HomeMy WebLinkAbout2000-IDA-25
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ORDIBANCB BO. 2000-IDA-25
AN ORDIBARCB AUTHORIZIBG THB BXBCUTIOB BY THB CITY OF LA PORTB OF
AN IBDUSTRIAL DISTRICT AGRI;BKBNT WITH PRAXAIR, IBC., FOR THB TBRM
COHNBBCIBG JANUARY 1, 2001, AND BNDIBG DBCBKBBR 31, 2007; MAKIBG
VARIOUS FIBDIBGS AND PROVISIOBS RBLATII~ TO THB SUBJBCT; FIBDIBG
COMPLIANCB WITH THB OPBB MEBTIBGS LAW; AND PROVIDIBG AN BFFBCTIVB
DATB HBRBOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. PRAXAIR, INC. has executed an industrial district
agreement wi th the ci ty 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 exec:ute and deliver on behalf
of the City of La Porte, the industrial district agreement with the
corporation named in Section 1 hereof. ~
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section 3. The City Council officially finds, determines,
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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, Chap.ter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this c)rdinance and the subject
matter thereof has been discussed, considered and form?llly acted
upon. The City Council further ratifie:s, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Ordinance shall be effE~ctive from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 28th day of August, 2000.
ATTEST:
~~a.~miI
Mar ha A. Gillett
City Secretary
APiEI~
Knox W. ASkins,
City Attorney
By:
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.City of La Porte.
Established 1892
September 7, 2000
Praxair Inc.
Attn: Donald C. McLean
Manager, Property Tax
39 Old Ridgebury Road.
Danbury, CT 06810-5113
Re: Industrial D~trict Agreement (IDA) Series 2001~~007
Dear Mr. McLean:
Enclosed is a fully executed duplicate original of the Industrial District Agreement between .
your firm and the City 9f La Porte, effective January 1,2001, for the term expiring
December 31,2007. I also enclose a certified copy of the City's approval ordinance, for your
records.
As part of the document preparation, the City examined Exhibits "A" and "B" furnished. by
your firm. While revie~ing the documents, we found that:
Exhibit "B", as submitted, is poorly copied, illegible allld does not illustrate coverage of
the entire tract as per Exhibit "A". Please provide a legible, larger copy that clearly
dermes the property boundaries as described in Exhibit "A".
We feel that these exhibits will assist in monitoring the faithful performance of the Industrial
District Agreements as . well as aiding long-range planning activities.
If you do not have this information, cannot readily develop it, or need to discuss this request,
please contact John Joerns, Assistant City Manager.
Th~ you for your assistance in completing these documf:n,ts.
Respectfully,
G~ T. ~~
Robert T. Herrera
City Manager
P.O. Box 1115 · La Porte, Texas 77572-1115 · (281) 471-5020
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NO. 2000-IDA-...?2.... {
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STATE OF TEXAS {
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COUNTY OF HARRIS {
INDUSTRIAL DISTRICT AGREEMENT
This AGREEMENT made and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris County,
Texas, hereinafter called "CITY", and PRAXAIR, INC.
, 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; an~
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'pf 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 "Distric::t", 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
desires to enter into this Agreement with Company pursuant to
Ordinance adopted by the City Council of said City and recorded in
the official minutes of said City:
NOW, THEREFORE, in consideration of the premises and the
mutual agreements of.the parties contained herein and pursuant to
the authority granted under the Municipal Annexation Act and the
Ordinances of City~referred to above, City and Company hereby agree
with each other as follows:
FINAL DRAFT: February 24, 2000
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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 hertaof (except as hereinafter
provide~) 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 plat:s and subdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or codes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rulE~s and regulations attached
hereto as Exhibit "C" and made a part hereof; and provided,
however, it is agreed that City shall have the right to institute
or intervene in any administrative and/or judicial proceeding
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federal or state environmental
laws, rules or regulations, to the saDie extent and to the same
intent and effect as if all Land covered by this Agreement were not
subject to the Agreement.
II.
In the event that any portion of the Land has heretofore been
annexed by City, Company agrees to render and pay full City ad
valorem taxes on such annexed Land and improvements, and tangible
personal property.
