HomeMy WebLinkAbout2000-IDA-56
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ORDINANCE NO. 2000-IDA-56
AN ORDINANCE AUTHORIZING THE EXECUTION BY THE CITY OF LA PORTE OF
AN INDUSTRIAL DISTRICT AGREEMENT WITH .AIR LIQUIDE AMERICA
CORPORATION, FOR THE TERM COMMENCING JAljUARY 1, 2001, AND ENDING
DECEMBER 31, 2007; MAKING VARIOUS FINDINC:;S AND PROVISIONS RELATING
TO THE SUBJECT; FINDING COMPLIANCE WITH ~~HE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. AIR LIQUIDE AMERICA CORPORATION has executed an
industrial district agreement with the City of La Porte, for the
term commencing January 1, 2001, and ending December 31, 2007, a
copy of which is attached hereto, incorporated by reference herein,
and made a part hereof for all purposes. ';~;'.._
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section 2. The Mayor, the City Manager, the City Secretary, l
and the City Attorney of the City of Let 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 offi<::ially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subj ect 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 prtaceding this meeting, as
required by.. the Open Meetings Law, Chap.ter 551, Texas Government
Code; and that this ~eeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 4. This Ordinance shall be effl~cti ve from and after its
passage and approval, and it is so ordered.
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PASSED AND APPROVED, this 26th day of F~bruary, 2001.
By:
ATTEST:
(;/!J~/f1'nq~t/1AJ/.W
City Secretary
CITY OF LA PORTE
c4~~
Norman L. alone,
Mayor
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NO. 2000-:IDA-~ {
{
STATE OF TEXAS {
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COUNTY OF HARRIS {
l:NDtJSTRIAL DISTIUCT AGR:BEKEIrr
This AGREEMENT ~ade and entered into by and between the CITY
OF LA PORTE, TEXAS, a municipal corporation of Harris county,
. l' 'd A '
Texas, hereinafter called "CITY", ,and An" "lul e m~ rlt!.tJ
Corp,o IHlno h , a D.QIOIIAJOk-e.- corporation, hereinafter
called "COMPANY",
WIT N E SSE T H:
WHEREAS, it is the established poli~y of the city Council of
the Cit.y of La porte, Texas, to adopt such reasonable measures from
time to time as are permitted by law and which wi,ll tend to enhance
the economic stability and growth of the city and its environs by
attractinq the location of new and the~ expansion of existing
industries therein, and such policy is hereby reaffirmed and
adopted by this city council as bei~g in the best interest of the
city and its citizens; and '
WHEREAS, pursuant to its policy, City has enacted Ordinance
~o. 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",
p.ereinafter collectively called !rpistrictll, such Ordinances being
in compliance with the Municipal Annexatic)n Act of Texas, codified
as Section '42.044, Texas Local Government, Code; and
WHER~S, 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 ~xhibit urAn (hereinafter ULandtl) i
and said Land being more particularly shown on a plat attached as
Exhibit liB", which plat descr:J.bes the .owr.lership boundary lines; a
site layout, sho,"?ing all impt'Qvements, including pipelines and
railroads, and also showing areas of the Lana 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 :~aid city and recorded in
the official minutes of said City:
NOW, T~EREFORE, in consideration C)f the p~emises and the
mutual a9ree~ents 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 ot~er as follows:
FXHAL DRAFT: February 24, 2000
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city covenants, agrees and guarantees th2Lt during the term of this
Agreement, provided below, and subject tel the terms and provisions
of ,t.his Agreement, said District. shall conti~1Ue 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 port.ion or
portions thereof, as an industrial distri<:t may be chang-ed pursuant
to the terms of this Agreement. Subject. to the foregoing and to
the later provisions of t.his 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 bave extended to it any
services by city, and that all Land, incllJding that which has been
heretofore annexed, shall not have extended to it by orqinance any
rules and re9U~ations (a), governing plats and s~bdivisions of land,
(b) prescribing any building, electrical, plumbing or inspection
code or cOdes, or (c) attempting to exercise in any manner whatever
control over the conduct of business thereon; provided, however,
any portion of Land constituting a strip of land lOa' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Highway 146, shall be subject to the rules and regulations attached
hereto as Exhibit "C" and made a part ,hereof i and provided,
however, it is agreed that City shall have the right to inst.itute
or intervene in' any administrative arid/or jUdicial proceeding-
authorized by the Texas Water Code, the Texas Clean Air Act, the
Texas Health & Safety Code, or other federcll or state environmental
laws, rules or regulations, to the same extent and to the same
intent and effect i;lS if all Land covered b~r ~his Agreement. were not
subject to the Agreement.
