HomeMy WebLinkAbout2007-09-24 Regular Meeting, Public Hearing and Workshop Meeting of La Porte City Council
5
A
MINUTES OF REGULAR MEETING, PUBLIC HEARING AND WORKSHOP MEETING
OF THE LA PORTE CITY COUNCIL
September 24, 2007
1. CALL TO ORDER
The meeting was called to order by Mayor Alton Porter at 6:05 p.m.
Members of City Council Present: Mayor Alton Porter, Council members Tommy Moser,
Louis Rigby, Mike Clausen, Georgia Malone, Howard Ebow, Mike Mosteit and Chuck
Engelken.
Members of Council Absent: Beasley.
Members of City Executive Staff and City Employees Present: Assistant City Attorney
Clark Askins, Planning Director Wayne Sabo (acting as Interim City Manager), Human
Resources Manager Robert Swanagan, Emergency Management Coordinator Jeff Suggs,
Interim Finance Director Michael Dolby, Buyer Cherelle Daumeur, Judge Denis Mitrano,
City Secretary Martha Gillett, Public Works Director Steve Gillett, Lieutenant Gary Rice,
Purchasing Manager Susan Kelley, Patrol Officer Rod Davis, Police Chief Richard Reff,
Assistant Police Chief Aaron Corrales, Parks and Recreation Director Stephen Barr, Main
Street Coordinator Debra Dye, Fire Chief Mike Boaze, and Assistant Fire Chief John
Dunham, Assistant EMS Chief Lisa Camp and Assistant Director of Public Works Don
Pennell.
Others Present: John Handy of Houston Chronicle, Adam Yanelli of Bay shore Sun, Char
Lynch of Port of Houston, Rusty Devereaux, David Janda, Kyle Frentz, Lacey McDuffie,
Cody Stine, Brandon Denmen, Richard Pfirrnan, Randall Clement, Ken Martin, Bob
Laughlin, Joeny Smith, Rebecca Clark, Lisa Wilson, Barbara Weaemyer, Jill Brown, Neil
Welch, Dottie Kaminski, Hugh Landrum of Hugh Landrum and Associates, Reverend
Bobby Worsham of Second Baptist Church and other citizens.
2. Reverend B. L. Worsham of Second Baptist Church delivered the invocation.
3. Mayor Porter led the Pledge of Allegiance.
4. PRESENT A nONS / PROCLAMA nONS
Mayor Porter recognized the City of La Porte Public Works Department for receiving the
2006 Public Drinking Water Recognition award.
Mayor Porter, Joeny and Carl Smith, Rusty Devereaux, Butch Blackmon, and Lt. Carl Rice
presented a certificate of appreciation to the City of La Porte for support for the 2006 Texas
Honor Ride.
5. Consent Agenda
A. Consider approving Minutes of the Regular Meeting Public Hearing and Workshop
Meeting of La Porte City Council held on September 10,2007 and Minutes of the
Special Called Regular Meeting of the La Porte City Council held on September 4,
2007.
City Council Regular Meeting and Workshop Meeting -September 24, 2007
Page
2
B. Council to consider approval or other action to formally ratify 1) previous action by
the City Council to form a Drainage and Flooding Committee and 2) the
organizational structure of the Drainage and Flooding Committee as decided by the
Drainage and Flooding Committee during the previous week.
C. Council to consider approval or other action for awarding bid # 07027 for Police
Uniforms and Body Armor in the amount not to exceed $60, 000.00.
D. Council to consider approval or other action for awarding bid # 07513 for Janitorial
Service in the amount of$103, 452.00.
E. Council to consider approval or other action to approve phase 2 for EOC
independent IT System.
F. Council to consider approval or other action regarding an ordinance approving and
authorizing an emergency assistance compact between the City of La Porte and PPG
Industries, Inc. for use of land owned by PPG Industries Inc. during a declared state
of emergency.
G. Council to consider approval or other action regarding an ordinance approving and
authorizing a contract between the City of La Porte and Dr. Oscar Boultinghouse,
M.D., to serve as Medical Director of the Department of Emergency Medical
Services of the City of La Porte.
H. Council to consider approval or other action regarding an ordinance vacating,
abandoning and closing a portion of North 14th Street in the City of La Porte, Harris
County.
1. Council to consider approval or other action to pass a resolution authoring the
Interim City Manager to sign a grant for the Speed STEP Grant Program.
J. Council to consider approval or other action regarding an ordinance amending the
fiscal year 2006-2007 Budget.
K. Council to consider approval or other action authorizing the Interim City Manager to
execute an agreement with Tyler Technologies for the purchase of products and
services under a contract and agreement on file with the Texas Department of
Information Resources (DIR).
L. Council to consider approval or other action awarding RFP # 07511 Group
Voluntary Dental to Delta Dental and Vision Coverage to Spectera.
Items C, D, G, H were pulled and voted on separately.
Motion was made by Council member Engelken to approve the consent agenda as
presented with a correction on the minutes that Howard Ebow was absent. Second by
Council member Ebow. Motion carried.
Ayes: Moser, Engelken, Clausen, Rigby, Mosteit, Ebow, Malone and Porter.
Nays: None
Abstain: Council member Ebow abstained on voting on item A.
Absent: Beasley
City Council Regular Meeting and Workshop Meeting -September 24, 2007
Page
3
6. PETITIONS, REMONSTRANCES, COMMUNICATIONS, AND CITIZENS AND TAX
PAYERS WISHING TO ADDRESS COUNCIL ON ANY ITEM POSTED ON THE
AGENDA.
There was no one wishing to address City Council.
7. Council received a report from Bob Mc Laughlin of DuPont regarding recent incidents. The
City requested DuPont provide us with better communication during emergency situations.
COUNCIL TOOK THE AGENDA OUT OF ORDER AND WENT TO EXECUTIVE
SESSION FOR INDUSTRIAL DISTRICT AGREEMENT DISCUSSIONS. SEE
BELOW.
8. Council to consider approval or other action regarding a resolution for acceptance of the
2007 appraisal roll.
Interim Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: RESOLUTION 2007-14: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF LA PORTE, TEXAS, ADOPTING THE 2007 APPRAISAL
ROLL OF THE HARRIS COUNTY APPRAISAL DISTRICT.
Motion was made by Council member Moser to approve Resolution 2007-14 as presented by
Mr. Dolby. Second by Council member Mosteit. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Clausen, Mosteit, Malone and Porter
Nays: None
Abstain: None
Absent: Beasley
9. Council to consider approval or other action regarding an ordinance establishing the tax rate
FY 2007-2008 at 71 cents per hundred dollar valuation.
Interim Finance Director Michael Dolby presented summary and recommendation and
answered Council's questions.
Assistant City Attorney read: ORDINANCE 3025: AN ORDINANCE LEVYING TAXES
UPON TAXABLE PROPERTY LOCATED WITHIN AND SUBJECT TO TAXATION
IN THE CITY OF LA PORTE, TEXAS; MAKING APPROPRIATION FOR SUPPORT,
MAINTENANCE, AND IMPROVEMENT OF THE CITY GOVERNMENT OF SAID
CITY OF LA PORTE; FINDING THAT ALL REQUIRED NOTICES HAVE BEEN
PUBLISHED AND ALL REQUIRED HEARINGS HELD; CONTAINING A REPEALING
CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
Motion was made by Councilmember Engelken to approve Ordinance 3025 as presented by
Mr. Dolby. Second by Councilmember Malone. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Clausen, Mosteit, Malone and Porter
Nays: None
City Council Regular Meeting and Workshop Meeting -September 24, 2007
Page 4
Abstain: None
Absent: Beasley
10. Council to consider approval or other action regarding an ordinance appointing members to
various boards, commissions, and committees, of the City of La Porte.
Mayor Porter presented summary and recommendation and answered Council's questions.
Assistant City Attorney read: or 2782-S: 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; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
Council requested Debra Dye find out the number of people on boards that are not located
on Main Street Districts and report back to Council.
Council recommended the following appointments to various boards and commissions.
Airport Advisory Board:
Position 1 - Debra Rihn - 2010
Position 2 - Nick Hooke - 2010
Position 5 - Steve Gillett - 2010
La Porte Reinvestment Zone Number One:
Position 1 - Peggy Antone - 2009
Position 3 - Alton Porter - 2009
Position 5 - Doug Martin - 2009
La Porte Area Water Authority:
Position 1 - Robert Roy - 2009
Position 2 - Dennis H. Steger - 2009
Position 3 - Steve Valarius - 2009
La Porte Development Corporation:
Chuck Engelken - 2009
Tommy Moser - 2009
Ed Matuszak - 2009
Trent Wise - 2009
City Council Regular Meeting and Workshop Meeting -September 24, 2007
Page 5
La Porte Redevelopment Authority:
Position 1 - Peggy Antone - 2009
Position 3 - Alton Porter - 2009
Position 5 - Douglas Martin - 2009
Council agreed to close the Main Street Committee since their job is done and their no
longer active.
Main Street Advisory Board (still active)
Position 4 - Eric Nelson - 2009
Position 6 - Mark Follis - 2009
Position 7 - Michaelyn Dunaway - 20 1 0
Position 8 - Troy Pulver - 20 I 0
Position 9 - Jennifer Pfeiffer - 2010
Planning and Zoning Commission:
District 4 - Dottie Kaminiski - 2010
District 5 - Paul Berner - 20 1 0
Alternate 1 - Hal Lawler - 20 I 0
Zoning Board of Adjustment:
Position 1 - Chester Pool - 2009
Position 2 - Bob Capen - 2009
Position 3 - Rod Rothermel- 2009
Position 4 - Charles Schoppe - 2009
Position 5 - George W. Maltsberger - 2009
Building Codes Appeal Board:
Position 1 - Tom Campbell- 2010
Position 2 - Terry Bunch - 2010
Position 3 - Paul Larson - 20 1 0
City Council Regular Meeting and Workshop Meeting -September 24, 2007
Page
6
Position 4 - Vacant
Position 5 - Ken Schlather - 20 I 0
Position 6 - John Elfstrom - 2010
Position 7 - Bruce Compton - 20 I 0
Motion was made by Councilmember Ebow to approve Ordinance 2782-S including names
recommended. Second by Councilmember Clausen. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Clausen, Mosteit, Malone and Porter
Nays: None
Abstain: None
Absent: Beasley
11. Close Regular Meeting and Open Workshop at 7:50 p.m.
Parks and Recreation Director Stephen Barr provided a presentation on possible
modification of a proposed ordinance regulating tobacco use at youth sports fields.
12 Closed the Workshop meeting and reconvened Regular Meeting at 7:58 p.m.
13. Council to consider approval or other action regarding an ordinance amending chapter 50
"Parks and Recreation" of the code of ordinances.
Mayor Porter noted Lisa Wilson, Rebecca Clark and Jill Brown did not turn in the form in
time to speak, but stated they were for passing the ordinance.
Motion was made by Councilmember Ebow to approve Ordinance 3032 as recommended.
Second by Councilmember Malone. The motion carried.
Ayes: Moser, Rigby, Ebow, Engelken, Clausen, Mosteit, Malone and Porter
Nays: None
Abstain: None
Absent: Beasley
14. Administrative Reports
Acting Interim City Manager Wayne Sabo provided Council with the following
Administrative Reports.
The Salute to Industry (Sulzer Hickham) Golf Tournament, October 3,2007 at Bay Forest
Golf Course, the Salute to Industry Dinner October 4, 2007 at Sylvan Beach Pavilion at
6:30 p.m., EMS and Fire Station No.3 Ribbon Cutting on October 8, 2007 at 4:00 p.m.,
Kaneka Texas Corporation October 10, 2007 11:00 a.m. - 1:00 p.m., the TML Conference
November 9-13,2007 in Dallas, Texas and the Coffee Symposium November 13,2007 at
the Hilton Americas (Lamar) in Houston, Texas.
City Secretary Martha Gillett reminded Council they need to be thinking of whether or not
they want to look at other polling locations. It was noted this item will be placed on the next
Council Meeting for workshop discussion.
City Council Regular Meeting and Workshop Meeting -September 24, 2007
Page 7
15. Council Comments
Clausen, Rigby, Moser, Ebow, Malone, Engelken Mosteit, and Porter had comments.
16. EXECUTIVE SESSION - PURSUANT TO PROVISION OF THE OPEN MEETINGS
LAW, CHAPTER 551.071 THROUGH 551.076, 551-087, 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 INVESTIGATION, DELIBERATION REGARDING ECONOMIC
DEVELOPMENT NEGOTIATIONS)
A. SECTION - 551.074 (PERSONNEL MATTER)
EVALUATION OF CITY
SECRETARY
B. SECTION - 551.074 (PERSONNEL MATTER)
EVALUATION OF INTERIM
CITY MANAGER
C. SECTION - 551.071 (CONSULT WITH ATTORNEY)
MEET WITH INTERIM CITY
MANAGER AND CITY
ATTORNEY TO DISCUSS IDA
NEGOTIATIONS
Council retired to Executive Session to discuss item C at 6:50 p.m. and returned to the
Regular Meeting and reconvened at 7:05 p.m.
Council retired to the second Executive Session to discuss item A. Evaluation of City
Secretary at 8:01 p.m. and returned to the Regular Meeting and reconvened at 8:25 p.m.
17 Considerations and possible action on items considered in executive session.
There was not action taken on Item A. City Secretary and Item B. City Manager evaluation
was postponed until the October 24th Council meeting due to the illness of Interim City
Manager John Joerns.
18. Council to consider approval of a final draft of an industrial district agreement for a 12 year
term commencing January 1, 2008.
Motion was made by Council member Engelken to approve the final draft of an industrial
district agreement as recommended by Mayor.. Second by Council member Moser. The
motion carried unanimously.
Ayes: Rigby, Moser, Clausen, Ebow, Mosteit, Malone, Engelken
and Porter.
Nays: None
Abstain: None
Absent: Beasley
19. There being no further business to come before Council, the Regular Meeting was duly
adjourned at 8:26 p.m.
Respectfully submitted,
City Council Regular Meeting and Workshop Meeting -September 24, 2007
'-171 &tIt:ffi/ pa..
Martha Gillett, TRMC, CMC
City Secretary
and approved on this 8th day of October 2007
~nter
8
B
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 8. 2007
Requested BY:~ qu...
Department: City Secretuy
Bud2:et
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Ordinance 1000-1-S if approved, would allow a new applicant to sell beer and/or wine at Tony's Barbecue &
Steakhouse, Inc. The City has processed the new application and it meets Code of Ordinance regulation on past due
taxes, liens police investigation and inspections. It is recommended City Council approve 1000-1-S granting an
alcohol permit to Tony's Barbecue & Steakhouse, Inc.
;Jet/eo' ~ 2,ctd;-~v 4s U/7~'ev(
tJitfJ ..J( ~OVf3t j1e;fHLt: .
/l2~W
Action Required bv Council:
Consider approval of ordinance 1000-I-S
A
end a
Date
Lt?J,/U1
(
ORDINANCE NO. 1000-1-S
AN ORDINANCE OF THE CITY OF LA PORTE, TEXAS, AMENDING CHAPTER 6,
SECTION 6-78 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, BY
ADDING AN AREA AT A RESTAURANT WHERE WINE AND/OR BEER FOR
CONSUMPTION ON THE PREMISES MAY BE SOLD, PROVIDING A SAVINGS
CLAUSE, PROVIDING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City of La Porte has, in Chapter 6 of the Code of
Ordinances of the city of La Porte, regulated the location, closing
hours, and sale of wine and/or beer on premises in accord with the
provisions of Texas Codes Annotated, Alcoholic Beverage Code,
Chapter lOS, Section 105.05 and section 105.06; and in accord with
the provisions of Texas Codes Annotated, Alcoholic Beverage Code,
Chapter 109, Subchapter C, section 109.31 et seq;
WHEREAS, the Code of Ordinances of the City of La Porte
expressly limits the locations at which wine and/or beer may be
sold in the City, and further expressly identifies the names of
establishments and permit holders authorized to sell wine and/or
beer under the terms of said Code;
WHEREAS, a new applicant desires to sell wine and/or beer at
a location previously permitted in Chapter 6 of the Code of
Ordinances of the City of La Porte;
WHEREAS, the City has, pursuant to the terms of said Code,
made its investigation to ascertain whether said new applicant has
qualified for a beer and/or wine permit from the City; and
WHEREAS, the City has determined that the new applicant
qualifies for a beer and/or wine permit from the City;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF LA PORTE:
Section 1. Chapter 6, Section 6-78 of the Code of Ordinances
of the City of La Porte is hereby amended by granting a new permit
for the operation of a restaurant, as defined in said Code, at the
following location, which permit shall be personal to the applicant
and non-transferable, and shall be further conditioned that the
permittee shall comply with the provisions of the Texas Alcoholic
Beverage Code, and all other applicable federal, state, and local
laws and ordinances, including other provisions of this Ordinance
and the Code of Ordinances of the city of La Porte:
STREET ADDRESS OF PROPERTY: 2219 Underwood Building A&B
La Porte, TX 77571
LEGAL DESCRIPTION OF PROPERTY: Tract 490 A, La Porte Outlots
Harris County, Texas
PROPERTY OWNER: Antonio Trejo Ruiz
NAME OF APPLICANT: Tony's Barbecue & Steakhouse, Inc.