Under the terms of the Texas Property Tax Code (S.B. 621, Acts of
the 65th Texas Legislature, Regular Session, 1979, as amended), the
appraised value for tax purposes of the. annexed portion of Land,
improvements, and tangible personal property shall be determined by
the Harris County Appraisal District. The parties hereto recognize
that said Appraisal District has no authority to appraise the Land,
improvements, and tangible personal property in the unannexed area
for the purpose of computing the "in lieu" paYments hereunder.
Therefore, the parties agree that the! appraisal of the Land,
improvements, and tangible personal property in the unannexed area
shall be conducted by City, at city's expense, by an independent
appraiser of ci ty' s selection. The parties recognize that in
making such appraisal for "in lieu" payment purposes, such
appraiser must of necessi ty appraise the entire (annexed and
unannexed) Land, improvements, and tangi.ble personal property.
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Nothing herein contained shall ever be interpreted as lessening the
authority of the Harris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem tax purposes.
III.
A. On or before April 15, 2001, and on or before each April 15th
thereafter, unless an extension is granted in accordance with the
Texas Property Tax Code, through and including April 15, 2007,
Company shall provide City with a written description of its Land
and all improvements and tangible personal property located on the
Land as of the immediately preceding January 1st, stating its
opinion of the Property's market value, and being sworn to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the Company's "Rendition"). Company may
file such Rendition on a Harris County Appraisal District rendition
form, or simil~r form. The propertit!s which the Company must
render and upon which the "in lieu of" taxes are assessed are more
fully described in subsections 1, 2, and. 3 of subsection D, of this
Paragraph III ( sometimes collectively called the "Property");
provided, however, pollution control equipment installed on the
Land which is exempt from ad valorem taxation pursuant to the
provisions of Sec. 11.31 of the Texas Property Tax Code is exempt
from ad valorem taxation and "in lieu. of taxes" hereunder. A
failure by Company to file a Rendition as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of p~otest and appeal under the terms of this
Agreement.
B. As part of its rendition, Company shall furnish to City a
written report of the names and addresses of all persons and
entities who store any tangible personal property on the Land by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
management of Company on January 1st of each Value Year, further
giving a description of such products in storage.
c. On or before the later of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before each December
31st thereafter, through and including December 31, 2007, Company
shall pay to City an amount "in lieu of taxes" on Company's
Property as of January 1st of the current calendar year ("Value
Year").
D. Company agrees to render to City and pay an amount "in lieu of
taxes" on Company · s Land, improvement:s and tangible personal
property in the unannexed area equal to the sum of:
1. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to City if all of the
Company's Land and improvements which existed on January
1, 2001, and each January 1 thereafter of the applicable
Value Year during the term of this Agreement, (excluding
amounts payable pursuant to subparagraph 2, below), had
been within the corporate limits of City and appraised
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each year by city's independent appraiser, in accordance
wi th the applicable provisiom; of the Texas Property Tax
Code; and
2. (a) On any Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) dedicated to new
construction, in excess of the appraised value of
same on January 1, 2000, resulting from new
construction (exclusiv4a of construction in
progress, which shall be exempt from taxation), for
each Value Year following completion of
construction in progress, an amount equal to Thirty
percent (30%) of the amount of ad valorem taxes
which would be payable to city if all of said new
construction had been within the corporate 'limits
of City and appraised by city's independent
appraiser, in accordance with the applicable
provisions of the Texas Property Tax Code.
(b) A Substantial Increase in value of the Land,
improvements, and tangible personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
i. at least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
ii. a cumulative value of at least $3,500,000.00.
For the purposes of this Agreement, multiple
projects that are completed in a Value Year can be
cumulated to arrive at the amount for the increase
in value.
(c) If existing Property values have depreciated below
the Property value established on January 1, 2000,
an amount equal to the ~mount of the depreciation
will be removed from the calculation under this
subparagraph 2 to restore the value to the January
1, 2000, value; and
3. Fifty-three percent (53%) of the amount of ad valorem
taxes which would be payable to ci ty on all of the
Company's tangible personal property of every
description, located in an industrial district of City,
including, without limitation, inventory, oil, gas, and
mineral interests, items of leased equipment, railroads,
pipelines, and products in storage located on the Land,
if all 'of said tangible personal property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during the term of. this Agreement,
had been within the corporate limits of City and
appraised each year by the city's independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
wi th the sum of 1, 2 and 3 reduced by the amount of . ci ty' s ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris County Appraisal District.
