluding inventory) as used in subparagraph 2(a) abover is defined as an increase in value that is the lesser of either: i. at least Five peicent (5%) of the total appraised value of Land and improvementsr on January 1r 2000; or ii. a cumulative value of at least $3r500rOOO.00. For the purposes of this Agreementr multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (e) If existing Property values have depreciated below the Property value established on January 1r 2000r 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 1r 2000r value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Companyrs tangible personal property of every descriptionr located in an industrial district of CitYr includingr without limitationr inventorYr oilr gasr and mineral interestsr items of leased equipmentr railroadsr pipelinesr and products in storage located on the Landr if all of said tangible personal property which existed on January 1r 2001r and each January 1 thereafter of the applicable Value Year during the term of this Agreementr had been within the corporate limits of City and appraised each year by the Cityrs independent appraiserr 4 e e in accordance with the applicable provisions of the Texas Property Tax Code. with the sum of 1 r 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 r 2001 r and continuing thereafter until December 31 r 2007r unless extended for an additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; providedr howeverr that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31r 2007r the agreement of City not to annex property of Company within the District shall terminate. In that eventr City shall have the right to commence immediate annexation proceedings as to all of Companyrs property covered by this Agreementr notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, Section 42.044r Texas Local Government Coder is amended after January 1r 1994r 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 landr 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 1r 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 hereofr 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 providedr at least the total of (a) the total amount of ad valorem taxes on the annexed portionsr plus (b) the total amount of the "in lieu of taxes II on the unannexed port ions of Companyr 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 determinedr either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversYr then within thirty (30) days thereafter Company shall make payment to City of any additional payment due hereunder based on such final valuationr together with applicable penaltiesr interestsr 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) r Company shallr within twenty (20) days of receiving such COPYr give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time periodr 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 Companyrs 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 Companyr s property for "in lieull purposes hereunder. Ifr after the expiration of thirty (30) days from the date the notice of disagreement was received by CitYr the parties have not reached agreement as to such market valuer 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 CompanYr Company agrees to pay to City on or before December 31 of each year during the term hereofr at least the total of (a) the ad valorem taxes on the annexed portionsr plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Companyr s valuations rendered and/or submitted to City by Company hereunderr or the total assessment and lIin lieu of taxes" thereon for the last preceding yearr whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by CompanYr one by CitYr and a third to be named by those two. In case of no agreement on this arbitrator in 10 daysr 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 whor (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 Companyr 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 part ies! subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171! "General Arbitrationll! 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 II 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 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 Janu~ry! 2001. GSL~STRUCTORS! LTD. BY'~edN~~~~~ Tit 1 e -L.o,J ST Que:..- T1'D~ H.A....J (i,.. ~~ 'l~;SS : ~-:~~fi~4-,~![$ ~) ATTEST: ~cw!Joj!{ .~- Cit Secretary By: By: Manager Askins Attorney of La Porte P.O. Box 1218 La Porte, TX 77572-1218 CITY OF LA PORTE P.O. Box 1115 La Porte! TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471-2047 8 e e "EXHIBIT A" (Metes and Bounds Description of Land) 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 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. . 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 adj acent 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 bv the DrODertv owners. e e "EXHIBIT C" Page 2 of 2 c) A screening planr to be approved by the citYr that includes a combination of trees r shrubs r and ground cover that after 5 years growth will be at least 20 feet in height and shallr together with shrubs and ground coverr create a continuous visual screen. providedr howeverr in public utility easements or rights-of-waYr the vegetation shall be installed and maintained in a manner which is acceptable to the public utility companYr and does not interfere with the operation and maintenance of the public utility facilities. For items band c above r 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 50r stripr along the entire roadway frontager 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 r landscape easement is not available or practical r 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 and regulations of the Texas Department of Transportation and provisions of the cityrs Code of Ordinancesr 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 Cityrs Code of Ordinancesr 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 EXHIBIT "C" Ordinance for Water & Sanitary Sewer Service Agreements e e ORDINANCE NO. 2002-d--5'~O , . AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL CONSTRUCTORS, LTD. (SULZER, INC., LESSEE), 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 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! 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. "\ 'l e e PASSED AND APPROVED, thi~~ day Of~, 2002. CITY OF LA PORTE By, &~C1J:/~ Mayor ATTEST: ~~a j/LI1d Mar ha A. Gillett City Secretary APPL/: _ j}( ~Z;J Q~ Knox W. Askins! City Attorney 2 e e EXHIBIT "D" Water Service Agreement e e 1 STATE OF TEX..t\S S COUNTY OF HARRIS S \-VATER SERVICE 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 GSL CONSTRUCTORS, LTD., (SULZER, INC.) hereinafter called "COMPANY". 1. COMPANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. n. CaMP ANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. CaMP ANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: III. CaMP ANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. e e 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 4" Number of Contract Employees on site " Total on-site Employees "0 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) ? 100 , *Potable Water Approved for Industrial Processes (gpd) ? 000 , Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 4100 , N. CITY has determined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the tollowing terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ " 000 , (B) Potable water used for Industrial Processes shall be limited to the following: RlIl1c1ine fire ~prinkler (c1e~ienecl for orclimny h373rcl grOllp?, 1'iO-4"0 epm), I:mcl~c'3pe irrie3tion (C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) Where applicable, COMPANY shall also pay to CITY $ Nt A for installation of utility mains funded by other parties. as a pro-rata reimbursement (E) The total amount of potable water approved (average daily demand) is established at FOl JR THOlTSANf> FIVE HlTNDRED (4,500) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY, plus any amount approved for e e 3 industrial processes. (F) The average monthly demand of ONE HTTNDRF.T1 THfRTY-SEVEN THOTTSAND TWO HT TNDRFD FIFTY (117)'50) gallons is established by multiplying the average daily demand by a factor of30.5, which shall be used to facilitate service billings. (G) The cost of water up to the average monthly demand of ONE HTTNDRED THIRTY-SEVEN THOTTSAND TWO HTTNDRED FIFTY (117,2'50) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of ONE HTTNDRED THTRTY-SEVEN THOTTSAND TWO HTTNDRFD FIFTY (117)'50) Repeated consumption greater than the established average monthly demand may result in termination of service. (1) CITY shall have the right to intenupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. e e 4 (M)COMP ANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the fumishing of potable water to customers within the corporate limits of CITY. (N) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications fOf the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (0) A reduced pressure zone backtlow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (P) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility for its water mains, and service lines e e 5 up to and including CITY'S water meter. In the event a State or Harris County license, permit, or pennission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VIT. CITY reseIVes the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to obseIVe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VITI. CITY reseIVes the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPA1'N shall have the opportunity to cure any defects. Failure to correct defects within ten~ (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COJ\lIP ANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Water SeIVice Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall tenninate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. e ENTERED INTO effective the~ day of CITY OF LA PORTE ATTEST: ~~e~M City Secretary APPROVED: .~~/~( ~k~ Knox W. Askins City Attorney City Attorney PO Box 1218 La Porte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 e 6 By: 4()::l1 , 2002. ~1 ioN 5'ft2<.J<--WZ~ 4-0 Company NBt:L~~"~ T~e~~c~ ~ Address:. ... :-'t>;...j"> )C~ ~ I ~'L~ /",y OF LA POR~ BY) 7NaA.. ~ {Nonnan L. Malone Mayor By: City of La Porte PO Box 1115 La Porte, TX 77572-1115 Phone: (281) 471-5020 Fax: (281) 471-7168 e e 7 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated ,.'. CITY COMPANY ADDITIONAl. REQTTrnFMRNTS The Agreement is amended and supplemented to include the following agreement of the parties. COMP ANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of C011.P ANY, undertaken to induce CITY to sell water to C011.P ANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMP ANY are an integral part of the consideration by C011.P ANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: C011.P ANY shall submit a Landscaping Plan subject to approval by CITY. C011.P ANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water servIce. e e EXHIBIT "E" Sanitary Sewer Service Agreement e e 1 STATE OF TEXAS 9 COUNTY OF HARRIS 9 SANITARYSEWERSERTICEAGREE~NT (for Companies located in Bayport North Industrial Park) 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 GSL CONSTRUCTORS, LTD., (SULZER, INe.) hereinafter called "COMPANY". I. COMPANY is the owner of certain real property, which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. n. COMPANY is desirous of purchasing sanitary sewer service from CITY fur usual human domestic uses. COMPANY recognizes that CITY cannot at this time provide pennanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration offurnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: m. COMP ANY- has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. e e 2 Upon review of these representations, the City has determined the following. Number of Employees on-site 4S Number of Contract Employees S Total on-site Employees so Sanitary Sewer Desired for Domestic Use (T otal on-site times 50 gpd per employee) 2 SOO , Sanitary Sewer Approved for Industrial Processes (gpd) o Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) '2 SOO , IV. CITY has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMP AiD based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative cormection charge of $ S 000 , (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at TWO THOTTSANn FTVF. HlTNnRFD (2,SOO) gallons per day. This number is based on an average offifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor onO.