ADDRESS OF APPLICANT: 3404 Carriage Lane
Bay town , TX 77521
TRADE OR BUSINESS NAME
OF RESTAURANT BUSINESS: Tony's Barbecue
Section 2. It is the intent of the City Council of the City
of La Porte that this Ordinance merely permit the sale of wine
and/or beer during the hours set by the general laws of the state
of Texas by retailers selling wine and/or beer for consumption on
premises at the locations established in Section 1 of this
Ordinance. This Ordinance is not an attempt to create zoning or
other land use rights in property owners at said location, such
that the provisions of Chapter 106 of the Code of Ordinances of the
city of La Porte, the City of La Porte Zoning Ordinance, together
with all amendments thereto (as such provisions impose standards on
premises or businesses within the City of La Porte, regardless of
whether such business or premises are required to have a license or
permit under the Texas Alcoholic Beverage Code) govern and
supersede the provisions of this Ordinance, in the event of a
conflict between this Ordinance and the provisions of the Zoning
Ordinance and amendments thereto. This application for wine and/or
beer for consumption on premises shall be subject to the provisions
of:
2
a. The Texas Alcoholic Beverage Code;
b. Chapter 6 of the Code of Ordinances of the City of La
Porte;
c.
This Ordinance insofar as this
conflict with the provisions of
Beverage Code; and
Ordinance does not
the Texas Alcoholic
d. The Zoning Ordinance of the City of La Porte, and all
amendments thereto, as such provisions apply to all
businesses within the city of La Porte, regardless of
whether or not such businesses are required to obtain a
license or permit under the provisions of the Texas
Alcoholic Beverage Code.
Section 3. 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,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
Sec tion 4.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
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.
3
Section s. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this ~ day of October, 2007.
By:
ATTEST:
1lJW1r4. tJ. ~
Mar ha A. Gillett
city Secretary
APPROVED:
U(J~i:r ~
Assistant City Attorney
4
F
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 8. 2007
Requested By: wa~
Department: Planning:
Source of Funds:
N/A
Account Number:
N/A
Amount Budgeted: N/A
Report: _Resolution: _Ordinance: -X-
Amount Requested: N/A
Exhibits:
A. Ordinance for Industrial District Agreement
B. Industrial District Agreement
C. Ordinance for Water Service Agreement
D. Water Service Agreement
E. Area Map
BUdgeted Item: _YES ....x..-NO
SUMMARY & RECOMMENDATION
FR/CAL INTERPORT, LLC, developer of the Interport Distribution Center, has requested water service from
the City for its new 88-acre development located at 13301 Bay Area Blvd. in the Bayport Industrial District
(See Exhibit "En).
Council has approved a policy to provide water and sewer services to companies located outside its city
limits but within its industrial districts. These companies are required to maintain a current Industrial District
Agreement with the City. FR/CAL INTERPORT, LLC, desires to pursue water service under the terms of
this policy.
Based on the company's stated demand for domestic uses, the average daily demand for water will be
22,450 gallons per day (gpd) which in within the policy's limit of 30,000 gpd. This demand includes
utilization of water for the company's landscape irrigation system. The company will pay one and one-half
(1-%) times the City's current utility rate. Additionally, FR/CAL INTERPORT, LLC is preparing plans to
extend sanitary sewer service to its site. Therefore, a request for a Utility Extension Agreement and a
Sanitary Sewer Service Agreement (SSSA) with the City will be forthcoming.
The company is subject to Water Service Agreement (WSA) connection charges in the amount of $15,000.
Additionally, FR/CAL INTERPORT, LLC is assessed a pro-rata reimbursement charge in the amount of
$45,018.60 for its utilization of a water main previously extended by Lubrizol Corporation under a Utility
Extension Agreement with the City. Payment in the total amount of $60,018.60 has been received from the
company for all WSA related fees.
The term of FR/CAL INTERPORT, LLC's Industrial District Agreement and Water 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 the Industrial District Agreement and Water Service Agreement as submitted
herein. ~
VoVe..: Se e.. g;r x; eo cc.d; ~e. s e~-S /0 ..0 J?s 0 .H...
Action Reauired bv Council:" .
Consider approval of two ordinances: an ordinance authorizing the City Manager to execute an Industrial
District Agreement with FR/CAL INTERPORT, LLC, and an ordinance authorizing the City Manager to
execute a Water Service Agreement with FR/CAL INTERPORT, LLC.
JO/;J) O?
lDate
EXHIBIT "A" to AGENDA PACKET
IDA Ordinance
ORDINANCE NO. 2000-IDA-~
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH FR/cAL INTERPORT, LLC, 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. FR/CAL INTERPORT, LLC 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.
PASSED AND APPROVED, this 8th day of October, 2007.
By:
Al
ATTEST:
~.
IktlLI '(du/
~ha A. Gi lett
City Secretary
APZ tJ ~
Knox W. Askins
City Attorney
2
EXHIBIT "B" to AGENDA PACKET
Industrial District Agreement
:";
.'
"
,
~o. _2000-IDA-~
STATE OF TEXAS
COUNTY OF HARRIS
s
s
S
i
!
nm.l1STR.IAL DIS-TRICT AGREEJIIN'l'
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, 'I'EXAS, a municipal corporation of Barris County,
Texas, hereinafter called nCI.~n, and Fit. /CAL :rI\JTE~J>t)~T.,I t....'- C .J
, a De./now (lYe lIMIted tio..bi I:.f.~ SSl;p01:at.SIl, here1.nafter
~alled "COMPANY", COMfClI'I~
~~
"
WIT N E SSE T H:
WHEREAS, it is the established policy of the city council of
t!.he. Ci.ty . of La Porte, Texas, to adopt such: reasonable 1tlE!'asure:sfrom
~ime to time as are:perm-itted.by law and which: will t.end to enhcmc:e
tbe eo-onomie stability and g:ro.wth of .the C.ity and its environs by
,tt:rac.thig the loc.ation of new.. and the expansion o,f existing
$nQt1s:tries therein, and such po'licy is hereby reaffirm,ed a~nd
~d:cgl7'ti!-cl by this City Council as being in the best interest of the
ci.ty atJ.d' its c-i.ti.zens, ; ana
~AS ,;pur.suaD~to i ES po:l.i.cy , city has enact-ed Ordinance
Nio'., 72'9',; designating portions of the ax;ea ]()Ca.t~c1. in, its
e!:x.t;_~t~';rit.ori.al j'uri.s'd:igtion as . the "'Battleground Incius'trial
J\}#:(a,~.r:~~t of La.. Po~te/ Tlaxas:~, and; Ord$nanc'e If 0 .a42A, . de'sig~at:iitg
i?",;t::~C?~s of tb.~' area 19c:a,ted in its extraterritorial jiurisQ;i~.t,ion
I"'~' .'. .-lt~~ q'Bayp~~lr.t .Industrial I.liatrict o,f La:. ~or.te, i'e~as"',.
';it!:r:~$~~~-~E!'r colleat$v.eltY ~a:~leg 'IIrJi.!'i&trict 11 ,such Ord:inancell.~ei.l%g
~P"c:Q~p~~a.nc(! with t:f:7;~MlJni,ct.pa~ ~exa_tion .Act of '!exas, codified
~$'S'E!:~'i.on 42.0'44 ,T'eX&s,'Lgc'al GotVeriunent Co~e; and
t .. . WlfERu.S" Comp,any'is the>orrmerof land within. a de;s'ignated
~D;~~~~~~~~l.])'i.~:t;:igt;of t:he Ci,tyof. .!-,a f'C)r.te".. ~a;ic-! lan~_bei~g
~'~9J-a.+*Y .~es,c.~~~e~.()XJ. -t11t~att~~i1~di J;:xh.1.b-:L,t'!AltEhexe:l-~",:ft:er. 1t!lC!1l1d"'1;
~~g.~~$,9:-L~l1q...l:l~i;.~g.~~~, .P-~*~*~~f~:r":ty. ~:119~...-f?~a '.P+El'~ ~tt~~~e!ii ~s
~~;R;~:~~-l~, ~li.1C;:11-ptatd~s~;~b&lI--t~eowne;Elh~pbo~n~~ry l;li,e~ i a
~~~, 'l~yout ,s~o.wi.ng~l- :LmpJ;~:rveme~~s" inC:~~~;X1gp:ipel~;n:es.. and
F~;+~~'~d!~,. a.l'1~~*~o-~h~~:iL~g ~rea$. Q,fthe Lan.Q;p:revious,ly- aD#e~~d by
. t.hieC~_~;yofLa p.o.r~e;atld ' .
!, . -:-~~s.,~'>O~~l"Q.~~;~:r~z!. tc:l~~g(J.~~_~~~ th~C!'~~~~'~of2iar;g; gj:()'~:l1o.f
ltXl~u~~;-~al ,p,l~~~ ~~tll;tnllGt:J;~D~~tr~ctsa-ncl -f9r >s,uc-hpu;pose
'~~:;#~~<t:o' .~~~;~~ .*~~()'- t~~~:- _~$#:~~~e~t:: ,wi~~-_: ~mp~tl;r . pf.lr~!~~t ~o
'. 'r..a..,.;in.~.'-.'.'~.'.".'.".:.~........~.7;a......'~. ();p..~.._-.~._.~...;7d.:.._...~.._by., ..~bJ.; e.. '. C. '....:t..~.~. Y... .......Ci.,.~~. .C:L:J;. ,o..f sa:ul C1ty and reco,rded 1n
'heOff;t~J.~l m:J.nH.t~s' of s:a:ui C']tty:
, ..' WOW" ~H.E~FORB, in conside'ratiot1; ()fth~ p,remiaesanci the
~ut,ua.+. ClEJrrr-e~~,~~~ 'ofthe partie.s "c;oD~ained hjtrein .~nd pursuaIlt to
~he ;C!U~~o~1ty~r.anteti under the Munle"ipal Annexation Act a:n;d the
~_7q.1.~~ces of CJ. ty refe~red.to- above, city arid Company hereby agree
w-:tth each other as follows~
~1'!""'."'" ...___.......... ... _..... _.... _ __ .... A A .. A
i ~-
~-,,.-...
, I.
City covenants, ~gcrees andguarant-eesthat during the term ,of this
Agreeme'nt, - provided below ,,~ncls,~ject to the terms and provisions
of' t'his.Agre~ment>, sa$i,~ Dis'trictshallcontinue to retain its
extrater:r:it'orial status as an industrial die,trict, at least to tbe
extent tbat:the samec'overs tbe Lalldbelonging to company aIld. its
~iiJsigD.s.,unles5 . and unt.ilthe s.tatusof said Land, or a portion. C),r
!o.rt~ons'..,tl1~reOf', ....~~. an. ,1."l1dllstr.ialdisrric.t maYb.e chan.~e? pursu;ant
f;;o. ,the, terms' of en:Ls Agreement. S.ubJect to the forego1ngandto
th~ IGlterp,rovis.ion.sof this Agre~m~nt "city does furthe:r: ceveIlant ,
agt.ee '~nd guarantee tha.t, s\1chind1.ls.trial aist~:ist,. to. the .exte~t
that,i& ,covfe-r:s sa~d.. Land . lyi~gwiitbin . said. pistrict and 'not now
~i;h*1!?: the .... cogcoj-ate .1imi~1? .9f :C:i.ty, . S'hall. Qe immunefr()~
a~~xilti:QnbY' . ~it,y dur.!n.gt~~t_e:rm bereo'f... {except as. hl~rein~f~~.r.
Pl:~v:i~~\)\~n~s:hal1hav~noi r:ighttoha:veexte,ndedto .it~%1Y
s'e.~fe-~s;__ by~ll:'Yr and. that~lIL;mQ',includ;ingthat which, ha;~,bet!!'n
~E!~rE!;tQfc:"J:~ .' a~e:x:~d,- .sha,;11no.t . hav~:~xtendedto it. by' .or:di,:na~cca' a~y
rU;~~$;~~d,r7,gltUatiot1s' .~a.l' 9.c>v~r.nin9 p!la.tis' . ands;ubdivisiorl;:t'ofla,m;qi,.
(~rpre$(:r~hing emy :building,.e$,ea:tiic'al, p.lumbing or ins;pec:t.ion
e9~f::9':r:goties:" ,or tc):att:emptingt;OE!xer~dse in any manner wha:t:ev,,'r
cQl1ltto]Q"er the c\Ondurcit. ();f ,b~si~ess,thE!ir.eon;p'rov.ided f llolAlev;l!!~ ,
anYPol=tion. oifL~nd .c:onst:it:ut::$ng:,a 's.t;ip. of land 10:0:" wi~e ,a;;I1d
~91i~:~~quste' 'eii:~l1f3.r Faii.r;lll~nt~ai~~~~y ,S:t~te;ltignway22'S, .orS:t.ate
~..:r~~.p~l~t4t.;~~..n::;t~:::;;U:1>f~~~~
i()we~~~".it:tsag:r;ee:d- l':.l.latc'itys:n.a11 ha;ve' therigibt toins.titute
t~~\~iie~a;~~;~t'e:ri::al~'i;~aiiir~~t~:;
WE!x.ci~'Healtll &$'~f'~,ty' do'~e', oro.tbe:r f:ederal'or st.ateenvir:onmental
~aw~,i:uiI.,~~ro.rl:egttla~.iions ,tq,t.~e -'s~mf3ext;ellt"and ~.Q. the' s'ame
~Iitentan.d 'e;.feqi;; as.i.fall Lana covered: 'by" t:.llis Agreement wer~not
~UDject ;1:0 J~he,~greement. . //
II.
Jr.t1. ..t:l1e' ev,~I1t.that .~y.portion 9f the Landh..9is, here.tofore been
att,tJi~~~~,byc:'itY', .' Co~p'~;nya9:r:~~S:eo, ;enfier a.ncipay full CitY-ad
val"r!JD.i~.~e~ 9ri.su~;!la.~exeCi Lalldand imProvementsr,aIldtangiible
~~':r~~~~,lp:ropert;y.' . .
~pp~a.:l!3~:~,?:~ r;~~~~s.. ~~~~ct;;on.; . ,.~tl....pa:~t.J:~~' .r~o~:n~:&:et-~~t..:La
~lt1~ :s.ug'h~ .app;a;s~~f:9~r n:tnl:t:eu": . pa.ym.en~ . Purp9Ses:" . such
apP'rai~~;. m~:5~.o~ne'ceSJ.si.tyr apprais.e. ,.the 'ent.ire Cannexedand
'Unaimexed)L~a, improvements;, and t:angibl'e pers:onal p,roperty.
. i,;,.
, '
Nothing ~e:rein cQn,1;:a~ned shall ~ver ~~ int;~FPre~ed Cis lessen~Ilg the
a~thority of the H~~ris .County ~ppraJ;sal D1str1ct to e's;tabI1~h the
appralsed valu,eof L~nd, improvemen;ts, and tangible pe'rs'onal
property in the annexed portion,. for ad. valorem tax purposes.
III.
A. On c,r before April 15, 2001, and on or before each April 15th
t;hereaft:er, unle.s's an extension is granted in acc'ordance with the
$'exiisproperty 'Eax Code,throu.gh and including April 15, 2007,
Co.~p~y sltaI1 prCi)videCity. with a .written dE!scriiption of its Lalld
a.Ilda:l1,itnp'rQ'Vernent.s. and tangible personalp'roperty locateq on the
t~d ,. as'o,f . the '. innnediatelyprecedingJanuary . 1st, stating: its
op4~;on, o'fttl~l?r9pertyt. s:market Va~ue;i .ancibe'ing sWorn t9by~n
au~h()riz.:edp,:fficeJ:' of' the Company a~th~-rf~ed to do so , or. C9mpany'" s
dt.\ly'aui;h;or*zed agent',. rtDie Compa4lY's:IIRend.'id::i.on." 1. .~omp'~Y.lll~Y
fi~e'$,~c~~~n~i,tiono~ a Harris, co.al1tY~PP'r;;1i.~a:l Dis,tric;.;-eIld!iti"n
fOarntr.l?;! . s:tm~larform.Thep,r9pe'1,it:tes wl'ach the,c.qmpa1l;Y lD;US.t
r~1'i~e':rtanclupon.' which the . II. in- liE!uo:f'lf ..~axesareasses's,eg;.a.r.emc)it"e
'~1.j;y'ae'scr.;p~din~'ubsections 1"a,. and), O.fs.uDsection D',' o,fth.is
!ara;g;r~ph,I.1I '.soinet;imes col1e~t:.ive'ly ..'called' the npropertY"J.;,
prC)~idec;l~ .....ho"'eyer,< .po-l1ution controI.f!quipment, inst;alled onf;he
La#ci..whic'his' .exemp,t . from advalo:rem ...taXation.pursllant to . th;e
pr9~:i.~$.ODtiqf. 'SeC'. . 11. 3:1 o'fthe 'fexas, pr'ope-rty. '1'a~ COd;e'.. is exempt
from;'ilidfvalQ;rem taxation. and lfinli~u o,f'ta.x~Slf here,unde,r.. .'. A
fil;t]'li11:ebycompa:ny' to. . file a Rend'j;ti,on, . as,pr.ovidedfor . in, this
P'a:1E'ct9;-aph,'sJl'a.1El'constitute: a ~aiV'erbycomp'any f()r the current .tax
llaar~tofal]rights: of protes;t an&\ia~pe-al.uncIer the terms o,f t~i,s:
A'.g\#e~~ent . . '. .
