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HomeMy WebLinkAboutPR 14651: TEXAS OFFSHORE PORT SYSTEM (TOPS) - SURVEY PERMITinteroffice MEMORANDUM To: Mayor, City Council, and City Manager ~ ~~/ From: Mark Sokolow, City Attorney ~-vt. L(/u{' Date: April 1, 2008 - Subject: P. R. No. 14651; Council Meeting April 8, 2005 -- Attached is P. R. No. 14651 as .it pertains to granting a Survey Permit to Texas Offshore Port System (TOPS) to survey, for a proposed'~pipeline over. and across land owned by the City of Port Arthur, known as Tract. J252. MTS:gt Attachment z.pr14651_memo P. R. No. 14.651 03/28/08 is RESOLIITION N0. A RESOLIITION AS IT PERTAINS TO GRANTING A SIIRVEY PERMIT TO TEXAS OFFSHORE PORT SYSTEM (TOPS) WHEREAS, SunCoast Land Services, Inc., on behalf of Texas Offshore Port System (TOPS), is requesting permission from the City of Port Arthur to survey for a proposed pipeline over and across lands owned by the City of Port Arthur in Jefferson County, such land being known as Tract No. J252, as delineated. in Exhibit "A" attached hereto; and WHEREAS, it is deemed appropriate to authorize the City Manager to sign the Survey Permit, attached hereto as Exhibit "B", and grant SunCoast Land Services, Inc., on behalf of Texas Offshore Port System (TOPS), permission to survey for a proposed pipeline over and across the land known as Tract No. J252 and owned by the City of Port Arthur. NOW THEREFORE, BE IT RESOLVED BY THE PORT ARTHIIR MIINICIPAL NON PROFIT CORPORATION: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to grant the request from Texas Offshore Port System (TOPS) to survey for a proposed pipeline over and across Tract -J252 and sign the Survey Permit, attached hereto as Exhibit "B" Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the Corporation. READ, ADOPTED AND APPROVED on this day of A.D., 2008, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: __ ' Mayor NOES: Mayor ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER EXHIBIT "A" SUNCeOAST LAN~RYICES~ INC. - _ - ._ CORDOBA SQUARE, BLDG B MILLENNIUM T W 4906 AMB CAFFERY PKWY, STE 207 10375 RICHMOND AVE., STE 252 LAFAVETTE, LOUISIANA 70508 ~ ~ HOUSTON, TEXAS 77042 OFFICE (337) 265-2900 • FAX (337) 265-2901 OFFICE (713) 337-3050 • FAX (713) 337-3051 March 3, 2008 City of Port Arthur PO BOX 1089 Port Arthur, Texas 77641-1089 Attn: City of Port Arthur Re: TEXAS LANDOWNERS BILL OF RIGHTS and Survey Permission Located in Jefferson County, Texas Tract No. J252 Dear City of Port Arthur, "`'` ~` ~ i t t ~'i Please be advised that SunCoast Land Services, Inc., has been retained by TEXAS OFFSHORE PORT SYSTEM (TOPS), a general partnership, whose mailing address is 2727 North Loop Wesf, Houston, Texas 77008-1044 to deliver the Texas Landowners Bill of Rights to you and acquire permission to survey for a proposed pipeline over and across lands you own in Jefferson County, Texas.. In the coming weeks, a representative of SunCoast Land Services, Inc. will be contacting you to discuss the Survey Permission. On behalf of TOPS, we are enclosing a copy of the Texas Landowners Bill of Rights. The Landowners Bill of Rights was prepared by the Texas Attorney General and it contains important information about your rights, and about procedures that would be applicable if an eminent domain action was pursued in connection with your property. Also enclosed is a Survey Permission letter for your review and signature, and aself- addressed stamped envelope for returning the signed Survey Permission to SunCoast Land Services, Inc. Further, for your convenience, we are enclosing a vicinity plat of your lands along with a copy of your assessment from the Jefferson County Appraisal District, so you will know what lands are of a concern to us. In order to make an appropriate contact with the parties handling the Survey Permission affecting your lands, please provide us with the contact information listed below by either mailing us a letter or by fax, to the Lafayette, Louisiana address and fax number provided above or by contacting Thomas Kline with our office at (337) 344-4992. • Contact Person for Lands of Interest • Address for us to make future contacts • Phone Number for us to make future contacts Thanks, SunCoast Land Services, Inc. On Behal f Texas Offshore Port System ~~ ~~ Larry W. Blanchard Project Manager Enclosures TEXAS LANDOWNER'S BII.L OF RIGHTS This Bill of Rights applies to any attempt by the government or a private entity to take your property. The contents of this Bill of Rights aze prescribed by the Texas Legislatwe in Texas Govemment Code Sec. 402.031 and Chapter 21 of the Texas Property Code. 1. You are entitled to receive adequate compensation if your property is taken for a public use. 2. Your property can only be taken for a public use. 3. Your property can only be taken by a governmental entity or private entity authorized by law to do so. 4. The entity that wants [o take your property must notify you about its interest in taking yow property. 