IV.
This Agreement shall extend for a period beginning on the 1st day
of January, 2001, and continuing thereafter until December 31,
2007, unless extended for an additional period or periods of time
upon mutual consent of Company and City as provided by the
Municipal Annexation Act; provided, however, that in the event this
Agreement is not so extended for an addit:ional period or periods of
time on or before August 31, 2007, the agreement of City not to
annex property of Company within the District shall terminate. In
that event, ci ty shall have the right to commence immediate
annexation proceedings as to all of Company's property covered by
this Agreement, notwithstanding any of the terms and provisions of
this Agreement.
Company agrees that if the Texas Municipal Act, Section 42.044,
Texas Local Government Code, is amended after January 1, 1994, or
any new legislation is thereafter enacted by the Legislature of the
State of Texas which imposes greater restrictions on the right of
City to annex land belonging to Company or imposes further
obligations on City in connection therewith after the annexation of
such land, Company will waive the right to require City to comply
with any such additional restrictions or obligations and the rights
of the parties shall be then determined in accordance with the
provisions of said Texas Municipal Annexation Act as the same
existed January 1, 1994.
v.
This Agreement may be extended for an additional period or periods
by agreement between City and Company and/or its assigns even
though it is not extended by agreement btatween City and all of the
owners of all land wi thin the District (If which it is a part.
VI.
A. In the event Company elects to protest the valuation for tax
purposes set on its said properties by City or by the Harris County
Appraisal District for any year or years during the terms hereof,
nothing in this Agreement shall preclude such protest and Company
shall have the right to take all legal steps desired by it to
reduce the same.
Notwithstanding such protest by Company, Company agrees to pay to
City on or before the date therefor herei.nabove provided, at least
the total of (a) the total amount of ad valorem taxes on the
annexed portions, ,:.plus (b) the total aluount 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
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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 firlal 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 wi th any appraisal made by the
independent appraiser selected by City pursuant to Article II above
(whiCh shall be given in writing to company), Company shall, within
twenty (20) days of receiving.such copy, give written notice to the
ci ty of such disagreement. In the event Company does not give such
written notice of disagreement within such time period, the
appraisal made by said independent appraiser shall be final and
controlling for purposes of the determination of "in lieu of taxes"
paYments to be made under this Agreement.
Should Company give such notice of disagreement, Company shall also
submit to the city with such notice a written statement setting
forth what Company believes to be the market value of Company's
hereinabove described property. Both parties agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement as to the market value of Company' s property for "in
lieu" purposes hereunder. If, after the expiration of thirty (30)
days from the date the notice of disagreement was received by City,
the parties have not reached agreement as to such market value, the
parties agree to submi t the dispute to final arbi tration as
provided in subparagraph 1 of this Article VI B. Notwithstanding
any such disagreement by Company, Company agrees to pay to City on
or before December 31 of each year during the term hereof, at least
the total of (a) the ad valorem taxes on the annexed portions, plus
.(b) the total amount of the "in lieu" payments which would be due
hereunder on the basis of Company's valuations rendered and/or
submitted to City by Company hereunder, or the total assessment and
"in lieu of taxes" thereon 'for the last preceding year, whichever
is higher.
1. A Board of Arbitrators shall be created composed of one
person named by Company, one by City, and a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parties will join in a written
request that the Chief Judge of the u.S. District Court
for the Southern District of Texas appoint the third
arbitrator who, (as the "Impartial Arbitrator") shall
preside over the arbitration proceeding. The sole issue
to be determined in the arbitration shall be resolution
of the difference between the parties as to the fair
market value of Company' s prope:rty 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
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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 Arbi tration Act (Chapter 171, "General
Arbitration", Texas civil Practice and Remedies Code).
Costs of the arbitration shall be shared equally by the
Company an~ the city, provided that each party shall bear
its own attorneys fees.
VII.