B,.. As. pa~t'o;f its rendition, Company shall furnish to City a
~ft.ten.. .:report of . the names . and. . ad.dre'ss:es, . ,of. all pers;onsx'. and
~t,i.t$eel' W~g: s:t:or~: anYt~9iblepersonal,};);oPl!rty ontheL~dby
~,!;lllt~Itt:, :J;,e'cts'e, .cC)ng;.tgnment'i' C);'c:Jther'arr~ll~,mentwitpCo~a1'1.Y
.{ rrp;r.~q;~t~i~_;:I:t~'~C19'{;!'''}. "andiarein .~1p;~'P~:U;'''~sFion or under. . the
~~ag~lt\ento#Company'., on January 1st o:~ea(:hvaIue Yeax,fu.rther
g.:ivi119 ..~. . de'sc:~i.ption o'fsuch products: in storage..
~.. .on 0!!i~!l'>1'~ t:.li;eJ:~ t':"" ofD~..11!9~. :ll.i.lllfli~. or :t II day.... f~m
~~j.l:i:n;9'of ~~pc:;:pj.J;la~4 iIt .like. mai1I1~'r()n, or b~fo~e each Dec:et1lber
)l~t .'.1:hte:L-.e.af~er," ...::tlu;oUgn ..~'l' inc']ud!~g;Dec~n1ber. ".3:1,% 0'Q7,. . COll'lp:~ny
~l1~I~ 'pa.y . to CI.,~.y ~nil;moWlt 1f':i1:li',+,~,e.~,o.~' .ta:~~S." o~ Comp~t1Y~s:
"~()!,?'~;~ty. 'a;S:.Qf. J:~llaryls:t.o,fthecu:r:t:e'nt eafendar ye.ar ''''Value
learu'l. . . '. .
]p:. 90~panYC9;''JF:f!~~~()c.1"~'#d.e'r.t,()'c.:'$.t~..~dp~yanarao,urlt. "in l,jeuq.f
~~~::~t:yO'rl"Cfl"~~~e~~~~r~i~~~~imt~~'~ije~~~1n.;::;:ib;Ie. .per$~nal
1.
Fif,~Y~~~e:t~ p~':y;g.et.lt. ~S~%,lJ?i.t:b;t:! amC)'unt .0:1: ad valorem
~;~::~~~i~~~:Olt...i~,i:~l{~C:ls....~~i~~i:~1ti:':'e4a~~.. ;~tu:~;
1,;..~;lJ';O;:1!" danp=~a~~ JGt.~~Cl~lthe,r~aift~~p'f,n the- ~pplic'~ble
V~l~~:t~al:'Qu#'i.ng..the:'~:t!l:n\o,f;h:lsAgrel!ment, {ex;clud:b.lg
a. 'm...o'lJillts....'..I!t. ".' a. tr. ..able ..."u.: :r..' :~:u."';an...;....t.'; .... tc. ... s.'u. :b.,~..a....r.a.~r.aP. h.,.. 2'. b. elow. "J... '..n.. .'CI.....d.
.:.,..,,;,,__-.,.l:;..'~'._ .". ',-,:__.-_."",~.. _, _ ,__~, ,..::Ii. , _. . _._.," .__
be'en with:t:n the corpo.rate limit.s of C'ity and appraised
'11.'.,'.'
i
r?
f
:1
" r
f
J!.
e'a,dhYE!~r,byCityr s iIldependent appraiser, in accordance
wi.tllt;llel~pplicable provisions of the Texas Property Tax
Code,; and '
2.
qri any substantial Increase in value of the Land,
i.mprovements, and tangible personal property
(excluding inventory) dedic'ated to new
c'onstruction, in excess of the appraised. value of
same on January 1, 2000, resulting from new
construction (exclusive of constru'ction in
p,iogress, which shall be exempt from taxation), for
ea~h Value Year fol I owing completion of
clO~struction in progress, an amount equal to Thirty
per'ctent (30,%) oEthf! amount of ad valorem taxes
which would be payable to City if all of said new
CC';lIlstructicI1, had been within the corporate Ilnd.ts
of 'City and appr.aised by City'S ind:epenaent
appraiser, in ac,ccrdance wi th the app.licable
provisions of the Texas Property Tax Code.
(b) A Substantial Inorease in value of the Land,
ianprovements, and tangible personal property
(.excluding inventory) as used in subparagraph 2 C a)
above, is' defined as an increase in value that is
the lesser of either:
(a)
i. at leas.t Five percent (5%) cf the total
appraised value c,f Land; and; improvements, on
January I, 20'00; or
ii. a cumulative value of at least $3,500,000.0-0.
For the purpos'es of thi.s Agreement, mUltiple
p-1!'Qj;ects that are completed in a. Value Year can be
cumulat.ed' to arrive at the amount for the increase
!n(vialue .
(el
lt~e~isti~g Property values have depreciated be~ow
t~~'p,ro:p~rty value establis,hed on January 1, 2CO'O ,
a~_~iUQup.teqlJ.al to the amount of the depreciation
~ilJ; l>e' _ ,re.M,Oved, from the- calculation. under this
~~p~~agrap~ 2 to restore the value to the January
l:t.'--2Ii)O:O" value i and
3. i'$:~~~7~:~;r.~Et P~;r'c~nt (5:l~L 9'~ _ theam.9ul'lt of ad valorem
~~7~,:y!~~,ahi wco~l.d be p'~Ya.llle., to C':tty on all o,f,t~e
q9~' "',)i~'-:.", t~'l1g;$.:ble pers'q'lla1 , pr.9j;i~rty ofevf!ry
ct~ "''!~~~~h+"o~~te~ .i~ '~n irJ;tlustldal:d,istrict o.f City,
i~:,~:~~,; !i~l1~~t;:li.rn~,t;,al;iQ~, ,iIly:el1~~:ry~> oil, ~a,~.,~nd
l1,l7~.:~'~p't~r.~s:t~" j.,t'emsof ~ea.se!Cieq;u:tpment, raJ; lroaclllt
p;t;c",._,."~,:~~tr an": p:r;gci~c.t~. in sf:;o>r~ge loc.~ted on the . Laria,
i-,f:.;~-~!f;:~J said tang'ible pers.onal'prpperty which existed
fJ~;IfJl,~~1:Ji~:r1 1,4'00:1, and eac'h January' 'lthere'after b,f the
ctJ?PJ;.~Q~p'-le Value Year during, the term of this Agreement,
l11~~.'. '~~'f;1I1 within t;b:e corpora.tel:i1nits o,f City and
appraised each year by the City's independent appraiser,
in acc()rdaIlce with the applicable provisions of the Texas
Pro~erty Tax Code.
with the sum of 1, 2 and 3 reduced by the amount of City's ad
valorem taxes on the annexed . portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
ih.i$ Ag.reement shall extend for a period beginning on theJ.st day
~,f January, 2001, and continu.ing thereafter until December 31,
2.QQ7tunless extended for an additiona.l period or periods o,f time
UP?ll mutual consent of Company and City as provided. by the
~~cipal Annexation Act i provided, however, that in the eVent th.is
f.9:r~ement is. not so extended for an additional period or periqds of
time'on or before August 31, 2:0,07, t;he agreement.. of C':Lty n,o,t 1;.0
aiiulex property of Company within the D,istrict shall terminate., In
1UiGli1;eyent ,e'lty. shall have. the '. right to commence illlm~'4i,at,e
~11iJ;1~~at~on, proceedings as to a.ll o.f company's property c'ove't"ed by
t~i$;~reement, notwithstanding any of the terms and provisions of
thJ.sAgreement.
c'q~p'any ag;-ees that if the Te.xas Municipal Act" Section 4,2.,0'44,
T~~~$',Lpc::al G:pvemment Coqe,.:is amended after Janua:cy 1, 19'9;4, or
an.;.y'newleg:isla.tionis thereafter enacted by the Leg!islature. co'f.. tone
~;:~\~Ero'f Texas. which imp'o:s:esg.reater res,t'rictions o.n the right. o.f
~~f!.~'. . to an.neX land. .belong,ing. . to . CotnP'any orimpo.s:es f,urther.
tp'l,:ig~~,~onS' ()'9- city i~. COnn,ect;o~ the~eJ~~thafter the an.nexatio]7l. C),f
~Ul9i~,:l~d,companywil1 waiV' th~r~ghe, tor,equire City to c:omp]y
wi-tij, any sucft additional r.e'str,ictions or obligations and the r$ghts
~f1.t,:ti1~:>partie$ $Aallbe then .dete:rmined in. accordance with" the
p+o'V~s.'ioIls: of ~aid Texas Municipal Annexation Ac.t:. as the' /pame
~:x:isted January I, 19,9:4. / .
!
v.
i.
!hi!!l-1\gr~etnent. may be extended for an additional period or pe'riods
l1Y'agre~mentl>etWeen City ~ndCompany . and/or its as:signs even
tho~g,l1 ;t is. no.t ex~en~~d by. ag;:reement b.etween City and all of the
oWl1ersof all'land within the District of which it is a part.
VI.
~,~ " ........ .~.I,1..the, even~t .C()tn~'any~l~ec::t~ . to . prC)'ses:t th.E7v~lu~tio~forta:x
'!'P:~~'~~~' ..se~Pll..1:t;~s'~iqp1:o.p,ert:..:teli: ~Y(!JitY~;rbrth! a.;~:r:r1..~ gO~:nt;Y
~~~f~~'~a.1D:~~trir:t,}~:r;~y yc!a;ro;r:y.e''I!~s dlJir.ingthe terms l1e:reo,f',
e.9;F;]j,i~51:.i:r:l tli!~~~:r:,,~m'~r.J:t. ~~a:J.lp1iec;;udi~ su;cl?;i?r()t~$~ .~nd Cpmp~y
~1il~~:~JJia:vE! .1;'.1ilE!x:1ght to: take'Ct.~l: leg,al step'. desl~ed by it to
iedue$ . the' S'am. e. . .'
7: .:', :-,-, ;:/'0-";' - .". - - ,.
,- '.
1-': ',.'
~o,t~i~p.sta.nd;i1ig such p.ro.tes.t ~yc:.ompa:rtY ,. Company agrees to pay to
~~!:,)"on ,o,rbe:fore the da'te therefqr' he:r~.inaD()iyep':rovidedr at least
~lte' t,.9tal of. (althe total amount of act valorem taXes on the
~~:i;1~~~'c:l portions I Pl.us Cbl t'he' total amc;lunt of theu i.n . 1 ieu . of,
tax~~.'" on the uuannexed po'rtions of Ccirnpariy's bereinabove de'se'rib~d
prope'rty which would be due to city in accordance with the
fo~egot;tg;. provis:iQn!i:9~this. Agreement on the basis of renditions
wliich sliall be filed-'by Company'..
,hen the C'i~y or Harris County Appraisal Distriot (as th.e oase may
.e)' va:uation,on. s'aid. property of C~mpanx.. has been so finally
a.eternu.ned, sJ.ther a~ the result of f1.nal Judgment o,f a court of
bo~p~t;:eflt. ju;r~sdicti.on' or ..as . the :-esult of other .fi~alconclu~ion
o,f the' c'ontrove;-sy, th.en wJ;thI.n thJ;rty (30) days t:;herea;ter C~mpany
shall make "paYment to city of a.ny additional payment due hereunder
masedon such final valuation, together with applicable penaltie's,
interes.t:.s, and ~ci:sts.
B.Snould Cornpan.Y dis~gree with. any app:raisal made by the
indep:etid~nt appraiser sel~c'ted by City pursuant to Arti.cle II. above
(:whiCh. shall be given in writing to Companyl~ Company shall, w'ithin
twe~ty. .~2'Ol . dill'S. c:!. r.eceivingsuch copy, give written; not:ic:e to' l:he
c'ityofsuch d..isagrt!!:ement. . Intne event Company does not give s,~ch
wr;it~,~ -no,t,i.c'e~of Qis'agre.ement. wi1:f1insucn. time. period,. the
ai?P;E,~;i,~alma,de by Slaidill~epe1identa.ppraiser shall be final ana
cont:ro,llingfor pll.rposes o,f the determ':i.nation of "in lieu. of taxes"
p~Yments' to' bema,de under tbis Ag,reement.
~.." .
1119'li1IdC()nlpa~ygi.vre such notic'e' o,f disagreeme.nt, CotnpanY shall. also
~~mJic~. ..t:o the >C:i,t.Yi/ith s,uch, no,tice.. a w,r'i;tenstatement $:~,~tlng
f~~t;~.wha;,t 'C:cun:P'~lll". -beli~V'~s; to .be ..tJile . market value ,0'; company" s
h.~~~~niWoyed~s;ch:'ibedproper~y. '. B'ot;h .,po1irt!es ..' agrEae. toth-~:reupon
~n\~.~i'fnt:"o. G;Qod;'.. fCli~h.nego,tjia.cions in.; an . Ci'ttell,lPt t'o reacnaIi
~9i#~~m~I1t-'Cii~t,o; . t;l1e:m~rketV'a.JLt1e:. .... o'fco~a11Y":s. . p'rc?P'~':r:ty.'f.o'r. . Q~n
+.i,~~i~:;p'~~~~~e;s,l1e'reu~tiier. . If:"a~ter' th~'~xpfr'ation ..ofthi:r;.ey. J30.)
da.~a.'f:tottt:the".date'the. n()~ic'e.o}f disCi9r,e-ement;; ..w~s.r~c'eived, by C'~ty,
~~~,.~.~#t:i~'~.h:~VEti '~p;o'~: 'r;fi~9'~ed:. .~gr.e~~~:t1~ a~to.s~ch '1nal:1t~'~-;~a..1-u,;e,. the
1.1;1tt..!~:~.u ..' oft;a.1C~~'!~~~;re.on '~,ort.l1e:las.~pre:ce~ing year,;wl11clnrver
~$: .LU.g.t~er. . ...... . ..... .
. -. - . .
1.
yeal.'Jin, qu..e:~t.~.():rt.. . The Boara:'shaIlhearandcons:ide-r.all
relevant and material evidenc'e on that issue i.ncluding
"
,
~
.~;
'.
i~
:'E."
;:[
eXp~Ft 'opinion, ~nd ,s'l!all render its written decision as
promptly, as, pJ:acticable. ,That decision shall then be
final and binding upon the parties, subject only to
judie.fal revlew as may be available under the Texas
Genera.l Arbitration Act (Chapter 171" "General
Arbitrationn, 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 imp,rovements thereon, and all tangible personal
property thereo.n, in the event of default in payment of n in lieu of
ta~es" payments hereunder , which shall accrue pe'nalty and inte1:est
;tn like' manner as delinquent taxes, and which shall be co:llecti.ble
ay C':i.ty in the same manner as provided by law fo.r delinquent taxes.
VIII.
Thi.sAgreement, shall inure to the benefit of and be binding upon
eity . and Company, and upon Company's successors and ass.i.gns,
af:f':L]~~~e,s and subsidia-ries, and shall remain ,in force whe:ther
c;l?IJlP~ys,elIs, assigns:, or in any o'the:r: manne,r dispo:ses o.f, either
!o;~~~tar~:nY or by opera:tion of law, al~ or any part of the p.roperty
}))~:h:f?~!:Iii~g to i t withi~ the territory hereinabove des:cribed, and the
a9iit~~iI1t!nts: herein. contained sbaIlbeheld to be oovenants running
w;dt~~t:~~:.land 'owned by' Company sdd;uated within sa,ia territo.ry, for
s6:_1qp;g as this Agreement or any extension thereof remains: in
fq-#~e~ .'Comp,any snal.lgive City written notice within ni~ety' (90)
~~ts,.~f;th full particulars as to p,roperty as:signed and. i.dienti~y of
~~~:~~~,E!~, o.fany dispo'sition of the. Land, and assignment o'f'/this
-Igir'eemen:t .
~; '.,','
*f IX.