5. The entity proposing to take your property must provide you with an assessment of the adequate compensation for your property. 6. The entity proposing to take your property must make a good faith offer to buy the properly before it files a lawsuit to condemn the property. 7. -You may hire an appraiseror other professional to determine the value of your property or to assist you in any condemnation proceeding. 8. You may hire an attorney to negotiate with the condemning entity and to represent you in any legal proceedings involving the condemnation. 9. Before yow property is condemned, you are entitled to a hearing before acourt- appointedpanel that includes three special commissioners. This specialized hearing panel must determine the amount of compensation the condemning entity owes for the taking of your property. The commissioners must also determine what compensation,. if any,. you are entitled to receive for any reduction in value of your remaining property. 10. If you are unsatisfied with the compensation awarded by the special commissioners, or if you question whether the taking of your property was proper, you have the right to a trial by a judge or jury..If you are dissatisfied with the trial court's judgment, you may appeal that decision. ~~' ~ - Page 1. CONDEMNATION PROCEDURE Eminent Domain is'the ability of certain entities to take private property for a public use. Private property can include land and certain improvements that are on that property. Private property may only be taken by a governmental entity or private entity authorized by law to do so. Your property may betaken only for a public use. Eminent domain cannot be used to take your property for economic development purposes, except for limited exceptions provided by law. Your property cannot be taken without adequate compensation. Adequate compensation includes the market value of the property being taken. It may also include certain damages, if any, to your remaining property caused by the acquisition itself or by the way the condemning entity will use the property. Hoer the Takinn Process Beeins The taking of private property by eminent domain must follow certain procedures. First, the entity that wants to condemn your property must notify you about its interest in acquiring your property. Second, before a condemning entity begins negotiating with you to acquire your property, it inus[ send. [his Landowner's Bill of Rights statement to the last known address of the person in whose name the property is listed on [he most recent tax roll. Third; the condemning entity must make a good faith offer to purchase the property. The condemning entity's offer must be based on an investigation and an assessment of adequate compensation for the property. At the time the offer is made, the governmental condemning entity must. disclose any appraisal reports it used to determine the value of its offer to acquire the property. You have the right to either accept or reject the offer made by the condemning entity. Condemnation Proceedin s If you and the condemning entity do not agree on the value of the property being taken, the entity may begin condemnation proceedings. Condemnation is the legal process for the taking of private property. It begins with a condemning entity filing a claim for your property in court. If you live in a county where part of the property being condemned is located, the claim anuary 31, 2008 pQge2. must be filed in that county. Otherwise, the claim can be filed in any county whereat least part of the property being condemned is located. The claim must describe the property being condemned, the intended public use, the name of the landowner, a statement that the landowner and the condemning entity were unable to agree on the value of ttre property, and that the condemning entity provided the landowner with the Landowner's Bill of Rights statement. Special Cammissioners'Heari~ After the condemning entity files a claim in court, the judge will appoint three landowners to serve as special commissioners. These special commissioners must live in the county where the condemnation proceeding is f led, and they must take an oath to assess the amount of adequate compensation fairly, impartially, and according to the law." The special