Loading...
HomeMy WebLinkAboutPR 14846: SERVICE PLANS FOR INDUSTRIAL DISTRICTS AREAS AND FOR POINTS OF DELIVERY OF ELECTRICITY BY ENTERGYs,_ ._..._,. .-~~~ __ emo To: City Council and Steve Fitzgilbbons, City Manager From: Colleen Russell, Planning Director Date: 7/25/2008 Re: Service Plans for Industrial Districts and For Points of Electricity Delivery from Entergy Recommendation: The City Council is requested to give directions regarding the "in lieu of tax agreements" that are expiring at the end of the year (December 31, 2008 in Exhibit "A") and also give directions regarding a service plan for points of delivery of electricity to these facilities by Entergy. Background The companies listed in Exhibits "B-1" through "B-11" and are so numbered in the proposed resolution have "in lieu of tax agreements" that expire at the end of the year 2;008. In case negotiations are not successful, the Planning Director willl prepare an annexation time table for said companies' properties. The annexation timetable will adhere to the rules in the Texas Local Government Cade and there shall be a schedule for publication, notice and ~-ublic hearings. Summary The Planning Director is submitting these documents in line with the request of Resolution 08-296 appiroved July 15, 2008, stating that service plans be prepared for industrial district areas mentioned in Exhibits "B-1" through "B-11"' and for points of delivery of electricity by • Page 1 Entergy, as it pertains to the mentioned industrial customers with expiring "in lieu of tax agreements." • Page 2 P.R. lvo. 14846 ~~~ R RESOLUTION 1vO. A RESOLUTION AS IT PERTAINS TO SERVICE PLANS FOR INDUSTRIAL DISTRICTS AREAS AND FOR POINTS OF DELIVERY OF ELECTRICITY BY ENTERGY TO INDUSTRIAL CUSTOMERS IN THE CITY'S ETJ WHEREAS, the City council has Industrial District agreements with the following corporations in Exhibit "A"; and WHEREAS, numbered companies 2, 5; 6, 7, 8, 9, 10, 15, 17, 18 and 23 have agreements expiring at the end of the year (December 31, 2008); and WHEREAS, the City of Port Arthur expects to annex these properties if new "in lieu of tax Agreements" are not entered into; and WHEREAS, the City expects to annex ithe areas as to the points of delivery of electricity by Entergy to industrial customers in the City's ETJ; and WHEREAS, the Director of Planning has prepared service plans described in Exhibits "B-1"through "B-11", as well as a service plan fc-r the points of delivery, attached as Exhibit "C". BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT the Director of Planning shall prepare a timetable for the annexation of~ the property in case the negotiations are not successful with a timetable for publications, notice and public hearings. THAT the Director of Planning shall prepare a timetable for the annexation of'the points of delivery of electricity by Entergy to industrial customers in the City's ETJ with a timetable for publications, notice and public hearings. THAT the City Attorney is herein authorized to take such action as is necessary to have P.R. NO. 14846 (SERVICE AREA PLANS FCIR AGREEMENTS EXPIRING 2008) 07/29/08 Page 2 of 2 Entergy specifically delineate their points of delivery to industrial customers in the Cit3~ and in the City's ETJ so that the City can be assured that it pis receiving the proper franchise fee payments and so that the City will be able to plan to obtain its fair share of revenue from Entergy pertaining to kilowatt sales to customers as allowed under Section 33.008 Utility Code (Factor of .0016170 pear kWh on base) and a surcharge factor of .0001377 per kWh„ THAT a copy of the caption of this Resolution be spread upon the Minutes of'the City Council. READ, ADOPTED AND APPROVE]) this day of July, 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: Mayor ATTEST: Acting City Secretary P.R. NO. 14846 (SERVICE AREA PLANS FOR AGREEMENTS EXPIRING 2008) 07/29/08 Page 3 of 2 APPROVED AS TO FORM: City Attorney APPROVED FOR ADMINISTRATION: Director of Planning EXHIBIT ~A" EXHIBI'.C "A" 1. Air Products - Agreement signed and filed with County 2006•-2010 (75% of County Abatement) as approved by Resolution No. 05-202 dated 6/21/05. 2. Atofina {Formerly FINA) 2002-2008 ($2,250,000/year), as approved by Resolution No. 01-301 dated .LO/16/01. 3. Atofina/Shell/BASF 2002-2011 (Butadiene Extraction Unit, Olefins Conversion Unit And Alkylate Unit) ($205,000/Year), as approved by Resolution No. 01-312 dated 10/30/01. 4. Atofina/Basf/Sabina (Butadiene Ixtraction Unit, Olefins Conversion Unit And Alkylate Unit) 2003-2012 (Up To $315,000/Year), as approved by Resolution No. 02-25 dated 1/22/02. 5. Basf/Fina (Ethylene, Propylene Unit-Olefins Complex) 1999-2008 (up to $900,000/Year), as approved by Resolution No. 98-291 dated 12/15/98. 6. BASF (Old Sandoz- Fertilizer Plant) 1/1/2008 - 12/31/2008 {unless extended by the City) (amounts equal to eighty percent (80°a) of the amount of taxes that the Company would have paid to the City with respect to the property (land, improvements, units, equipment, inventory and all other property located thereon.) described in Exhibit "A" and "B" as if it had been located within the corporate limits of the Cit;~. The "in lieu of tax" agreement was approved by Resolution No. 07-439 dated 10/08/07. 7. Chevron Phillips (Ethylene Plant) 2004-2008 ($1,185,000/ Year), as approved by Resolution No. 03-355 dated 11/25/03. 8. Chevron II.S.A. (lobe packaging plant) 2004-2008 ($ 150,000/ Year), as approved by Resolution No. 03-354 dated 11/25/03. 