~~'-C:i.-t;y eI1te:r:s,~nto an Ag'reement with any otbe'r lan40wner with
p~l:i.pec,ttto .an industrial d:.istrict or enters into a rEi:newal o.f any
~~l~~t;i.*g" inqp,s:trii;1.1 d;;ltrictagreementsafter the effeceive date
lttfa;X:~~,f..~ti:.~Jili;lethis ~,rt!~ment is' inef.f.e:ct" which contains: terms
~~:R':r;ov~si..Qn~-m()%"ef.a~Q.rable t:othe l~downer thanthos:e in this
tlg(t~~~~t,:, 'E:!()JD,panya~d its: asslgns'I3'hal1bave: the, right to amend
~'~~'_~'Jtfl~ll\E!llt' alld City ~grE!E!s.' toaniehld sam.e 'to- embrace the more
favq.r,,~1:@!' terms o.f such. ~greement or':re~ewa1. agreement.
x.
'l.l1~<!i~~ti.es aogree that ,t.his Agree.lttent complies with ,exis,t'ing' laws
p.'e;~t;,~;~i_~g, ~(), tJ:;.e s~':j:.~ct 'and tha.ta.ll te.rms.,cons'iaerations a.nd
P'E>raclt,t;9"Ds ,s~:t fo:r~h~ere.in a:re law#.til" reasonabJ:~,. approp'riate,
~~".,.,';t9t ."und.~ly r~'stric,tive o.f Company's businessactivitie.s.
t~t::'1.I(:)~t. such a9ree~ent neither party hereto would. ,enter into this
A~~~:f!:~~~t. In th~ event anyone or more words, phrases, 'clauses,
S(;t~~f!.I1C~~, parag:r;-ap.hs, sections,. articles or other parts of this
Agreement Or the application thereof' to any pe.rson, firm,
. . . - .
. -. '-,.'-C ,'..... _ _
co:rpo~a:tioq" o~ . .c1;r;curilstanQes .'~p.-~,llbf!J:tE!l~ . py . any court of
comp'et;et1tjurj;-sdiet$~~'.t:ci be'!iLriy:as~*Ci 'or .un~.o'l1~~iJ:u.tloItal ;q;r any
reas,o*,the1l .~itt~.',~pp.I~;g;~:~~on;,:i;n:Vac~*di t l' .o'ruI1cons.ti tutio.nal i ty of
such words" pib.r~~.e) 'Q'l~\;l~e,.s~nt.~~~e" pa:r:agraph , section, j9;rt icl e
or9t:ne'rp~u;t: ;q~~t~~.~g;reernen~ '1!I,p;allbe . deemed to be ina~pendent of
and sep,araple frc;,mthe rema.i.nde~of this Agre~ment and the validity
of. tb;e rema'~ning: part.s of this Agreement shall not b. affected
thereby. .
XI.
t.1~on the comtnencement o.f the term- of this Agreement, all other
previous:ly existing industrial Ciistrict agreements with respect to
said Land shall terminate.
z.. \ ~ AUSlE;;[ 'ZtXJ 1
EN'I'ERED INTO effective the ~ day of January,.-3:991-r-
By:
Name:
Title':
Address:. 0
HousnN
f.~~
'/
Alt.o
Mayor
ATTEST:
::1YI(Jd~/L y/1$/
C'1ty Seore:tary
By:
~
' .... x'W',;.ASik'lDs;
~it.Y'..lJ#~:g~!j-"."..'
Cf,ty6f ,La . Porte
p. ~O.J3()x'12'18" .
La Porte,u 7'7572-1218
ay: ~~~ f-
Iz?;t;E!~itlt, .C'iLt,y MaI1a~er
c.:!T~,Q"~:PO~TE'
6,04W~i~t;: F:aJrmottt: Parkway
LaPorte ,TX 7'7571
", - ~
n"BXlt~"I'l! AI
(Metes and Bounds Description of Land)
.' -'
I' . tJj,
c;.
~/k
d4\P.J,!
i_~.A:;..~~-7
'-'
-
.,
!
,-' ",.---~
~' ;..
AN 87.908-ACRE (3,829,248 SQ. FT.) TRACT QF LAND BEING QUT QF A
CALLED 237.103-ACRE TRACT CQNVEYED TO. THE LUBRIZOL
CQRPORATIQN AS RECQRDED IN THE HARRIS COUNTY CLERK'S FILE
NUMBER (H.C.C.F. NO.) C563972, LQCATED IN THE GEORGE B. MCKINSTRY
LEAGUE, ABSTRACT 47, HARRIS CQUNTY, TEXAS.
COMMENCING: At a found copperweld rod number 2216 in the north line of the
George B. McKinstry League, the intersection of the south line of a 50-foot Southern
Pacific Transportation Company Easement as recorded in H.C.C.D. No. D867930 and the
east line of Exxon Pipeline Company Easement as recorded in H.C.C.F. No. R930140,
the northwest comer of said 237.103-acre tract;
THENCE: Along the common line of the south line of said 50-foot Southern Pacific
Transportation Company Easement and the north line of the George B. McKinstry
Leaque and said 237.1 03-acre tract, North 87 deg 25 min 45 sec East, a distance of
775.81 feet to a set 5/8-inch iron rod with cap, the PQINT QF BEGINNING and the most
nQrtherly northwest comer of the herein described tract;
BEGINNING: Continuing along said common line, with the same bearing, a distance-of
l,in.96 feet to a set 5/8-inch iron rod with cap, an angle point; -- ,
THENCE: Continuing along said common line, North 87 deg 26 min 12 sec East, a.
distance of 1,154.46 feet to a set 5/8-inch iron rod with cap in the west line of Bay-Area
Boulevard, ISO-foot public R.O.W., the northeast comer of said 237.103-acre tract and
the herein described tract;
THENCE: Departing said common line, along the west line of Bay Area Boulevard,
South 01 deg 00 min 45 sec East, a distance of 1,613.57 feet to a set 5/8-inch iron rod
with cap, the southeast comer of the herein described tract;
THENCE: Departing Bay Area Boulevard, South 88 deg 59 min 15 sec West, a distance
of 1,364.87 feet to a set S/8-inch iron rod with cap, the most southerly southwest comer
of the herein described tract;
THENCE: North 01 deg 00 min 45 sec West, a distance of 849.56 feet to a set 5/8-inch
iron rod with cap in the northwest line of the 50-foot easement of Tennessee Gas
Transmission Company as recorded in H.C.C.F. No. C533723, the interior comer of the
herein described tract;
THENCE: Along said northwest line, South 65 deg 54 min 12 sec West, a distance of
1,178.12 feet to a set 5/8-inch iron rod with cap, an angle point;
R.'!.)HC>,'//.>-/. r)!~."(-r i.JE,\T> !),<.,;:(;/-'L.""iT 1iB.doc
- 1 -
THENCE: Continuing along said northwest line, South 66 deg 15 min 53 sec West, a
distance of 461.09 feet to a set 5/8-inch iron rod with cap, the most westerly southwest
comer of the herein described tract;
THENCE: Departing said northwest line, North 29 deg 17 min 22 sec West, a distance of
260.30 feet to a set 5/8-inch iron rod with cap, an angle point;
THENCE: Paralled to and 77.00 feet east of the common line of the east line of the
Exxon Pipeline Company Easement and the west line of said 237.1 03-acre tract, North 02
deg 28 min 20 sec West, a distance of 629.69 feet to a set 5/8-inch iron rod with cap,
being the point of curvature of a curve to the right, the most westerly northwest comer of
the herein described tract;
THENCE: Around said curve to the right, an arc length of 303.73 feet, with a radius of
416.59 feet, a central angle of 41 deg 46 min 27 sec, having a chord distance of 297.05
feet bearing North 18 deg 24 min 53 sec East to a set S/8-inch iron rod with cap, being
the point of curvature of a curve to the right, an angle point;
THENCE: Around said curve to the right, an arclength of 283.02 feet, with a radius of
411.89 feet, a central angle of39 deg 22 min 06 sec, having a chord distance of 277.48
feet bearing North 58 deg 59 min 10' see Eastto a set S/8-inch iron rod with cap, being
the point oftangency, an angle point; " ,
THENCE:; North 78 deg 40 min 14 sec,East~a,distance of 353.39 feet to the POINT! OF
BEGINNING and containing 87.908acresor3,829,248 square feet of land, more or'less'.'
R:,D~!.'C;'f~('1:" .r~l <(--'! ! !,r:\ T)',:,.:r'i56l")L.'i f..,lIB do"
- 2-
: ,;'
~. ';. .~,:- -.
'!'BDJ::B':I'1'~:i!!
.' .' ,. .-<,. .-.
fAtt:acl1 Plat. reflec~i~g the owners'hipb.o~ndaJ;Y lines; a
site:, ,layout ,s11q,wing all "i.mpiov~mla~ts'" inc'Iuding
pipel.ines aIlid J;ail:r.oadis, and also' s:11owi'nB areas of the
Land previous:ly annexed by the City of La' P'orte.)
....~ .::......,::.:.~ ~..,,=.:;:
--
:~,:~::::::~=--=
~;~fl1~~~:
smR~ SEWER C,l,ICIJLA'!illf5
~;:~~~~:
i
!
,
,
,
!
I
I
!
I
l
,
. .
. .
,a"
" ,t
'2,J
Il I.
" '"
..' iii
" ~
..
..
'"
,..
'"
'"
'"
,.
,.
,.
,.
..
..
..
."
~.1lI 11..
UII. 1I.>ll
011I UIl
~S! l1r
lUICI l:1l
~S! '111
~1lI l.1Il
011I I.
,UII. l'a
o. I....
QIlI'II.:1l'
oS! "II
QIICI "'loI
411I "I'
~III 11!11
U~ ..511
t.r:., ~: ~ ~~: ~~ &.;/ ~~~
,-'00'
..
..
..
.n
'.11
..
r,ll
..
<on
11..
".
".
...
...
...
".
-
""
n..
..
..
..
."
n.
..
..,
...
...
..
11.'11
l' ,~
..
- ~
~ ~
0.111. 4111~ 1511
11..'''' 1l.Qt3. i.1<I
"..... <: f, ,- ".........
1Et:.,~ 1:' .;IN ,,,......, "",,~, Q "'-' "".... -
.tc.. 11 11._ ~: :: ::: ~: :: ; :- ~ :; ~~ ~~
\
~~-
f
f~~~!~r
l ~~~::~~~~_,
!~k~f~~~
S 3/1':59'1'" II' -
------------===:::::::;:::-- -
.-'~~~~~~r
-J!J:':;~.. .::.:~~~
--_!.!!! '~-",.
;::=::::::~~".,.~-: ~- ..-=~;~,~-;.;....~~
_ ~~~r.,=;~'-~
@-;w'" "".~~'u.rt..,'...
. -I._>I<UJI
__ gli~:;;'~'
;.i"~~~~~"~:~,u
....,~".,. ~.ffw~=_. ,~,-."""""""'
:..:.~...-:.-:'~,.:~",.".o-:~:~.,;-..~,.:-:u- r-:' f-O"__
~ ,-,,--,;:"--.J!l'--.L-"'k. "~'. l
~~~~~.~
j"".-('''' ~~
"".....~.~.-
--..~~
, ,r'~"".
r?:::~-; ...~,
""-Z1::~,
'I/ta_
C!WSS S~CT~~N .C-C'
8R~";I~
~~~~,1~~'3T.aC:s:;.NE\
l/U.~
~~~'E-E"
VICINITY MAP
~c ,C"L~
~j;:S ~Pf}5J~~9 I) ~~~
ZIP CODE 77507
~~.
i
L
@
--
::.-.........
---
CRO'iS'i~,~N '0 o.
'.
-iH
."'ak:'i-~
L~:_.
1IA..,a.lll.LUl
<;ROSSSFCflON"F-,"
""T.S~
~':v~Fl~E6,WA5!,FlOVtOE8f 'PINNEL
~i'u~T~~~T~:lrh~!a:iE..eER 2', 2~il6
1111. (71J) aOO-080B. '''~ (1111 <102-\221
I'RO]llcrTlTlE
INTERPORT
~/~;;'~BHU110N CENTER
, tl.RRIS caU"':1}', TEXAS
FIRST INDUSTRIAL
REALTYTRUST,INC
rllQtE.crl\lO
OR.\\'fNBY
OiI!r.KF.!:l
Sc..Uli
I
n~ UIl\\ It''Il'''''owlo> .
l!!iU IIBI!(. IIlt!:RC-H, JIJ/I~~; '!mic. ::
HOUSTON.. (EXJof nIJ:J1 "
ri/BH3JIJ-:J1'9 ~
powers
brown,
arc hit
ec.ture
lllif",.."""
s~". .U,
H,,~,,"'" r:; "QUI
71l1h d.l~(,
?Il1H.a1j7f..
OVERALL SITE PUN
& 5WQM~ SITE PL\N
FOR INTI:::RPORT
mSTR{6l1T!ON (rNTFR
~';\ DJl-,\'\'("lNG>jUMtlER
(~ir,~.:>> C 1
\,,~/
]: 1lI'12
'.F .:;
,
Ili]igIBl'r c: II
"agel' o.f2
RULES AND R.lfGt1LATIONS
~y .po,rtion of Land constituting a. strip of land 100' wide. and
c~~;,~:~~ous to, either Fairtl\ont Parkway, State Highway 225c, or ~~at;e
11~~Jiivr~,146: shall be subj,eot, to the. following, rules and regulatl.ons
pe:F~al.:r1ing, to. new signage, screening, driveways. and.. median
C#Q;s,~oict~rs,... These rules and regula.tions sha.llapply aft6ar the
e#f.i'c:tive. date o;f thi.s Agreement when Company de'velops ,or
cC)'iIa:t,;t:r:tJ.;C!~~ ~Il\prove'mentson vacant Land desoribed in. EXhibit . "A"
wh::f.c.i1.is~d:iac:ent to Fairmont Parkway, S,tate Highway 22'S'1 or State
H~9h~ay 14(;.
1. ~y sign erected: in sa.id 100' strip of land shall be subject
to th.e following: provisions:
. One freestanding identifi.cati.on ~d911 shall be. pe.rmitted
fo~ ~ach s:ide o.f an industrial . establis~me.nt that fronts
ol1;"an imProved public right-of-way.
. FJ:'~e:stand;bigidentif'ic:ation s'igns for single te.nant
b~i,ldd:.ng;s, s:11al1 no:t.exceed 150 sq~are feet in area.
.~~
ktr
..
O .. f.' .. t .' d' . .2. ~ t-" f" t ,. · f . d t... f' .
':g;e"~E!'t!!s,'an ':Lng ..L~enwll.cal.On s.1gn or J.enJi. Y1.ng
MlJ.'Jl.tiple businesse's.. is allowablEi at the int'ersection o.f
ini~:r:oved' pUblic rights-.af:-,way.
//
.
F:;~~s:tap;~!ng ide'nt.ification s~g:l1S for multiple bus.ines.ses
s''lif~:Lf not exceed 3.50 square feet.
.\...
. F;~~s:~a:nd.il1g: identifica.tion signs shall no,t exceed 45
~~,~,~. inb;eight; .
.~.
.1":
:;~
.~~~:~l!l,,*;t.S'~~P9-~~ for s~gn construction shall b~ ten (J.O)
:f;~:~t; iJ:om:~';()PEll!ty :f.in~s.
~~~~. :~~#!!J(. . ,~~~~~~#~.;.' ~O'S,,!~ 190' . st~ip is, .d!~!,elop~~, . the
1~~~l~~. .~,~, ,9#...!!,~;r.9 l3.t::t:1.P .D(!yoI1,d . a~y. . eX1stl.J;Lg1... pl.peliue
imr~_~~t~:~i~~~~il'r3t~~&l~
a}
. '~~~t~I.I;gl~~e~.fh~:tul~it~e~'~~~~l~'t;l:tt~f:'a'~~~~~~
~;:.\~l'iffqc~y~~l()PUi~~t. . ~.f~~~J19 ;~e~s" s:h~:hl, ..t~getl;t!r.witl1.
6:~~~~ ". vE!,ge~at ion and' Underbrush, create a continuous
V~"r.t~l screelf. .... . '. .
bl 'tl!J;~:' .!~e o,f earthen berms wit}; app:rox~mately .3:1 s:iciE!
S]LpP:~~' f SO" wide at the base and a' higb. The b~t1ns ~y
be landscaped with a combina.tion of trees., shrubs, and
,..,.,..;,,1.1"1'1' "^OCl'A'" "'" 'h..._... ......~ ,.........:l.._.._~__ ~.~.;.,., t.....
2.
"'BUIBIT CO
Page. 2 of 2
A screening plan, to be approved by the City, that
includes a combination of trees, shrubs, and. grou.n:Q cover
that after 5 years gr~wth will be at least 20 feet . in
hed~9'ht and s~all, toge~her with shrubs and ground. cove7,
create a continuous vlsual screen. provided,. ho.wever,! ..~n
public utility e.asemeflts o'r rights-of-'way I th~ veget:ation
shall. be installed and . mainta.ined in a: manner waic'h is
acc'eptable to the . PUlJl.ic. utility . company ,. and does B9t
iIlte:rfe.re. with theo,eration and maint..enanc.e c.f the
p~l;j;c utility' facilities.