commissioners are not authorized to decide whether the condemnation is necessary or if the public use is proper. After being appointed, the special commissioners must schedule a hearing at the earliest practical time and pace and provide you written notice of that hearing. You are required to disclose to the governmental condemning entity, at least ten days before the special commissioners' hearing, any appraisal. reports used to determine your opinion about adequate compensation for the property. You may hire an appraiser or real estate professional to help your determine the value of your private property. You may also hire an attorney regarding these proceedings. At the hearing, the special commissioners will consider evidence on the value of the property, the damages to remaining property, any value added to'the remaining property as a result of the project, and the uses to be made of the property being taken. Special Commissioners' Award After hearing evidence from all interested parties, the special comrissioners will determine the amountof money to be awarded as adequate compensation. You may be responsible for the costs if the Award is less than or equal to the amount the condemning entity offered before the condemnation proceeding began. Otherwise, the condemning entity will be responsible for the costs. The special commissioners will give a written decision to the court that appointed them. That decision is called the "Award." The Award must be filed with the court and the court must send written notice of the Award to all parties. anuary _ Page3.. After the Awazd is filed, the condemning entity may take possession of the property being condemned; even if either party appeals the Awazd of the special commissioners. To take possession of the property, the condemning entity must either pay you the amount of the Award or deposif the amount of the Awaid into the registry of the court. You have the right to withdraw the deposited funds from the registry of the court. Obiection to the Sneeial. Commissioners' Award If either you or the condemning entity is dissatisfied with the amount of the Award, either party can object to the Award by filing a written statement of,objection with the court. If neither party timely objects to the Award, the court will adopt the Award as the final judgment of the court. If a party timely objects to [he special commissioners' Award, the court will hear the case in the same manner as other civi] cases. If you object to the Award and ask the court to hear the matter, you have the right to a trial by judge or jury. The allocation of costs is handled in the same manner as with the special commissioners' Award. After that trial, either party may appeal any judgment entered by the court. Dismissal ofthe Condemnation Action A condemning entity may file a motion to dismiss the condemnation proceeding if it decides it no longer needs your property. If the court grants the motion to dismiss, the case is over and you are entitled to recover reasonable and necessary fees for attomeys, appraisers, photographers, and for other expenses incurred to the date of the hearing on the motion to dismiss. You may also file a motion to dismiss the coudemnation proceeding on the ground that the condemning entity did not have the right to condemn the property, including a challenge as to v/hether the property is being taken for a public use. If the court grants your motion, the court may awadd you reasonable and necessary fees for attorneys, appraisers, photographers, and for other expenses incurred to the date of the hearing orjudgment. anuary 8 Page4. Relocation Costs If you are displaced from a residence or place of business, you may be entitled to reimbursement for reasonable expenses incurred while moving personal property from the residence or relocating the business to a new site. You aze not entitled to these relocation costs if they are recoverable under another law. If you are entitled to these costs, they cannot exceed the market value of the property being moved and can only be reimbursed for moving distances within 50 miles. Reclamation Ontioas If private property was condemned by a governmental entity, and the purpose for which the property was acquired is canceled before the 10'h anniversary of the date of the acquisition, you may have the right to seek to repurchase the property for the fair market value of the property at the time the public use was canceled. This provision does not apply to property acquired by a county, a municipality, or the Texas Department of Transportation Disclaimer The information in this statement is intended to be a