II.
In the event that any portion of the Lund has heretofore been
annexed by city, Company agrees to render and pay full City ad
valorem taxes on such annexed Lana and improvements, ana tangible
personal propert.y. '
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 propert~y 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 propert.y in the unannexed area
,for 'the purpose of computing the "in liE!u" payments hereunder.
Therefore, the parties agree that the clppraisal of the Land,
i.mprovements, and tangible personal propert.y in the un annexed area
shall be conducted by City, at. city's expense, by an independent.
appraiser of City's selection. The par'ties recognize that. in
making such appraisal for "in lieu" payment pqrposes, such
appraiser must of necessity appraise the entire (annexed ana
unannexed) Land, improvements, and tangible personal property.
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Nothing herein contained shall ev~r be intE!rpreted as lesseninq the
authority of the Ha~ris County Appraisal District to establish the
appraised value of Land, improvements, and tangible personal
property in the annexed portion, for ad valorem ta~ 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 shal~ provide City with a written description of its Land
and all improvemen~s and tangible personal property located on the
Land as of the immediately preceding Jclnuat'y 1st, stating its
opinion of the Property's ma,rket value, clnd being sworn. to by an
authorized officer of the Company authorized to do so, or Company's
duly authorized agent, (the company's "RE!nditionn). company may
file such Rendition on a Harris county App:J:~aisal District rendition
form, or similar form. The properties. which the Company must
render and. -qpon which the lIin lieu ofn taxes are assessed are Jnore
fully described in subsections 1, 2, and 3 of subsection p, of this
Paragraph III (sollletimes collectively c::alled the npropertyl');
provideq, however, pollution control equipment installed on the
Land which is exempt from ad valorem t;:i.xation pursuant to the
provisions of Sec. 11.31 of the Texas Pro:perty Tax Code is exempt
from ad valorem taxation and' "in lieu of taxes" hereunder. A
failure by Company to file a Rendition ,as provided for in this
paragraph, shall constitute a waiver by Company for the current tax
year, of all rights of protest and appeal under the terms of this
Agreement.
B. As part of its rendition, company shall furnish to city a
wr i tten report of the names and addresses of all persons and
entities who store any tangible personal property on the Lan~ by
bailment, lease, consignment, or other arrangement with Company
("products in storage"), and are in the possession or under the
~anagement of Company on January 1st of l!ach Value Year, further
qiving a description of' such products in storage.
I
C. ,On or before the'late~ of December 31, 2001, or 30 days from
mailing of tax bill and in like manner on or before eaCh December
3~st thereafte~, through and inclUding December 31, 2007, Company
shall pay to City an amount Itin 'lieu of taxes" on Compa,ny's
Property as of January 1st of the current calendar year ("Value
Year") .
O. company agrees to render to City and :pay an amount "in lieu of
t'axes" on Company I s Land, lJllprovements and tanqible personal
property in the unannexed area equal to the sum of:
. 1. Fifty-three percent (53t) 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 sucparagraph 2, below), had
been within the corporate limits of City and appraised
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each year ~y Cityis independent appraiser, in accordance
with the applicable provisions of the Texas Property Tax
Code; and
2. (a) On any substantial Increase in value of the Land,
improvements, and tang ibIe personal property
(excl~dinq inventory) dedicated to new
construction, in excess o:f the appraised value of
same on January 1, 2000, resulting from new
construction (exclusive of construction in
progre~s, 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 amo'Llnt of ad valorem taxes
which would be payable to City if all of said ~ew
.construction had been within the corporate limits
of 'city and appraised by City.s independent
appraiser, in accordancta with the applicable
provisions of the Texas Pl"Operty Tax Code.
