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HomeMy WebLinkAbout93-IDA-32 - - ORDINANCE NO. 93-IDA-32 AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF AN INDUSTRIAL DISTRICT AGREEMENT WITH PRAXAIR, INC., FOR THE TERM COMMENCING JANUARY 1, 1994, AND ENDING DECEMBER 31, 2000; 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. PRAXAIR, INC. has executed an industrial district agreement with the City of La Porte, for the term commencing January 1, 1994, and ending December 31, 2000, a copy of which is attached hereto, incorporated by reference herein, and made a part hereof for all purposes. section 2. The Mayor, the City Manager, the City Secretary, and the City Attorney of the City of La Porte, be, and they are hereby, authorized and empowered to execute and deliver on behalf of the City of La Porte, the industrial district agreement with the corporation named in Section 1 hereof. section 3. The City council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the Ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. e e ORDINANCE NO. 93-IDA-32 PAGE 2 Section 4. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this loth day of January, 1994. CITY OF LA PORTE ~ ~~~d d By: ~ ~Pk,e rman L. M e, Mayor ATTEST: ~ _ L--- Sue Lenes, City Secretary Knox W. Askins, City Attorney ~M CURRENT NAME praxair e - PREVIOUS NAME & DATE ". -8 SENDER: 'iij . Complete items 1 and/or 2 for additional services. III . Complete items 3, and 4a & b. l!! . Print your name and address on the reverse of this form so that we can l!l return this card to you. ~ . Attach this form to the front of the mail piece, or on the back if space .. does not permit. .! . Write "Return Receipt Requested" on the mail piece below the article number. ... 0 The Return Receipt will show to whom the article was delivered and the date g delivered. 'l:l 3. Article Addressed to: i 'frC()(.CLi r-' g CLiln: Cec.il 8. J<...e.r,e.f,'cIcJ ~ ProfJe~-ti Sa/e~ 74.)( OefJ-t- 63 ~ 3 q o/~ t?id~e..bl..'VI 'Koa.cL g pa.n bf-LY'/J c.lo(/iJl?-CJOO I <( ~ 5. :::l I- ~ 6. :s o > PS .!!! I also wish to receive the following services (for an extra fee): 1. 0 Addressee's Address CD U 'S: ... III U) 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number ... c.. "Qj u w a:: c: ... :l ... CD IX Cl c: "Iii ::l P 300 '")f 5 4b. Service Type o Registered lB'1;ertified o Express Mail 034; - o Insured o COD ~eturn Receipt for Merchandise 7. Date of Delivery I ... o .... 8. Addressee's Addr and fee is paid) r, i I :l o > ss (Only if requested .:1: c: CQ J:: I- DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business : '. RECEfVEO, ~fl~ fi ~:~int yo e\l'l MANJ\GE.RS . QFf\CE. PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE, $300 o r name, address and ZIP Code here (Di5) @fiW~~~ Do @o ~ ~D~~ Qj\ ~ '\D:l ~oUUU~ o e e CITY OF LA PORTE PHONE (713) 471-5020 . P. O. Box 1 1 1 5 ~ LA PORTE. TEXAS 77572 January 11, 1994 praxair Attn: Cecil B. Kenefick, Property Sales Tax Dept-G3 39 Old Ridgebury Road Danbury, CT 06817-0001 Re: City of La Porte Industrial District Agreement, Effective January 1, 1994. Dear Mr. Kenefick: I am pleased to enclose herewith fully executed duplicate original copy of the industrial district agreement between your firm and the City of La Porte, effective January 1, 1994, for the term expiring December 31, 2000. I also enclose certified copy of the City of La Porte's approval ordinance, for your records. Thank you for your cooperation in this matter. If my office can ever be of assistance to your firm, please do not hesitate to call. Yours very truly, CITY OF LA PORTE By: G~ .T, ~ Robert T. Herrera City Manager RTH:sw Enclosures e e ... NO. 93-IDA-~ { { STATE OF TEXAS { { COUNTY OF HARRI S { INDUSTRIAL DISTRICT AGREEMENT This AGREEMENT made and entered into by and between the CITY OF LA PORTE, TEXAS, a municipal corporation of Harris County, Texas, hereinafter called "CITY", and Praxair, Tue. , a Delaware corporation, hereinafter called "COMPANY", WIT N E SSE T H: WHEREAS, it is the established policy of the City Council of the City of La Porte, Texas, to adopt such reasonable measures from time to time as are permitted by law and which will tend to enhance the economic stability and growth of the City and its. environs by attracting the location of new and the expansion of existing industries therein, and such policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, pursuant to its policy, City has enacted Ordinance No. 729, designating portions of the area located in its extraterritorial jurisdiction as the "Battleground Industrial District of La Porte, Texas", and Ordinance No. 842A, designating portions of the area located in its extraterritorial jurisdiction as the "Bayport Industrial District of La Porte, Texas", hereinafter collectively called "District", such Ordinances being in compliance with the Municipal Annexation