9. Clark 1999-2008 {$ 1,825,000/Year Plus C.P.I. for the years 2004 to 2008) Gasoline Refinery, as approved by Resolution No. 98-288 dated 12/15/98. 10. Clark HOIIP 1999-2008 (Up To $872,000/ Year), as approved by Resolution No. 98-289 dated 12/:L5/98. 11. Clark/Transglobal Assignment, a;a approved by Resolution 01-93 dated 4/3/01. 12. Clark Assignments To Port Arthur Coker & To Air Prod., as approved by Resolution No. 99-1'74 dated 8/10/99. z.pr14803_exhibit a 13. Clark (Now Premcor) 1999-2010 - Hydrotreater (75~ of taxes that the Companies would have paid to the City with respect to the projects as if the Project }sad been constructed within 'the City's corporate limits, and if the City had entered into a similar tax abatement agreement as Clark entered into with Jefferson County), as approved by Resolution No. 03-297 dated 10/14/03. 14. Colonial 2007-2011 ($25,000/ Year), as approved by Resolution No. 06-363 dated 9/12/06. 15. Equilon Enterprises 2004-2008 (:?26,500 /Year), as approved ;by Resolution No. 03-353 dated 11/2;5/03. 16. Golden Pass LNG Agreement (New LNG Terminal) 2006-2015 (up 'to $2,300,000 per year), as approved by Resolution No. OS-259 dated 8/16/05. 17. Great Lakes Carbon 2002-2008 {$183,500/Year), as approved Y>y Resolution No. 01-308 dated 10/:30/01. This property has been purchased by Oxbow Calcining, LI~C. 18. Huntsman 2004-2008 ($2,050,000/Year), as approved by Resolution No. 03-296 dated 9/lEi/0. Huntsman sold the plant to Flint Hill Resources and they will be negotiating a new agreement. 19. Exxon Mobil 2007-2011 ($62,500/Year), as approved by Resolution No. 06-349 dated 9/1:?/06. 20. Mobil Pipeliae 2007-2011 ($62,500/Year), as approved by Resolution No. 06-348 dated 9/1:?/06. 21. Motiva 2005-2019 (up to $7,700,000 per year) Refinery Agreement and expansion, as approved by Resolution No. 05-271 dated 9/13/05. 22. Onyx 2004-2010 (Formerly Chemical Waste) - ($135,000/Year), as approved by Resolution No. 03-2!57 dated 9/16/03. This property is now in the name of Veolia. 23. Praxair 2003-2008 (Up To $200,000/Year), as approved by Resolution No. 02-315 dated 10/:L5/02. 24. Port Arthur Steam 2006 to 2010 (80~ of taxes that the Companies would have paid to thES City with respect to the project as if the Project had been constructed within the City's corporate limits, and if the Ci1:y had entered into a similar tax abatement agreement as Port Art}sur Steam entered into with Jefferson County), as approved by Resolution No. 05-181 dated 6/7/05. 25. Premcor Refining Group Inc.'s a~sd Port Arthur Coker Company L.P.'s Port Arthur Refinery Feeci Rate Expansion Project and Decoker Expansion 2005-2014 (75`k of taxes that the Companies would have paid to the City wit}s respect to the project as if the z.pr14803 exhibit a project had been constructed within the City's corporate 1_Lmits, and if the City had entered into a similar tax abatement agreement as Premcor entered intto with Jefferson County), as approved by Resolution No. 05-1154 dated 5/24/05. 26. Premcor Refining Group Inc.•s Lc~w Sulfur Diesel Hydrotreatez- Revamp Project (Tier II Diesel E>roject) 2005-2009 (75$ of taxes that the Companies would have paid to the City with respect to the projects as if the Project had been constructed within the City's corporate limits, and if the City had entered into a similar tax abatement agreement as Premcor entered into with Jefferson County), as approved by Resolution No. 05-165 dated 5/24/05. 27. TOTAL Agreement: Pending negotiation of "in lieu of tax" agreement for the new Coker facility. A draft of an Industrial District Agreement was sent to 'TOTAL on November 6, 2006. Ordinance No. 06-115 - 12-19-06 - Designated a reinvestment zone contingent upon TOTAL entering :into an agreement to pay taxes and franchise fees if they are anne:Ked. Resolution No. 06-502 - 12-19-Oi5 Agreement with TOTAL to pay taxes and franchise fees if the~~ are annexed. z.pr14803_exhibit a EXHIBIT ~~B-1" PROPOSED SERVICE: PLAN FINA (ATOFINA) I. INTRODUCTION This service plan (plan) is made by the Cit3~ of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. II. TERM This plan shall be in effect for a tenor 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 adoptiion of an ordinance by the City Council, which refers to this plan and specifically renews this plan for a stated period of tune. The present Resolution 01-301 with FINA (ATOFINA) expires December 31, 2008 III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Eazly 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 azeas of the City (including the tract) where differing characteristics of topography, land utili;.ation and population density aze 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 c-ther azea 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 chazges be paid anal may include eligibility requirements and similaz provisions. D. Eazly Action Programs 1. Statutory Services. The statutory services will be provided within sixty (6a) 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. ~['hese 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 Pazks, 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 Pazks 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 acquure or construct any such buildings or facilities within the tract, so there are none to be maintained, and there aze 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 c;xtent they are provided to similaz territories elsewhere in the City, including: a. Library services from existing and future facilities in accordance with standazd 