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of STXTY-FOTJR THnllSANn FlrTHT HI JNnRFn TH1RTFFN (M)~11) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F). The cost of sanitary sewer service for amounts in excess of the established average monthly e e 3 demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average montWy demand of STXTY-FOTTR THOTJSAND ETGHT ffiJNDRRD THTRTRFN (()4)~11) gallons. Repeated sanitary sewer delivery greater than the established average montWy demand may result in tenni.J.iation of service. (H). COMPANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (1). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. e e 4 (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by CaMP ANY to serve ether pa..'1:ies. (0). COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development project may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the CaMP ANY'S facilities shall be solely at the expense of CaMP ANY. CaMP ANY shall own and maintain all service lines and plumbing facilities. VI. CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or service lines within Bayport North Industrial Park. In the event a State or Harris County license, pennit, or pennission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VIT. CITY reseIVes the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. \\tnen exercising its right of entry, CITY shall notify CaMP ANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide CaMP ANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. e e 5 IX. Upon receipt of written notice of termination, CaMP ANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the trans~ is not complete within said six-month period, CITY shall have the right to terminate sanitary s1wer service at its sole discretion. x. In the event of any conflict between the tem1S ai'1d provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitaty Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective thdlo4- day of ~ LOr , 2002'J /. /' '1f,L (e,JST/Ux:.(eJfl5 brn Co By: CITY OF LA PORTE ATTEST: --1i fJAJ1~ a, jf AJJi/' Mart A Gillett City Secretary , ~.~ I{ OF LA ~RTE, BY~~~~___ orman L. Malone Mayor Knox W. Askins City Attorney e e 6 This is EXHIBIT A, consisting of 1 page, reterred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated Initial: ~~:!rr71=) COMPrli'l ~ ADDlTlONAl. RRQITTREMENTS The Agreement is amended and supplemented to include the following agreement of the parties. CaMP ANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of CaMP ANY, undertaken to induce CITY to sell water andior sanitary sewer to COMPMY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by CaMP ANY are an integral part of the consideration by CaMP ANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. CaMP ANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: CaMP ANY shall submit a Landscaping Plan subject to approval by CITY. CaMP ANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) Sampling Well: CaMP ANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) Industrial Waste Permit: corvlP A1'N shall submit application to CITY for industrial waste permit. e e EXHIBIT "F" Area Map e e EXHIBIT "A" Ordinance for Industrial District Agreenlent e '. e ORDINANCE NO. 2000-IDA-&5 f , ; / AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL CONSTRUCTORS, LTD. (UNITED ENVIRONMENTAL SERVICES, LESSEE), 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. GSL CONSTRUCTORS! LTD 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~ay of ATTEST: ~~ C{ }{Jj1JJ Mart A. Gillett City Secretary APPROVED: . ~ ~ z2;;#d~~ Knox W. Askins! City Attorney By: CITY OF LA PORTE ~~~ / /timan . a 0 e I Mayor 2 , 2002. e e EXHIBIT "B" Industrial District Agreement e e NO. 2000-IDA-U5 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 GSL CONSTRUCTORS! LTD. (UNITED ENVIRONMENTAL SERVICES! Lessee) 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 within a designated Industrial District of t.he City of La Porte! said land being legally described on the attached Exhibit IIA" (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 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! 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 unannexed area shall be conducted by city! at City!s expense! by an independent appraiser of City! s selection. The parties recognize that in making such appraisal for "in lieu" payment purposes! such appraiser must of necessity appraise the entire (annexed and unannexed) Land! improvements, and tangible personal property. 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 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 "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 (IIValue 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) 1 had been within the corporate limits of City and appraised 3 e e each year by Cityrs independent appraiserr in accordance with the applicable provisions of the Texas Property Tax Code; and 2. (a) On any Substantial Increase in value of the Landr improvements r and tangible personal property (excluding inventory) dedicated to new constructionr in excess of the appraised value of same on January 1, 2000r resulting from new construction (exclusive of construction in progressr which shall be exempt from taxation) r for each Value Year following completion of construction in progressr 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 Cityrs independent appraiserr in accordance with the applicable provisions of the Texas Property Tax Code. (b) A Substantial Increase in value of the Landr improvements r and tangible personal property (excluding inventory) as used in subparagraph 2(a) abover 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 improvementsr on January 1, 2000; or ii. a cumulative value of at least $3r500rOOO.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, 2000r 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 1r 2000r value; and 3. Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Companyrs tangible personal property of every descriptionr located in an industrial district of CitYr including, without limitationr inventory, oil, gas, and mineral interestsr items of leased equipment, railroadsr pipelinesr and products in storage located on the Landr if all of said tangible personal property which existed on January 1r 2001r 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 cityrs independent appraiserr 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 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 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 determinedr either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversYr then within thirty (30) days thereafter Company shall make paYment to City of any additional paYment due hereunder based on such final valuationr together with applicable penaltiesr interestsr and costs. B. Should Company disagree with any appraisal made by the independent appralser selected by City pursuant to Article II above (which shall be given in writing to Company) r Company shall r within twenty (20) days of receiving such COPYr give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time periodr 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 disagreementr Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Companyrs 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. Ifr after the expiration of thirty (30) days from the date the notice of disagreement was received by CitYr the parties have not reached agreement as to such market valuer 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 CompanYr Company agrees to pay to City on or before December 31 of each year during the term hereofr at least the total of (a) the ad valorem taxes on the annexed portionsr plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Companyr s valuations rendered and/or submitted to City by Company hereunderr 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 CompanYr one by CitYr and a third to be named by those two. In case of no agreement on this arbitrator in 10 daysr 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 r (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 II 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 opinionr and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the partiesr subject only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171r "General Arbitration"r 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 Companyrs above described property r all improvements thereon, and all tangible personal property thereonr 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 CompanYr and upon Companyr s successors and assignsr affiliates and subsidiaries, and shall remain in force whether Company sellsr assignsr or in any other manner disposes ofr either voluntarily or by operation of lawr 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) daysr with full particulars as to property assigned and identity of assigneer of any disposition of the Landr 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 effectr which contains terms and provisions more favorable to the landowner than those in this Agreementr 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 termsr considerations and conditions set forth herein are lawfulr reasonabler appropriate, and not unduly restrictive of Companyrs business activities. without such agreement neither party hereto would enter into this Agreement. In the event anyone or more wordsr phrasesr clausesr sentences, paragraphsr 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. By: ADDRESS: ~~_sy;~~.J <;',,'~L ?-32 ATTEST: c;;a(jJJ:iJ~ ##II' Cit Secre ary By: CI~. OF I.A PORTE ~ ?4~~~ /N rman L. ~alon Mayor Aa4 a/ tt:;_~~ Knox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte! TX 77572-1218 By: a -:JDVt 1\ 'jbU 115 CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 Phone: Fax: (281) 471-1886 (281) 471-2047 8 e e nEXHIBIT An (Metes and Bounds Description of Land) 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 "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 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. . 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 adj acent 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 r that includes a combination of trees r shrubs r and ground cover that after 5 years growth will be at least 20 feet in height and shallr together with shrubs and ground cover, create a continuous visual screen. providedr 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 companYr and does not interfere with the operation and maintenance of the public utility facilities. For items band c above r 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 50r stripr along the entire roadway frontager 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 r 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 and regulations of the Texas Department of Transportation and provisions of the cityrs Code of Ordinancesr 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 cityrs 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 .~ ORDINANCE NO. 2002- ~5~l ~ AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL CONSTRUCTORS, LTD. (UNITED ENVIRONMENTAL SERVICES, LESSEE), 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 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, 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. e e PASSED AND APPROVED, this~day of ~, 2002. CITY OF LA PORTE By, J!tu(~/ ~rman L. Malon! Mayor ATTEST: ~~ ~~(:I!