Act of Texas, codified as section 42.044, Texas Local Government Code; and WHEREAS, Company is the owner of land within a designated Industrial District of the City of La Porte, said land being legally described on the attached Exhibit "A" (hereinafter "Land") ; and said Land being more particularly shown on a plat attached as Exhibit "B", which plat describes the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte; and WHEREAS, City desires to encourage the expansion and growth of industrial plants within said Districts and for such purpose desire.s to enter into this Agreement with Company pursuant to Ordinance adopted by the City Council of said city and recorded in the official minutes of said City: NOW, THEREFORE, in consideration of the premises and the mutual agreements of the parties contained herein and pursuant to the authority granted under the Municipal Annexation Act and the Ordinances of city referred to above, city and Company hereby agree with each other as follows: Revised: October 22, 1993 e e \ I. City covenants, agrees and guarantees that during the term of this Agreement, provided below, and subject to the terms and provisions of this Agreement, said District shall continue to retain its extraterritorial status as an industrial district, at least to the extent that the same covers the Land belonging to Company and its assigns, unless and until the status of said Land, or a portion or portions thereof, as an industrial district may be changed pursuant to the terms of this Agreement. Subject to the foregoing and to the later provisions of this Agreement, City does further covenant, agree and guarantee that such industrial district, to the extent that it covers said Land lying within said District and not now within the corporate limits of City, shall be immune from annexation by city during the term hereof (except as hereinafter provided) and shall have no right to have extended to it any services by City, and that all Land, including that which has been heretofore annexed, shall not have extended to it by ordinance any rules and regulations (a) governing plats and subdivisions of land, (b) prescribing any building, electrical, plumbing or inspection code or codes, or (c) attempting to exercise in any manner whatever control over the conduct of business thereon; provided, however, it is agreed that City shall have the right to institute or intervene in any administrative and/or judicial proceeding authorized by the Texas Water Code, the Texas Clean Air Act, the Texas Health & Safety Code, or other federal or state environmental laws, rules or regulations, to the same extent and to the same intent and effect as if all Land covered by this Agreement were not subject to the Agreement. II. In the event that any portion of the Land has heretofore been annexed by City, Company agrees to render and pay full City ad valorem taxes on such annexed Land and improvements, and tangible personal property. Under the terms of the Texas Property Tax Code (S.B. 621, Acts of the 65th Texas Legislature, Regular Session, 1979, as amended), the appraised value for tax purposes of the annexed portion of Land, improvements, and tangible personal property shall be determined by the Harris County Appraisal District. The parties hereto recognize that said Appraisal District has no authority to appraise the Land, improvements, and tangible personal property in the un annexed area for the purpose of computing the "in lieu" payments hereunder. Therefore, the parties agree that the appraisal of the Land, improvements, and tangible personal property in the unannexed area shall be conducted by City, at City's expense, by an independent appraiser of City's selection. The parties recognize that in making such appraisal for "in lieu" payment purposes, such appraiser must of necessity appraise the entire (annexed and unannexed) Land, improvements, and tangible personal property. Nothing herein contained shall ever be interpreted as lessening the authority of the Harris County Appraisal District to establish the appraised value of Land, improvements, and tangible personal 2 e e 1. \' property in the annexed portion, for ad valorem tax purposes. III. A. On or before April 15, 1994, and on or before each April 15th thereafter, unless an extension is granted. in accordance with the Texas Property Tax Code, through and including April 15, 2000, Company shall provide City with a written description of its Land and all improvements and tangible personal property located on the Land as of the immediately preceding January 1st, stating its opinion of the Property's market value, and being sworn to by an authorized officer of the Company authorized to do so, or Company's duly authorized agent, (the Company's "Rendition"). Company may file such Rendition on a Harris County Appraisal District renqition form, or similar