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 standazd 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 aze 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 6099 Levris Foster Dr., additional capital improvements are not necessary at this time to provide fire protection to the tract. However, the tract will be included with. other temtory in connection with planuung 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 eazly 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 standazd 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 aze not necessary to serve th.e tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or streetlights will be governed by standazd policies and procedures. The; tract will be included with other territory in connection with planning for new, revised and widened or enlazged roads, streets or related facilities. 6. Pazks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. The closest existing facilities are at Fairlea Pazk and Lakeview Pazk. 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 pazks, 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 viterpreted in accordance with, the act, the Constitution and laws of the Federal Governmc;nt 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 EXHIBI'T' ~B-2" PRO~'OSED SERVICE PLAN BASF~~FINA I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 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, which refers to this plan and specifically renews this plan for a stated period of tune. The present in lieu of tax agreement via Resolution 98-291, with BASF/FINA expires December 31, 2008 III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Eazly 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 utilit:ation and population density are considered as a sufficient basis for providing different levels of service. C. Definitions. 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 azea 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 "stand;ard policies and procedures" means those policies and procedures of the City applicable to a particulaz 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 anti 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. T'he 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 aze anticipated, inasmuch as the tract includes no residences. Non-residential service and future residential service will be governed by standazd 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 aze 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 Pazks, 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 arc none to be maintained. Should any such facilities be constructed by the City within the tract, the Pazks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly Clwned 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 e~stent they are provided to similar territories 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 standazd policies and procedures. c. Other City services, to the extent applicable to persons or properties within the tract, in accordance with standard F-olicies 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) yeazs 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 6099 Lewis Foster Dr., additional capital improvements aze not necessary at this time to provide fire protection to the tract. Hc-wever, 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 eazly action program. However, the tract wial be included with other temtory in connection with planning for new, reviised or expanded solid waste facilities.. 4. Water and Wastewater Facilities. Inasmuch as this tract is served by private water and wastewater facilities, no put>lic water or wastewater facilities are necessary at this time. Future extensions of public water or wastewater facilities will be covered by standazd policies az~d 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 aze 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, rf;vised and widened or enlazged roads, streets or related facilities. 6. Pazks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. The closest existing facilities aze at Fairlea Pazk and Lakeview Pazk. 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 ox expanded parks, playgrounds and swi~;nming 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 aze not necessary to provide them. However, the tract will be included with other territory in connection with planning fox 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 methodls or means of implementing any part of the service program nor changes in the responsiibilities 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 EXH 1 B11r KB-3" PROPOSED SERVICE; PLAN BASF I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 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 11us plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council, which refers to this plan and specifically renews this plan for a stated period of time. The present "in lieu of tax agreement" via P;esolution 07- 439 with BASF (Old Sandoz Plant) expires December 31, 2008 III. SERVICE PROGRAM A. In General. This plan includes two serviice 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 azeas 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. As used in this plan, providing service:> 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 particulaz 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 similaz provisions. D. Eazly 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 Depairrinent 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 Pazks, 