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HomeMy WebLinkAboutPO5816: BUILDING MATERIALS MFG. ANNEXATIONinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~-j~,~,~,,~ ~~~G~'~,-~ Date: November 28, 2007 Subject: P. O. No. 5816; Council Meeting-December 11, 2007 Attached is P. O. No. 5816 annexing territory adjacent and contiguous to the City of Port Arthur pursuant to Chapter 43 Local Government Code, V.T.C.A., of Building Materials Manufacturing Corporation. MTS:gt Attachment cc: VIA FACSIMILE (973) 628-3786 Mr. Michael J. Maratea Real Estate Counsel BUILDING MATERIALS MANUFACTURING CORPORATION 1361 Alps Road Wayne, NJ 07470 Dale Watson, Director of Planning Mr. Glen Ebeling Assistant Vice President KANSAS CITY SOUTHERN P. O. Box 219335 Kansas City, MO 64121-9335 Mr. Danny White Area Manager South Jefferson County Area TEXAS GAS SERVICE COMPANY 4201 39th Street Port Arthur, TX 77642 Mr. Paul A. Scheurich Managing Counsel-Beaumont ENTERGY SERVICES, INC. P. O. Box 2951 Beaumont, TX 77704 z.po5816_memo cc: (continued) UNION PACIFIC RAILROAD 1400 Douglas Street Omaha, NE 68179 Mr. Eddie Cook Manager-Engineering AT&T SOUTHWEST 555 Main, Room 208 Beaumont, TX 77701 z.po5816 memo P. O. No. 5816 11/28/07 gt ORDINANCE NO. AN ORDINANCE ANNEXING TERRITORY ADJACENT AND CONTIGUOUS TO THE CITY OF PORT ARTHUR PURSUANT TO CHAPTER 43 LOCAL GOVERNMENT CODE, V.T.C.A., OF BUILDING MATERIALS CORPORATION (US INTEL) WHEREAS, the City required a service plan be prepared pursuant to Resolution No. 07-395; and WHEREAS, the proposed service plan is attached as Exhibit "A"; and WHEREAS, the City held public hearings on November 6, 2007 and November 20, 2007, pursuant to Resolution No. 07-395; and WHEREAS, the City Council deems it in the public interest to annex the land as described in Exhibit "B", attached hereto. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. true and correct. Section 2. That the facts and opinions in the preamble are That the service plan attached hereto as Exhibit "A" is herein approved and adopted. Section 3. That the territory, described in Exhibit "B", is hereby annexed and shall henceforth be a part of the City of Port Arthur for all purposes and shall be subject to all the laws, rules, regulations, and ordinances of the City. Section 4. That the territory shall become a part of Council District No. 4. z.po5816 Section 5. That should any part of this Ordinance be declared invalid by a Court of Competent Jurisdiction, it shall not affect or vary the remaining parts of this Ordinance. Section 6. That this Ordinance shall take effect on December 31, 2007 at 11:59 p.m. Section 7. That the City Attorney shall notify the Justice Department of the annexation. Section 8. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of , A.D., 2007, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council , NOES: DELORIS "BOBBIE" PRINCE, MAYOR ATTEST: EVANGELINE GREEN, CITY SECRETARY APPROVED AS TO FORM: {~r "'"- " 1. c'J~2i` ~'~.".'` "~ MARK T. SOKOLOW, CITY ATTORNEY z.po5816 APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER z.po5816 EXHIBIT "A" PROPOSED SERVICE PLAN BUILDING MATERIALS CORPORATION (US INTEC) I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 372.013 of the Local Government Code. II. TERM This plan shall be in effect for a term often (10) years commencing on the effective date of annexation of the tract. Renewal of this plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council, that refers to this plan and specifically renews this plan for a stated period of time. III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Early Action Program and (2) Capital Improvement Program. B. Scope and Quality of Services. Services under this plan shall equal or exceed the number of services or level of services in existence in the tract prior to annexation. However, it is not the intent of this plan to require that a uniform level of services be provided to all areas of the City (including the tract) where differing characteristics of topography, land utilization and population density are considered as a sufficient basis for providing different levels of service. C. Definitions. 1. As used in this plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities, other public service organizations to provide such services, in whole or in part. 2. As used in this plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at a time that a service is requested or at a time that the service is made available or provided. The policies or procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid and may include eligibility requirements and similar provisions. D. Early Action Programs 1. Statutory Services. The statutory services will be provided within sixty (60) days after the effective date of this plan, except as otherwise indicated. a. Police Protection. The Police Department of the City will provide protection and law enforcement in the tract. These activities will include normal patrols and responses and the handling of complaints and incident reports. b. Fire Protection. The Fire Department of the City will provide fire protection in the tract. c. Solid Waste Collection. No residential collection services are anticipated, inasmuch as the tract includes no residences. Non-residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Facilities. As indicated in the Capital Improvement Program, below, it is not necessary to acquire or construct any public water or wastewater facilities initially, so there are none to be maintained. Should any extensions be made within the tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (including lighting). The City will provide maintenance of roads and streets over which the City will have jurisdiction. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvements Program, it is not necessary to acquire or construct such facilities in this tract, so there are none to be maintained. Should any such facilities be constructed by the City within the tract, the Parks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly Owned Facility, Building or Service. As indicated by the Capital Improvement Program it is not necessary to acquire or construct any such buildings or facilities within the tract, so there are none to be maintained, and there are no other publicly owned services to which such maintenance would apply. Should any such facilities, building or services be constructed or located by the City within the tract, an appropriate City department will provide maintenance services for them. 2. Additional Services_ Certain services, in addition to statutory services, will be provided within the tract to the same extent they are provided to similar temtories elsewhere in the City, including: a. Library services from existing and future facilities in accordance with standard policies and procedures. b. Health services in accordance with standard policies and procedures. c. Other City services, to the extent applicable to persons or properties within the tract, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the tract. Those improvements which are necessary are indicated below, and any necessary construction or acquisition shall begin within two (2) years and be substantially complete within four and one-half (4 1/2) years of the effective date of this plan, except as otherwise indicated. Police Protection. Police protection for the tract can be provided by using existing capital improvements. 2. Fire Protection. Fire protection for the tract can be provided by using existing capital improvements, the closest existing fire station is located at 2232 Canal St., additional capital improvements are not necessary at this time to provide fire protection to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded fire-fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the tract as described in the early action program. However, the tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Inasmuch as this tract is served by private water and wastewater facilities, no public water or wastewater facilities are necessary at this time. Future extensions of public water or wastewater facilities will be covered by standard policies and procedures, and the tract will be included with other territory in connection with planning for new, revised or expanded water and waste wastewater facilities. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control and jurisdiction in, over and under public streets and roads within the tract subject to the jurisdiction of other government entities. Additional streets and roads or related facilities are not necessary to serve the tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or streetlights will be governed by standard policies and procedures. The tract will be included with other territory in connection with planning for new, revised and widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. 'The closest existing facilities are at Montrose Park and County Park. Additional capital improvements are not necessary at this time to provide such services to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the tract by using existing capital improvements. Additional capital improvements are not necessary to provide them. However, the tract will be included with other territory in connection with planning for new, revised or expanded facilities. IV. AMENDMENT: GOVERNING LAW This plan may not be amended or repealed except as provided by the act or other controlling law. Neither changes in the methods or means of implementing any part of the service program nor changes in the responsibilities of the various departments of the City shall constitute amendments to this plan and the City reserves the right to make such changes. This plan is subject to, and shall be interpreted in accordance with, the act, the Constitution and laws of the Federal Government of the United States of America and the State of Texas, and the orders, rules and regulations of Governmental bodies and officers having jurisdiction. EXHIBIT "B" PROPOSED ANNEXATION OF U. S. INTEC (BUILDING MATERIALS MANUFACTURING CORPORATION, SUCCESSOR IN INTEREST TO U. S. INTEC} PROPERTY AND ENVIRONS BEGINNING, at a point on the existing City limit line located at the intersection of West Port Arthur Road and the North Right-of-way line of Viterbo Road; THENCE, North 27 degrees, 20 minutes, 16 seconds West along the said West Right-of-way, same being the existing City limit line, for a distance of 1,500 feet, more or less, at which point the City limit line makes a Westerly turn, continuing North 27 degrees, 20 minutes, 16 seconds West along the West line of West Port Arthur Road for a total distance of 3,050 feet, more or less to a point for corner; THENCE, North 62 degrees, 39 minutes, 44 seconds East, crossing West Port Arthur Road at 60 feet and continuing for a total distance of 475 feet to a point on the Northwest corner of U. S. Inter. Property, point for corner; THENCE, North 89 degrees, 58 minutes, 42 seconds for a distance of 1,050 feet, more or less, to a point for corner; THENCE, North for a distance ofl_66 feet, point for corner; THENCE, East for a distance of 258.53 feet to a point for corner; THENCE, South 00 degrees, 00 minutes, 17 seconds for a distance of 2,660 feet, more or less to the North Right-of- way line of Viterbo Road, point for corner; THENCE, Southwesterly along the North Right-of-way line of Viterbo Road for a distance of 544 feet, more or less to the West Right-of-way line of West Port Arthur Road and the POINT OF BEGINNING, of the 71.04 acre tract herein described. N 400 ~° 0 zoo SCALE 1 X400' N -g .. ..-~".. ~\ \ ~ ~ ~'~ \ - R~ ~ ~,~ ~ 71.04 ~~ - ~ ~ - ~a ~ ~, ~ $ 1~; ~, r~ N Aso. ~ ~'~~ ~ ~~ ~~ ~ ~ ~ ~ _- ~ ~ ~ ~~~ ti w~ r 4 ~ 1 rs$ „~ ~ \ \ y~„ t ~ ~ ,~/.