form. The properties which the Compa'ny must render and upon which the "in lieu of" taxes are assessed are more fully described in subsections 1, 2, and 3 of subsection D, of this Paragraph III (sometimes collectively called the "Property"). A failure by CQmpany to file a Rendition as provided for in this paragraph, shall constitute a waiver by Company for the current tax year, of all rights of protest and appeal under the terms of this Agreement. B. As part of its rendition, Company shall furnish to City a written report of the names and addresses of all persons and entities who store any tangible personal property on the Land by bailment, lease, consignment, or other arrangement with Company ("products in storage"), and are in the possession or under the management of Company on January 1st of each Value Year, further giving a description of such products in storage. C. On or before the later of December 31, 1994, or 30 days from mailing of tax bill and in like manner on or before each December 31st thereafter, through and including December 31, 2000, Company shall pay to City an amount "in lieu of taxes" on Company's Property as of January 1st of the current calendar year ("Value Year"). D. Company agrees to render to City and pay an amount "in lieu of taxes" on Company's Land, improvements and tangible personal property in the unannexed area equal to the sum of: 1. (a) Fifty percent (50%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by City's independent appraiser; and (b) Fifty-three percent (53%) of the amount of ad valorem taxes which would be payable to City if all of the Company's Land and improvements which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of city and appraised each year by 3 e e City's independent appraiser; and 2~ (a) On any Substantial Increase in value of the Land, improvements, and tangible personal property (excluding inventory) dedicated to new construction, in excess of the appraised value of same on January 1, 1993, resulting from new construction (exclusive of construction in progress, which shall be exempt from taxation), for each Value Year following -completion of construction in progress, an amount equal to Thirty percent (30%) of the amount of ad valorem taxes which would be payable to City if all of said new construction had been within the corporate limits of City and appraised by City's ipdependent appraiser. (b) A Substantial Increase in value of the Land and improvements as used in subparagraph 2(a) above, is defined as an increase in value that is the lesser of either: i. at least Five percent (5%) of the total appraised value of Land and improvements, on January 1, 1993 -; or ii. a cumulative value of at least $3,500,000.00. For the purposes of this Agreement, multiple projects that are completed in a Value Year can be cumulated to arrive at the amount for the increase in value. (c) If existing property values have depreciated below the value established on January 1, 1993, an amount equal to the amount of the depreciation will be removed from this calculation to restore the value to the January 1, 1993, value; and 3. (a) Fifty-percent (50%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items of leased equipment, railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1994, January 1, 1995, and January 1, 1996, had been within the corporate limits of City and appraised each year by the City's independent appraiser; (b) Fifty-three p~rcent (53%) of the amount of ad valorem taxes which would be payable to City on all of the Company's tangible personal property of every description, including, without limitation, inventory, oil, gas, and mineral interests, items 4 e e ~ \ of leased equipment, .railroads, pipelines, and products in storage located on the Land, if all of said tangible personal property which existed on January 1, 1997, January 1, 1998, January 1, 1999, and January 1, 2000, had been within the corporate limits of City and appraised each year by the City's independent appraiser. with the sum of 1, 2 and 3 reduced by the amount of City's ad valorem taxes on the annexed portion thereof as determined by appraisal by the Harris County Appraisal District. IV. This .Agreement shall extend for a period beginning on the 1st day of January, 1994, and continuing thereafter until December 31, 2000, unless extended for an additional period or periods of time upon mutual consent of Company and ci ty as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before August 31, 2000, the agreement of city not to annex property of Company within the District shall terminate. In that event, City shall have the right to commence immediate annexation proceedings as to all of Company's property covered by this Agreement, notwithstanding any of the terms and provisions of this Agreement. Company agrees that if the Texas Municipal Act, section 42.044, Texas Local Government Code, is amended after January 1, 1994, or any new legislation is thereafter enacted by the Legislature of the State of Texas which imposes greater restrictions on the right of City to annex land belonging to Company or imposes further obligations on City in connection therewi~h after the annexation of such land, Company will waive the right to require City to comply with any such additional restrictions or obligations and the rights of the parties shall be then determined in accordance with the provisions of said Texas Municipal Annexation Act as the same existed January 1, 1994. V. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns even though it' is not extended by agreement between City and all of the 'owners of all land within the District of. which it is a part. VI. A. In the event Company elects to protest the valuation for tax purposes set on its said properties by City or by the Harris County Appraisal District for any year or years during the terms hereof, nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same. Notwithstanding such protest by Company, Company agrees to pay to 5 e e City on or before the date therefor hereinabove provided, at least the total of (a) the total .amount of ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu of taxes" on the unannexed portions of company's hereinabove described property which would be due to City in accordance with the foregoing provisions of this Agreement on the basis of renditions which shall be filed by Company. When the City or Harris County Appraisal District (as the case may be) valuation on said property of Company has been so finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final conclusion of the controversy, then within thirty (30) days thereafter Company shall make payment. to City of any additional payment due hereunder based on such final valuation, together with applicable penalties, interests, and costs. B. Should Company disagree with any appraisal made by the independent appraiser selected by City pursuant to Article II above (which shall be given in writing to Company), Company shall, within twenty (20) days of receiving such copy, give written notice to the City of such disagreement. In the event Company does not give such written notice of disagreement within such time period, the appraisal made by said independent appraiser shall be final and controlling for purposes of the determination of "in lieu of taxes" payments to be made under this Agreement. Should Company give such notice of disagreement, Company shall also submit to the City with such notice a written statement setting forth what Company believes to be the market value of Company's hereinabove described property. Both parties agree to thereupon enter into good faith negotiations in an attempt to reach an agreement as to the market value of Company's property for "in lieu" purposes hereunder. If, after the expiration of thirty (30) days from the date the notice of disagreement was received by City, the parties have not reached agreement as to such market value, the parties agree to submit the dispute to final arbitration as provided in subparagraph 1 of this Article VI B. Notwithstanding any such disagreement by Company, Company agrees to pay to city on or before December 31 of each year during the term hereof, at least the total of (a) the ad valorem taxes on the annexed portions, plus (b) the total amount of the "in lieu" payments which would be due hereunder on the basis of Company's valuations rendered and/ or submitted to City by Company hereunder, or the total assessment and "in lieu of taxes" thereon for the last preceding year, whichever is higher. 1. A Board of Arbitrators shall be created composed of one person named by Company, one by city, and a third to be named by those two. In case of no agreement on this arbitrator in 10. days, the parties will join in a written request that the Chief Judge of the U.s. District Court for the Southern District of Texas appoint the third arbitrator who, (as the "Impartial Arbitrator") shall preside over the arbitration proceeding. The sole issue to be determined in the arbitration shall be resolution 6 e e \ . of the difference between the p~rties as to the fair market value of Company's property for calculation of the "in lieu" payment and total payment hereunder for the year in question. The Board shall hear and consider all relevant and material evidence on that issue including expert opinion, and shall render its written decision as promptly as practicable. That decision shall then be final and binding upon the parties ~ subj ect only to judicial review as may be available under the Texas General Arbitration Act (Articles 224-238, Vernon's Annotated Revised civil statutes of Texas). Costs of the arbitration shall be shared equally by the Company and the city, provided that