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 aze 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 aze provided to similaz territories elsewhere in the City, including: a. Library services from existing and suture facilities in accordance with standard policies and procedures. b. Health services in accordance with ;;tandazd policies and procedures. c. Other City services, to the extent applicable to persons or properties within the tract, in accordance with standazd policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necc~ssazy for providing municipal services for the tract. Those improvements which aze necessary aze indicated below, and any necessary construction or acquisition shawl 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 fo;r 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 6099 Lewis Foster Dr., additional capital improvemients aze 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 aze necessary at this time to provide solid waste collection services ,within the tract as described in the early action program. However, the tract wild 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 standazd policies andl procedures, and the tract will be included with other territory in connection with planning for new, revised or expanded water and waste wastewater f ~cilities. S. 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 aze 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 standazd policies and procedures. The tract will be included with other temtory in connection with planning for new, revised and widened or enlarged roads, streets or related facilities. 6. Pazks, Playgrounds, and Swimming pools. These services can be provided by using existing capital improvements. The closest existing facilities are at Fairlea Pazk and Lakeview Pazk. Additional c;apital 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 swvmming 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 methodls or means of implementing any part of the service program nor changes in the responsiibilities of the various departments of the City shall constitute amendments to this plan azid 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. EXH 1 B 11r ~B-4" PROPOSED SERVICE PLAN CHEVRON PHILIPS COMPANY I. INTRODUCTION This service plan (plan) is made by the Cit}i of Port Arthur, Texas (City) pursuant to Section 43.056 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, which refers to this plan and specifically renews this plan for a stated period of time. The present in lieu of tax agreement via Resolution 03-355, with CHEVRON PHILLIPS COMPANY expires December 31, 2008 III. SERVICE PROGRAM A. In General. This plan includes two ser`~ice programs: (1) Early Action Program and (2) Capital Improvement Program. B. Scope and Quality of Services. Service;s 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 plaz- 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 aze 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 pazticulaz service which aze in effect either at a time that a service is requested or at a time that the service is made available or provided. The poliicies or procedures may require that a specific type of request be made, suchh as an application or a petition. They may require that fees or charges be paid a~zd may include eligibility requirements and similar provisions. D. Eazly Action Programs 1. Statutory Services. The statutory ser`~ices will be provided within sixty (60) days after the effective date of this plan, except as otherwise indicated. a. Police Protection. The Police Dep~u-tment of the City will provide protection and law enforcement in the tract. These activities will include normal patrols and responses and the handling of c;omplaints and incident reports. b. Fire Protection. The Fire Departmfnt of the City will provide fire protection in the tract. c. Solid Waste Collection. No residential collection services aze anticipated, inasmuch as the tract includes no re:sidences. Non-residential service and future residential service will be governed by standazd 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 providled. 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 Pazks, 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 Pazks 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 aze no other publicly owned services to which such maintenance would apply. Should any such facilities, building or services be constructed or located b,y 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 aze provided to similaz territories 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 nec:essary 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. 1. 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 6099 Lewis Foster Dr., 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 put>lic water or wastewater facilities aze necessary at this time. Future extensions of public water or wastewater facilities will be covered by standard policies azid 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, c-ver and under public streets and roads within the tract subject to the jurisdiction of other government entities. Additional streets and roads or related facilities aze 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 standazd policies and procedures. The tract will be included with other territory in connection with planning for new, revised and widened or enlazged 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 Fairlea Park and Lakeview Pazk. Additional capital improvements aze not necessazy 