City shall be entitled to a tax lien on Company's above described
property, all improvements thereon, and all tangible personal
property thereon, in the event of default in payment of "in lieu of
taxes" payments hereunder, which shall accrue penalty and interest
in like manner as delinquent taxes, and which shall be collectible
by City in the same manner as provided by law for delinquent taxes.
VIII.
This Agreement shall inure to the benefit of and be binding upon
ci ty and Company, and upon Company' s successors and assigns,
affiliates and SUbsidiaries, and shall remain in force whether
Company sells, assigns, or in any other manner disposes of, either
voluntarily or by operation of law, all c)r 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 propert;y assigned and identity of
assignee, of any disposition of the Land, and assignment of this
Agreement.
IX.
If City enters into an Agreement with any other landowner with
respect to an industrial district or enters into a renewal of any
existing industrial district agreements after the effective date
hereof and while this Agreement is,in effect~ which contains terms
and provisions more favorable to the landowner than those in this
Agreement, Company and its assigns shall have the right to amend
this Agreement and City agrees to amend same to embrace the more
favorable terms of such agreement or renewal agreement.
X.
The parties agree that this Agreement complies with existing laws
pertaining to the subject and that all terms, considerations and
conditions set forth herein are lawful, reasonable, appropriate,
and not unduly restrictive of Company's business activities.
without ~uch agreement neither party hereto would enter into this
Agreement. In th~ event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, articlE~s or other parts of this
Agreement or the application thereof to any person, firm,
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corporation or circumstances shall be held by any court of
competent jurisdiction to be invalid or unconstitutional for any
reason, then the application, invalidity or unconstitutionality of
such words" phrase, clause, sentence, paragraph, section, article
or other part of the Agreement shall be deemed to be independent of
and separable from the remainder of this Agreement and the validity
of the remaining parts of this Agreement shall not be affected
thereby.
XI.
Upon the commencement of the term of 'this Agreement, all other
previously existing industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of January, 2001.
PRAXIAR, INC.
By:
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\ me: JAMES S. SAWYER
itIE~: VICE PRESIDENT & TREASURER
AddrE~ss: 39 OLD RIDGEBURY ROAD
DANBURY. CT. 06RIO-'l111
(COMPANY)
ATTEST:
~~ t(. J4JJi(
C1 Y secretary
r-lTY (
By: '&
, NormCln L. Malone
Mayor
~
w. Askins
Attorney
of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
By:
Q~~ \' t-\~
Robert T. Herrera
City Manager
CITY OF LA PORTE
P.O. Box 1115
La Porte, TX 77572-1115
Phone: (281) 471-1886
Fax: (281) 471~2047
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"EXHIBIT A"
(Metes and Bounds Description of Land)
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57.580 acres, of land situated in Harris O:::u1ty, Texas, being a porti~1O:of';!~":': .
Lot 'l'Nelve (1.2) of a subdivisioo of the F.A. Staashen Ti"act, plat re:xjrded
in VolUTe 1, at Page 22 of the Map ~rds, of Harris County, Texas and, ~ ' ,
of the Enoch BrinSon SUIvey, Abstract No.5, said 57.580 acres of land / '. ::., ,
being.,ncre ~cu1arly described by metes and boundS as follCMS: '. ';,~<':': '.
Premises
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SCHEDULE A
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BEX;INNIN:; at' a 5/8" ira1 red set for the intersectioo of the West line of
Strang lOad ('lhirteenth Street), based en 60 foot width" with the North
line of State Highway 225 and being the nost Northerly co~er of that " .
certain tract Qf land described in' Deed fran Elizabeth Cockburn Deaver ~"'"
to the State of Texas recordErl in Volune 6179, Page 148 of the Deed Fecords
of Harris Cbunty, ~; .
~, S 220 54' 02" W, 130.73 feet along the North line of, State HigtIway: .