each party shall bear its own attorneys fees. VII. City shall be entitled to a tax lien on Company's above described property, all improvements thereon, and all . tangible personal property thereon, in the event of default in payment of "in lieu of taxes" payments hereunder, which shall accrue penalty and interest in like manner as delinquent taxes, and which shall be collectible by City in the same manner as provided by law for delinquent taxes. VIII. This Agreement shall inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operation of law, all or any part of the property belonging to it within the territory hereinabove described, and the agreements herein contained shall be held to be covenants running with the land owned by Company situated within said territory, for so long as this Agreement or any extension thereof remains in force. Company shall give City written notice within ninety (90) days, with full particulars as to property assigned and identity of assignee, of any disposition of the Land, and assignment of this Agreement. . IX. If City enters into an Agreement with any other landowner with respect to an industrial district or enters into a renewal of any existing industrial district agreements after the effective date hereof and while this Agreement is in effect, which contains terms and provisions more favorable to the landowner than those in this Agreement, Company and its assigns shall have the right to amend this Agreement and City agrees to amend same to embrace the more favorable terms of such agreement or renewal agreement. This Paragraph shall not apply to any Court ordered extension of the term of the Agreement ordered in Southern Ionics, Inc. vs city of La Porte, civil Action H-89-3969, united states District Court, Southern District of Texas. 7 e \. e X. The parties agree that this Agreement complies with existing laws pertaining to the subject and that all terms, considerations and conditions set forth herein are lawful, reasonable, appropriate, and not unduly restrictive of Company's business activities. without such agreement neither party hereto would enter into this Agreement. In the event anyone or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person,' firm, corporation or circumstances shall be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph, section, article or other part of the Agreement shall be deemed to be independent of and separable from the remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. XI. Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said Land shall terminate. ENTERED INTO effective the 1st day of January, 1994. ATTEST: ~ City Secretary Phone: Fax: (713) 471-1886 (713) 471-2047 By: Praxair, Inc. uJ ~COMPANY) Name: J. James Fields. Title: Vice President and Controller Address: 39 Old Ridgebury Road Danbury, CT 06810-5113 By: ~ OF LA PORTE - ~~4/~ Mayor By: Q~ \. ~ Robert T. Herrera City Manager CITY OF LA PORTE P.O. Box 1115 La Porte, TX 77572-1115 8 !ffff~!P~D_ _raxair, Inc. fax Department - M I 39 Old Ridgebury Road Danbury, CT 06810-5113 Te~phone (2031 794.4419 December 23, 1993 Mr. Robert T. Herrera City Manager, City of la Porte P.O. Box 1115 la Porte, TX 77572-1115 R€C€IV€Q DEe 2 7 IQQJ CITy MAN AGERS OFFICE Re: Industrial District Agreement City of la Porte, Texas and Praxair, Inc. Dear Mr. Herrera: Enclosed are two signed copies of subject agreement. After formal approval by City Council by passage of an approval ordinance, we understand that a copy will be returned to us when fully signed by City officials. Please advise if the attached plat reflecting boundary lines and site layout is not suitable for your's or Mr. Hugh landrum's needs. Very truly yours, Cf ~.j~/J C.B. Kenefick Mgr., Property Taxes CBK:cmb Enc. ck. 12. 1 CC: Mr. H.l. Landrum An Atmosphere of Excellence !ffjf~fP~D. Araxair, Inc. ~ax Department -K2 39 Old Ridgebury Road Danbury, CT 06810-5113 October 28, 1993 Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 Re: City of La Porte Proposed Industrial District Agreement Dated October 22. 1993 Dear Mr. Herrera: Praxair, Inc. has received and reviewed the City of la Porte's proposed industrial district agreement, dated October 22, 1993, for the term January 1, 1994 through December 31, 2000. By this letter of Intent, our firm expresses its agreement to complete, execute and deliver to the City, the City's proposed form of industrial district agreement with appropriate attachments as Exhibit "A" and Exhibit "B" at the earliest possible date. This letter of Intent is given by our firm to the City of la Porte at this time, with the request that the City of la Porte not include our firm's land in any annexation proceedings. Our firm understands that the City of la Porte, in reliance upon this letter, will not include our firm's land in the proposed annexation proceedings. Yours very truly, PRAXAIR, INC. By: wJ.