A Substantial Increase in value of the Land,
improvements, and tangi.ble personal property
(excluding inventory) as used in subparagraph 2(a)
above, is defined as an increase in value that is
the lesser of either:
(b)
i. at' least Five percent (5%) of the total
appraised value of Land and improvements, on
January 1, 2000; or
i1. a cumulative value of at least $3,500,000.00.
For the purposes ot this Agreement, multiple
projects that are completed in a Value ~ear can be
cumulated to arrive at the amount for the increase
in value.
(e) If existinq Property values have depreciated below
the Property val~e established on January 1, 2000,
an amo~nt equal to the am,ount of the depreciat.ion
will be rem.oved 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
ta~es which would be payable to City on all of the
Company.s tangible personal property of every
description, located in an indu.strial district of cit.y,
including, without limitation, inventory, oil, gas, and
mineral interests, items of lea~;ea. equipment, railroads,
pipelines, and products in' stor'age located on the Land,
if all of said tangible persona.l property which existed
on January 1, 2001, and each January 1 thereafter of the
applicable Value Year during thl~ term of this Agreement,
had been within the corporate limits of city and
appraised each year by the City II S independent appraiser,
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in accordance with the applicable provisions of the Texas
Property Tax Code.
with the sum of 1, 2 and 3 reduced by '~he amount of city's ad
valorem taxes on the annexed portion thereof as determined by
appraisal by the Harris county ~ppraisal District.,
IV.
This ~greement shall extend for a period :beginninq on the 1st day
of January, 2001, and continuing thereafter until December 3:J.,
2007, unless extended for an additional p,eriod 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 additic)nal period or periods of
time on or before August 31, 2007, the a,greement of city not to
annex property C?~ company within the Distl'ict shall terminate. In
that event, City shall have the right to commence immediate
annexation proceedings as to all of compa:ny' s property covered by
t~is 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 a:fter January 1, 1994, or
any new legislation is thereafter enacted by the Legis,lature of the
state of Texas which imposes greater rest:r-ictions on the right of
ci ty to annex land belonging to COmpi2lny or imposes further
obligations on city in connection therewith after the annexation of
such land, company'will waive the ~ight 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 sallie
existed January 1, 1994.
V.
This Agreement may be extended for an additional period or periods
by agreement between ci ty and Co~pany and/or its ass iqns even
though it is not extended by., agreement bet,ween 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 leqa1 steps desired by it to
reduce the same.
Notwithstanding sqch protest by company, company aqrees to pay to
City on or before the date therefor hereinabove provided, at least
the total of (a) the total amount of ad valorein taxes on the
annexed portions, 'plus (b) the total amc)unt of the "in lieu of
taxes" on the unannexed portions of Compan~" s hereinabove described
property which would be due to City :Ln accordance wi th the
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foregoing provisions of this Agreement on the basis of renditions
whicb shall be file~ by company.
When the city or Harris county Appraisal District (as the case may
be) valu~tion on said property'of Company has been so finally
determined, either as the result of final judgment of a court of
competent jurisd,iction or as the result IJf other final conclusion
of the' controversy, , then wi thin thirty (3 Cl) 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
in4ependent appraiser selected by city pursuant to Article II above
(whiCh shall be qiven in writing to company), Company shall, within
twenty (20) days of receiving such copy, c;;rive written notice to the
Ci ty of such disagreement. In the event Company does not qi ve such
written notice of disagreement within such ti1l1e period, the
appraisal, made by' said independent appri:liser sh~ll 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 0; disagreement, Company shall also
submit to the c;i.ty with such notice a w'ritten stat.ement settinq
forth what company believes to be the market value of Company's
'herein~bove described property. Both part.ies agree to thereupon
enter into good faith negotiations in an attempt to reach an
agreement ,as to the market value of COInp~ny I S property for "in
lieu" purposes hereunder. If, after the ,!xplration of thirty (30)
days f~om the date the notice of disagreement was received by city,
the parties have not reached agreement as to such market va~ue, the
parties agree to submit the dispute 1:0 final arbitr~tion as
.provided in subparagraph 1 of this Article VI B. Notwiths~anding
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
(p) the total amount of the "in l~eull pa~nnents which would be q.ue
hereunq.er on the basis of Company I s valuations rendered and/or
submitted to city by company hereunder, 01' the total assessment and
nin lieu of taxes" 'thereon for the last I)recedinq year, Whichever
is higher.