225 to a concrete highway nonunent found for corner;, ~' , '
'1HE1a, S 440 l3' 10" W, 40.00 feet along thE! North line of State Highway;,:'
225 to.a concrete highway nonunent found for a point of curvature; ,'. ,.'.t
'.IlIEN::E in a Southwesterly direction aloog a curve to the right, having a :
central angle of 300 00' 00" and a radius of 309.71 feet, an arc distance '
of 162.l6 feet to a concrete highway nonurrent: found for a point of tangency;
wrnc:E, S 740 13' 10" W, 158.22 feet along the North line of State Highway
225 to a concrete highway Ira1urrent (broken) found for a point of curvature;'
THENCE in a Westerly directioo aloog a curve to the right, having a",
central angle 'of l8030'. 00" and a ~adius of 2291.83 feet, an arc distance'
of 740.00 feet to a CO'lcrete highway rra1urrent, found for a point of tangency;
'!HENCE, N '8:';0 ~l6' 50" W, 279.00 feet along the North line of State Highway
225 to a 5/8" . iron roC set 'for comer in the East line of that certain
"Sec~" ,tract described in Deed fran Grace Bausch to the United States
of }nerica recordErl irl VolUTe "1298, at Page 147 of the Deed Records of .
Harris COunty, Texas, fran \twhich'5/8" iran rod a found concrete higl'rway
m:nunent (broken) bears .West, 0.4 feet, and a found concrete highway
m:nment bears S 740 ~4' W, 51.7 feet;
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~, N 030 00' 28" .W, 1804.86 feet to a 5/8" iron rod. set for the ,,'
Northeast comer of that oerta.in "First" tract to the United States of.,".".
hrerica described .in heretofore mentianErl Deed, recordErl in Volune 129~;" .:',
at Page. 147, fran which set 5/8" ircn rod a fc:)Und 5/8" iron rod for the ' " ,
R:>rthNest cx>rner of said "First" tract bears S 860 56' 18" W, 50.0 feet; '~""
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1mN:E, N 860 56,' 18" E, 1394.70 feet aloog th~ North line of lot 12 't.C?~i~:'
,:..~ ,. ...~)~ ~~et forcorner_,~,the ~t lin,;e,Of S~!bad ~-Jt~
. " .;'.':::'''u'f:~'''..:.-
~': '5 0~'O,':02': 34~"E, ~~34.jO:::feet~"~J~g. t}~..Wes:t-li.J:1e..of Strang~~~~:~,~
;},Ffb~';, .,{'lh1rtee.'lth.Street),to~-,.the ,POnrr.:qF,:'Be.;?~.:~.,~tain1ng 5~.580;:~,' ..~;'~",
'Of' .i.and~ ~-,. '..- '. " " .'-~. ... ,.~.,. ,... ~ . ,"-'-"" '. . ...~;.., ,.:::
."." ~', :': LES:S~AND'-~'EXCE'PT '.the~:"pZ::,em.i:se.s _1co,n.v.e.y:~d'~,Y.,i..G.p_ap.to,J;', to 1.!n~op~.:
~'i~~).,;;;.~,,; .:.:::r-..' I:'".ii:..i.,....'..'....t.;'1fC;;;1.ii;~S'-:;~.;~,'!:~> ":"?'::~jC' ~~.;':.!I':.,;.~~~~i.Jy<.';;:D.' ~~e~e~d"rd a' ~Ft'~e d'f:{S' :'e""'p""t~er m' be"' r 3' ,1'9
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"EXHIBIT B"
(Attach Plat reflecting the ownership boundary lines; a
site layout, showing all improvements, including
pipelines and railroads, and also showing areas of the
Land previously annexed by the City of La Porte.)
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"EXHIBIT C"
paqe 1 of 2
RULES AND REGULATIONS
Any portion of Land constituting a strip of land 100' ~ide and
contiguous to either Fairmont Parkway, S.tate Highway 225, or state
Highway 146 shall be subject to the following rules and regulations
pertaining to new signage, screening, driveways and median
crossovers. These rules and regulations shall apply after the
effective date 'of this Agreement when Company develops or
constructs improvements on vacant Land described in Exhibit "A"
which is adjacent to Fairmont Parkway, state Highway 225, or state
Highway 146.
1. Any sign erected in said 100' strip of land shall be subject
to the following provisions:
. One freestanding identification sign shall be permitted
for each side of an industrial establishment that fronts
on an improved public right-of-way.
. Freestanding identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding identificati.on sign for identifying
multiple businesses is allowable at the intersection of
improved public rights-of-way.