(lI city Secretary APPR~D : ~U;; Knox W. Askins! City Attorney 2 e e EXHIBIT "D" Water Service Agreement e e 1 STATE OF TEXAS S COUNTY OF HARRIS S WATER SERVItE 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 GSL CU"NStJ1UCTORS, LTD., (UNITED ENVIRONMENTAL SERVICES, LESEE) hereinafter called "COMPANY". I. CaMP ANY is the owner of certain real property which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. CaMP ANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and for limited industrial processes as hereinafter stated. Previous planning considerations for the long-range potable water supply of CITY did not include the needs of property located outside the city limits of CITY. COMPANY recognizes that CITY cannot at this time provide permanent and unlimited water service. CITY agrees, however, to provide limited potable water service to COMPANY. For and in consideration of furnishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: ill. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. e e 2 Upon review of these representations, the City has determined the following: Number of Company Employees on site 40 Number of Contract Employees on site 10 Total on-site Employees ')0 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) ? ')00 , *Potable Water Approved for Industrial Processes (gpd) ? ')00 , Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) ') 000 , IV. CITY has determined that adequate facilities are available to CITY to furnish potable water to CaMP ANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ ') 000 , (B) Potable water used for Industrial Processes shall be limited to the following: *Rnilcline fin~ sprinkler (clp.~ienp.cI for orclimuy h~z~rcl er01lp /., 1')0-4')0 epm), I~ncl~c~pe irrieation (C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved by City. (D) Where applicable, COMPANY shall also pay to CITY $ N/ A as a pro-rata reimbursement for installation of utility mains funded by other parties. (E) The total amount of potable water approved (average daily demand) is established at :EIYE THOTTSAND (5,000) gallons per day. This number is based on an average offifty (50) gallons per employee per day established by CITY, plus any amount approved for industrial processes. e e 3 (F) The average monthly demand of ONF HTTNnRFD FIFTY-TWO THOTTSANO FTVF HTTNnRFD (1 )?, )00) gallons is established by multiplying the average daily demand by a factor of 30.5, which shall be used to facilitate service billings. (G) The cost of water up to the average monthly demand of ONF HTTNnRFD FIFTY-TWO THOTTSANO FTVF HTTNnRFD (1 )7, )00) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (II) The cost of water for amounts used in excess of the established average monthly demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average monthly demand of ONF. HTTNnRFD FIFTY-TWO THOTTSANO FTVF HTTNnRFD (1 )7,)00) gallons. Repeated consumption greater than the established average monthly demand may result in tennination of service. (1) CITY shall have the right to intenupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (1<) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. (M)COMP ANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the . . 4 furnishing of potable water to customers within the corporate limits of CITY. (N) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of potable water to COMPANY. (0) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY to protect CITY from any possible cross-connections. (P) The potable water supply system will be segregated from any existing and future COMPANY fire protection system. (Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (R) COMPANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility for its water mains, and service lines up to and including CITY'S water meter. In the event a State or Harris County license, permit, or . e 5 permission to install the water main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S water facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notifY COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. X. In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. . e 6 ENTERED INTO effective the 2-&JL day of ~ WI , 2002. L: S L ~rJ<;.-r1UJC\C?(2..-S L.,-o , Com any By: Name: 0 . .A..,..,... Title: Co~ ~>JA~~ Address: C;. 12.- . ~\J~ 't"{.... ~ u .., 01~ CITY OF LA PORTE ATTEST: ~fJ.~14 Martha A Gillett City Secretary d APP~: r U&U-J t/1 ;t;~ Knox W. Askins City Attorney $YOFLAPOR.~ By' ~~ ~ Norman L. Malone Mayor City Attorney PO Box 1218 LaPorte, TX 77572-1218 City of La Porte PO Box 1115 LaPorte, TX 77572-1115 Phone: (281) 471-1886 Fax: (281) 471-2047 Phone: (281) 471-5020 Fax: (281) 471-7168 . e 7 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated CITY ~ COMP ANY(f!!JJ- ADDITIONAl. RFQITTRFMFNTS The Agreement is amended and supplemented to include the following agreement of the parties. COMP ANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMP ANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMP ANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMP ANY shall submit a Landscaping Plan subject to approval by CITY. COMP ANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. . e EXHIBIT "E" Sanitary Sewer Service Agreement . e 1 STATE OF TEXAS ~ COUNTY OF HARRIS S SANITARY SEWER SERVicE AGREEMENT (for Companies located in Bayport North Industrial Park) This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a . . mutiitipal corporation of Harris County, Texas, hereinafter called "CITY", and GSL CdNSmUCTORS, LTD., (UNITED ENVIRONMENTAl. SERVICES, LESSEE) hereihafter called "COMPANY". I. CaMP ANY is the owner of certain real property, which is situated in CItY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and CaMP ANY are parties to a current Industrial District Agreement. II. COMPANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. CaMP ANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration of furnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: III. CaMP ANY has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. . e 2 Upon review of these representations, the City has detennined the following. Number of Employees on-site 40 Number of Contract Employees 10 Total on-site Employees ~o Sanitary Sewer Desired for Domestic Use (tdtal on-site times 50 gpd per employee) :7. ~OO , Sanitary Sewer Approved for Industrial Processes (gpd) o Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) :7. ~oo , IV. CITY has detennined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $ ~ 000 , (B). COMPANY shall file an application for sanitary sewer service with CITYS Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at TWO THOTTSAND FIVE HTTNnRFD (?,~OO) gallons per day. This number is based on an average of fifty (50) gallons per employee per day established by CITY. (D). The average monthly demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average monthly demand of STXTY-FOTJR THOTTSAND FTGHT HTTNDRFD THIRTEFN (64,Rl1) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F). The cost of sanitary sewer service for amounts in excess of the established average monthly . e 3 demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average montWy demand of SIXTY-FOTTR THOTTSAND FIGHT T-ttJNDRED THIRTEEN (n4)~11) ga1lons. Repeated sanitary sewer delivery greater than the established average month1y demand may result in terrhin~tion of service. (R). CO.MP ANY agrees that during periods when the CITY'S collection system is surcharged, the CITY may require the suspension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to CO.MP ANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article II of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITYS engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. . e 4 (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing the total a9reage of the tract including present and proposed improvements and a suitable location map of the site. Company's deve10pment project may be subject to certain additional requiremehts as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMPANY'S facilities shall be solety at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or service lines within Bayport North Industrial Park. In the event a State or Harris County license, peI1I1it, or peI1I1ission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANY'S sanitary sewer facilities, and to observe compliance with the tenus and conditions of this Agreement. When exercising its right of entry, CITY shall notify COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMPANY'S facility. vrn. CITY reserves the right to terminate this agreement in the event of violation of the tenus and provisions hereof by COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in teI1I1ination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. . e 5 IX. Upon receipt of written notice of termination, CaMP ANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to tenmnate sanitary sewer service at its sole discretion. x. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective th;)JrjL day of ~ 2002. 6l"~L ~~ILOC.ibltt bra. , C,7JJ . By a~~~J~ Title~~:~~ ~~~~lil? Address:~~;;,.J ~~.~~{%"~T-t~ CITY OF LA PORTE ATTEST: vp{~.0 I J<tuJI/ Martha A. Gillett City Secretary CITY OF LA PORTE BY~~ / orman. Malone Mayor ~AI~~ Knox W. Askins City Attorney . e 6 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated crry~l: COMP~ ADDITIONAl, RFQITTREMFNTS The Agreement is amended and supplemented to include the following agreement of the parties. COMP ANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMP ANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMP ANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) Sampling Well: COMP ANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) Industrial Waste Permit: COMP ANY shall submit application to CITY for industrial waste permit. . e EXHIBIT "F" Area ~1ap . e EXHIBIT "A" Ordinance for Industrial District Agreement . . ORDINANCE NO. 2000-IDA-~~ AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH GSL CONSTRUCTORS, LTD. (TYCO VALVE & CONTROLS, LESSEE), 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. GSL CONSTRUCTORS! LTD 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 PASSED AND APPROVED, this~~day Of~~ ATTEST: CITY OF LA PORTE By, 11~~~ ~o man L. Ma on ! Mayor Lf!2 (){fffj).II:dL11- Mar ha A. Gil ett City Secretary APPROVED: ~zJ Kriox W. Askins! city Attorney 2 ! 2002. . e EXHIBIT "B" Industrial District Agreement . e NO. 2000-IDA-~ 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 GSL CONSTRUCTORS! LTD. (TYCO VALVE & CONTROLS! Lessee) 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 within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "BII! 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 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' 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 unannexed area shall be conducted by City, at city's expense! by an independent appraiser of City! s selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land! improvements! and tangible personal property. 2 . 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 I 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 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 "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 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 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 . . 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 I! 