Po,r items band c above,. the actual length of required
s:c:r:eeri.ing~alongtbe roadway will be equal to the length of' the
newdev~'1.9pment that> is:parallel to the roadway. screening
sil1alln~t,l:le required f".r ne,w development that is to the re'a:r
o'.f or~e'h.iRd eJC:ist ing facilities.
cl
I~.a~~9a;ses, the. 5,0 ' s,trip, along the entire roadway frontage,
s.~Cl,l+ '):)~'dedicatedasa landsc:ape . eas'eme'nt and shall . be k~p'.t
fJr:~:e,l;9m,a~y improvements except for approved driveway acce'ss
a~~' j,;de.t'ific:ation signs,.
~'li.)fr.c~ef:e'~ o'f new development or improvements where,. it> 50'
l~~!ig~~ap:~' e'as.ement is not available or practical,comp.any
13:~~,:LJLmeet: with City to determine a suitable landscai"ing
a.Jitt.li!.fjlat';.ive,
3- .I)\;*V(~~~Ysopeni.n9f:ro11l ~aic:i strip of land. ont,o state. Kignwa.Y
4~{,?;;@#"~;1:ate lIi!iJ!hwaY146. shall be sub,jec~ ~o,the, ru1~s '~~d
r~~~~~~~.C)~s.o; tl1l! .'fexas D~partJnent o,f Transportiltion.and
P'~:9~4-j~9i.lS:of the City' s Code of ordinances, whichever is, moxoe
:i:e:-t:li*ciit.,tvB. .' '.
D~*l{~~iIi~~;. 9pen~ng . from.. said s:tr.ip of .la~d. onto. Fa;:trmont
:P.~.~~~~Y;:-~JJ.~Ilbes~j"~ctt.o the. ~l;l:te'$allcf' :r:8S}Ulatipns 'o'~
tf~i#:~~;':,9~U!!f1.' .'~~.. P:1!'9V~~~CJ!l~6.'f.' tlje Cit;,y'; $CoQe of ord.lin~6'e's,
W{r;:~JiI!~!~ ~S' more re.str1c~1ve.
4. g~.ij!j,y~ ..()PEt~i!,';gffC)ius.a$d.lJtriip of IaJ1ci ". on.t'o . Fairmant
':e~~~.;,"''''~~~:h~11b.~l~p.p;Cved l1Y .tl1i~ CiLt;y az;C1may reqp;ir.e the
in~;e; <iltion o.f separate' acceler.a.t:ionldeceler~tio1'i lanes.
5 . IIt~.t;~~~"t:ion of a median crossover on Fairmont Parkw.y shall
ce$l:1b.ject to the approval o,t. both Harris Co.unt.y and City.
EXHIBIT "C" to AGENDA PACKET
WSA Ordinance
ORDINANCE NO. 2007-3033
AN ORDINANCE APPROVING AND AUTHORIZING A WATER SERVICE AGREEMENT
BETWEEN THE CITY OF LA PORTE AND FR/CAL INTERPORT, LLC, 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.
PASSED AND APPROVED, this 8th day of October, 2007.
By:
Alt
Mayor
ATTEST:
~~a ,4&(}//
Mart a . Gillett
city Secretary
APP&~?U c{k
Knox W. Askins,
City Attorney
2
EXHIBIT "D" to AGENDA PACKET
Water Service Agreement
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 FR/CAL
INTERPORT, LLC, a Delaware limited liability company, 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.
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. 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:
III.
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.
.-
2
Upon review of these representations, the City has determined the following:
Number of Company Employees on site
299
Number of Contract Employees on site
o
Total on-site Employees
299
Potable Water Approved for Domestic Use
Total on-site Employees times 50 gpd per employee)
14,950
*Potable Water Approved for Industrial Processes (gpd)
7,500
Total Amount of Potable Water Approved for
Company (Average Daily Demand, gpd)
22,450
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 $15,000.
(B) Potable water used for Industrial Processes shall be limited to the following:
Landscape Irrigation System.
(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. caMP ANY shall be responsible for installing
appropriate meter box to be approved by City.
(D) The total amount of potable water approved (average daily demand) is established at Twenty
Two Thousand Four Hundred Fifty (22,450) 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 industrial processes.
3
(E) The average monthly demand of Six Hundred Eighty Four Thousand Seven Hundred
Twenty Five (684,725) gallons is established by multiplying the average daily demand by a
factor of 30.5, which shall be used to facilitate service billings.
(F) The cost of water up to the average monthly demand of Six Hundred Eighty Four Thousand
Seven Hundred Twenty Five (684,725) 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.
(G) 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.
(H) Nothing contained in this Agreement shall obligate CITY to furnish more than the average
monthly demand of Six Hundred Eighty Four Thousand Seven Hundred Twenty Five
(684,725) gallons per month. Repeated consumption greater than the established average
monthly 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.
(J) CITY reserves the right to enforce its drought contingency plan on all water customers at
CITY'S sole discretion.
(K) 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.
4
(L) COMPANY agrees that it shall be bound by all applicable ordinances of CITY, relative to the
furnishing of potable water to customers within the corporate limits of CITY.
(M) 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 CaMP ANY.
(N) A reduced pressure zone backflow preventer shall be installed and maintained by COMPANY
to protect CITY from any possible cross-connections.
(0) The potable water supply system will be segregated from any existing and future CaMP ANY
fire protection system.
(P) There shall be no resale of the water provided by CITY, nor any extension of service lines by
COMPANY to serve other parties.
(Q) 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.
(R) CITY does not guarantee its water system will provide specific water pressure and/or water
volume requirements of COMPANY.
(S) COMPANY is responsible for design of adequate and appropriate systems for fire suppression
systems to its facilities.
5
V.
All expenses of the installation of the meter; service lines from the main to the meter; and
from the meter to caMP ANY'S facilities, shall be solely at the expense of COMPANY.
CaMP ANY shall own and maintain all service lines and plumbing facilities beyond the meter.
CITY shall own the meter.
VI.
CITY shall retain ownership and maintenance responsibility for its water meter(s). 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, CITY will not be responsible for the expense of such
relocation, adjustment, or replacement.
VII.
CITY reserves the right of ingress and egress at all reasonable times for the purpose of
reading, maintenance, installation, removal and/or relocation of its water meter(s) and for
inspection of COMPANY'S water facilities in order 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
CaMP ANY'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.
6
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.
7
ENTERED INTO and effective the <6J'.- day of _ fY::tolJ -Rr _, 2007
CITY OF LA PORTE
ATTEST:
l-1l;t1d1~ rJ r4 ./L)l
Martha A. Gillett
City Secretary
?P:;L
~skms
City Attorney
--
City Attorney
PO Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-2047
r,ele4.l~ ~
Company
By:
By:
By:
~~
Jolin Joerns
Interim City Manager
City of La Porte
604 West Fairmont Parkway
La Porte, TX 77571
Phone: (281) 471-5020
Fax: (281) 471-7168
~i '-_'_ ,
SEP 1 9 2007
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 II?' X" ~ 06, ,
Initial:
CITY
~
COMPANY
/MIA
ADDITIONAL REOUIREMENTS
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 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 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:
COMPANY 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.
EXHIBIT "E" to AGENDA PACKET
Area Map
H
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: October 8, 2007
Requested By: Michael DOlb~
Department: Finance
Report:
Ordinance:
xx
Resolution:
Exhibits: Ordinance 2007-3024-A
Exhibits: Excerpt from FY 2008 Adopted Budget
& Amended Budget (Exhibit A & B)
Appropriation
Account Number: N/A
Source of Funds: N/ A
Amount Budgeted: N/A
Amount Requested: N/A
Budgeted Item: YES
NO
Exhibits: Explanations / Backup for Amendment
(V\ II! rn \.,
SUMMARY & RECOMMENDATION
The City Council adopted the Fiscal Year 2007-08 Budget on August 27, 2007.
The Summary of Funds, which is shown below, represents the amendments which council previously approved to
the FY 2007-08 Budget. (*denotes funds with current changes)
General Fund
Grant Fund
Street Maintenance Sales Tax Fund
Community Investment
Hotel/Motel Occupancy Tax
La Porte Development Corporation
Tax Increment Reinvestment Zone
Utility
Sylvan Beach
Airport
La Porte Area Water Authority
Golf Course
Motor Pool
Insurance Fund
Technology Fund
General Capital Improvement
Utility Capital Improvement
Sewer Rehabilitation Capital Improvement
2000 General Obligation Bond Fund
2005 Certificate of Obligation Bond Fund
2006 General Obligation Bond Fund
2007 Certificate of Obligation Bond Fund
Transportation & Other Infrastructure Fund
General Debt Service
Utility Debt Service
La Porte Area Water Authority Debt Service
Total of All Funds
Previously
Original Budget Amended Budget
$ 30,010,812
1,036,356
1,004,178
233,120
556,540
971,565
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,529,323
4,881,080
1,211,065
955,000
935,000
350,000
54,465
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 62,016,148
$ 30,010,812
1,036,356
1,004,178
233,120
556,540
971,565
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,529,323
4,881,080
1,211,065
955,000
935,000
350,000
54,465
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 62,016,148
Proposed
Amended Budget
$ 30,043,016 *
1,036,356
1,004,178
233,120
556,540
971,565
1,600,185
8,038,354
274,158
23,396
1,717,760
1,304,138
1,529,323
4,881,080
1,211,065
955,000
935,000
350,000
54,465
60,000
49,478
305,261
200,000
3,477,278
479,105
758,531
$ 62,048,352
Action Required bv Council:
Adopt Ordinance Amending Fiscal Year 2007-08 Budget for the General Fund for $32,204 for building demolition.
Date
)P/g!07
(
ORDINANCE NO. 2007 -3024-A
AN ORDINANCE APPROVING AN AMENDMENT TO THE BUDGET FOR THE CITY OF LA PORTE,
TEXAS, FOR THE PERIOD OF OCTOBER 1, 2007 THROUGH SEPTEMBER 30, 2008; FINDING THAT
ALL THINGS REQUISITE AND NECESSARY HAVE BEEN DONE IN PREPARATION AND
PRESENTMENT OF SAID BUDGET; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the Charter of the City of La Porte, Texas, and the Statutes of the State of Texas, require that
an annual budget be prepared and presented to the City Council of the City of La Porte, Texas, prior to the
beginning of the fiscal year of said City, and that a public hearing be held prior to the adoption of said
Budget; and
WHEREAS, the Budget for the fiscal year October 1,2007, through September 30,2008, has heretofore
been presented to the City Council and due deliberation had thereon, was filed in the office of the City
Secretary on July 23,2007, and a public hearing scheduled for August 27,2007 was duly advertised and
held.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1: That the Budget for the City of La Porte, Texas, now before the said City Council for
consideration, a complete copy of which is on file with the City Secretary and a summary of which is
attached hereto by reference as Exhibit "A", is hereby amended as reflected on the amended budget
summary document, attached hereto by reference as Exhibit "B", as the Budget for the said City of La
Porte, Texas, for the period of October 1,2007, through September 30,2008.
SECTION 2: Be it FURTHER ORDAINED, that the said City Council finds that all things requisite and
necessary to the adoption of said Budget have been performed as required by charter or statute.
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 in effect from and after its passage and approval.
PASSED AND APPROVED this the <ffJ-- day of D&rOg.ef ,2007.
ATTEST:
L-fYJa/ff/A. o'\k$
Martha Gillett, City Secretary
Alt
APPROVED:
fA ~ r A-?/--</J
Clark Askins, Assistant City Attorney
EXHIBIT A
(ORIGINAL BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 07-08 FY 07-08
Revenues Expenses
Governmental Fund Types:
General Fund 30,010,812 30,010,812
Grant Fund 1,036,356 1,036,356
Street Maintenance Sales Tax 726,535 1,004,178
Community Investment 217,358 233,120
Hotel/Mote1 Occupancy Tax 530,020 556,540
Section 4B Sales Tax 1,871,847 971,565
Tax Increment Reinvestment 1,621,438 1,600,185
Total Governmental Types 36,014,366 35,412,756
Enterprise:
Utility 7,863,720 8,038,354
Sylvan Beach 250,280 274,158
Airport 55,906 23,396
La Porte Area Water Authority 1,295,846 1,717,760
Golf Course 1,121,404 1,304,138
Total Enterprise 10,587,156 11,357,806
Internal Service
Motor Pool 2,028,711 1,529,323
Insurance Fund 4,883,865 4,881,080
Technology Fund 1,158,764 1,211,065
Total Internal Service 8,071,340 7,621,468
Capital Improvement:
General 66,900 955,000
Utility 600,000 935,000
Sewer Rehabilitation 317,800 350,000
1998 GO Bond Fund 14,100
2000 GO Bond Fund 1,100 54,465
2002 GO Bond Fund 1,500
2004 C/O Bond Fund 13,100
2005 C/O Bond Fund 2,800 60,000
2005 GO Bond Fund 2,300
2006 C/O Bond Fund 10,000
2006 GO Bond Fund 5,000 49,478
2007 C/O Bond Fund 178,000 305,261
Other Infrastructure 51,700 200,000
Total Capital Improvement 1,264,300 2,909,204
Debt Service:
General 3,320,122 3,477,278
Utility 511,950 479,105
La Porte Area Water Authority 758,531 758,531
Total Debt Service 4,590,603 4,714,914
Total All Funds 60,527,764 62,016,148
EXHIBIT B
(AMENDED BUDGET)
City of La Porte
Consolidated Summary of All Funds
FY 07-08 FY 07-08
Revenues Expenses
Governmental Fund Types:
General Fund 30,010,812 30,043,016
Grant Fund 1,036,356 1,036,356
Street Maintenance Sales Tax 726,535 1,004,178
Community Investment 217,358 233,120
HoteVMotel Occupancy Tax 530,020 556,540
Section 4B Sales Tax 1,871,847 971,565
Tax Increment Reinvestment 1,621,438 1,600,185
Total Governmental Types 36,014,366 35,444,960
Enterprise:
Utility 7,863,720 8,038,354
Sylvan Beach 250,280 274,158
Airport 55,906 23,396
La Porte Area Water Authority 1,295,846 1,717,760
Golf Course 1,121,404 1,304,138
Total Enterprise 10,587,156 11,357,806
Internal Service
Motor Pool 2,028,711 1,529,323
Insurance Fund 4,883,865 4,881,080
Technology Fund 1,158,764 1,211,065
Total Internal Service 8,071,340 7,621,468
Capital Improvement:
General 66,900 955,000
Utility 600,000 935,000
Sewer Rehabilitation 317,800 350,000
1998 GO Bond Fund 14,100
2000 GO Bond Fund 1,100 54,465
2002 GO Bond Fund 1,500
2004 C/O Bond Fund 13,100
2005 C/O Bond Fund 2,800 60,000
2005 GO Bond Fund 2,300
2006 C/O Bond Fund 10,000
2006 GO Bond Fund 5,000 49,478
2007 C/O Bond Fund 178,000 305,261
Other Infrastructure 51,700 200,000
Total Capital Improvement 1,264,300 2,909,204
Debt Service:
General 3,320,122 3,477,278
Utility 511,950 479,105
La Porte Area Water Authority 758,531 758,531
Total Debt Service 4,590,603 4,714,914
Total All Funds 60,527,764 62,048,352
Wolny, Shelley
From: Wilmore, Debbie
Sent: Thursday, September 27, 2007 3:21 PM
To: Wolny, Shelley
Subject: RE: Budget - Demo Funds
My 10/8th agenda request will ask for $32,204 in demo funds to be awarded to JTB Services.
Thanks for your help! Debbie
10/1/2007
Page 1 of 1
City of La Porte
Interoffice Memorandum
From:
Mayor and City Counell ~
John Joerns, Interim City ManaV'J
October 3, 2007
To:
Date:
Subject:
Budget Adjustment for Building Demolition
Last years budget (06-07) included $56,230 for demolition of buildings. The bids for demolition
were opened on September 24,2007. However, the contract for demolition could not be approved
until this meeting (October 8, 2007), which is in the 07-08 FY and after the FY 06-07 year end.
This amendment increases the FY07-08 budget by $32,204 to award the contract. This preserves
the amount budgeted in FY07-08 for the dangerous buildings demolition program.
11lml
c: Wayne Sabo
Michael Dolby
7/8
".....-
<,.~
-------------~-~ ~
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Source of Funds: NA
Account Number: NA
Amount Budgeted: NA
Amount Requested: NA
Budl!et Item: NA
Agenda Date Requested: October 08, 2007
Requested By: Wayne J. saM
Department:
Planninl!
Report: -X-Resolution: _Ordinance: _X_
Attachments:
Ordinance w/exhibits A-F
P&Z Staff Report
Aerial Map
Site Plan
Public Notice Response
SUMMARY
The Planning and Zoning Commission, during its September 20, 2007, meeting, held a public hearing to receive
citizen comments regarding Special Conditional Use Permit Request #SCU07-008. The applicants, Debbie Styron
and Deanna Berry, seek approval of a Special Conditional Use Permit (SCUP) for operating a multi-purpose event
center at 10515 Spencer Highway. The subject property is located within the La Porte Municipal Airport, zoned
Planned Unit Development (PUD). A Special Conditional Use Permit is required per Code of Ordinances, Chapter
106 (Zoning).