1. A Board of ~rbitrators shall bEl created co~posed of one
pers9n named by Company, one b~' city, and' a third to be
named by those two. In case of no agreement on this
arbitrator in 10 days, the parti.es 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 nImpa:l:'tial Arbitratortl) shall
preside over the arbitration proceeding. ~he sole issue
to be determined in the arbitration shall be resolution
of th~ difference between the parties as to the fair
market value of Company IS propez'ty for calculation of the
"in lieu." payment and total pclyment 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 ~po~ the parties, subject only to
jUdicial review as may be available u~der the Texas
General Arbitration Act (Chapter 171, "General
Arbitration", Texas civil Prac::tice and Remedies Code).
Costs of the ar~itration shall be shared equally py the
Company and the city, provided that each party shall beaX"'
its own attorneys fees.
VII.
city shall be entitled to a tax lien on Company'~ 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, ~hich 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 benefi,t of and be binding upon
city and Company, and upon Company's SUccessors and assigns,
affiliates and subsidiaries, and shall remain in force whether
Comp~ny sells, assiqns, 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 t~rritory herei.nabove 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 llotice 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 Aqreelllent. with cLnY other landowner wi~h
respect to an industrial district or entEirs into a renewal of any
existing industrial dist+ict agreements after the effective date
hereof and while this Agreement is in effect, which contains terms
and provisions ~ore favorable to the landowner than those in' this
Agreement, Company and its assigns shall have the riqht to amend
this Aq~eemen~ and City agrees to amend l$ame to embrace the more
favorable terms of such agreement or renewal agreement.
x.
The parties agree that this Agreement complies with existinq laws
pertaining to the subject and that all tl~rms, considerations and
conditions set forth herein are lawful, :['easonable, appropriate,
and not. unduly restrictive of Company"s business activities.
Without such agreement neither party here'to would enter into this
Agreement. In the'. event anyone or more words, phrases, clauses,
sentences, paragraphs, sections, artioles 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 lJ.nconstl tutional for any
reason, then the application, invalidity clr unconstitutionality of
such words, phrase, cl~use, sentence, paraqraph, section, article
or other part of the Agreement shall be dee~ed to be independent of
and separable froM the remainder of this A~Jreement and the validity
of t~e remaining parts of this Aqreemen't shall not be affected
the;oeby.
XI.
Upon the commencement of the term 'of this Agreement, all other
previously existinq industrial district agreements with respect to
said Land shall terminate.
ENTERED INTO effective the 1st day of Janu~ry, 2001.
,
Ihh~~k
By: ~~
Name:':"" r.
Title:. -fen/hll'- 74.y ~el'\.1-
AddreS!3: P.().iAo'Y..~IJO/~' .
, JlDi4.< t&J,^ , Tx 770~" -3'/4'1
ATTEST:
1Jlt1Uil~ d. JI~
J.t secretary
By:
/7~
Norman L. ~ne
Mayor
By:
G~^* \1 \~
Robert T. Herrera
ci ty !1:anager
, CITY OF LA PORTE
P.O. BoX 1115
La Porte, TX 77572-1115
nox W. Askins
City Attorney
,c1 ty of La Porte
P.O. Box 1218
La Porte, TX 77572-1218
Phone: (281) 471-1886
Fax: (281) 471-~047
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"EXHIBIT A"
(Metes and Bounds Descriptil:)n Qf Land)
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METES AND BOUNDS
22.957 acres of land, located in the Richard Pearsall 1/3 League, Abstract 625,
Harris County, Texas, said 22.9757 acres being part of the 154.145 acre tract
sold to Big Three Industries, Inc. by General Warranty Deed, dated February 15,
1973', recorded in File No. D806510, Film Code No. 157-29-0284, Official Public
Records, Harris' County, Texas, and being more particularly described by' ,metes
and bounds as follows:
.~ BEGINNING at a 5/8 inch iron rod found for the Northwest corner of the herein
described tract in the East line of Exxon pipeline corridor No. 520, being
located South 00 deg. 46 min. 11 sec. East a distance of 472.02 feet from a
copperwald found at the intersection of the East line of Exxon corridor with
the South line of, Fairmont Parkway; ,
THENCE North 86 deg. 52 min. 45 sec. East a distance of 594.0 feet to a 5/8
inch iron rod found for the Northeast corner of the herein described tract;
THENCE South 00 deg. 46 min. 11 sec. East a' distance of 1687.75 feet to a 5/8
inch iron rod set for the Southeast corner of he,rein described tract in the
North line of. H. L. & P. Co. 120 foot wide right.-of-way;
THENCE South 87'deg. 25 min. 15 sec. West along and with the north line of H. L.