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 city in accordance with the 5 . - 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 determinedr 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 valuationr together with applicable penaltiesr interestsr 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) r Company shallr within twenty (20) days of receiving such COPYr give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time periodr 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 Companyrs 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 Companyr s property for "in lieu" purposes hereunder. Ifr after the expiration of thirty (30) days from the date the notice of disagreement was received by CitYr the parties have not reached agreement as to such market valuer 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 CompanYr Company agrees to pay to City on or before December 31 of each year during the term hereofr at least the total of (a) the ad valorem taxes on the annexed portionsr 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 hereunderr or the total assessment and "in lieu of taxes" thereon for the last preceding yearr whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by CompanYr one by CitYr and a third to be named by those two. In case of no agreement on this arbitrator in 10 daysr 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 r (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 Companyr 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 . ~ expert opinionr and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties r subj ect only to judicial review as may be available under the Texas General Arbitration Act (Chapter 171r "General Arbitration"r Texas civil Practice and Remedies Code). Costs of the arbitration shall be shared equally by the Company and the city r provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Companyrs above described propertYr all improvements thereonr and all tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunderr which shall accrue penalty and interest in like manner as delinquent taxesr 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 r and upon Companyr s successors and assigns, affiliates and subsidiariesr and shall remain in force whether Company sellsr assignsr or in any other manner disposes of, either voluntarily or by operation of lawr all or any part of the property belonging to it within the territory hereinabove describedr and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territorYr for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) daysr with full particulars as to property assigned and identity of assigneer of any disposition of the Landr 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 Agreementr 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 lawfulr reasonabler appropriater and not unduly restrictive of Companyrs business activities. without such agreement neither party hereto would enter into this Agreement. In the event anyone or more wordsr phrasesr clausesr sentences, paragraphsr sections, articles or other parts of this Agreement or the application thereof to any personr firm, 7 . 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. By: ADDRESS: ~I~~. ~""4,S~,+"ft. ~ ATTEST: '1!J flJJiJy. (l. ~ ' Clt Secretary CITY OF LA PORTE BY'~#0~ ~orman J. alone Mayor APP~OVED' '.-7. / / t4~/Y [ Kriox W. Askins City Attorney City of La Porte P.O. Box 1218 La Porte, TX 77572-1218 I / By: 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" (Metes and Bounds Description of Land) . 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 DEXHIBIT C" 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. . 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 adj acent 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 C" Page 2 of 2 c) A screening plan, to be approved by the City r that includes a combination of trees r shrubs r and ground cover that after 5 years growth will be at least 20 feet in height and shallr together with shrubs and ground coverr create a continuous visual screen. providedr howeverr in public utility easements or rights-of-waYr the vegetation shall be installed and maintained in a manner which is acceptable to the public utility companYr and does not interfere with the operation and maintenance of the public utility facilities. For items band c above r 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 50r stripr along the entire roadway frontager 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 r landscape easement is not available or practical r 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 and regulations of the Texas Department of Transportation and provisions of the cityrs Code of Ordinancesr 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 Cityrs Code of Ordinancesr 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 EXHIBIT "C" Ordinance for Water & Sanitary Sewer Service Agreements e ~ . e ORDINANCE NO. 2002 - c.Aj'<t a, AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT AND A SANITARY SEWER SERVICE AGREEMENT BETWEEN THE CITY OF LA PORTE AND GSL CONSTRUCTORS, LTD. (TYCO VALVE & CONTROL, LESSEE), 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 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, 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. e e PASSED AND APPROVED, thi:;2..h!l--day Of~' 2002, CITY OF LA PORTE By: ~~~ N rman L. a net Mayor ATTEST: 1m~", (), ~uj ar a A. Gillett City Secretary APPROVED: ~~ Knox W. Askins! City Attorney 2 e e EXHIBIT "D" Water Service Agreement e e 1 STATE OF TEXAS S COUNTY OF HARRIS S WATER SERVICE 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 GSL CONSTRUCTORS, LTD., (TYCO VALVE & CONTROLS, LESSEE) hereinafter called "COMPANY". 1. COMPANY is the owner of certain real property which is situated ih CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and tbMP ANY are parties to a current Industrial District Agreement. It COMPANY is desirous of purchasing potable water from CITY for usual human domestic consumption and uses, and for limited industrial processes as hereinafter stated. Previous platiliing considetatiorts fut the long-range potable water supply of CITY did not include tHe needs of pttJperty located outside the city limits of CITY. COMPANY recognizes that CITY cannot ~t this tIrrie tm:lvide , I permanent arid utilirrlited, water service. CITY agrees, however, to provide litrtited potable water service to CdMPANY. Por and in consideration offumishing domestic potable water by CITY, the parties hereto agree as follows, to-wit: ill. COMPANY has made certain representations to CITY as to its number of employees, and/or its desired amount of potable water for limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. e e 2 Upon review of these representations, the City has detennined the following: Number of Compahy Employees on site 4'1 Number of Contract Employees on site o Total on-site Employees 4'1 Potable Water Approved for Domestic Use (Total on-site Employees times 50 gpd per employee) *Potabie Water Approved for Industrial Processes (gpd) ? ?10 , ? 000 , Total Amount of Potable Water Approved for Company (Average Daily Demand, gpd) 4 ?'i0 , IV. CITY has detennined that adequate facilities are available to CITY to furnish potable water to COMPANY based on the following terms and conditions, to-wit: (A) Company shall pay to CITY a one-time administrative connection charge of $ 'I 000 , (B) Potable water used for Industrial Processes shall be limited to the following: *RlIikline fire sprinkler (cle~ienecl for orclimny h:m'lrcl erOllp?, 1'10-4'10 epm), l:mcl~c::tpe inie::ttion (C) COMPANY shall file an application for water service with CITY'S Utility Billing Division and pay appropriate deposit and water meter charge. CITY shall be responsible for furnishing and installing meter at Company's expense. COMPANY shall be responsible for installing appropriate meter box to be approved byCity. (D) Where applicable, COMPANY shall also pay to CITY $ Nt A for installation of utility mains funded by other parties. as a pro-rata reimbursement (E) The total amount of potable water approved (average daily demand) is established at FOl JR THOlTSAND TWO HUNDRED FTFTY (4,250) gallons per day. This number is based on an average offifty (50) gallons per employee per day established by CITY, plus any amount approved e e 3 for industrial processes. (F) The average montWy dtimand of ONE HITNTJRFD TWFNTY-NtNP. mnnSAND STX HI TNl1RF.D TWFNTY-FtvF (1 ?9J1?'i) gallons is established by multiplying the ave~age daily demat1d by a factor of30.5, which shall be used to facilitate service billings. (G) the cost of water tip to the average monthly demand of ONF. HIJNDRFD TWFNTY-NtNF ntntrSANh SIX t-ttTNnRFD TWF.NTY-FTVF. (1?9J1?'i) gallons shall be orie hundred t1fty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (H) The cost of water for amounts used in excess of the established average montWy demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (I) Nothing contained in this Agreement shall obligate CITY to furnish more than the average montWy demand ofONF. HIJNDRFD TWF.NTY-NTNE THOTTSAND STX HIJNDRFD TWF,NTY-FTVF (1 ?9,f;2';). Repeated consumption greater than the established average montWy demand may result in termination of service. (1) CITY shall have the right to interrupt or temporarily suspend said water service to COMPANY if an emergency arises and there is not an adequate water supply to meet the needs of the citizens of La Porte. (K) CITY reserves the right to enforce its drought contingency plan on all water customers at CITY'S sole discretion. (L) The total cost for the engineering design and construction of any potable water main, service line, back flow preventer, meter or other required appurtenances will be the responsibility of COMPANY. e e 4 (M)COMP ANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of potable water to customers within the cotporate limits of CIty (N) All plumbing installed by COMPANY connected to the domestic water line from CITY, shall meet all applicable State of texas and CiTY plumbing code requirements. CITY'S ehgirleerlli~ abd code enforcement pet-sonnel shall have the right of prior review and approval df COMPANY's plarts and specificatiotis for the plumbing system(s). CITY plumbing inspectors shall have th~ right to inspect any and all work related to the furnishing of potable water to CaMP ANY. (0) A reduced pressure zone backflow preventer shall be installed and maintained by CaMP ANY to protect CITY from any possible cross-connections. (P) The potable water supply system will be segregated from any existing and future CaMP ANY fire protection system. (Q) There shall be no resale of the water provided by CITY, nor any extension of service lines by CaMP ANY to serve other parties. (R) CaMP ANY shall submit a certified site plan showing the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development may be subject to certain additional requirements as described in Exhibit A. These requirements shall be shown on the site plan and approved by City. v. All expenses of the installation of the meter; service lines from the main to the meter; and from the meter to COMPANY'S facilities, shall be solely at the expense of CaMP ANY. COMPANY shall own and maintain all service lines and plumbing facilities beyond the meter. CITY shall own the meter. VI. CITY will have ownership and maintenance responsibility for its water mains, and service lines e e 5 up to and including CITY'S water meter. In the event a State or Harris County license, permit, or permission to install the water main is revoked, or relocation or adjustment is required, ClTY will not be responsible for the expense of such relocation, adjustment, or replacement. VIT. CITY reserves the right of entry at all reasonable times for the purpose of inspeclibn of CdMP ANY'S water facilities, and to observe compliance with the terms and conditiotis bf' this , Agreement. When exercising its right of entry, CITY shall notifY CaMP ANY in advance. city also agrees to follow established health and safety policies in effect at COMPANY'S facility. VIII. CITY reserves the right to terminate this agreement in the event of violation of the terms and provisions hereof by CaMP ANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in termination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public water supply is threatened. IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another water supply. If the transition is not complete within said six-month period, CITY shall have the right to terminate water service at its sole discretion. x. In the event of any conflict between the terms and provisions of this Water Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Water Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. e e 6 ENIERED INTO effective the ~ day of ~JJi.. , 2002. CITY OF LA PORTE ATTEST: Mart a A. Gillett City Secretary d APPROVED: f%4tJ ' ~ Knox W. Askins . City Attorney City Attorney PO Box 1218 LaPorte, TX 77572-1218 Phone: (281) 471-1886 Fax: (281) 471-2047 ~S:l ~ STIl\lCIF....U. lm Company By: Name: Title. ~ ~Il. Addressft;;~ ;~~~~~~ . . ~:;W..