sununary of the applicable portions of Texas state law as required by HB 1495, enactedby the 80'h Texas Legislature, Regular Session: This statement is not legal advice and is not a substitute for legal counsel. Additional Resources r Further information regarding the procedures, timelines and requirements outlined in this document can be found in Chapter 21 of the Texas Property Code. anuary - _ - PageS. :_ .: -.. ~~:, „ . ,,.. ;,.. SURVEY,,PERMIT State of Texas ;,~, .. ~~: ~ ". , _.. - .: . r ~~ :_ Tr~;ct No.: J252 ~ : ~ _. , , , County of Jefferson _. e: -- - -_ ,,,,, ,: Property Owner: __ „;. - - Address: Telephone: Contact Person: Address: Telephone: Tenant /Other: Address: Telephone: ( ) NOTES AND SPECIAL INSTRUCTIONS: PROPERTY DESCRIPTION: PT CANAL ROW 1.041 AC LOT 10, PT OF BLK 1 PORT ACRES ABSTRACT 053300 Permission and license is hereby granted unto TEXAS OFFSHORE PORT SYSTEM (TOPS), a general partnership, whose mailing address is 2727 North Loop West, Houston, Texas 77008-1044, its agents and employees to enter upon the above described premises for the purpose of making surveys including: the placement of stakes, line of sight clearing, geotechnical soil borings, environmental/archaeological and a routing of a proposed pipeline. TOPS agrees to indemnify and holdaGsandtorsharmless frohm and against any and all liability or responsibility for injury to (including death of damage to property of the undersigned, or third persons, of any kind to the extent arising out of or in connection with the operations of TOPS hereunder. )Persons or Witnesses: Grantor: Name Date Name Date Date Name Dafe ~Af~~ OY~d~ER'S CC?PY State of Texas County of Jefferson Date: Property Owner: Address: Telephone: Contact Person: Address: Telephone: Tenant /Other: Address: Telephone: -. "i :' 'ii'i SURVEYP,E~RMIT , ~i~~;, \ , ,"t'r,~,ct No.: J252' .. ~;_~ i 1 l - . 1. Il, a: ~ ;, , :;:, NOTES AND SPECIAL INSTRUCTIONS: PROPERTY DESCRIPTION: , PT CANAL ROW 1.041 AC LOT 10, PT OF BLK 1 PORT ACRES ABSTRACT 053300 Permission and license is hereby granted unto TEXAS OFFSHORE PORT SYSTEM (TOPS), a general partnership, whose mailing address is 2727 North Loop West, Houston, Texas 77008-1044, its agents and employees to enter upon the above described premises for the purpose of making surveys including: the placement of stakes, line of sight clearing, geotechnical soil borings, environmental/archaeological and appraisal studies related to the routing of a proposed pipeline. TOPS agrees to indemnify and hold Grantor harmless from and. against any and all liability or responsibility for injury to (including death of) persons or damage to property of the undersigned, or third persons, of any kind to the extent arising out of or in connection with the operations of TOPS hereunder. Witnesses: Name Name Grantor: Name Date Date Name Date Date CQPY - S1GPE ~ RETUR6Y TO St1~CQAST I.A4~D SERVICES, IE1lC. i 3 0001 000 Ifil`~~T.. 0241 00 00( 415 0000 00 5000 008000 5000 10000 024 OOOT33 ' 053300 06360000000031 000 0000001 0241 00000( 102 50000 I 0 415001 150 0000 ~x~zBZT ..B„ County of Jefferson Date: Property Owner: city of Port Arthur Address: P. o. sox 1089 444 4th Street, Pott Arthur, T% 77641-1089 Telephone:( 409 ) 983-8101 Contact PerSOn: Stephen Fitzgibbons, City Manager Address: P. o. Boa 444 4th Street, Port Arthur, T% 77641-1089 Telephone: ( 409 ) 983-8101 Tenant /Other: Address: Telephone: NOTES AND SPECI,~L INSTRUCTIONS: This permit is only authorized until June 1, 2008. TOPS will provide the City with all survey information obtained as well as other data obtained on the vroperty. All borings will be done in the presence of City staff. PROPERTY DESCRIPTION: PT CANAL ROW 1.041 AC LOT 10, PT OF BLK 1 PORT ACRES ABSTRACT 053300 Permission and license is hereby granted unto TEXAS OFFSHORE PORT SYSTEM (TOPS), a general partnership, whose mailing .address is 2727 North Loop West, Houston, Texas 77008-1044, its agents and employees to enter upon the above described premises for the purpose of making surveys including: the placement of stakes, line of sight clearing, geotechnical soil borings, environmental/archaeological and appraisal studies related to the routing of a proposed pipeline. TOPS agrees to indemnify and hold Grantor harmless from and. against any and all liability or responsibility for injury to (including death of) persons or damage to property of the undersigned, or third persons, of any kind to the extent arising out bf b'r in' connection with the operations of TOPS hereunder. Witnesses: ~~.ii, , Name Date Name Date Grantor: Name Name CC?PY -SIGN r~ ,'.ETURN TO Stlt~C©AST LAND SERVICES, INC.