HomeMy WebLinkAbout93-IDA-32
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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.
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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
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By: ~ ~Pk,e
rman L. M e,
Mayor
ATTEST:
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Sue Lenes,
City Secretary
Knox W. Askins,
City Attorney
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CURRENT NAME
praxair
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PREVIOUS NAME & DATE
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'iij . Complete items 1 and/or 2 for additional services.
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l!! . Print your name and address on the reverse of this form so that we can
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~ . 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
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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
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NO. 93-IDA-~ {
{
STATE OF TEXAS {
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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
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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
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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
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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
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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
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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
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. 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.
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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
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_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.
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An Atmosphere of Excellence
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u.s. Department
of Transportation
Federal Aviation
Administration
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N REPLY REFER TO
AERONAUTICAL STUDY
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NO. 96-AS\V-I075-0E
DETERMINATION OF NO HAZARD TO AIR NAVIGATION
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Praxair, Inc. CONSTRUCTION LOCATION
IX Attn: Robert 1. Strassburg P"LA[';1: NAMt:
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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
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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.
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Industrial District Agreements
Each company's packet should contain the following:
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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 ~
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"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
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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;
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'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) ; .
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'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
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"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
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