-- ByA Norman L. Malone Mayor City of La Porte PO Box 1115 La Porte, TX 77572-1115 Phone: (281) 471-5020 Fax: (281) 471-7168 e e 7 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated CITY M COMP ANY f/!!!) ADDTTTONAT, REQTITREMFNTS The Agreement is amended and supplemented to include the following agreement of the parties. COMPANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMP ANY, undertaken to induce CITY to sell water to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMP ANY shall submit a Landscaping Plan subject to approval by CITY. COMP ANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water "servIce. e - EXHIBIT "E" Sanitary Sewer Service Agreement e e 1 STATE OF TEXAS 9 COUNTY OF HARRIS 9 SAMITARYSEWERSE~~CEAGREEMlliNT (for Companies located in BaYPort North Industrial Park) This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a mt.uilcipal corporation of Harris County, Texas, hereinafter called "CIty", and GSL CONSTRUCTORS, L11)., (TYCO VALVE & CONTROLS, LESS~~) herei~~er 9~H~d "CdMPANY". 1. CaMP ANY is the owner of certain real property, which is situated in CITY'S Bayport Industrial District and not within the corporate limits of the CITY. CITY and COMPANY are parties to a current Industrial District Agreement. II. CaMP ANY is desirous of purchasing sanitary sewer service from CITY for usual human domestic uses. CaMP ANY recognizes that CITY cannot at this time provide permanent and unlimited sanitary sewer service. CITY agrees, however, to provide limited sanitary sewer service to COMPANY. For and in consideration offurnishing sanitary sewer service by CITY, the parties hereto agree as follows, to-wit: m. CaMP ANY has made certain representations to CITY as to its number of employees, and/or its desired amount of sanitary sewer from limited industrial processes, as of the date of this agreement, upon which representations CITY has relied in entering into this Agreement. e e 2 Upon review of these representations, the City has deterrrlined the following. Number of Employees on-site 4'; Number of Contract Employees o Total on-site Employees 4'; Sanitary Sewer Desired for Domestic Use (T otal on-site times 50 gpd per employee) 2 2~0 , Sanitary Sewer Approved for Industrial Processes (gpd) o Total Amount of Sanitary Sewer Approved by Company (Average Daily Demand, gpd) ? 7';0 , IV. ctty has determined that adequate facilities are available to allow CITY to furnish sanitary sewer to COMPANY based on the following terms and conditions, to-wit: (A). Company shall pay to CITY a one-time administrative connection charge of $ '; 000 , (B). COMPANY shall file an application for sanitary sewer service with CITY'S Utility Billing Division and pay appropriate deposit. (C). The average daily demand is established at TWO THOlTSAND TWO HUNDRED FIFTY (7)'10) gallons per day. This number is based on an average offifty (50) gallons per employee per day established by CITY. (D). The average montWy demand is calculated to be eighty-five percent (85%) of the average daily demand multiplied by a factor of30.5, which shall be used to facilitate service billings. (E). The cost of sanitary sewer service up to the average montWy demand of FTFTY-ETGHT THOlTSAND THREE HlTNDRFD THTRTY-ONE (:'iR,111) gallons shall be one hundred fifty percent (150%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. (F). The cost of sanitary sewer service for amounts in excess of the established average montWy 3 demand shall be two hundred percent (200%) of the CITY'S rate as established from time to time for commercial customers inside its corporate limits. . e (G). Nothing contained in this Agreement shall obligate CITY to furnish more than the average montWy demand of FTFTY-FTGHT THOTJSAND THREE HTTNDRFD THTRTY-ONF. (';R, 111) gallons. Repeated sanitary sewer delivery greater than the established average montWy demand may result in tetn1ihation of service. (H). colVtP ANY agrees tHat during periods when the CITY'S collection sy~u~m is surcharged, the CITY may require the sust:>ension of use of the sanitary sewer system for periods not to exceed thirty-six hours. (I). CITY shall have the right to interrupt or temporarily suspend said sanitary sewer service to COMPANY if an emergency arises and there is not an adequate sewer collection or treatment capacity to meet the needs of the citizens of La Porte. (1). COMPANY agrees that it shall be bound by CITY'S Industrial Waste Ordinance (Chapter 74, Article IT of the Code of Ordinances) and any subsequent amendments or revisions. (K). The total cost for the engineering design and construction of any sanitary sewer main, service line, lift station, meter or other required appurtenances will be the responsibility of COMPANY. (L). COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the furnishing of sanitary sewer service to customers within the corporate limits of CITY. (M). All plumbing installed by COMPANY connected to the sanitary sewer line from CITY, shall meet all applicable State of Texas and CITY plumbing code requirements. CITY'S engineering and code enforcement personnel shall have the right of prior review and approval of COMPANY'S plans and specifications for the plumbing system(s). CITY plumbing inspectors shall have the right to inspect any and all work related to the furnishing of sanitary sewer service to COMPANY. e e 4 (N). There shall be no resale of the sanitary sewer service provided by CITY, nor any extension of service lines by COMPANY to serve other parties. (0). COMPANY shall submit a certified site plan showing. the total acreage of the tract including present and proposed improvements and a suitable location map of the site. Company's development project may be subject to certain additional requirements as described in Exhibit A These requirements shall be shown on the site plan and approved by City. V. All expenses of the installation of service lines from the main to the COMP ANYS facilities shall be solely at the expense of COMPANY. COMPANY shall own and maintain all service lines and plumbing facilities. VI. CITY has no ownership and/or maintenance responsibility for the sanitary sewer mains and/or service lines within Bayport North Industrial Park. In the event a State or Harris County license, permit, or permission to install the sanitary sewer main is revoked, or relocation or adjustment is required, CITY will not be responsible for the expense of such relocation, adjustment, or replacement. VII. CITY reserves the right of entry at all reasonable times for the purpose of inspection of COMPANYS sanitary sewer facilities, and to observe compliance with the terms and conditions of this Agreement. When exercising its right of entry, CITY shall notifY COMPANY in advance. CITY also agrees to follow established health and safety policies in effect at COMP ANYS facility. VIII. CITY reserves the right to temrinate this agreement in the event of violation of the terms and provisions hereofby COMPANY. CITY will provide COMPANY with written notice of any defects and COMPANY shall have the opportunity to cure any defects. Failure to correct defects within ten (10) days may result in temrination of Agreement. CITY shall have the right to summarily correct, at COMPANY'S expense, any defect or deficiency, when in its opinion the integrity of the public sanitary sewer system is threatened. e e 5 IX. Upon receipt of written notice of termination, COMPANY shall have up to six (6) months to prepare for transition to another sanitary sewer service provider. If the transition is not complete within said six-month period, CITY shall have the right to terminate sanitary sewer service at its sole discretion. x. In the event of any conflict between the terms and provisions of this Sanitary Sewer Service Agreement and the terms and provisions of the Industrial District Agreement between the parties, the terms and provisions of the Sanitary Sewer Service Agreement shall control, to the extent of such conflict. The term of this Agreement shall terminate on December 31, 2007. However, this Agreement shall automatically expire at such time as there is no effective Industrial District Agreement between the parties or if CITY exercises its right of termination. ENTERED INTO effective th:J:&li- day of au~ ' 2002. 6<;; L ~ ~(l..vc..-,a'2..C;., Gr-o- cj}ry' ( By ~~~~W) Titletb..E~'o.J NA~tL Add;ess: -1 .. W . F/2,~ '>U'rt-i..- ~ ~/ (Y, ..,10.,a CITY OF LA PORTE (L, Marth A. Gillett City Secretary APPRpv:ED: /'. _ j ~ O~&f/ ~ Knox W. Askins City Attorney ~OFLAPORTE By 4 lNtt!b~ , ormall L. alone Mayor ATTEST: e e 6 This is EXHIBIT A, consisting of 1 page, referred to in and part of the Water Service Agreement and/or Sanitary Sewer Service Agreement between CITY and COMPANY dated ~mt1l: CITY COMP ADDITIONAl. RRQITTRRMRNTS L The Agreement is amended and supplemented to include the following agreement of the parties. COMP ANY shall provide additional improvements as specifically set forth below. These agreements represent contractual undertakings of COMPANY, undertaken to induce CITY to sell water and/or sanitary sewer to COMPANY pursuant to the terms of the Water Service Agreement and/or Sanitary Sewer Service Agreement and this addendum. Said additional improvements undertaken by COMPANY are an integral part of the consideration by COMPANY for obtaining the provision of water and/or sanitary sewer service from CITY. 1) Storm Water Plan: For new development COMPANY shall provide a Storm Water Management Plan that is approved by Harris County Flood Control District and CITY. COMPANY shall construct and maintain any storm water system as a condition of continued water and/or sewer service. 2) Beautification Efforts: COMP ANY shall submit a Landscaping Plan subject to approval by CITY. COMPANY shall install and maintain landscaping along its existing developed frontage as per approved Landscaping Plan as a condition of continued water service. 3) Sampling Well: COMP ANY shall install a sanitary sewer sampling well in accordance with CITY's standards. 4) Industrial Waste Permit: COMP ANY shall submit application to CITY for industrial waste permit. e -- EXHIBIT "F" Area Map e e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested Auftust 26, 2002 Requested By: Norman L. alone, Mayor Appropriation Source of Funds: Department: Mayor and City COWlcil Account Number: Report: Resolution: Ordinance: x Amount Budgeted: ~.... ~.. Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION Per the City COWlcil Workshop Meeting held on July 22,2002, Ordinance 2002-2583, appoints members to various boards, commissions and committees. Term appointments to expire August 31 st of the year indicated. Action ReQuired bv Council: Approved the attached Ordinance appointing members to various boards, commissions and committees. Approved for City Council Aeenda a.A... -- "",..",.., .~.Y~~..~ John Joerns, Acting City Manager ~.2..2. -02, Date e e ORDINANCE NO. 2002- B.~~J AN ORDINANCE APPOINTING MEMBERS TO VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES, OF THE CITY OF LA PORTE, PROVIDING A SEVERABILITY CLAUSE, CONTAINING A REPEALING CLAUSE, 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 of the city of La Porte hereby makes the following appointments to the Board of Adjustment, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Alternate 1 Charles Shoppe 2004 Alternate 2 George W. Maltsberger 2004 Section 2. The city Council of the City of La Porte hereby makes the following appointments to the Fire Code Review Committee of the City of La Porte, for the term beginning on the effective date hereof, and expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: District 1 Louis Heintschel 2005 District 6 Emery Farkas 2005 At Large-B Tom Handy 2005 Section 3. The City Council of the City of La Porte hereby appoints the following named persons, all of whom are residents of the City of La Porte, and no more than four of whom are elected city officials or city employees, to serve as directors of the City of La Porte Development Corporation without compensation, but with reimbursement for actual expenses, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: e e Chuck Engelken, Jr. 2003 Bruce Meismer 2004 Peter E. Griffiths 2003 William s. Love, Jr. 2004 Edward Matuszak 2003 Patricia Muston 2004 Deborah Johnson 2003 Section 4. The city Council of the City of La Porte hereby appoints the following members to the La Porte Area Water Authority, for terms expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: position 4 position 5 Chester Pool Paul Berner 2004 2004 Section 6. The city Council of the city of La Porte hereby appoints the following members to the City of La Porte Planning and Zoning Commission, for the term beginning on the effective date hereof, and expiring on August 31st of the year indicated, or until their successors shall have been duly appointed and qualified: Chairman Betty Waters 2003 District 1 Doretta Finch 2005 District 6 Ralph S. Dorsett 2005 Section 7. If any section, sentence, phrase, clause or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reasons, be held invalid, such invalidity shall not affect the remaining portions of this ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, 2 e e irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. section 8. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict only. Section 9. 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 10. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 26th day of August, 2002. By: ATTEST: 'i!l1!!':: ~i~ . 1/ ~-IjJ / Z~~ K ox W. Askins City Attorney 3 e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Reqllested Aue:ust 26~OO2 Requested By: Mayor "Norman L. lone Department: _Mayor afld City CO'ln,il Appropriation Source of Funds: Report: Resolution: Ordinance: X Account Number: Amount Budgeted: Exhibits: Ordinance Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION At the August 12,2002, City COWlcil Meeting, I recommended the appointment ofa committee to study COWlcil's present "Travel Policy" and make suggestions and/or recommendation for changes. Several citizens and local business owners were recommended to serve on the committee. City COWlcil voted to table this item Wltil the next City COWlcil Meeting. This Item is being brought back before City COWlcil for discussion and possible recommendation of a committee to review City COWlcil's Travel Policy. Action ReQuired bv Council: Authorize and approve the committee to review City COWlcil's Travel Policy. Approved for City Council Aeenda ~~;r .~"d-rw"" Norman L. Malone 3 ..t:C.O~ Date ORDINANCE NO. 2002- e 1t)8l~t 0 ~ ~V r} ~~V\~\ TO REVIEW THE COUNCIL TRA~EL OF COUNCIL SPOUSAL TRAVEL THE OPEN MEETINGS LAW, AND e AN ORDINANCE APPOINTING A COMMITTEE POLICIES, SUSPENDING CITY PAYMENT EXPENSES, FINDING COMPLIANCE WITH PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The city Council hereby appoints the following named persons to a committee to review the City Council travel expense policy ordinance, and make recommendations for revisions to such policies: , Chairman Section 2. Pending the review and revision of Council travel policies, the City shall not payor reimburse travel expenses for city Council spouses. 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. e e 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 August, 2002. CITY OF LA PORTE By: Norman L. Malone Mayor ATTEST: Martha A. Gillett City Secretary w. Askins Attorney 2 e e e e REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Requested By: ce of Funds: N/A Department: Finllnce Account Number: N/A Report: Resolution: Ordinance: Amount Budgeted: N/A Exhibits: Amount Requested: IS I,\. Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION In accordance with Article IV, Section 4.03 of the City's Charter, Council shall determine the place and time of the Public Hearing on the budget, and shall cause to be published a notice of the place and time, not less than seven (7) days after date of publication, at which council will hold a Public Hearing. Staff is recommending that a Public Hearing for the Fiscal Year 2002-2003 Proposed Budget be held on Monday, September 9, 2002, at the regularly scheduled Council meeting, which begins at 6:00 p.m. Action ReQuired bv Council: Approve the recommended date of September 9, 2002, for the Public Hearing on the City's FY 2002-2003 Proposed Budget. Approved for City Council A2enda f]~,1, !o"~ Date I ( e - NO BACKUP PROVIDED FOR THIS ITEM e . REQ&T FOR CITY COUNCIL AGIDA ITEM Appropriation Agenda Date Requested: Au Requested By: Source of Funds: N/A Department: FiD:olDl:e Account Number: N/A Report: Resolution: Ordinance: Amount Budgeted: N/ A Exhibits: Amount Requested: NIl\. Exhibits: Budgeted Item: YES NO Exhibits: SUMMARY & RECOMMENDATION The Proposed FY2002-03 Budget for the City of La Porte was presented to you last week. That proposed budget is predicated on the steps outlined during the July 15 workshop, as well as the various budget adjustments as outlined below. As discussed at the July 15 COWlcil workshop, the challenges facing medical insurance coverage for our employees are monumental. Providing adequate medical insurance to our employees and retirees is a huge responsibility. and significant steps must be taken to ensure the fiscal stability of the Employee Health Services (Medical) Fund. For the current Fiscal Year, it is anticipated that we will need to supplement the Medical Fund by as much as $1,500,000 over the current budgeted amount. Weare recommending various budget adjustments and amendments as follows: To cancel the Budgeted Operating transfer for FY2002 from General Fund to General CIP 400,000 Administrative transfer from Motor Pool to General Fund To offset costs of Employee Health Services 800,000 Administrative Transfer from Motor Pool Fund to Golf Course To refund overpayment oflease fees $22,027 Administrative Transfer from General Fund to the Computer Maintenance and Replacement Fund To transfer 2001 grant revenue for purchase of laptop computers for Patrol cars 209,274 Administrative Transfer from Economic Development Fund to General Fund Repayment of Seed money - I st of 3 payments 300,000 Administrative transfer from Hotel/Motel Fund to Sylvan Beach Fund Reimbursement of Repairs to Parking lot 69,000 Additional contribution of $1 ,000 per employee from Operating Divisions To provide additional revenue to Employee Health Services Fund 405,000 Administrative Transfer from General Fund to Employee Health Services Fund To resolve current year funding concerns return fund to fiscal stability 1,500,000 Action ReQuired by Council: Instruct the Director of Finance to amend various budgets as presented. Approved for City Council Aeenda ity Manager $j,~t~ Date I I . . '. To strengthen and promote cities as centers of opportunity. leadership, and governance. ~i~'~ National League of Cities 1301 Pennsylvania Ave., N.w. Washington, D.C. 20004-1763 202-626-3000 Fax: 202-626-3043 www.nlc.org 2lIll2 Officers President Karen J. Anderson Mayor, Minnetonka. Minnesota First Vice President John DeStefano, Jr. Mayor. New Haven. Connecticut Second Vice President Charles Lyons Selectman, Arlington, Massachusetts Immediate Past President Bob Knight Mayor, Wichita, Kansas Executive Director Donald J. Bornt Reeye led Paper e . RECEIVED AUG 1 9 2002 CITY SECRETARY'S OFFICE August 14, 2002 MEMORANDUM To: City Clerks of Direct Member Cities Donald 1. Bornt, Executive Direc{)fI" Congress of Cities Voting and Alternate Voting Delegates From: Subject: The National League of Cities' Annual Business Meeting will be held on Saturday, December 7,2002, at the Congress of Cities in Salt Lake City, Utah. Under the Bylaws of the National League of Cities, depending upon the city's population, each direct member city is entitled to cast from one to 20 votes through its designated voti~g delegate at the Annual Business Meeting. NLC is now using the 2000 census figures to determine the number of votes your city has this year. Please consult the table on the reverse side of this memorandum which shows the breakdown of votes by population categories. Your mayor and city elected officials should be informed of this request so that decisions can be made on who will be the voting delegate and alternate according to your city's established procedures. To be eligible to cast a city's vote(s), each voting delegate and alternate must be designated by the city using the attached credentials form. This form will be forwarded to NLC's Credentials Committee. NLC Bylaws expressly prohibit voting by proxy. The voting delegate must pick up his/her voting cr~dentials BEFORE the Annual Business Meeting and must be present at the Annual Business Meeting to cast the city's vote(s). In November, NLC will send out a special edition of the Policy Informer summarizing the proposed National Municipal Policy amendments and proposed resolutions that are to be voted on at the Annual Business Meeting. This information should be shared with your voting delegate(s). To establish your city's voting credentials for the Congress of Cities, we ask that you return the completed form to NLC not later than October 11, 2002. Please follow the instructions on the card and keep a copy for your files. A pre-addressed envelope is enclosed for your convenience. If you have any questions or concerns, contact Keith Kirk at kirk@nlc.org or (202) 626-3176. Enclosure Past Ptesidarrts: Clarence E. Antbony, Mayor. South Bay. Florida. Glenda E. Hood, Mayor. Orlando. Florida' William H. Hudnut, III, Councilman. Village of Chevy Chase, Maryland' Sharpe Jame., Mayor. Newark. New Jersey' Brian J. O'Neill. Councilman, Philadelphia, Pennsylvania. Cathy Reynolds. Cauncilwoman-at-Large. Denver, Colorado' Directors: Jeny Bamberger. Commissioner. Covington. Kentucky' Brenda S. Barger, Mayor. Watertown. South Dakota' Kenneth Barr, Mayor. Fort Worth. Texas' Sally D. Beal., Mayor. Centerville. Ohio' Threet W. Brown, Councilman. East Point. Georgia. Michae' S. Buehlhom. Village President. Swansea. Illinois' Stave Burkholder. Mayor. lakewood. Colorado' Charle. J. Canfield, Mayor. Rochester. Minnesota' Catherine F. Connolly, Executive Director, League of Arizona Cities and Towns' Jim Dailey. Mayor, Little Rock, Arkansas' Alex G. Fekete, Mayor. Pembroke Pines, Florida. Sam,uel J. Ferreri. Mayor, Greenacres, Florida' Carolyn l Floyd, Mayor. Kodiak. Alaska' Timotby M. Folke",on. Mayor. New Castle. Pennsylvania. Ed Garza, Mayor, San Antonio. Texas' Kathlaen A. Gaylord, Mayor. South SI. Paul. Minnesota' George D. Goodman, Executive Director. Michigan Municipal League' Michael A. Guido, Mayor, Dearborn, Michigan. Larry Haler. Council Member, Richland. Washington. Scon A. Hancock. Executive Director, Maryland Municipal League' George R. Harvell. Jr., Mayor, Millington. Tennessee' John Heilman. Mayor, West Hollywood. California:' Joseph Hilson, Mayor Pro Tern, Hayward, Califomia . Joycelyo V. Johnson, Alderman, Winston-Salem, North Carolina' Christopher G. Lockwood, Executive Director, Maine Municipal Association. Sonya L Margerum, Mayor, West lafayette, Indiana' Gary Markenson, Executive Director, Missouri Municipal league' Brenda Allison Oliver, Mayor, Sylva, North Carolina. George Porks, Executive Director, Wyoming Association of Municipalities' T. J. Patterson, Council Member, lubbock, Texas' Joe Pisciotte, Council Member, Wichita, Kansas' Marie Lopez Rogers: Vice Mayor, Avondale, Arizona' Perry Roquemore, Executive Director, Alabama league of Municipalities. Ann Simank. Councilmember, Oklahoma City, Oklahoma' Alicia D, Smilde. Council Member, Saline, Michigan. Daniel Soza, Council Member, Saginaw, Michigan' W. Glenn Steckman, III, Councilman, Ocean City, Maryland' Frank Sturzl. Executive Director, Texas Municipal league . V~ra White-Reynolds, Council Member, Harrisburg, Pennsylvania' Billy D. Williams, Council Member, Florence, South Carolina e e NATIONAL LEAGUE OF CITIES ANNUAL CONGRESS OF CITIES SALT LAKE CITY, UTAH Number of Votes - Annual Business Meeting Direct Member Cities Article IV, Section 2 ofNLC's Bylaws specifies the number of votes that each direct member city of the National League of Cities is entitled to cast at the Annual Congress of Cities: CITY POPULATION (per 2000 Census) NUMBER OF VOTES Under 50,000 1 vote 50,000 - 99,999 2 votes 100,000 - 199,999 4 votes 200,000 - 299,999 6 votes 300,000 - 399,999 8 votes 400,000 - 499,999 10 votes 500,000 - 599,999 12 votes 600,000 - 699,999 14 votes 700,000 -799,999 16 votes 800,000 - 899,999 18 votes 900,000 and above 20 votes Please note that all member cities are required by the Bylaws to cast unanimous votes. NLC is now using 2000 census data for the city's voting entitlement. " . !.I e NATIONAL LEAGUE OF CITIES e Credentials Form 2002 Congress of Cities . Salt Lake City, Utah Each direct member city of NLC is entitled to cast from one to 20 votes, based upon the city's population per the 2000 census, through its designated voting delegate at the Annual Business Meeting. Please indicate below your city and state, voting delegate andlor alternate(s), and sign and date the credentials form. Mail the form to NLC in the enclosed pre-addressed return envelope. h.ct for -k ~x Q-S (please type or print t~e name of your city and state) The official voting delegate and/or alternate(s) for the city of are: VOTING DELEGATE: 1. Jam~S u.hrr-tn NAME tou.n{t I YY1a..