. Freestanding identification sigrns for multiple businesses
shall not exceed 350 square feet.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said 100' strip is developed, the
initial 50' of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a) Leaving in place existing trees:, vegetation, underbrush,
etc. to provide a thorough and E~ffecti ve visual screening
of the development. Existing t~rees shall, together with
other vegetation and underbrllsh, create a continuous
visual screen.
.:"
b) The use of earthen berms with approximately 3: 1 side
slopes, 50' wide at the base and S' high. The berms may
be landscaped with a combinati.on of trees, shrubs, and
ground cover. All berms and landscaping will be
maintained by the property owners.
.e
.
"EXHIBIT C"
Page 2 of 2
c) A screening plan, to be approved by the City, that
includes a combination of tree I; , shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual screen. Provided, however, in
public utility easements or rights-of-way, the vegetation
shall be installed and maintained in a manner which is
acceptable to the public utility company, and does not
interfere with the operation and maintenance of the
public utility facilities.
For items band c above, the actual length of required
screening along the roadway will be equal to the length of the
new development that is parallel to the roadway. Screening
shall not be required ,for new development that is to the rear
of or behind existing facilities.
In all cases the 50' strip, along the entire roadway frontage,
shall be dedicated as a landscape easement and shall be kept
free from any improvements except for approved driveway access
and identification signs.
For cases of new development or improvements where a 50 '
landscape easement is not available or practical, Company
shall meet with City to determim~ a suitable landscaping
alternative.
3. Driveways opening from said strip of land onto State Highway
225 or state Highway 146 shall be subject to the rules and
regulations of the Texas Department of Transportation and
provisions of the City's Code of Ordinances, whichever is more
restrictive.
Driveways opening from said strip of land onto Fairmont
Parkway shall be subject to the rules and regulations of
Harris County and provisions of the City's Code of Ordinances,
whichever is more restrictive.
4. Driveways opening from said strip of land onto Fairmont
Parkway shall be approved by the City and may require the
installation of separate acceleration/deceleration lanes.
5. Installation of a median crossover on Fairmont Parkway shall
be subject to the approval of both Harris County and City.
e,
.
City of La Porte
Established 1892
April 24, 2000
Praxair, mc.
Attn: Donald C. McLean
Manager, Property Tax
39 Old Ridgebury Road
Danbury, CT 06810-5113
Dear Mr. Mclean:
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Two execu~ originals of the Industrial, District Agreement (IDA) were received from you on
April 20, 2000. While reviewing the documents f9r completeness, we noticed the 2 sets of the
metes and bopnds legal description was titled "Schedule A." With your concurrence we will
re-title this "Schedule A" as Exhibit" A."
Also, your firm did not title the two sets of the site layout as Exhibit "B". With your
concurrence we will ,title this site layout as Exhibit "B". .
Please indicate your acknowledgement and agreement by signing and returning this letter.
Once these matters are resolved we will present these documents to City Council for approval
and we will return an original Set to. you. If you have any questions or concerns regarding this
matter call 10hn loems at (28i) 4.tl~S020. ,
Thank you for your cooperation in this matter.
Sincerely,
6<~ T~
Robert T. 'Herrera
City Manager
Re-tide Schedule "A" as ExIn"bit "A"
Title site layout as Exhibit "B"
Yes
o
o
No
o
o
(Company)
By:
N~e:
Tide:
Address:
, P.O. 'Box 1115 · La Porte, Texas 77572-1115 · (281) 471:'5020
!!!iff!l1{fJ~nf2 e '
Apraxair, Inc.
.39 Old Ridgebury Road
ffibu ffi @ ffi 0 wf1l w~
ln1 1120 2DOO ~
Apr
ASST. CITY MANAGER
..,... OFFICE
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Attn. Mr. Robert Herrera, City Manager
Dear Mr. Herrera,
Enclosed please find two signed copies each, of the new Industrial District
Agreement to commence on January 1, 2001, for Praxair, Inc, and UCISCO, Inc.
Upon approval by the City Council, please furnish a copy of the City's approval
ordinance and executed ag~eements.
If I can be of any assistance, please feel free to call me at (203) - 837 - 2219.