~ W.J. Fields Vice President & Controller An Atmosphere of Excellence !f!ff~[j)mLiJELijD. 4traxair, Inc. fax Department -K2 39 Old Ridgebury Road Danbury, CT 06810-5113 October 28, 1993 Mr. Robert T. Herrera City Manager City of La Porte P.O. Box 1115 La Porte, TX 77572-1115 RECEIVEQ NOV 1 1993 CI TY MANAGE OFFICE RS Re: City of La Porte, Proposed Industrial District Agreement Dated October 22. 1993 Dear Mr. Herrera: On subject matter, enclosed is the original Letter of Intent, a copy of which was faxed . to you today. The signed Industrial District Agreement with attachments will be sent in the near future. Very truly yours, GJ IlI6jJ C.B. Kenefick Mgr., Property Taxes CBK:cmb Enc. ck.10.7 "'" An Atmosphere of Excellence o u.s. Department of Transportation Federal Aviation Administration -- e cr;~: ; C: <::: ~ c:::.::. /) ('! ,., ,--' 101 J I€.. tr -;-"~f"\ I::;" r"'l" , --) ~!t. Southwest Region Air Traffic Operations Branch Fort Worth, Texas 76193-0530 N REPLY REFER TO AERONAUTICAL STUDY I NO. 96-AS\V-I075-0E DETERMINATION OF NO HAZARD TO AIR NAVIGATION CO P Praxair, Inc. CONSTRUCTION LOCATION IX Attn: Robert 1. Strassburg P"LA[';1: NAMt: 0 ~ 175 East Park Drive La Porte, TX z 0 T onawanda, New York, 14 15 1 LA TTTUDE LONGITUDE (NALJISJ} Q. fI) 29041'32.82" 95ooi03.74" DESCRIPllON Three Interconnected Process Columns -. NSTRUCTION ROPOSED 216 243 An aeronautical study of the proposed construction described above has been completed under the provisions of Part 77 of the Federal Aviation Regulations. Based on the study it is found that the construction would have no substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on the operation of air navigation facilities. Therefore. pursuant to the authority delegated to me. it is hereby determined that the construction would not be a hazard to air navigation providing the following conditions are met: Conditions: The structure should be marked and lighted in accordance with Chapters 3, 4, 5, and 13, in FAA Advisory Circular 70/7460-1H, Obstruction Marking and Lighting, which is available free of charge from the Department of Transportation, Subsequent Distribution Unit, M-494.3, 400 7th Street, S.W., Washington, D.C. 20590 Supplemental notice of construction is required any time the project is abandoned (use enclosed FAA form. or 12] At least 48 hours before the start of construction (use the enclosed FAA form) 12] Within five days after the construction reaches its greatest height (use the enclosed FAA Form) This determination expires on December 30, 1997 unless: (a) eldended. revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission and an application for a construction permit is made to the FCC on or before the above expiration date. In such case the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. NOTE: Request for eldension of the effective period of this determination must be postmarked or delivered to the issuing office at least 15 days prior to the expiration date. This determination is subject to review if an interested party files a petition on or before June 20, 1996. In the event a petition for review is filed. it should be submitted in triplicate to the Manager. Flight Information and Obstructions Branch. AA T -210. Federal Aviation Administration. Washington, D.C. 20591, and contain a full statement of the basis upon which it is made. This determination becomes final on June 30, 1995 unless a petition for review is timely filed, in which case the determination will not become final pending disposition of the petition. Interested parties will be notified of the grant of any review. An account of the study findings. aeronautical objections. if any. registered with the FAA during the study, and the basis for the FAA's decision in this matter will be found on the following pagels). If the structure is subject to the licensing authority of the FCC, a copy of this determination will be sent to that Agency. This determination, issued in accordance with FAR Part 77, concerns the effect of this proposal on the safe and efficient use of the navigable airspace by air?:a,ft and does not relieve the sponsor of any compliance responSibilities relating to any law. ordinance. or regulation of any Federal. State.