(l TITLE FOR OFFICE USE ONLY (DO NOT WRITE IN THIS SPACE) Voting card issued to: (Signature) ALTERNATE VOTING DELEGATE(S): 2.j}l'\Chae !~ OS+e'/~ NAME 3. 6YLtce. NAME 1. 2. 3. C Ou n0 I YVt CU'1 TITLE vYle-', 5W1ef C(!;tL~~ Ima.0 S;gnatu,e (city "p'esentat;ve) /~~~~ Title: MCC-yor . Date: 1> Ilk I D?-' For Office Use Only (Do Not Write in this Space) City Code: Return to: Chair, Credentials Committee National League of Cities 1301 Pennsylvania Ave., N.W., Suite 550 Washington, D.C. 20004 Vote(s): ~" ~. e e e e REQUE T FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Au 2002 Appropriation Requested By: Source of Funds: Department: Account Number: Report: Resolution: Ordinance: Amount Budgeted: Exhibits: Aerial Map Amount Requested: Exhibits: Special Warranty Deed Budgeted Item: YES NO Exhibits: Cnrrpnt Policy rpearding Utility Sprvicp SUMMARY & RECOMMENDATION In the past, the City had purchased Lot 5, Blk 3, Section 2 in Shady River Subdivision to secure access to Lift Station #40. Later, the City agreed to sell a portion of this lot to the adjacent owner of Lot 6. This portion of Lot 6 along with approximately 1.8 acres of property in Shoreacres is for sale. A prospective buyer (Mr. Martinez) has visited the City inquiring about utility service from La Porte to his proposed building site in Shoreacres. He also asked about using the City's maintenance road for access. I explained Council's policy regarding utility service for property in other jurisdictions as well as problems with sharing the access road including the side yard restriction. We also discussed other service related issues that this property would face such as police, fire, EMS, and solid waste service. Later, I received a call from Mayor Edmondson regarding utility service for this same tract in Shoreacres. We discussed Council's current policy as well as the same issues discussed with Mr. Martinez. Mayor Edmondson pointed out that Shoreacres still provides water service to two (2) lots in La Porte and that for this reason La Porte may want to reciprocate. I recall the City taking steps to resolve these utility service issues after the Bay Mud annexation. However, Mayor Edmondson is correct that 1 (or 2) still remain. It is estimated that La Porte could extend lines to serve these properties for approximately $3,600, excluding easements, if needed. Mayor Edmondson would like to address Council regarding utility service. The prospective buyer may also wish to address Council. Please keep in mind other services that must be provided to a homeowner. Action Required by Council: Policy Confirmation/Decision for Utility Services for property in Shoreacres. <J J d-t! tJ~ Datel f I.. "'!P~ \. .- . .~.- ..0 .V"~ ':" ,. ,~ " -4 -...,. '-" . .~ 'iI . ~ ..~. , R ~~ L I I .ci corporatio'n f I CAP EN CJe/C/ I I II other: good I: Ii ../1 II That portion of Lot Five (5), Block Three (3), ShadYI: River, Section T'wo (2), a subdivision in Harris County, Ii Texas, according to map ther~ot or plat therebf reCOrded}I.' in the oUice of the County Clerk of Harris County, i Texas, reference to which is here made tor all purposes,jl said tract of land being more particularly described bY~1 metes and bounds on Exhibit "A" attached hereto, :11 incorporated by reference herein, and made a part hereOf. i for all purposes, and as shown on a plat attached herato,1 as Exhibit "B", incorporated by reference lierein, and; made a part hereof for all purposes. I 11 RESTRICTION: The herein conveyed property is! restrictedil) to use as a side yard to Lot 6, Block J, Shady River,..: Section 2. No improvements may be constructed on thel! property without the prior written consent of Grantor. I I I I . I .11 Reservations from and Exception to Conveyance and ~arranty: ~axes for the current year have been prorated and are assumed by Grantee. This conveyance is made subject to all and singular I: the restrictions, conditions, oil, gas, and other miner~l reservations, easements, and covenants, if any, applicable to land enforceable against the above described property as reflected by the records of the county clerk of the aforesaid county. i ! 'I I I I I I i I ! i I I I i i ! I i I e n58;~1C'1 vJ\) Date: Grantor: Mailing Address: Grantee: Mailing Address: Consideration: SPECIAL WARRANTY DEED e i I I i I ! 5D5-39-JS35 ,r; I 'I :i i I i ~/ll/l5 ~~ I I I I CITY OF LA PORTE, a municipa] I P.O. Box IllS, La Porte, TX ~7572 I ROaINSON CAPEN and wife, MARIAN V. ! 807 Oak Laaf, La Porte, TX 77571 I cash and I I ! i m.~ Septemb~r II, 1995 Ten and NoI100 Dollars ($10.00) and valuable considerations Property (including any improvements): /( D :t: ANY PROViSIONS HEFi.m'-.r WI-IICH RESTR1CT TIlE SALE, REl"n'AL, OR USE OF nIE C,E::.CRIDED KS\L PROPERTY BECAUSE OF COLOR. OR RACE, 15 !J.'iV AliI:.' AND UNE.c-;FC'RCEABLE UNDER THE FEDERAL L\W. A CERTIFrED COpy n 1(10;0- A'1-"'1::'-~' CCD Z i'..l \JjJ . .I. J~,:) I. . _~.:H... \ 13.E"'/EKLY B. KAUfl..IAN, County C1~~rk Harri.:: COlmty, Te.x:as (\ l 1/ \ ) ,/ .j\ ~;:S::}:Y (l i'}_' I j l_ , f<.A,'iLA J. ;\~~NOLD ,.f IJ 1 ... A.l )",; to.... ., ~\,; f ..D-'\~ , D~F'lty By-- ~~tt e i I I 505~39-Q837. 'I ,,' I' Grantor for the consideration and subject to the reservations from and exceptions to conveyance and warranty, grants, sells, and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any WiS8 belonging, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, or assigns forever. Grantor binds! Grantor and Grantor's heirs, executors, administrators, and Successors to warrant and forever defend all and singular the propeity to Grantee and Grantee I s heirs, exe.::utors, administrators, successors, and assigns against every person whomsuuver lawfully claiming or to claim the same or any part thereof, except as to the: reservations I from and exceptions to conveyance and warranty, bY1 through, or under Grantor, but not othenlise. Iii Iii " When the context requires, singular nouns and pronouns include the plural. I Ii CIT'! OF LA PORTE!, .! i tf! By: ~~~ \. ~--.J ,;t'Ic- Robert T. Herrera,l City Manager I ;11 I ;,1 FILEO.. FOR RECORD....1"i. i8:00 AM ,. i i ': SEP 181995 ',Ii { 44~r .:~ COONTY OF HARRIS : Co,"~ Ci'" H"n! Co,"~, 'Ii' (') ~TQis instrument was acknowledged before me on th~ ~ day 01,. ~.~ ' 1995, by Robert T. Herrera, City Manage of the City of La Porte, a municipal corporation. . :I! e ~~;J.S:~~ :::~-: -:'~~:~:i;.., ;""~;: ;'.~:j.~"Y:~; ;.h~..':I......._..., .."cc......,..;.?,;:...... (Z . ~ '~;=)~ 0 ~ C. ty Se -retary \ -~J STATE OF TEXAS ~~ Frn lJaY H*>.) :,~ .~._.~ ~ D7'RiI .... "':r.If. Ann RECORDING RETtnUI TO: I j PREPARED IN THE LA. 077ICE I ASKINS & ARMSTRONG, P.C. P.O. Box 1218 i La Porte, TX 17572-1218 I i I I I I i: ! .(; OJ' :: Ii II: ASKINS & ARMSTRONG, P.C. ATTORNEYS AT LAW 102 W. FAIAMONT PARK'IIAY P.O. 80l( 1218 LA PORTE. TEXAS nS72-1218 Ai'\iY PRO~11SI0NS EERErN v"iHICH RESTRICT THE SALE, RENj AL, OR USE OF THE DESCRIBED RE..-'\L FROPEH BECAUSE OF COLOK, OR RACE, IS Il'NAUD ANi' UNENFORCEABLE UNDER THE FEDERAL Ltl.W. i ., I ! i i I I ! i I I i ! A CERTIFIED COpy A TrEST: _SL? '2, S '\995 BEVERLY S, KAUFMAN, Cou..,ty C1e.ri.; ['1<1.;1'1:3 COltr:t)", T'=!x<l.'J r .:!, I' !I, ,1; I ,Ii II: 1505~39-J~38 Ii Ii I ., 0.2470 Acre Tract 0 ut or Lot S, Block J; Shady Rlver SubdIYislo~, Section 2 , , I r A 02470 acre parcel out of Lot 5, Block 3; Shady River, Scction!2, a subdivisiori. of 27.47 acre.s in the W~. Harris Survey A-30, Harris County, Texas, accbrding to the plat recorded in Volume 114, Page 62 of the Map Records of Harris CountY. Texas, the p~cel being morc particularly described as {allows: I 'I ' Ii Point or Beginnlng being aD a curve and the Northwest corner of LotS, Block 3; 'Ii Thence along a curve to the left having a chord bewg of N 67"129' 23" E, a ra41us of 211.33 feet, an arc distance of 29.62 feet to a point {or corneri;I' I ,; Thence S 450 16' 12" E, a distance of 16212 feet to a pOUlt {or ~ corner, '1: . I;!! Thence S ()(f IS' 00' E, a distance of 43.20 feet to a point for a ~orner,1 . I ii; Thence S 89045' 00. W, a distance of 75.56 feet to a point for a, corner being tbe Southwest corner of Lot 5, l3lock 3; I ,Ii. ;It Thence N 240 38' 06" W, a distance of 157.87 feet to the Poind or Beginnln~~d consisting of 02470 :lcres. I iI: :/: Ii .'11 " Ii 'I' ili .1 j I :Ii :I! ,I' eI I 'I 1( " , e EXHIBIT A I I I I I I I, I i I I I i I i I I I I I I i I I I I I I A.'.JY FRo\rISION5 EEREll-I ~'y1'UCH F.ESTRICT THE SALE, RENTAL, OR USE OF nIE DESCRillED RE.A,L PROrERTY BECAUSE OF COLOR, OR R.ACE. L5 rNV^LTD .J.J'.iD UNE.~FORCEA.BI.E UNDER TEE FEDERAL L\ W. ii 'I 'I :1 " :i ,I :1, Ii A CERTIFIED COP)' SEP 'l ~ J1S35 ArrEST: BEVERLY B. KA.UFMA.N, Cou;~ty Clerk Harris CC\iHt,y, TC;(';l.S, " . f -',. /1 I' 1 V -'. \i._ ,/ ..:' , I), (j "",. !.;: , ~ ....;: ~. \ f}.o. -l. " rY'~"'~ J \, "-".,;,.,'\.,,.. ..... -1'\' -"""'\.1 .h.-____.:::-_LL__,)_________________. [)epu ty ~'hP.YU\ J. AF(NOlD "Ii .j; .i I i I' i' I 'l; ., e ----..-e 5)5=39-0839 - SCALE: I'; 40' "- ", EXIST. UTlLITY EASMENT " , , , "I' 1-', /', . <~, , "'. , '" /cf:" " {>.', " ..', , ., , '" , <",.,.' " ~ '\ Rf C01Ot" w.; lAc t.CAANOUt./ ~ "q,.." AT J)i( T'wE OJ qff:"'.>>").l't)"1, Y'l-Ia "<f!'" ", :N1=/ot-1.Il...,.,...&.:iI_., ',:)-Cll!,f ......t1fC1l.JA.T(' '" fOAr~ac,Tpol'~.'_""J...,.C.4--~)(""C~lQN ___~,~__ ,~~..,_~_r.:~::':~:L.C~;;.L,i.~<~~~~!~-:___.____ , \ , , , , ~ ',', "'I 0.30.23 w::.s. " " : lSJ67.69 SQfT. "" "\, r=-_3~~-=l ~""C::c~..,' ,......::C"'C,,;)...... "~C_C -lcJ1. :rEJ ~ 1X1Sf, W I.ruI'f Die. 16' E. - Sl IE \ - - ---..J M. t9'" 00' I!.. :y. ---J ,,0'1 L.. >- ...J Z o ~ ~ ~ ~ 51 > o J: ~ ?( 1- <}. ~. ~. ;. . ~ .~ @ , ,,0'1 ----_.-.-.~,Q--_. -In()~ ':" C' ?:: ~ r;1 r- .< (-, C ,':") ~ ;;, (~~ "'., a~~r"l(~ tTI .J 0 <. ~;u -Tl ~ r ';t.1....i l...J L-...... , ......, r (-; :::: C, );.. rr1 ~, ~ :t: .:- t1 ri:; . U'. tr. '.oJ t:; Y? h~ -.tjf=j " 'lj L. >Eij~ 5tJ:r: I n )>i'J:r: -7 ~l ~ .L.,? r"' V t- ~~ r- _~ i ~ z: f.') 0 Cl .c., '0 >-I 'T1m-l O;:Z~ ~ :;<J '1 C<1 n '"" eJl f20l> O:l en r-1 :-ntT tt1>~ - c: r.1 ~ LI) ~ rl nl _, [;;0> :;<J 7lr ~);.. >. 1:1 -I ~. ...... ,.....) ( J ~ 1':1 !3'1 h V).J r' -I ;., >-< .. ~ ::;1 (f) t1 en ,'1 0-0:: 1:. I. C: t'') 0 ..,. r-j '.;'J c.0...: t" _), . (." (.;~1 Z <-P ~ Oi f'J r. ;=. ~J ",---;r (-; {ry :::-. /. 'T' J- ; i. 1 ") l T .j 1 , 1 Jl3.9T ~o I. t9"U' .....- I' 52.5 S 89.J.5'OO"W 2 SEC. RIVER SHADY 5, BLOCK 3, LOT e ~~;~~lftIaallfkl I><I!' nAI"f C# ~LOQ' ""'~.. "",..,.,. ~ C# ~ -..... 1M ~ ...,... -- .....~-""'....... -FUD.Ao~ ..",'~. · .. ~ "- -... 11..,. !If 10( W ~ ... III Aoc,... ~ '- ~ -: SEP 1 8 1995 ~ ~4~ COu<ry ~ _s COtHry IL'u.s A:-ry FFOVISIONS HEREIN \"iHICH RESTRiCT nIE SAr.,F., RENTAL. C'R USE OF THE DESCIUBED ?"'::"~L FROPERn BECAUSE OF COLOR. OR RACE, IS U:iV AUD AN[, UNENFORCEABLE UtmER niE FEDERAL LAW. ,,..\. CEIUlrIED cory SeD q ,. '\:lOi:. . \ 1 t.J u\:J-J.J ATTEST "- BEVERLY B. K-.AUFM,1\N, CO\.lnty Clerk Harris County, T~'(a5 1 i r\ j A f; I jl I /j .J 1 Yet- ~;-~~l .il;. i _~ \~ C'\. \'.'}!" ...-tt.''''~/C1~...JJ v-' . .... ~ . ,\ ____, L)~,r.\I.Jt\... _-L.-z-;;~.: j", '. i I I '. . ....;-:;.:\'{L}\ J. /\F~r.jC;LD ~ ill '.1.' 505':3$':0840 ! I I ,I I I: " :" I. il1 :1, ", .1' i i" :i1 .'11 , I .Ii 'Ii : I : I ~I : '1! ':'11 , I 1. , , ill 1 ; I " :'! :11 'I 'I, Ii '" !II! ~ i , , it; 'I; ;Ii 'I r :1: 'II , I Ii I, ii ill :Ii .