Very truly yours, .//
~ A J1 ~>nt!L:
~'L.~
Donald C. McLean
Manager, Property Tax
Making Our Planet More Productive
!!!fJ~{fJmtiJ}JLijom e
.ir, IDe.
3_ Ridgebury Road
lr:~~~ lilll
\ L I
t ASST. CITY MANAGER !
I OFFICE J
I
May 1, 2000
Mr. Robert T. Herrera, City Manager
City of La Porte
PO Box 1115
La Porte, TX 77572-1115
Re: IDA Series (2001-2007)
De,ar Mr. Herrera,
Enclosed please find the signed letter acknowledging and accepting the outlined
changes to the subject agreements. I apologize for any inconvenience this may
have caused.
Thank you for your cooperation in this matter. If you have any questions, please
contact me at (203) - 837 - 2219.
Very truly yours,
~1~de//}
/" Donald C. McLean
Manager, Property Tax
~(M: ~48 : E Wi:
C'TYMAN~
OFFICE
Making Our Planet More Productive
e
.
City of La P9rte
Established 1892
April 24, 2000
Praxair, Inc.
Attn: Donald C. McLean
Manager, Property Tax
39 Old Ridgebury Road
Danbuij;CT 06810-5113
Dear Mr. McLean:
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Two executed originals of the Industrial District Agreement (IDA) were received from you on
April 20, 2000. While reviewing the documents f9r completeness,. we noticed the 2 sets of the
metes and bounds legal description was titled "Schedule A." With your concurrence we will
re-title this "Schedule A" as Exhibit" A."
, Also, your firm did not title the two sets of the site layout as Exhibit "B". With your
concurrence we will title this site layout as Exhibit "B".: .... . .,'
" f'. 0'> .....
Please indicate your acknowledgement and agreement by si.gning and returning this letter.
Once these matters are resolved we will present these 'documents to City Council for approval
and we will return an original set to you. If you have any questions or concerns regarding this
matter call John Joerns at (281) 471-5020.
Thank you for your cooperation in, this matter.
Sincerely,
6<~ T~
Robert T. Herrera
City Manager
~ No
Re-title Schedule "A" as Exhibit "A" ~ D
Title'site layout as Exhibit "B" Ik1 D
., .. ~Jme/
By: . ~~"A- ,-
Name: "::?;b"""4L L> C #eA"E' A~
Title: A1C?,A. ~~, Io-y' .
Address: ' of ~ c c of '1'C'e-t;,..e~~ laP
~,..6..J 4j'; t!. r- t:?1I' ~/Q
P.O, Box 1115 · La Porte, Texas 77572-1115 · (281) 471~5020
.,~ ~ ;.:.>' ,. ~
!"." .1 .....
.
April 24, 2000
Praxair, Inc.
Attn: Donald .C. Mclean
Manager, Property Tax
39 Old Ridgebury Road
Danbury, CT 06810-5113
Dear Mr. Mclean:
c:
,City of La Porte
Established 1892 '
,
'""-
Re: Industrial District Agreement (IDA) (Series 2001-2007)
Two executed originals of the Industrial District Agreement (IDA) were received from you on
April 20, 2000. While reviewing the documents f9r completeness, we noticed the 2 sets of the
metes and bounds legal description was titled "Schedule A." With your concurrence we will
te-title this "Schedule A" as Exhibit "A."
Also, your fIrm did not title the two sets of the site layout ns Exhibit "B". With your
concurrence we will title this site layout as Exhibit "B".
Please indicate your acknowledgement and agreement by signing and returning'this letter.
Once these matters are resolved we will present these'documents to City Council for approval
and we will return an original Set to you. If you have any questions or concerns ~garding this
matter call John Joorns at (281) 471-5020.
Thank: you for your cooperation in this matter.
Sincerely,
6?~ T ~~
Robert T. -Herrera
City Manager
Re-title Schedule "A" as Exhibit "A"
Title site biyout as Exhibit "B"
Yes
o
o
;6
No
o
D
(Company)
By:'
N~e:
Title:
Address:
, P.O. 'Box 1115 · La Porte, Texas 77572-1115 . (281) 471~5020
-~