\~r'~1 ~ren~~or SIGNED ~'Ys~ TITLE Manager, System Management Branch ISSUED IN Fort Worth, Texas ON May 21, 1996 FAA FORM 7460-9 (2183) SUPERSEDES PREVIOUS EDITION Page 1 of ~ Pages r-- /"""", '-j 2 AERONAUTICAL STUDY NUMBER 96-ASW-I075-0E The proposed construction would be located approximately 2.09 nautical miles (NM) northeast of the La Porte Muni Airport, La Porte, Texas. It would exceed the obstruction standards of Title 14, Code of Federal Regulations, Part 77 as follows: @ Section 77.23(a)(2) by 16 feet - a height that exceeds 200 feet above ground level within 3 NM as applied to the La Porte Municipal Airport. The proposal was not circularized to the public for aeronautical comment because it would be located in proximity to existing structures of comparable heights, would have no greater effect on aeronautical operations than the existing structures, and there is no plan on file with the Federal Aviation Administration (FAA) to either alter or remove the existing structures. Aeronautical study disclosed that the proposed structure would have no effect on any existing or proposed arrivaL departure, or en route instrument flight rules, operations, procedures, or minimum flight altitudes. Study for possible visual flight rules (YFR) effect disclosed that the proposed structure would have no effect on any existing or proposed arrival or departure VFR operations or procedures. It would not conflict with airspace required to conduct normal VFR traffic pattern operations at any known public use or military airports, In addition, the proposed structure would not penetrate those altitudes normally considered available to airmen for VFR en route flight. The cumulative impact of the proposed structure, when combined with other existing structures, is not considered significant. Study did not disclose any adverse effect on existing or proposed public-use or military airports or navigational facilities. Nor would the proposal affect the capacity of any known existing or planned public-use or military airport. Therefore, it is determined that the proposed construction would not have a substantial adverse effect on the safe and efficient utilization of the navigable airspace by aircraft or on any air navigation facility and would not be a hazard to air navigation. The proposed structure will be appropriately obstruction marked and lighted to make it more conspicuous to airmen should circumnavigation be necessary. This determination does not include temporary construction equipment such as cranes, derricks, etc., which may be used during the actual construction phase of this proposal. Such equipment which has a height greater than the proposed structure requires separate notice. In this instance, the temporary construction crane has been treated in aeronautical study 96-ASW-1146-0E. '- --""'" ,......... -:"'-"""':- .. ....-.....,..-... ...._'"._...v~... .'-" - . '- . I. I . .-...........1 "'...-...... - "..- , . ... ....:-_....... ~- --. ......... , ' . r;d;r-.- -. Industrial District Agreements Each company's packet should contain the following: ~ '~ A letter offering the agreemenjand certified copy of ordinance A letter requesting action If 1/ ./' V y V' v l./'"' Agreement - signed by company. Mayor. RTH. Sue. Knox Exhibit "A" ./ . Exhibit "B" - some will not have this item since we kept the only one that was sent ~ - - -_.....~...... .."~, .. ---...;;..... ._......;..;.;;.;:....~~...:.::.:...;..~::.~::-. -:....:-.~: .:'~:"2 ~":~:;;-~ -j--:,.'::.:,'.-::.:"~, . W.:":,:: - _, __.. 'r ._" '. _.__. _..__ ... ~.... . . . ..... ".- - - :.........-..~_4~_.......:._:,.. .~...,...,~......"'-..,.:. ",'c'o .'~:":,,,,.~,,,""J.. ,.". ;:._...':.... .......,._~-._ '-_.....-._ ~;..,tt...~....:,-::~.......\;.~~'..........._,... ....,.0: "':':",= ..... ..."':':_....' ::.....-":"...._....'....._..,.___......._.':-__~..-~...... ....._........ ,.~,..... ...... .. : ..- ... .. ...,'. ',:~ . - "EXHIBIT A". TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND Praxair, Inc. (Metes and Bounds Description of Land) See attached "Schedule A" - Premises LaPorte. 9 . '. e SCHEDULE A e LaPorte . . . Premlses 138-72=0'1" 5 57.580 acres of land situated i.Ii Harris O:>unty, Texas, being a portion of Lot 'lWelve (12) of a subdivision of the F.A. Staashen 'Iract, plat ra::::orded in Volurre 1, at Page 22 of the Map Records of Harris County, Texas and out of the Enoch BrinSon Survey, Abstract No.5, said 57.580 acres of land being rrore particularly described by metes and rounds as follCMS: . " . I . BmrnNIN:; at a 5/8" iran rOO set for the intersection of the West line of Strang lbad ('Ihirteenth Street), based an 60 foot width, with the North line of State Highway 225 and being the nest Northerly corner of that certain tract of land described in Deed fran Elizabeth Cockburn Deaver to the State of Texas recorded in Vol\Jl're 6179, Page 148 of the Deed Records of Harris ~ty, Texas; '!HrnCE, S 220 54' 02" W, 130.73 feet along the North line of State Highway 225 to a concrete highway rronurrent found for COD1er; 'lEEla, S 440 13' 10" W, 40.00 feet along the North line of State Highway 225 to a concrete highway rronument found for a point of curvature: 'IHIN:E in a Southwesterly direction along a curve to the right, having a central angle of 300 DO' 00" and a radius of 309.71 feet, an arc distance of 162.16 feet to a concrete highway, rronurrent found for a point of tangency; " " I 'I ' q . 