Council previously allowed this hanger building to be used as a restaurant. The building has recently been vacant.
Tri-Star Aviation is the current tenant of the City, which is subleasing this hanger building for use as an event
center. The applicants will be allowed to utilize Tri-Star Aviation's parking area for their events. The parking lots in
front of the building and adjacent to Tri-Star are not striped. Striping shall be required to delineate appropriate
parking for the proposed facility. As this building is directly adjacent to a runway protection zone, outdoor activities
shall be restricted to the parking area and concrete pavement on the north side of the building.
Public Notices were mailed to five (5) property owners. One response was received in favor. The Planning and Zoning
Commission requested a condition be added to state that the hours of operation shall not extend beyond 1 :00 a.m.
Subsequent to the hearing before the Planning and Zoning Commission, a point of clarification was coordinated with
the Airport Manager concerning item 3 on the attached SCUP which merits consideration for a possible amendment
by Council. As currently stated, outdoor activities shall be restricted to the parking areas and concrete pavement on
the north side of the building. Staff recommends the following amendment to Item 3 on SCU# 07-008:
. 3. Outdoor activities shall be restricted to the parking area and concrete pavement on the north of side of the
building but contained south of the existing fence to preclude activities from interfering with the Airport clear
zone.
At the time of this report, the sublease for the facility was being negotiated. A non-executed lease was received on
October 2, 2007. Given that the sublease for this facility is at an Airport facility requiring Council approval, Staff is
recommending that SCUP item number 13 be amended by Council to read:
. 13. This permit is not valid until an executed sublease between Dan Marrouff(Lessor) and The Event Landing
(Lessee) has been reviewed by the City Attorney and approved by City Council.
Should Council favorably consider these amendments and subsequent to the approval of the sublease by Council, all
requirements for developments at the Airport will be satisfied and remodeling may begin without further delay. The City
attorney is reviewing the draft sublease. By unanimous vote, the Planning and Zoning Commission has recommended
City Council consider approval of Special Conditional Use Permit #SCU 07-008 with the conditions as listed in the
SCUP attached herewith.
Action Required bv Council:
1. Conduct a Public hearing.
2. Consider Planning and Zoning Commission recommendation to approve Special Conditional Use Permit
#SCU 07-008 for operating a multi-purpose event center at 10515 Spencer Highway.
A
rt c.. oJ:>) t."JeR...{l_i'( '0,.) 0111 c: i;: (?,M.-I-( e;..))..J
(U<A ~ W f;s to ?CtL~/.
)t) 07
Date /
ORDINANCE NO. 1501- P ~
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, CHAPTER
106, MORE COMMONLY REFERRED TO AS THE ZONING ORDINANCE OF THE CITY OF LA
PORTE, BY GRANTING A SPECIAL CONDITIONAL USE PERMIT #SCU07-008 FOR THAT CERTAIN
PARCEL OF LAND DESCRIBED AS FOLLOWS, TO-WIT: 0.8272 ACRE TRACT IN THE W.J. PAYNE
SUBDIVISION, W. M. JONES SURVEY, ABSTRACT 482, LA PORTE, HARRIS COUNTY, TEXAS FOR
THE PURPOSE OF DEVELOPING A MULTI-PURPOSE EVENT CENTER AT 10515 SPENCER
HIGHWAY IN A PLANNED UNIT DEVELOPMENT (PUD) ZONE; MAKING CERTAIN FINDINGS OF
FACT RELATED TO THE SUBJECT; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW;
AND PROVIDING AN EFFECTIVE DATE HEREOF;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
"Section 1.
The City Council of the City of La Porte hereby finds, determines and
declares that heretofore, to-wit, on the 20th day of September, 2007, at 6:00 p.m. a Public
Hearing was held before the Planning and Zoning Commission of the City of La Porte, Texas,
pursuant to due notice as required by the Open Meetings Law, Chapter 551, Texas Government
Code, to consider the question and the possible reclassification of the zoning classification of
the hereinafter described parcels of land. There is attached to this Ordinance as Exhibit "A",
and incorporated by reference herein and made a part hereof for all purposes, a copy of Notice
of Public Hearing, which the City Council of the City of La Porte hereby finds was properly
mailed to all owners of all properties located within two hundred feet (200') of the properties
under consideration.
"Section 2. The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "B", incorporated by reference herein and made a part hereof for all purposes.
"Section 3.
On September 20,2007, the Planning and Zoning Commission of the City
of La Porte met in regular session to consider changes in classification, which were the subject
of such public hearing. The City Council of the City of La Porte is in receipt of the written
recommendations of the City of La Porte Planning and Zoning Commission, by letter dated on
the 24th day of September, 2007, a true copy of which letter is attached hereto as Exhibit "C",
incorporated by reference herein and made a part hereof for all purposes.
ORDINANCE NO. 1501- ~V
Page 2
"Section 4.
Subsequent to receipt of the recommendation of the City of La Porte
Planning and Zoning Commission, the City Council of the City of La Porte called a public
hearing on the proposed classification changes and the recommendation of the Planning and
Zoning Commission on the 8th day of October, 2007, at 6:00 p.m., and pursuant to due notice, to
consider the recommendation of the Planning and Zoning Commission regarding the possible
reclassification of the zoning classification of the hereinafter described parcels of land. There is
attached to this Ordinance as Exhibit "0", incorporated by reference herein and made a part
hereof for all purposes, a copy of the notice of public hearing.
"Section 5.
The publisher's affidavit of publication of notice of said hearing is attached
hereto as Exhibit "E", and incorporated by reference herein and made a part hereof for all purposes.
"Section 6.
The conditions of the said Special Conditional Use Permit are as set forth
in the incorporated terms of the Special Conditional Use Permit, a true copy of which is attached
hereto as Exhibit "F". The description of said parcels of land classified pursuant to said Special
Conditional Use Permit is as follows, to-wit:
A 0.8272 acre tract in the W. J. Payne Subdivision, W. M. Jones Survey, Abstract No. 482,
La Porte, Harris County, Texas.
"Section 7.
The City Council of the City of La Porte hereby finds, determines, and
declares that all prerequisites of law have been satisfied and hereby determines and declares
that the amendments to the City of La Porte Zoning Map and Classification contained in this
Ordinance as amendments thereto are desirable and in furtherance of the goals and objectives
stated in the City of La Porte's Comprehensive Plan.
"Section 8.
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
ORDINANCE NO. 1501- f) ~
Page 3
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 9. This Ordinance shall be in effect from and after its passage and approval.
Passed and approved this the 1JI- day of a;r . , 2007.
By:
ATTEST:
By:\~tUCldrd
MARTHA GILLETT, City Secretary
APPROVED:
By~7~
C R ASKINS, Assistant City Attorney
#SCU07-008
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte Planning and Zoning Commission will conduct a public hearing at 6:00 P.M. on the 20th
day of September, 2007, in the Council Chambers of the City Hall, 604 West Fairmont Parkway,
La Porte, Texas. The purpose of this hearing is to consider Special Conditional Use Permit Request
#SCU07-008, for 0.8272 acre tract in the W. 1. Payne Subdivision, W. M. Jones Survey, Abstract
482, La Porte, Harris County, Texas. Debbie Styron and Deanna Berry are seeking approval of a
permit for the proposed development of an event facility to be located at 10515 Spencer Highway in
the La Porte Municipal Airport property. A Special Conditional Use Permit is required for the
proposed development to be located within a Planned Unit Development (PUD) per Section 106-
637 of the Code of Ordinances.
A regular meeting of the Planning and Zoning Commission will follow the public hearing
for the purpose of considering the public hearing item and to conduct other matters pertaining to the
Commission.
Citizens wishing to address the Commission pro or con during the Public Hearing will be
required to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum o/City Council members may be present and participate in discussions during this meeting, however, no action will be
taken by Council.
Thisfacility has disability accommodations available. Requestsfor accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (28]) 47]-5020 or TDD Line
(28]) 47]-5030 for further information.
EXHJ8j f
J
. ~
LA ~20 S. 8th Street
. rorte, Texas 77571
NOTICE OF i
JBLICHEARING... .fh...'
10 aecor- e
nee with the '.Pl'OVl-. . i
lO$ of S$ction
6.171 of the. . Code '1
Ordinances ofille .'.
Y of La ~orte, and
l provisions of the
(8S local Govern-
,ot Code, notice is'
-eby given that the:
. Porte Planning, and ~ity of La Porte
llOg CommISSion .
,COnduct a pubHc ~ounty of Harris
lOng at 6:00P.M.;' f T
the 20th day of ,tate 0 exas
)tember; 2007, in
Council Chambers
s~eF~~o~all'p::~efore me, the undersigned authority, on this date came and
".' ~~~1te;OfT~f~ lPpeared Sandy Vanya, a duly authorized representative of The
lfilllJ...'..-tcon....~.;. 'laYShOre Sun, a semi-weekly newspaper published and generally
~perrnit c~:istributed in the City of La Porte, Harris County, Texas and who
;UOM.08. '.'. ....equ............to...r.~ter being duly sworn, swearqt~e attached notice was published in
m aerelract in. ~ I Q1-
.W.J. payne.Sub-!he Bayshore Sun dated d .
Slon. W. M.'JonEtS I I I
vey, Abstract. 482. i
Porte, Harris
Inly, Texas... 'Deb-
Styron . and .' ,
Inna _ Berry ,_ are :
k..~.. ....a.pp...f(lya.....L.....of............ a landy Van
nit. for',tI1e' pro- .
~ ..... deyeJOPment....... of
~vent f~lity ...tQ.:'-be
iled .' Cal. ...........1J)515
ileer .:;Highway):.,. in
. La Porte..: Municipal
Oft. property, c, A
cial. . '.. . POt)ditiona11
Permlti$req~red:W
;9!e,propOstt~>. ..de-. .1
.pment':to- be ,.....10-:
d"~it1'rPlanned ;
;::.,......~~nt
0)< .' Per ..,. $ectk)n
-<137.. 'of the.. Code
'rdlnances. ,.' .
.
."
HE STATE OF I'
EXAS .. ..,.
OUNTY OF
IS
HAR- ,
ITY
JRTE
OF
B
281-471-1234
Fax 281-471-5763
re Sun
subscribed before me this
,2007.
'1in~;tt>~r~~~ Iota Public
and Zoning .Com-'ar' Co nt T
,ion will follow. the ; ns u y, exas
lchearing- for 'the
lOSe of considering
public hearing Item
to conduct other
~mm~r:ning toly Commission Exprires
Citizens j
,lng' to addre$~ the f
tmission pro or I
during the. Pubtic ;
ring will be rEr ~
ld to sign in' be- .'
the meetingls ~j
'ened. h
!
,
;lTY OF LA PORTE
I
~/g IdDll
I I
~ ncl
day of
~".."",.
.' rJ;Z".
l~~' .'~
Y. ;,0,;
\~. /~j
~:;':9i.:~~~
LISA A GODFREY
MY COMMISSION EXPIRES
Augusl9, 2011
Ut\\B\1
.
,
"-"
City of La Porte
Established 1892
September 24, 2007
Honorable Mayor Alton Porter and City Council
City of La Porte
Dear Mayor Porter and Council:
The La Porte Planning and Zoning Commission, during a regular meeting on September 20,2007,
considered Special Conditional Use Permit #SCU 07-008. The applicants, Debbie Styron and Deanna
Berry, seek approval to operate a multi-purpose event center at 10515 Spencer Highway.
The Planning and Zoning Commission, by unanimous vote, recommended City Council consider approval
of Special Conditional Use Permit #SCU07-008 with the following conditions:
I. This Special Conditional Use Permit is specifically limited for an event center at 10515 Spencer Highway.
2. Striping of the parking lot shall be required and layout plan be submitted to the City to determine adequate
parking.
3. Outdoor activities ~hall be restricted to the parking area and concrete pavement on the north side of the
building.
4. No outside liglcts. !xl;;oons or play equipment shall be allowed.
5. The gate adjacent to the hanger will be kept closed and locked at all times.
6. No vehicles shall be allowed inside the fenced area except for activities associated with the aviation
activities.
7. Any new signage requires a separate sign permit from the City.
8. The roofed-over structures on the property shall not accumulatively exceed the current lor coverage or
maximum (40%).
9. Height of the building shall remain the same.
10. Hours of operation shall not extend beyond I :00 a.m.
11. Exterior building design standards, if proposed, shall be approved by the City.
12. Landscaping shall be maintained by the applicants/tenants ofthe property.
13. Lease agreement, duly approved by the City Attorney, shall be filed with the City. A certificate of
occupancy shall be required.
14. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
rrotfu~SUbm~
pat~J ~}1rr
Chairperson, Planning and Zoning Commission
c: John Joerns, Interim City Manager
Clark Askins, Assistant City Attorney
Planning and Zoning Commission
604 W. Fairmont Pkwy. · La Porte, Texas 77571 · (281) 471-5020
EXH\B\'T
~'<iI
Iv
#SCU07-008
THE STATE OF TEXAS
COUNTY OF HARRIS
CITY OF LA PORTE
NOTICE OF PUBLIC HEARING
In accordance with the provisions of Section 106-171 of the Code of Ordinances of the City
of La Porte, and the provisions of the Texas Local Government Code, notice is hereby given that the
La Porte City Council will conduct a public hearing at 6:00 P.M. on the 8th day of October, 2007,
in the Council Chambers of the City Hall, 604 West Fairmont Parkway, La Porte, Texas. The
purpose of this hearing is to consider Special Conditional Use Permit Request #SCU07-008, for
0.8272 acre tract in the W. J. Payne Subdivision, W. M. Jones Survey, Abstract 482, La Porte,
Harris County, Texas. Debbie Styron and Deanna Berry are seeking approval of a permit for the
proposed development of an event facility to be located at 10515 Spencer Highway in the La Porte
Municipal Airport property. A Special Conditional Use Permit is required for the proposed
development to be located within a Planned Unit Development (PUD) per Section 106-637 of the
Code of Ordinances.
A regular meeting of the City Council will follow the public hearing for the purpose of
considering the public hearing item and to conduct other matters pertaining to the Council.
Citizens wishing to address the Council pro or con during the public hearing will be required
to sign in before the meeting is convened.
CITY OF LA PORTE
Martha Gillett, TRMC, CMC
City Secretary
A quorum o/City Council members may be present and participate in discussions during this meeting, however, no action will be
taken by Council.
This facility has disability accommodations available. Requests for accommodations or interpretive services at meetings
should be made 48 hours prior to the meeting. Please contact City Secretary's office at (281) 471-5020 or TDD Line
(281) 471-5030 for further information.
EXH\B\1L~
lfoliU07 -008
THE STATE
TEXAS
COUNTY OF
RIS
CITY OF
PORTE
OF
HAR- 820 S. 8th Street
Porte, Texas 77571
LA
281-471-1234
Fax 281-471-5763
NOTICE
PUBLIC HEARING
~ l'he B
". S
ii1: ~e un
.... .1
In accor'
dance with the. provi-
sions of Section
106-171 of the . Code l
of Ordinances' of . the' j
C
City of La Porte, and J
the provisions of the '1. f L P
Texas LocaI.Govern- ,ty 0 a orte
:~y c:~ en!: ~unty of Harris
l~ Porte ClIYCooncil ltate of Texas
will . conduct., a public ~ .
heanng ,at,. 6:00 P.M. I
~ lhe8th dayofQc:, ".
~~~1 2~~~ ":;.,. ;jefore me, the underSigned authorrty,. on thiS date ,came and
the City, Hall'604~peared Sandy Vanya, a duly authorrzed representative of The
~:Jai=~ T::~ ,', ayshore Sun, a semi-weekly newspaper published and generally
~:ring,P,n~.:iistributed in the City of la p,orte, Harris County, Texas and who
~:cml; " . Conditional .fter being duly sworn, swea~/thel~~hed notice was published in
~2 07 rhe Bayshore Sun dated L1 iJ3flL-+- .
=~r',act J4;"~. . 'I h f
..a Porte; Harris r::::;' ~' I~
::ounW, Texas" Deb- .. ~ n V. ./
,ie Styron and ~andy Va ya
)sanna Berry are ~
leeking approval of a
lermit for 'the ' pro-
lased "development of
In event, facjtity to be I
:lClited at 10515
3pencer, Highway, in "
he La Porte ,MuniciPal ,
lil'p9rt property. ' A:-
lpeclal Conditional !)worn
lse Permit is required I
:>r the proposed Qe-
e10pment to be lo-
ated within aPtanned
lnit Development
PUO) per ~on
~7, ,of lhe Code"
fOrdlnances.