& P. Co. right-of-way, a distance of 593.80 feet to a copperweld found for the
Southwest corner of the herein described tract i.n the East line of Exxon
corridor No. 520;' .
THENCE North 00 deg. 46 min. 11 sec. West along and with the East line of said
Exxon corridor, a distance of 1682.13 feet to the PLACE OF BEGINNING and
containing 22.957 acres of land (1,000,011.41 square feet).,
"'-~-L"~~
Te~,. Ouellette'
Registered Public Surveyor
Date: December 12, 1988
No. 4589
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"EXHIBi'l' B"
(Attach Plat reflecting the ownership bcu~dary lines; a
site layout, showin.g all impro'\I'ements, includ.ing
pipelines and railroads, and also showing areas of the
Land previously annexed by the city of La Porte.)
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"BXHIBIT e"
Page 1 of 2
. RULIS A!ID REGULATIC)BS
Any portion of Land constitutinq a strip of land 100' wide and
contiguous to either Fairmont Parkway, state Highway 225, or state
Hlqhway 146 shall be subject to the fOllowinq rules and regulations
pertaining to new signaqe, screening, driveways and median
crossovers. These rules and regulation.s shall apply after the
effective date of this Agreement WhE!n Company develops or
constructs improvements on vacant Land liescr ibed. in Exhibit.. A"
which is adj~cent 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 identificatioIl sign shall be permitted
for each side of an inqustrial E!stablishment that fronts
on an improved public right-of-.way.
. ~reestandin9 identification signs for single tenant
buildings shall not exceed 150 square feet in area.
. One freestanding ide~tificaticm sign for identifying'
multiple businesses is allowabl.e at the intersect.ion of
improved public rights-of-way.
. Freestanding identific~tion SigllS for multiple businesses
shall not exceed J5D square fee.t.
. Freestanding identification signs shall not exceed 45
feet in height.
. Minimum setback for sign construction shall be ten (10)
feet from property lines.
2. When Land adjacent to said' 100' strip is developed, the
initial 50. of said strip beyond any existing pipeline
easement contiguous to either Fairmont Parkway, state Highway
225, or state Highway 146 shall be screened by one of the
following techniques:
a)
Leaving in place existing trees, vegetation, underbrush,
etc. to provide a thorough and effective visual screening
of the development. Existing tJ:~ees shall, together with
other vegetation and underbrue~h, create a continuous
visual screen.
b)
. ,
The use of earthen berms with approximately J: 1 side
slopes, 50' wide at the base and 8 I high. The berms may
be landscaped with a combinaticm of trees, shrubs, and
ground cover. All' berms and landscaping will be
maintained by the property owners.
FEB-02-2001 FRI 03:56 PM
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FAX NO.
~~
P. 13
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paCJ8 2 af 2
c) A screening plan, to be apprc)ved by the city, that
includes a combination of trees, shrubs, and ground cover
that after 5 years growth will be at least 20 feet in
height and shall, together with shrubs and ground cover,
create a continuous visual scree:n. 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 pub~ic utili t:y . company, and does not
interfere wi th the operation and maintenance of the
public utility facilit~es.
For items band (: above, the act.ual length of required
screening along the roadway will be e'qual to the length ot the
new development that is parallel to the roadway. Screening
shall not be required for new develoE)ment 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 iJuprovements where a 50 I
landscape easement is not availabll:! or practic~l, Company
shall meet with City to determine a suitable landscaping
alternative.
3. Driveways openinq from said strip of 1and onto state Highway
225 or ::;tate Highway 146 shall be 5iubject to the rules ana
,regulations of the Texas DepartIl1en't of Transportation and
provisions of the city's Code of Ordinances, whichever is more
restrictive.
