HomeMy WebLinkAboutPR 14789: EDC/CREATE FOREIGN TRADE ZONE SUBZONE (BUSINESS PARK)interoffice.
MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark Sokolow, City Attorney (/"~w~ ~~~/
Date: June 24, 2008
Subject: P. R. No. 14789; Council Meeting July 1, 2008
Attached is P. R. No.
$15,000, plus reimbursement
connection with creating a
Arthur Business Park.
MTS:ts
Attachment
cc: Floyd Batiste
Guy Goodson
14789 approving a payment not to exceed
for out-of-pocket expenses incurred in
Foreign Trade Zone Subzone in the Port
VIA FACSIMILE (409) 985-9312
Floyd Gaspard
Port Director
PORT ARTHUR INTERNATIONAL PUBLIC PORT
P. O. Box 1428
Port Arthur, TX 77641
J
z.pz14'789 memo
P .R. No. 14789
06/24/08 mts/gg
RESOLUTION NO.
A RESOLUTION APPROVING A PAYMENT NOT TO
EXCEED $15,000, PLUS REIMBURSEMENT FOR OUT-OF-
POCKET EXPENSES INCURRED IN CONNECTION WITH
CREATING A FOREIGN TRADE ZONE SUBZONE IN THE
PORT ARTHUR BUSINESS PARK.
WHEREAS, the City of Port Arthur Section 4A Economic Development Corporation
("PAEDC") has authorized an agreement with the Port Arthur International Public Port to create
a foreign trade zone subzone to include the Port Arthur Business Park; and
WHEREAS, the Port Arthur International Public Port will create a subzone in its foreign
trade zone for all or a portion of the Port Arthur Business Park based upon hourly charges for its
legal counsel not to exceed $15,000, plus reimbursement for out-of-pocket expenses incurred as
stated in the letter attached hereto as Exhibit "A"; and
WHEREAS, the PAEDC at its June 18, 2008, meeting voted to commit payment not to
exceed $15,000, plus reimbursement for out-of-pocket expenses incurred to create the foreign
trade subzone.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section i. That the facts and opinions in the preamble are true and correct.
Section 2. That the City of Port Arthur Section 4A Economic Development
Corporation is herein authorized to commit payment not to exceed $15,000, plus reimbursement
for our-of-pocket expenses incurred to create a foreign trade zone subzone to include the Port
Arthur Business Park.
Section 3. That the zone can provide for an exemption from duties.
z.pri4789_edc
Section 4. That the zone shall not provide for an exemption of ad valorem taxes
without the specific approval of the City. '
Section 5. That a copy of the caption of this Resolution be spread upon the Minutes
of the City Council
READ, ADOPTED AND APPROVED ON THE day of A.D. 2008, at a
Regular Meeting of the City Council of the City of Port Arthur, Texas by the following vote:
AYES: Mayor ,
Councilmembers
NOES:
DELORIS "BOBBIE" PRINCE, MAYOR
ATTEST:
TERRI HANKS, ACTING CITY SECRETARY
APPROVED:
FLOYD BATISTE, EDC CEO
APPROVED AS TO FORM:
1 ~~. ~i'~+~~~
MARK T. SOKOLOW. CITY ATTORNEY
M633389 _ Page 2
EXHIBIT "A"
t RECEIVED ]UN 081
May 28, 2008
Mr. Floyd Batiste, CEO
Port Arthur Economic Development Corporation VIA TELEFAX
P. O. Box 3934 (409)962-4445
Port Arthur, TX 77642 AND REGULAR MAIL
Re: Creation of Foreign Trade Zone Subzone for Port Arthur Industrial Pazk
Dear Mr. Batiste:
First of all, it was a pleasure meeting with you on May 6 to discuss the possibility of
creating a foreign trade zone Subzone to include the Port Arthur Industrial Park Our attorneys
have researched the matter and discussed same with representatives of the Foreign Trade Zones
Board in Washington. All have concluded that the Subzone can be created, and our attorneys
look forwazd to accomplishing same.
Based on their reseazch and discussions with Foreign Trade Zones Boazd representatives,
our attorneys are prepared to move forward with creation of the Subzone for a fee to be
determined on an hourly basis for hours actually worked, not to exceed $15,000, plus
reimbursement for out-of-pocket expenses incurred in connection therewith. Further, barring
any unforeseen complications, the attorneys estimate that the Subzone can be created within sixty
{60) days from the date on which they are instructed to move forward.
Should you have any questions and/or comments regazding this letter, please do not
hesitate to contact me. Otherwise, if the EDC agrees to pay the attorneys' fees and expenses as
set forth above and wishes for the attorneys to move forward with creation of the subject
Subzone, please so indicate by signing and returning to me one (1) copy of this letter.
Thank you for your attention to this matter. I look forwazd to your favorable reply.
Sincerely,
Flo d as and
Y P
Port Director
FG/jmh
Box 1428 /Port Arthur, Texas 77641 !Area Code 4091983-2011, 983-2029, FAX 885-9312, FAX 983-7572
EMAIL: sales~portoiportarlhur.com httpl/www.portafportarthuccom
AGREE~TO AND ACCEPTED THIS THE
AY OF 3u sl ~ , 2008:
PORT AR ECONOMIC DEVELOPMENT CORPORATION
ay:
Its: ~R~s [ 4~ ~
cc: Mr. Steve Fitzgibbons
City Manager
City of Port Arthw
P. O. Box 1089
Port Arthw, TX 7764 ]
Mr. John Johnson
Carl R. Griffith & Associates, Inc.
2901 Turtle Creek Drive, Suite 101
Port Arthw, TX 77642-8077
Mr. Scot E. Sheldon
Mrs. Leah D. Williams
Sheldon, Dunham & Edwazdson, L.L.P.
905 Orleans
Beaumont, TX 77701