No ary Public
A regular -' . C t T
J6eting ,of theCily~arns oun y, exas
~ounc:il. will' folloW the
ublic' heanng tor the
urpose of considering
re public hearing item
nd to cond~ other My Commission Exprires
latters pertainIng to
Ie Council.
subscribed before me this
,2007.
CBJ
day of
USA A GODFREY
MY COMMISSION EXPIRES
August 9, 2011
i/qlJoll
I I
Citizens;
ishingto address ihe i
ouneil pro or con :
Jring the public hear-:
9 will be required to I
gn in before the
eet/ng is convened.
EXH\B\1 E
City of La Porte
Special Conditional Use Permit # SCU 07-008
This permit is issued to:
Debbie Styron and Deanna Berrv
Owner or Agent
1214 Wvnfield Dr., Deer Park TX 77536
Address
For Development of:
The Event LandinQ ( an event center)
Development Name
10515 Spencer HiQhwav, La Porte. TX 77571
Address
Legal Description:
Pt. TR ,0.8272 acre in the W.J.Pavne Subdivision. W. M. Jones
Survey. Abstract No. 482,La Porte. Harris County, Texas.
Zoning:
Planned Unit Development (PUD)
Use:
Multi-purpose Hall
Permit Conditions:
1. This Special Conditional Use Permit is specifically limited for an event center at the above property.
2. Striping of the parking lot shall be required and layout plan be submitted to the City to determine adequate
parking.
3. Outdoor activities shall be restricted to the parking area and contained south of the existing fence to
preclude activities from interfering with airport clear zone.
4. No outside lights, balloons or play equipment shall be allowed.
5. The gate adjacent to the hanger will be kept closed and locked at all times.
6. No vehicles shall be allowed inside the fenced area except for activities associated with the aviation
activities.
7. Any new signage requires a separate sign permit from the City.
8. The roofed-over structures on the property shall not accumulatively exceed the current lot coverage or
maximum (40%).
9. Height of the building shall remain the same.
10. Hours of operation shall not extend beyond 1 :00 a.m.
11. Exterior building design standards, if proposed, shall be approved by the City.
12. Landscaping shall be maintained by the applicants/tenants of the property.
13. This permit is not valid until an executed sublease between the lessor and lessee has been reviewed by the
City Attorney and approved by City Council.
14. A certificate of occupancy shall be required.
15. The Developer shall comply with all applicable laws and ordinances of the City and the State of Texas.
Failure to occupy the building within 12 months after issuance or as scheduled under the terms of a special
conditional use permit shall void the permit as approved, except upon an extension of time granted after
application to the Planning and Zoning Commission.
If contract or agreement is terminated after completion of any stage and there is ample evidence that further
development is not contemplated, the ordinance establishing such special conditional use permit may be rescinded
by the City Council, upon its own motion or upon the recommendation of the Planning and Zoning Commission of
the City of La Porte, and the previous zoning of the entire tract shall be in full effect on the portion which is
undeveloped.
\JA1.jWl{ ~~1 'if ~./ltl.bJJ
'V' City Secretary
Staff Report
September 20, 2007
The Event Landing
Special Conditional Use Permit #07-008
Request:
Requested Bv:
Requested For:
Present Zoning:
Requested Use:
Background:
Analvsis:
Special Conditional Use Permit Request #07-008
Debbie Styron and Deanna Berry
Approximately 0.8272 acre (36,032 sq. ft.) tract in the W. J. Payne
Subdivision, W. M. Jones Survey, Abstract No.482, La Porte, Harris County,
Texas. The property is located at 10515 Spencer Highway.
Planned Unit Development (PUD)
Applicants are seeking a Special Conditional Use Permit (SCUP) for the
purpose of developing a multi-purpose hall for special events at 10515
Spencer Highway. Per Section 106-637 of the Code of Ordinances, a
Special Conditional Use Permit is required for the proposed development to
be located within a Planned Unit Development (PUD) zone.
Applicants are working towards developing or converting a hanger building
(formerly Rixter's restaurant) at the airport property along Spencer Highway.
The event center will be used to provide multicultural enrichment to the
community, provide a welcoming, accessible facility for residents and
visitors, and promote events and conventions for the benefit of the area
economy. To address parking, the applicants have been granted permission
from Tri-Star Aviation, a tenant of the La Porte Municipal Airport, to utilize
their parking for the event center.
Zoning Ordinance Section 106-217 establishes the following review criteria
and conditions for approval of Special Conditional Use Permits:
. That the specific use will be compatible with and not injurious to
the use and enjoyment of the other property, nor significantly
diminish or impair property values within the immediate vicinity.
. That the conditions placed on such use, as specified in each
district, have been met by the applicant.
. That the applicant has agreed to meet any additional conditions
imposed, based on specific site constraints necessary to protect
the public interest and welfare of the community.
The Event Landing
SCU07-008
Page 2 of3
Conclusion:
The subject property is in the VICInIty of residential subdivisions and
commercial retail developments along Spencer Highway. The proposed use
should have minimal impact on the surrounding properties. The
transportation system should adequately accommodate through traffic and
continue to provide for free flow of people, goods and services. There will be
no new driveway added to this facility. The traffic flow within and between
neighborhoods and throughout the community should not be affected by the
proposed development. Existing roads are adequate to support the said
project.
Staff has reviewed existing facilities and services for each of the components
of the utility system for the proposed development. Existing water is
adequate for potable and fire protection needs. Sanitary sewer is readily
available to the property. As a developed property, storm drainage sheet
flows to the existing storm sewer system along Spencer Highway.
If approved, the building and parking lot should comply with all applicable
zoning regulations. Stripping of the parking lot shall be required. The City's
design standard per Section 106-835 of the Code of Ordinances shall be
applicable for standard and accessible parking space size, and maneuvering
aisle width. The location of handicap parking spaces should be appropriate.
Access from the adjoining parking lot to the building seems to be reasonable.
In addition, staff will ensure that there will be no outside lighting in the
parking lot, to avoid any conflict with the airport operations.
In addition, landscaping of the property shall be required in accordance with
Section 106-444(a) of the Code of Ordinances. Landscaping shall be
maintained by the applicants. The building (leased from the Tri-Star
Aviation) shall require a certificate of occupancy, as regulated by Section
106-142 of the Code of Ordinances.
Staff recommends the approval of SCU#07 -008 with the following
conditions in place:
. This Special Conditional Use Permit is specifically limited for an event
center at the above property.
. Stripping of the parking lot shall be required and layout plan be
submitted to the City to determine adequate parking.
. Outdoor activities shall be restricted to the parking area and concrete
pavement on the north side of the building.
. No outside lights, balloons or play equipment shall be allowed.
. The gate adjacent to the hanger will be kept closed and locked at all
times.
. No vehicles shall be allowed inside the fenced area except for activities
associated with the aviation activities.
. Any new signage requires a separate sign permit from the City.
The Event Landing
SCU07-008
Page 3 of3
. The roofed-over structures on the property shall not accumulatively
exceed the current lot coverage or maximum (40%).
. Height of the building shall remain the same.
. Exterior building design standards, if proposed, shall be approved by
the City.
. Landscaping shall be maintained by the applicants/tenants.
. Lease agreement, duly approved by the City Attorney, shall be filed with
the City. A certificate of occupancy shall be required.
. The Developer shall comply with all applicable laws and ordinances of
the City and the State of Texas.
Options available to the Commission:
. Recommend to Council approval of this SCUP with additional
conditions.
. Recommend to Council denial of this SCUP.
. Table the item for further consideration by the Commission.
1-
..
.-
--'
-~cn
"'0
m
~.~ t5
-....... m
w: AJ
~ -"~-'
~
~~': - .,,,,.>'0
11
i
:-~
~ '.'cC,~ .
;
t,,, -
~ 4-=
,"",
I
I
I
I
I
I
I
,
I I
ill
!r
Ii
I I
I
I
I
I
I
I
I
I
I'll
'I
I,
II
I I
,
I
I
I
I
I
I
I
ScIll.E;,'. Jl1
~~
CI....,
i-__
I_
e --___......
~
i
s
I
~
}
:
......
.<#
.,+-"y
f}+./~~
.\
\
\.,
\\
\
\
LA PORTF'Mf;'NICiPA
\
"
$\\.ltiOlTA8ll;
,/"
...-.
\
\
\
'\
"
...
..,.~.:'
"_'!>"p",,i\
,-~.f
",t"
\
\L /./
,_."","t"
<1"",/'
11.1207 ACRE LEASE AREA
BAYPORT AVIATION, INC.
..~ AL:r~tliT'Y
/
/,-----
11.1207 ACRE LEASE AREA
BAYPORT AVIATION, INC.
/'
/'
~~~~
-'"
~
/~2-
,-- ....
1---=--?:-'~";-o"~ -~...,
to 4'''~-~&.
..-
..~ .,t'
w.ESllUlNS'!llUI
t5i'9olCEtlllCHINo'VI
i/lV"WOWl
,../
/
.-/'
.-.. ---J
~""'_'l
...sr~
...............
....~I
.1JtI..0Rrl
__......... ..........._~i
-.
)---.-...
"'lIf.....,_w;
1.1~.~_
~---J
,-
..~
..--
t'. 6ollloQl__,.no iI'O''''
lQ".-_""_"'LO"._."
WIIL'lI".'"
---
IoIMCNMlIl.lllPo.lENf, "'ICiTtIl'5"'~
rl1"CCIF.It,\f:l.oPIoIDlI: IIU1AU11",,1
MA<.SCIFOMtI:lflS.:IIltM".lIIlW!
N~OIIlEIo'\oI(lt[ll;IIIC11-.uA.Wf
nlHCQ: POO /ltolHtO /HI DCtUOI'W.n
L[CALiII"V.~tIl)<: D OJl SlJJJ.lI(I"UOSJllLt,\S[ IItACl
~~\~~.~t~f n,} LIAS( 111-.(;'
AVlAlllJlol,,.c
CO!JIHY.ln"s
.101 AUIIIIl:ft: 1051~ I
"LolOI. lQIC: f:; ;:; ~::~grJ:" ~.1Jl.J1:~ .. 1'11II
~Ellnu.L tWIlGEMC'r w.....I,(ll,~, "c;nu;J
CI"~/lUItCJQI'CDlI'Il;"'1f'
1lUlIlllCCflnn ,....... IICCU,CF 1."~lL. rr"'$'1'II
III'H.-NCI JHt'"t 1\...... IIH/l <<..ncn€N1 IT lffI:rlOl'lo'
Ho>If..o>'l...lD.t.........a;....ITH l~lJID1H'1lCEarTlr:.Q'y
C1hct"U.I'I.Iotrc.~
1.zJ-'"
. "1001
:5:E~:E:!=l1=.t:.~=:: .._
~ih~,,\
.(\1;1.'.'~'1~: .\
~js;
~ >f./ _
e:~oE~~~ _'NlO
UlNOR SITE PLAN
PROPOSED BUilDING RENOVATION
F"~ RE~R..ANT
""-..n.. if ~li1.J:1_-
,J.! 5--'..)0
A Meeting of the La Porte
Planning & Zoning Commission
(fype of Meeting)
Scheduled for
September 20, 2007
(Date of Meeting)
to Consider
Special Conditional Use Permit#SCU07-008
(fype of Request)
I have received notice of the above referenced public hearing.
I am in FA VO R of granting this request for the following reasons:
~ ~~ \ ~"""'-- o:.:....."""'~ "~"'-"""t>......... "'... \'''' \:."z- ~..~t:- t:."= ,~.{'.... ,.......~y~-
I am OPPOSED to granting this request for the following reasons:
\.~~~ ~;.~"'- ~\ .
Address
~qt:>t'\ \ \~ f'lS?f
City, State, Zip
~[o..~~~~~;~.{,;'.~~~~!":"~~~:~~~r '~"';'. ';,:..-;;J.....~1"':.:...'.A?;...~~~~:::;.,~1";c.i::~lW~
_ ___ . . _ _____ ) >'''~-':'~.:;~.:--~~~~~~~i~~~.~~'~'~...~_~z~,~_:.:.::..'''!''3.:"':~~-,;tj!I~"':v..\...:..',.
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: October 8. 2007
Requested By: Wayne J.Sab~ \/J'f~
Source of Funds:
NA
/
Account Number:
NA
Department: Planninl!
Amount Budgeted: NA
Report: X Resolution: _Ordinance:
Exhibits: Annexation Time Line
Boundary Maps
Draft Service Plans
SUMMARY
Attached as exhibit 1 is the Annexation Timeline associated with the renewal negotiations for the current Industrial
District Agreements (IDAs). Previously, Council set October 8, 2007, and October 22, 2007, as public hearing
dates for the intent to annex the industrial districts. In accordance with annexation laws, Council must conduct two
public hearings, taking place between the 40th and 20th day before "initiation of proceedings", to receive any public
comment pursuant to this annexation.
In accordance with the time line and in coordination with the City Attorney's office, since 20 days must elapse from
the close of the second (and final) public hearing before the annexation ordinance can be considered, the ordinance
for annexation can be placed on the City Council agenda, at the earliest, during the November 12, 2007 meeting.
For information purposes and as a matter for later consideration, the Council may choose only to announce
"institution of proceedings" on November 12,2007, and pass an actual annexation ordinance effecting annexation
of the properties currently subject to Industrial District Agreements, on a later date. However, the City Council
would have a maximum of 90 days, counting from November 12, 2007, to finally pass an annexation ordinance.
Current IDA's expire on December 31,2007.
As reported to City Council on July 23, 2007, and as initiated by Council on August 13, 2007, the Planning
Department, as part of the annexation process, has reviewed the Annexation Service Plans that were used during the
1993 IDA renewal process for the Industrial Districts. Statutory Services to be provided in 60 days include Police
and Fire protection, EMS, solid waste collection, maintenance of water and wastewater services, operation and
maintenance of roads and streets to include lighting, parks and any other public facility, building or service. The
Capital Improvement Program (CIP) portion of the Service Plan will initiate construction to extend utilities as
needed within two (2) years of the effective date of the plan. The draft service plans are attached as an exhibit to
this agenda request.
Action Required by Council:
Conduct the first of two public hearings to receive public comment prior to institution of proceedings to annex the
industrial districts and provide Staff with any direction resulting from the hearing, if applicable.
Approved for City Council Af!enda
{j~1iP~ ~ p3tA.y !or<T .:r~)U,s~LJ ll;tMc6. ()Jt
)/J J;J It:? 7
Date I I
2007 IDA Negotiations: Draft Schedule if Annexation Contemplated
12/31/07
Deadline for completion of annexation
Mon 12/24/07
Final date for City Council to pass the ordinance
Mon 12/10/07
2nd allowable date for Council to pass ordinance
Mon 11/26/07
Earliest and best date for Council to pass ordinance
Mon-Fri 10/22-10/26 Final hearing is conducted this week
Mon-Fri 10/1-10/5 First hearing is conducted this week
Mon-Fri 9/17-9/21 Notice is published in Bayshore Sun, on the website, and written
notice is sent to LPISD this week
Mon 9/17
Final date for completion of service plan
Mon 9/10
Final meeting for Council to declare dates of public hearings
Mon 8/27
2nd allowable date for Council to declare dates of public hearings
Mon 8/13
Earliest date for Council to declare dates of public hearings
Mon 7/16- Fri 7/30 During this time written notice is sent to property owners,
railroads, and public and private entities if required
Fri 7/13
Final date for completion of written notices to be sent out
Mon 7/2
Begin preparing written notices to property owners, railroads, and
public and private entities if required
Mon 6/11
Service Plan preparation period begins
DRAFT
SERVICE PLAN
FOR
A TRACT OF LAND COMPRISING
THE BAYPORT INDUSTRIAL DISTRICT
I. INTRODUCTION
This service plan ("Plan") is made by the City of La Porte, Texas ("City")
pursuant to Section 43.506, ofthe Texas Local Government Code ("Code"). This
Plan relates to the annexation by the City of a tract of land ("Tract") comprising
the Bayport Industrial District. The Tract is described by metes and bounds in
Exhibit "B" which is attached to this Plan and to the annexation ordinance of
which this Plan is a part.
II. TERM; EFFECTIVE DATE
This plan shall be in effect for a term of ten years commencing on the effective
date of the annexation of the Tract. Renewal of this Plan shall be at the discretion
of the City. Such option may be exercised by the adoption of an ordinance by the
City Council which refers to this Plan and specifically renews this Plan for a
specified period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i) the Early Action
Program and (ii) a Capital Improvement Program, both described below.
B. Scope and Ouality of Services. Services under this Plan shall equal or exceed
the number and level of services both in existence in the Tract prior to the
annexation and are available in other areas of the City with land uses and
population densities similar to those reasonably projected in the newly
annexed Tract. It is not the intent of this Plan to provide a uniform level of
services to all areas of the City (including the Tract) where differing
characteristics of topography, land utilization and population density are
considered as sufficient basis for providing differing levels of service.