Driveways opening from s'aid strip of land olito Fairmont
Parkway shall be subj ect to the rules and regulations of
'Harris County and provisions of the city's Code of Ordinances,
whichever is more restrictive.
4. Dr~veways 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'bot.h Harris county and city.
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j" JAN 12 '00 12:40PM ALAC PIPELINE CONSTRUCTION
. .1'~-8)1 ,tt. , h1> . c, e-t.J
'IF"'S ~~~.. ~n;alD~~l~ I' pi> t '~~'- '1-" YO'> YI'-' ,.,t(,1I"
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1ELIlCOP!ER "l1lAINSMrITA,J, l:;QVlll!. SlI&&I J' \. ~ lID.
PIPELINE DIVISIO~
(FAX 713/499-6046)
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NO. OF PAGES (INCLUDING COVER SHEET):
'1
DATE:
PLEASE OELIV8f{ TliE FOLLOWING PAGES TO:
NAME:
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PLEASE CALL CLA-RA WYATT A'r 713/499.6076 IF TRANSMISS10'N IS NOT COMPLETE
AIR L1QUIDE AMERICA CORPORATION · 2700 Poet Oak BlVd.. Houa\on. TX nose .
Mailing Address: P.O. Box 480229, Houston,rX 77056-8229
Phone: 713Aia4-8000
..
i ' JAN 12 '00 12:40PM ALAC PIPELINE CONSTRUCTION
a AIR LlQUIDE r
P.2/?
e
12 January 2000
Robert T. HeJTera
City Manager
City of LaPorte
604 W. Fainnont Patkway
LaPorte. TX 77S72
VIA F~ TO: 181~71-7168 - Ii'AGES: 6
Rc: Air Liquide's Proposed 4" Nitroge.n Pipeline Along Bay Area Blvd
Dear Mr. HCI'fCJ'a:
Air Liquide America Corporation proposes constnletiOD ofa 4" pipeline to provide pseolls
nitrogen service to Chusei USA, Inc. Attached find a map pC>rUon and Harris County appraisal
maps depictina Ait' Liquide's proposed route along Bay Area Boulevard. The proposed route
would: a) commence at Rohm "Haas, b) cross HL&P's 120" wide fee strip. c) cross City of
LaPorte's 80.9720 acre tract, c:) cross FMC's 44 acre tract, CI) tcnninate on Chusci's 17.244 acre
tract.
Specifically, Air Liquide requests from City of LaPorte: a) permit to install a pipeline within the
city limits of City ofLaPorfe. and b) 10' wide easement, paraUel to Bay Area Boulvard and
acljacent to HL&P's 10' wide utility easement, to inst3l1 a 4" nitrogen pipeline acrosoS City of
LaPorte.! 80.9120 acre tract,
Prior to submitting this fonnal request, Grady Miller, Air Licluide's project manager. and I, met
with Doug Kneupper, City Engineer. on 11 January 2000; Steve Gillett, Director of Public
Works, provided permission to survey via letter dated 30 No'vember 1999.
Please review and advise. Should you require addition infonnation. call me .t 713-499-6081 or
fax 713.803-7146.
Sincel'cly,
!JJ}-
Melvyn W. Douglass
Manager, Right of Way " Permits
Mclvyn,douelass@a.irliauide,com
AIR LIQUIDE AMERICA CORPORATfON - 2700 Poet Oak Blvd.. Houston, TX 771)56
Mailing Addreea: P,O, Bol( 480229. Hc)uston, TX 77056-8229
Phone: 713Aa24-8000
JAN 12 'BB 12:41PM ALAC PIPELINE CONSTRUCTION
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FNo. COPPERWElD
I Hereby Certify That The Above Shown Survey Was
Surveyed Under My Supervision in The Month of November
December. 1988. And This Plat is A True Compilation of
What Was Located On The Ground To The Best Of My
Knowledge.
Signed. this 12 th Day of December. 1988
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T~Y L. OUELLETTE
Registered Public Surveyor No. 4589
HYDfOGEN AND AIR SEPARATION PLANTS
PROPERTY SURVEY- 22.957 ACRES
LAPORTE. TEXAS
SCAL.E,I' I
: 60
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