'i i 'nirnCE, S 740 13' 10" W, 158.22 feet along the North line of State Highway 225 to a concrete highway rrcnument (broken) found for a point of curvature; , :Ii THENCE in a Westerly direction along a curve to the right, having a central angle of 180 30' 00" and a 'radius of 2291.83 feet, an arc distance of 740.00 feet to a concrete highway rronurrent found for a point of tangency: : " 'rnENCE,N'"g70':16' 50" W, 279.00 feet along the North line of State Highway 225 to a 5/8"..,.iron rcXi Set 'for:corner in the East line of that certain "Second'" tract. descx:i.bed in' Deed fran Grace Bausch to the United States of 1vrerica' recordediri V61\J1'reo'1298, at Page 147 of the Deed Records of Harris O:>unty, Texas, fran which 5/8" iron rOO a found concrete highway m:nunent (broken) bearS ..West, 0.4 feet, and a found concrete highway . JTCnument bears S 74,0 }4' ~, 51.7 feet; " ". : ..' .' t ; t__ . ; II '.mENCE, N 030 OO'28":W,'1804.86 fee~'to a 5/8" iron rod-set for the Northeast corner of that certain "First" tract to the United States of 1vrerica described in heretofore mentioned Deed, recorded in Vol\J1're 1298, at Page 147, fran which set 5/8" i.rCri roo a follI'rl 5/8" iron rOO for the NortbYest corner of said "First" tract bears S 860 56' 18" W, 50.0 feet; !,. f' I :: 'lHEN:E, N 860 56' 18" E, 1394.70 feet along the North line of Lot 12 to a 5/8" ira1 rOO set for corner in the West line of Strang lbad. ('Ih:irteenth Street) ; . II: ,I I II,: . ) I I, I::" \"1""11' '!!, 'imN:::E, S 030 02' 34~ E, 1534".30feet)il1ong the West line of Strang IOad ('lhirtee.Tlth Street) to ~ POINr ipF BEX;INNJN; and ccntaining 57.580 acres of land ,; I. d I' I',. . 'I,., . I I I' .' l-,II ,. . 'j,: LESS AND EXCEPT tBep~emis:esoc~n~eyed by Grantor to 'Union Carbide Industrial Services Company by Deed dated September 3. 1985 and recorded under Hat-tis Co~nty,:'Ci'lerk' s File No. K323802. File Code 033-71-1270. ' :~!I,..I : I t, i l',Ji, 1] "j '!, i; '\ I , ',1 I ~....Y. -'-'.'1 .', '/1.'"'''''' " ......, . ...- ;,' '..: ,,: ," ~ i-';, ,"- . . . . " ' , . . ., "j ; ~ .~ . . . . . :1 '1 ,'~'.1 . ..' ___ I .' "', .' -"..1 ." . .' . . , , , ,~>t.. '. '.' , ~ , . . 1 .. '.' i ~ , " . . '1 . ~ . . , . :>::' ,'.... . '; ", . . \ ~.- j..' . '. '/.", ",. .~'. .. ; (:;-.~. . .....E\\i;.) '.. 1~..:,. ::':' :::':._ ,,', .. ," " ,~ CJ ~~ <J:- ~ ~ N. ... c.O bu. ~O~ 'T ." .; f~ II 'X III R, J IJ ( P...AI'\"t L'Nt:.~ -\ <'v ~ <~ r.'-.) ~) tI. ~.~ S"-J,J."~ - $0, &:-S1'-2.C,''W. 5~et>' l.AND 580,8,0' ~A -PC>~TE ,"-n1-AS 1,2. A~~I'- '&~ . o 10 '1,,1'.,:~.\~ ("f. _ '~I 0 t I ::, c. Cl ~, 4,Doo ~~~E$ ~\ ,,...40 S..M. ~ " . Jl c.ou.,." "( , ;.. "s i) ....... ... III ~ ct. ... (f) /\ ~ \ \ 1 ,..J< 6.1 ~ ~ I \ . ~. ~ ~ \ fI ~ ~ ~ ~ ... ct ~ ... '- '" <.i l: , ~ I ~ .~ \ i . "'~\ ~ ! \ y 11'~t ' it l. ~~.\'~. l\'r ~ v I k,~ ~~, .j ~ ..~ ~, ~~ ~~ ~~ ' . . ~ ""~ ~'t , . ;.," :.,',::; . r', .,,~~ . . f..... f'. ' ~"" "; i)' '. t/. ~.(~: f;! 1;'",,'::', t;::!: ~..'::\ -';"Ij.. . !.~: . . .:" , it-if;, '!:\\ r'~" i. i:~ ~.; .~{:: : ':~ j' '. ~'f; .. t.:..:'. l;~/ . I":;;.. . ri'..;~:, ~.'.r< :it:",:!.:", ~~;,:~: ti~'~;': ': ~;"!i~ ., r.~~.t; : ';~:T . \,,: . .i{~~. ~'.",,', /y' -.:': ;,~~,.~. '. . ~. . '. ~:~ . . .:., 1;' . II' . e \. e " "EXHIBIT B" TO INDUSTRIAL DISTRICT AGREEMENT BETWEEN THE CITY OF LA PORTE AND Praxair, Inc. (Attach Plat reflecting the ownership boundary lines; a site layout, showing all improvements, including pipelines and railroads, and also showing areas of the Land previously annexed by the City of La Porte.) See attached plat 10 ~'. I. , . t ro' - ~ l' i, ~. If ~ ~~;. i: . - - ... - \of ~ 't ''- ~-;.- ,-'..' . . l...... r' t r~' . 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L 11, jJ r1J ,~ ;u~, 1 '/.,: ~,II ."f. I ,! 1 /". \"f t.: i . I I ! 1 ' ~- " ,- ,., . . ,,"-,'"'- -,", _ ",",-~,..I'L~ T l l'~.~ ----. ( , Ih, ~...... '-'; . _ ~.'9I'~ IOb9-hIZ-Q .. ~ ~--~ ...... 'i SEE. B1lARGED DETA\L f 'v . !1~ I .0 tr i u.- ~, l' .-- i : i - -+------1- ~ i I ! ! i -'T-1--~-- ----I : . ...::,;'1;: - :<..~,':.'~.~ .~~ i ! !--- '. ~ .- ----- .-:J ~ .. . --- , ... ....., n ._-~--.-I--- I j-- -, - ISSLiE-D .-.---..-.- ,-.-..'- - ---. -- -_.-.-- -.-- _._-- %' f> i...cc.~. _ . :#.- " . - MJ IITT .,.. . '. ..,. .,... D E G H F . , .. A.' - . 8 ~- ...:-.._.-!....:-~..~~.~A.:;._..:....-...;..~....:_.~~....__. ___-__~.. _ _ _. . ____..::....____ _ ..,. -..~,.;___'_.-..,.. .... ...'L-._~...,; c ').' . .-; I . . ,.~....~.._W"~~""'.&_ I' .. . Ii 8 + ~ U) 81 81 81 ~I .11 d · ,~. ;n "'>-1 Ji I t)~ ~~ I " ...-, " , \." ~~. l<t:\ . - ----.<.1- ~___+- ~ __ __1 _____.. __... ____.__ ~ o Q 1- CO U) 01 o + a- J) . ! I --1--- I I , li ! e. IF";;) I.Hvyll,!.AU'-J, ~\ ..... It . 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A, ~ ~T~ M.\Rk€D ALT ~). AP..E h JNClUtTE-O ill lHIS COI.J7 kMT ". - ,- (SPEc.. FILE: UQ. 1850) ~I I I tI) oJ -:,. .~ ~ ~. I ! I I S", ec:T"" o~ "2... S 1I'n:ri " IIJI .. ...... ~. J -. K L