C. Definitions.
1. As used in this Plan, providing services includes services funded in
whole or in part by City taxation and provided by the City within its
full-purpose boundaries. The City provision of services may be by any
means or methods by which it extends the services to any other area of
the City. This may include causing or allowing private utilities,
governmental entities and other public service organizations to provide
such services, in whole or in part.
2. As used in this Plan, the phrase "standard policies and procedures"
means those policies and procedures of the City applicable to a
particular service which are in effect at the time that the service is
requested or at the time the service is made available or provided and
are in accordance with Title 12, Chapter 395 of the Code.
D. Early Action Program.
1. Statutory Services. The statutory services will be provided to the Tract
within sixty (60) days after the effective date of this Plan, unless
otherwise indicated. The statutory services are as follows:
a. Police Protection. The Police Department of the City will
provide protection and law enforcement in the Tract. These
activities will include normal patrols and responses, the
handling of complaints and incident reports, and other
usual and customary police services.
b. Fire Protection. The Fire Department of the City will
continue to provide fire protection that supplements the
protection provided by the Channel Industries Mutual Aid
program in the Tract.
c. Solid Waste Collection. Residential collection services will
be provided by City forces. Non-residential non-hazardous
service will be provided by City contract service provider.
Future residential and non-residential non-hazardous
collection services will be provided in accordance with
standard policies and procedures. Non-residential non-
hazardous will be the responsibility of the property owner
in accordance with State and Federal guidelines.
d. Maintenance of Water and Wastewater Facilities. Any
existing City facilities will be maintained by an appropriate
division of the Department of Public Works of the City.
Any extensions of utilities as addressed in the Capital
Improvements Program, below, will be provided normal
maintenance services.
e. Maintenance of Public Roads and Streets including
Lighting. The Department of Public Works of the City will
provide maintenance of roads and streets over which the
City will have jurisdiction. Those roads and streets under
jurisdiction of other governmental entities will be
maintained by those entities. The City will provide
services relating to traffic control for roads and streets over
2
which it has jurisdiction. Roads and streets under the
jurisdiction of other governmental entities will be provided
traffic control services by those entities. Existing street
lighting for public roads and streets will be maintained
through the services of CenterPoint Energy.
f. Maintenance of Parks, Playgrounds and Swimming Pools.
There are no existing Public Park facilities to be
maintained. Should any such facilities be constructed in
the Tract in accordance with the Capital Improvements
Program below, the Department of Parks and Recreation of
the City will provide maintenance services.
g. Maintenance of Any Other Publicly-owned Facility,
Building or Service. There are no other publicly-owned
facilities, buildings or services in the Tract. Should any
such facilities, buildings or services be constructed or
located by the City in the Tract, an appropriate City
department will provide the necessary maintenance
services.
2. Additional Services. Certain services, in addition to the statutory
services, will be provided within the Tract to the same extent they are
provided to similar areas elsewhere in the City. These are as follows:
a. Library services from existing facilities and future
facilities outside the Tract.
b. Health services in accordance with agreement between
the City and Harris County.
c. Emergency rescue and ambulance services by the City's
Emergency Medical Services division, in accordance with
standard policies and procedures.
d. Enforcement of all City codes and ordinances.
E. Capital Improvements Program. The City will initiate the construction or
acquisition of capital improvements necessary for providing municipal
services for the Tract. Those improvements which are necessary are
indicated below, and any necessary construction shall begin within two (2)
years of the effective date of this Plan, except as otherwise indicated.
1. Police Protection. Police protection for the Tract can be provided
using existing facilities. While no improvements are necessary at this
3
time, the Tract will be included with other territory in connection with
planning for new, revised or expanded police protection.
2. Fire Protection. Fire protection for the Tract can be provided by using
existing facilities and equipment. While no improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded fire protection.
3. Solid Waste Collection. No capital improvements are necessary at this
time to provide solid waste collection to the Tract as described in the
Early Action Program. The Tract will, however, be included with
other territory in planning for new, revised or expanded solid waste
collection service facilities.
4. Water and Wastewater Facilities. Currently there are no water or
wastewater facilities of which the City will assume control following
annexation. The City proposes the following means to provide the
necessary improvements for water and wastewater services.
a. Domestic water and wastewater service. Currently
domestic water and wastewater are self-provided by the
individual property owners either through wells, surface
water or by purchasing water from adjoining property
owners. The City will extend the existing water and
sanitary sewer lines for domestic services in accordance
with standard utility extension policies and procedures.
These policies and procedures include the imposition of
utility extension fees in accordance with Section 395.019
of the Code. Should a property owner elect to construct
the improvements sooner than the schedule established in
this Plan, the owner may construct or finance the
improvements and the costs incurred or funds advanced
will be credited against the utility extension fees due from
that property owner. As utility extension fees are
collected from other property owners, these fees will be
refunded to the property owner who constructed or
funded the construction of those capital improvements.
b. Industrial Process Water. Currently process water IS
provided by on-site wells, water purchased from other
property owners or from water purchased from the
Coastal Industrial Water Authority (CIW A). The City
does not propose to change those arrangements.
However, should requests be received for process water,
the City will contract with CIW A to purchase water and
subsequently distribute that process water to those
4
industries requesting service. The mains and facilities
necessary for providing this service will be constructed in
accordance with the standard utility extension policies
and procedures described in the previous paragraph.
c. Industrial Process Wastewater. Currently wastewater
service to the Tract is provided by individual treatment
facilities, treatment by adjoining property owners or by
Gulf Coast Waste Disposal Authority. The City does not
propose to change those arrangements, however, should
requests be made for industrial wastewater services, the
City will extend existing sanitary sewer mains in
accordance with the standard utility extension policies
and procedures described above.
5. Roads and Streets including Lighting. In general, the City will acquire
dominion, control, and jurisdiction in, over and under public roads and
streets within the Tract upon annexation, pursuant to Art. 1175,
V.A.T.S., and similar provisions, subject to the jurisdiction of other
governmental entities. Additional roads, streets or related facilities are
not necessary at this time to serve the Tract. Future extensions of
roads or streets and future installation of related facilities such as
traffic control devices or street lights will be governed by standard
policies and procedures. The Tract will be included with other
territory in connection with planning for new, revised, widened or
enlarged roads, streets or related facilities.
6. Parks, Playgrounds and Swimming Pools. These services can be
provided by using existing facilities. While no additional capital
improvements are necessary at this time, the Tract will be included
with other territory in connection with planning for new, revised or
expanded parks, playgrounds or swimming pools.
7. Other Publicly Owned Facilities, Buildings or Services; Additional
Services. In general, other City functions and services, and the
additional services described above, can be provided to the Tract using
existing facilities. While no additional capital improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded services,
facilities and functions, including the additional services described
above.
IV. AMENDMENT; GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Code or
other controlling law. Neither changes in the methods or means of implementing
5
any part of the service programs nor changes in the responsibilities of the various
departments of the City shall constitute amendments to this Plan, and the City
reserves the right to make such changes. This Plan is subject to, and shall be
interpreted in accordance with the Code, the Constitution and laws of the United
States of America and the State of Texas, and the orders, rules and regulations of
governmental bodies and officers having jurisdiction.
V. FORCE MAJEURE
Should a force majeure interrupt the services described herein, the City shall
resume services under this Plan within a reasonable time after the cessation of the
force majeure. "Fore majeure", for the purposes of this Plan, shall include, but
not be limited to, acts of God, acts of the public enemy, war, blockade,
insurrection, riots, epidemics, landslides, lighting, earthquakes, fires, storms,
floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and any other inability of the City, whether
similar to those enumerated or otherwise, which is not in control of the City.
VI. ENTIRE PLAN
This document contains the entire and integrated service plan relating to the Tract
and supersedes all other negotiations, representations plans and agreements,
whether written or oral.
6
DRAFT
SERVICE PLAN
FOR
A TRACT OF LAND COMPRISING
THE BATTLEGROUND INDUSTRIAL DISTRICT
I. INTRODUCTION
This service plan ("Plan") is made by the City of La Porte, Texas ("City")
pursuant to Section 43.506, of the Texas Local Government Code ("Code"). This
Plan relates to the annexation by the City of a tract of land ("Tract") comprising
the Battleground Industrial District. The Tract is described by metes and bounds
in Exhibit "B" which is attached to this Plan and to the annexation ordinance of
which this Plan is a part.
II. TERM; EFFECTIVE DATE
This plan shall be in effect for a term of ten years commencing on the effective
date of the annexation of the Tract. Renewal of this Plan shall be at the discretion
of the City. Such option may be exercised by the adoption of an ordinance by the
City Council which refers to this Plan and specifically renews this Plan for a
specified period of time.
III. SERVICE PROGRAMS
A. In General. This Plan includes two service programs: (i) the Early Action
Program and (ii) a Capital Improvement Program, both described below.
B. Scope and Ouality of Services. Services under this Plan shall equal or exceed
the number and level of services both in existence in the Tract prior to the
annexation and are available in other areas of the City with land uses and
population densities similar to those reasonably projected in the newly
annexed Tract. It is not the intent of this Plan to provide a uniform level of
services to all areas of the City (including the Tract) where differing
characteristics of topography, land utilization and population density are
considered as sufficient basis for providing differing levels of service.
C. Definitions.
1. As used in this Plan, providing services includes services funded in
whole or in part by City taxation and provided by the City within its
full-purpose boundaries. The City provision of services may be by any
means or methods by which it extends the services to any other area of
the City. This may include causing or allowing private utilities,
governmental entities and other public service organizations to provide
such services, in whole or in part.
2. As used in this Plan, the phrase "standard policies and procedures"
means those policies and procedures of the City applicable to a
particular service which are in effect at the time that the service is
requested or at the time the service is made available or provided and
are in accordance with Title 12, Chapter 395 of the Code.
D. Early Action Program.
1. Statutory Services. The statutory services will be provided to the Tract
within sixty (60) days after the effective date of this Plan, unless
otherwise indicated. The statutory services are as follows:
a. Police Protection. The Police Department of the City will
provide protection and law enforcement in the Tract. These
activities will include normal patrols and responses, the
handling of complaints and incident reports, and other
usual and customary police services.
b. Fire Protection. The Fire Department of the City will
continue to provide fire protection that supplements the
protection provided by the Channel Industries Mutual Aid
program in the Tract.
c. Solid Waste Collection. Residential collection services will
be provided by City forces. Non-residential non-hazardous
service will be provided by City contract service provider.
Future residential and non-residential non-hazardous
collection services will be provided in accordance with
standard policies and procedures. Non-residential non-
hazardous will be the responsibility of the property owner
in accordance with State and Federal guidelines.
d.
Maintenance of Water and Wastewater Facilities. Any
existing City facilities will be maintained by an appropriate
division of the Department of Public Works of the City.
Any extensions of utilities as addressed in the Capital
Improvements Program, below, will be provided normal
maintenance services.
,
e. Maintenance of Public Roads and Streets including
Lighting. The Department of Public Works of the City will
provide maintenance of roads and streets over which the
City will have jurisdiction. Those roads and streets under
jurisdiction of other governmental entities will be
maintained by those entities. The City will provide
services relating to traffic control for roads and streets over
2
which it has jurisdiction. Roads and streets under the
jurisdiction of other governmental entities will be provided
traffic control services by those entities. Existing street
lighting for public roads and streets will be maintained
through the services of Center Point Energy.
f. Maintenance of Parks. Playgrounds and Swimming Pools.
There are no existing Public Park facilities to be
maintained. Should any such facilities be constructed in
the Tract in accordance with the Capital Improvements
Program below, the Department of Parks and Recreation of
the City will provide maintenance services.
g. Maintenance of Any Other Publicly-owned Facility.
Building or Service. There are no other publicly-owned
facilities, buildings or services in the Tract. Should any
such facilities, buildings or services be constructed or
located by the City in the Tract, an appropriate City
department will provide the necessary maintenance
servIces.
2. Additional Services. Certain services, in addition to the statutory
services, will be provided within the Tract to the same extent they are
provided to similar areas elsewhere in the City. These are as follows:
a. Library services from existing facilities and future
facilities outside the Tract.
b. Health services in accordance with agreement between
the City and Harris County.
c. Emergency rescue and ambulance services by the City's
Emergency Medical Services division, in accordance with
standard policies and procedures.
d. Enforcement of all City codes and ordinances.
E. Capital Improvements Program. The City will initiate the construction or
acquisition of capital improvements necessary for providing municipal
services for the Tract. Those improvements which are necessary are
indicated below, and any necessary construction shall begin within two (2)
years of the effective date of this Plan, except as otherwise indicated.
1. Police Protection. Police protection for the Tract can be provided
using existing facilities. While no improvements are necessary at this
3
time, the Tract will be included with other territory in connection with
planning for new, revised or expanded police protection.
2. Fire Protection. Fire protection for the Tract can be provided by using
existing facilities and equipment. While no improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded fire protection.
3. Solid Waste Collection. No capital improvements are necessary at this
time to provide solid waste collection to the Tract as described in the
Early Action Program. The Tract will, however, be included with
other territory in planning for new, revised or expanded solid waste
collection service facilities.
4. Water and Wastewater Facilities. Currently there are no water or
wastewater facilities of which the City will assume control following
annexation. The City proposes the following means to provide the
necessary improvements for water and wastewater services.
a. Domestic water and wastewater service. Currently
domestic water and wastewater are self-provided by the
individual property owners either through wells, surface
water or by purchasing water from adjoining property
owners. The City will extend the existing water and
sanitary sewer lines for domestic services in accordance
with standard utility extension policies and procedures.
These policies and procedures include the imposition of
utility extension fees in accordance with Section 395.019
of the Code. Should a property owner elect to construct
the improvements sooner than the schedule established in
this Plan, the owner may construct or finance the
improvements and the costs incurred or funds advanced
will be credited against the utility extension fees due from
that property owner. As utility extension fees are
collected from other property owners, these fees will be
refunded to the property owner who constructed or
funded the construction of those capital improvements.
b. Industrial Process Water. Currently process water is
provided by on-site wells, water purchased from other
property owners or from water purchased from the
Coastal Industrial Water Authority (CIW A). The City
does not propose to change those arrangements.
However, should requests be received for process water,
the City will contract with CIW A to purchase water and
subsequently distribute that process water to those
4
industries requesting service. The mains and facilities
necessary for providing this service will be constructed in
accordance with the standard utility extension policies
and procedures described in the previous paragraph.
c. Industrial Process Wastewater. Currently wastewater
service to the Tract is provided by individual treatment
facilities, treatment by adjoining property owners or by
Gulf Coast Waste Disposal Authority. The City does not
propose to change those arrangements, however, should
requests be made for industrial wastewater services, the
City will extend existing sanitary sewer mains in
accordance with the standard utility extension policies
and procedures described above.
5. Roads and Streets including Lighting. In general, the City will acquire
dominion, control, and jurisdiction in, over and under public roads and
streets within the Tract upon annexation, pursuant to Art. 1175,
V.A.T.S., and similar provisions, subject to the jurisdiction of other
governmental entities. Additional roads, streets or related facilities are
not necessary at this time to serve the Tract. Future extensions of
roads or streets and future installation of related facilities such as
traffic control devices or street lights will be governed by standard
policies and procedures. The Tract will be included with other
territory in connection with planning for new, revised, widened or
enlarged roads, streets or related facilities.
6. Parks, Playgrounds and Swimming Pools. These services can be
provided by using existing facilities. While no additional capital
improvements are necessary at this time, the Tract will be included
with other territory in connection with planning for new, revised or
expanded parks, playgrounds or swimming pools.
7. Other Publicly Owned Facilities, Buildings or Services; Additional
Services. In general, other City functions and services, and the
additional services described above, can be provided to the Tract using
existing facilities. While no additional capital improvements are
necessary at this time, the Tract will be included with other territory in
connection with planning for new, revised or expanded services,
facilities and functions, including the additional services described
above.
IV. AMENDMENT; GOVERNING LAW
This Plan may not be amended or repealed except as provided by the Code or
other controlling law. Neither changes in the methods or means of implementing
5
any part of the service programs nor changes in the responsibilities of the various
departments of the City shall constitute amendments to this Plan, and the City
reserves the right to make such changes. This Plan is subject to, and shall be
interpreted in accordance with the Code, the Constitution and laws of the United
States of America and the State of Texas, and the orders, rules and regulations of
governmental bodies and officers having jurisdiction.
V. FORCE MAJEURE
Should a force majeure interrupt the services described herein, the City shall
resume services under this Plan within a reasonable time after the cessation of the
force majeure. "Fore majeure", for the purposes of this Plan, shall include, but
not be limited to, acts of God, acts of the public enemy, war, blockade,
insurrection, riots, epidemics, landslides, lighting, earthquakes, fires, storms,
floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of
government, explosions, collisions and any other inability of the City, whether
similar to those enumerated or otherwise, which is not in control of the City.
VI. ENTIRE PLAN
This document contains the entire and integrated service plan relating to the Tract
and supersedes all other negotiations, representations plans and agreements,
whether written or oral.
6