- e e COMMUNITY DEVELOPMENT PROCEDURE/POLICY MANUAL SUBJECT: Amendment to policy regarding requests for water and sewer servise outside the City of La Porte's corporate 1 imi ts. I APPROVED: TITLE: /") . y Manager Date Revised: August 30, 1990 RESPONSIBLE AGENCY: Director 0 Community Development Department AUTHORIZATION: As directed by the City Council during Council meeting held on March 12, 1990. SUMMARY: This policy amends the City'S current policies regarding requests for utility service by an applicant located outside the City's corporate limits. As directed by City Council at their March 12, 1990 meeting, the City will not consider applications for utility service to customers located within the corporate limits of another city. Applicants located outside La Porte's corporate limits should pursue Obtaining utility service from the City in which they reside. Applicants requesting util i ty service, for locations outside the City's corporate limits but within the City's ETJ, were (sic) subject to the January 5, 1983 policies. However, per discussions at May 25, 1990 Executive Staff Meeting, these policies are under review. Therefore, all requests for water and sewer service outside city limits and within the ETJ will receive the standard letter attached as Exhibit C. INDEX: None EXHIBITS: A. tJ I it PM B. Excerpt from minutes of City Council meeting held March 12, 1990. Incorporated by Reference: City Policy RE: Requests for Potable Water and Sanitary Sewer Serv ice Outs ide the city of La Porte (Pol icies adopted by La Porte city Council on January 5, 1983.) Standard letter for response to requests for water and sewer within La Porte's extraterritorial jurisdiction (ETJ) (to be in effect while January 5, 1983 policies are under review). C. COMMENTS: Supersedes policy dated April 23, 1990. e e e CONSENT AGENDA e e e A e e REQUEST FOR CITY COUNCIL AGENDA ITEM Ag,nda Oat< R'qn"",d' An~n't~ Requested By: Steve Gillett ~ Appropriation Source of Funds: General Fund Department: Public Works Account Number: 001-7071-531-4015 Report: XX Resolution: Ordinance: Amount Budgeted: $155,000 Exhibits: Bid Recap Sealed Bids #0864 Amount Requested: $48,440.00 Exhibits: Memorandum from Purchasinl!: Budgeted Item: X YES NO Exhibits: SUMMARY & RECOMMENDATION Advertised, sealed bids #0864 for the annual supply of Street Materials were opened and read on August 5, 2002. Bid requests were mailed to nine (9) vendors with three (3) submitting bids. Low bid meeting specifications for Items 1 - Cut Back Asphalt and 2 - Liquid Asphalt Cement was submitted by Gulf States Asphalt Co. Total cost of the contract for Items 1 & 2 is $35,140.00 Low bid meeting specifications for Item 3 - Rubberized Joint and Crack Sealer was submitted by Crafco Texas, Inc in a total amount of$11,600.00. Low bid meeting specifications for Item 4 - SS-lH Emulsion was submitted by Prime Materials & Supply in a total amount of$1,700.00. Staff recommends award of Items 1 & 2 to Gulf States Asphalt Co., Item 3 to Crafco Texas, Inc. and Item 4 to Prime Materials and Supply, low bidders meeting specifications for each Item. Total combined cost of the three contracts is $48,440.00. This represents a 10% decrease over last year's bid. Funds for these contracts are budgeted in the Street Division's Operating Budget. Action Required bv Council: Award bid for Items 1 & 2 to Gulf States Asphalt Co., Item 3 to Crafco Texas, and Item 4 to Prime Materials & Supply, low bidders meeting specifications as recommended by Staff. b;;Q/o ;), Date I f e e BID TABULATION - STREET MATERIALS #0864 TOTAL ITEM #2 5,000 $0.98 $1.10 NO BID $4,900.00 $5,500.00 NO BID 10,000 $0.72 $0.78 NO BID 30,000 $0.72 $0.78 NO BID 1,000 $0.72 $0.75 NO BID 1,000 $0.72 $0.75 NO BID $30,240.00 $32,700.00 NO BID 1. CUT BACK ASPHALT - MC-30 PICKED UP 100 - 1,000 GALLONS TOTAL ITEM #1 2. LIQUID ASPHALT CEMENT A. AC-5 DELIVERED 5,000 GAL OR MORE B. AC-10 DELIVERED 5,000 GAL OR MORE C. AC-5 PICKED UP LESS THAN 1,500 GAL D. AC-10 ICKED UP LESS THAN 1,500 GAL 3. RUBBERIZED JOINT & CRACK SEALER DELIVERED 40,000 NO BID NO BID $0.29 TOTAL ITEM #3 NO BID NO BID $11,600.00 4. SS-1H EMULSION 2,500 NO BID $0.68 NO BID TOTAL ITEM #4 NO BID $1,700.00 NO BID '(iif_~O)I"~~IO_ ):f~I'~~. e e BIDDER'S LIST SEALED BID #0864 - STREET MATERIALS BRIDGES ASPHALT P.O. BOX 461171 GARLAND, TX 75046 CRAFCO TEXAS, INC 105 TOWER DRIVE SAN ANTONIO, TX 78232 GULF STATES ASPHALT P.O. BOX 508 SOUTH HOUSTON, TX 77587 LEAGUE CITY PAVING CO. 2514 ANDERS LANE KEMAH, TX 77565 NESTE/WRIGHT ASPHALT 704 SHELDON RD SUITE B CHANNEL VIEW, TX 77530 PRIME MATERIALS PRODUCTS 600 CENTURY PLAZA DR. #100 HOUSTON, TX 77073 SEALANT SYSTEMS P.O. BOX 1135 RICHMOND, TX 77406-1135 SHEPLER EQUIPMENT COMPANY 9103 EAST ALMEDA HOUSTON, TX 77054 SUNBEL T ASPHALT & MATERIAL P.O. BOX 4608 HOUSTON, TX 77210-4608 CHAMBER OF COMMERCE P.O. BOX 996 LA PORTE, TX 77572-0996 BA YSHORE SUN PUBLISH DATES: JULY 21, 2002 JULY 28, 2002 e e B e e REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: AUl!:ust 26, 2002 Requ"ted By: Steve Gmett ~~ Department: Public Works Appropriation Source of Funds: General Fund Account Number: 001-7071-531-2007 Report: X Resolution: Ordinance: Amount Budgeted: $30,000.00 Exhibits: Price Quote - Univar Co. Amount Requested: $5,103.00 Exhibits: Price Quote - AdapCo, Inc Budgeted Item: X YES NO Exhibits: SUMMARY & RECOMMENDATION Permanone 31-66 is used in our Mosquito Control Program. In the past, Univar USA, Houston, Texas, Inc. has been the sole source supplier for this product. Since our last purchase, this company has lost the franchise for this product to AdapCo, Inc., Sanford, Florida. Univar USA, Inc. has 27 gallons of Permanone 31-66 remaining in inventory. They have indicated they will sell this inventory to the City at a discounted price of$189.00 per gallon or a total cost of$5,103.00. The new franchisee, AdapCo, Inc. has quoted a price of$220.00 per gallon or a total of$5,940.00. Purchasing Univar's remaining inventory will realize a savings of $837.00. The City has purchased a total of $10,376.97 prior to this purchase. With this purchase, a total of$15,479.97 will have been expended for Mosquito Control Agent this year Purchasing this product will, barring unforeseen outbreaks of mosquitoes, allow the completion of the normal spraying season. Staff recommends the purchase of Univar' s remaining inventory of Permanone 31-66 in the amount of $5,103.00. Adequate funds for this purchase are budgeted in the Street Maintenance FY 0 1/02 Operating Budget. Action Required hv Council: Authorize purchase of Perman one 31-66 from Univar USA, Inc in the amount of$5,103.00. 8;;2t;{ Date I ' AUG. 9.2002 2:36PM e e NO.4 0 3 P. 2/2 UniVlIr USA Inc. 1919 Jaelntoport Blvd. Houelon, TX n01S PO 601198649 Hou&to/'l. TX n213 USA T 832 388 3300 F 281 884 eeos o UnlVAR www.univlIru:a.eom August 8, 2002 City of La porte 2963 North 23rd La Porte, TX 77571 Attn: !jilly Davenport Billy, Univar USA submits the following quote for Mosquito Control products: KontroJ 30-30 - $175.00/gallon in 1 gallon jugs Permanone 31-66 . We have 2 of the 1 gal jugs and 5 of the 5 gallon cans left in inventory for a total of 27 gallons. Your cost is $189.00/gallon Sunpar 107 Diluent Oil - $2.85/gallon in a 50 gal drum S~4;W Brian McFall Technical Director e e 2800 S. Financial Court. Sanford, FL 32773-8118 (407)330-4800 FAX(866)330-9B88 (800)367-0659 email: info@e-adaoco.com website: www.e-adapco.oom ....I'~. --""'~... ,",, ,4DAPCO"NC. IIIII 11111111" fax To; Billy Davenport City of laPorte, TX Pax: 281-867-0892 Phone: 281.-471-9650 Prom: Jim Barr Pages: 1 Dete: 08-19-02 ADAPCO. Ine. is pleased to provide you with the following price quotation: ULV Oil 55 gal drum $4. 35/gal Pennanone 31-66 4x1 gaVcase $220.00/gal Permanone 30-30 2x2.5 gal/case S215.00/gal This price quotation is good until October 31, 2002. Our normal terms are Net 30 days. Please feel free to visit our 'Nebsite at WNW.e- adapco.com to view labels. MSDS and order online. If you have any questions, you may contact me at (800) 367-0659. Thank you for allowing us to provide this price quotation. . Sincerely. 9~~~~ James L. Barr l' . 1\ e MEETING HANDOUTS e . e DRAFT August 26, 2002 Certified Mail Mr. Kerry M. Stanley Regulatory Branch, CESWG-PE-RE U.S. Army Corps of Engineers P.O. Box 1229 Galveston, TX 77553-1229 RE: Response to Public Notice dated July 22, 2002 For Revised Permit Application No. 21520 Dear Mr. Stanley: On behalf of the City of La Porte, please accept, record and file this letter as the City's comments regarding the revision of Permit Application #21520 described in the Public Notice issued on July 22, 2002. Because of changes introduced by Revision #1 and now #2, we believe there should be consideration for a supplemental DEIS because the proposed Bayport Container Project has been substantially altered since it was presented and discussed in the DEIS. Even in the absence of a supplemental DEIS, the public comment period on the DEIS should be reopened and/or at least a public meeting should be conducted to explain these changes in the proposed proj ecL We feel strongly that these actions should be considered because the proposed revisions clearly effect the DEIS evaluation of alternative sites which is the heart of the DEIS. The more notable changes that affect the "analysis of alternatives" are: · The acreage of jurisdictional wetlands has been decreased. · The total acreage of wetlands has been disclosed. · The number of cruise terminal berths and number of cruise ships has been reduced. · The land use associated with the cruise terminal has been changed · The noise mitigation has changed by introducing a 20-foot tall concrete wall along the north line of the Bayport Channel adjacent to a residential neighborhood (separated only by a pipeline corridor). Aside from and in addition to our belief that a supplemental DEIS is warranted, the City is opposed to the proposed revisions because we are firmly opposed to the Bayport site as evidenced by our January 10,2002 response to the DEIS. Further manipulation of the Bayport site does not change our view of the analysis of alternative sites contained in the DEIS. In general, our review found that the proposed Bayport site ranked either favorably or equal to other sites in the non-environmental categories of availability, operational effectiveness and site constraints. However, within the environmental category, the Bayport site displayed many negative environmental impacts that were more significant than alternate sites. We sincerely hope that convenience, ease of construction and infrastructure costs for PHA does not prevail over real environmental impacts to adjacent and nearby homes and communities. The proposed 20-foot wall is objected to for a number of reasons. First, there is no study or evidence to either evaluate or support its potential effectiveness for noise mitigation. . DRAFT e Secondly, the wall certainly will interrupt the prevailing southeast breezes that have been enjoyed by adjacent neighborhoods for years and are a trademark of our community. Third, the presence of a 20-foot wall, approximately 50 feet from the nearby homes may certainly be objectionable from the standpoint of visual pollution. When coupled with the loss of bay breezes this proposed mitigation would in fact further compound the negative effects of the proposed Bayport project. While the Community Advisory Group referenced potential mitigation strategies for the North Shore, including possible construction of a noise barrier (wall), they did so based on the premise that additional detailed analysis, beyond that provided by the DEIS, be provided. We appreciate the opportunity to respond to this revision. We hope that you concur that a supplemental DEIS should be developed, or at least, further public meetings to better describe these revisions be conducted. Additionally, a detailed analysis of the noise barrier for all facets of environmental issues should be undertaken. In closing, aside from our comments regarding this revision, the City remains opposed to the Bayport site, or any combination including Bayport, because we believe the DEIS reinforces our concerns that this site would have substantial long term negative impacts for our community. Sincerely, Mayor Norman L. Malone Peter Griffiths, Councilman At-Large A Barry Beasley, Councilman At-Large B Mike Mosteit, Councilman District I Chuck Engelken, Jr. Councilman District 2 Howard Ebow, Councilman District 3 James Warren, Councilman District 4 Charlie Young, Councilman District 5 Bruce Meismer, Councilman District 6 c: John Joerns, Acting City Manager Knox W. Askins, City Attorney