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 pazks, 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 aze riot 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 vazious 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 i~iterpreted in accordance with, the act, the Constitution and laws of the Federal Governmc;nt 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 EXH 1 B 11r ~~B-5" PROPCISED SERVICE: PLAN CHEVRON USA I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. II. TERM This plan shall be in effect for a term often. (10) yeazs 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 adoptiion of an ordinance by the City Council, which refers to this plan and specifically renews this plan for a stated period of time. The present "in lieu of tax agreement" via Resolution 03-054 with CHEVRON USA expires December 31, 2008 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 iin 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 azeas of the City (including the tract) where differing characteristics of topography, land utili:aation and population density aze 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 Ciity 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 acid may include eligibility requirements and similaz provisions. D. Eazly Action Programs 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. 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 standazd 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 l~~ 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 Pazks, 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 aze none to be maintained. Should any such facilities be constructed by the City within the tract, the Pazks 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 aze 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 exter.~t they are provided to similaz 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 standazd 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 necess necessary construction or acquisition shall begin i~ ~,oc 2 ed below, and any substantially complete within four and one-half 4 1 /2 () yeazs and be of this plan, except as otherwise indicate:d. ( ) yes of the effective date 1. 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 existiing fire station is located at 6099 Lewis Foster Dr., additional capital improverr~ents 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 aze necessary at this time to provide solid waste collection services within the tract as described in the early action program. However, the tract willl be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Inasrriuch as this tract is served by private water and wastewater facilities, no publiic 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 temtory 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 dominiion, control and jurisdiction in, over and under public streets and roads within the tract subject to the jurisdictior,~ of other government entities. Additional streets and roads or related facilities aze 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 temtory in connection with planning for new, revised and widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds, and Swimming Fools. These services can be provided by using existing capital improvements. The closest existing facilities are at Fairlea Pazk and Lakeview Pazk. Additional capital improvements are not necessary at this time to provide such services to tlhe tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded pazks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services: Additional Services. In general, other City functions and serviices, and the additional services described above, can be provided to the tract by using existing capital improvements. Additional capital improvements aze 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: GOVERI~IING 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 EXHIBIT ~B-6" PROPOSED SERVICE PLAN VALERO(CLARK REFINING) I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. II. TERM This plan shall be in effect for a term of ten (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, which refers to this plan and specifically renews this plan for a stated period of time. The present in lieu of tax agreement via RE;solution 98-288, with VALERO expires December 31, 2008 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. Service:> 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 azeas of the City (including the tract) where differing characteristics of topography, land utili2:ation and population density are considered as a sufficient basis for providing different levels of service. C. Definitions. 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 particulaz service which aze 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 similaz provisions. D. Eazly 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 aze anticipated, inasmuch as the tract includes no residences. Non-residential service and future residential service will be governed by standazd 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 (iincluding lighting). The City will provide maintenance of roads and streets over which the City will have jurisdiction. f. Maintenance of Pazks, 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 Pazks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly (7wned 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 aze 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 e:!ctent they aze provided to similaz territories elsewhere in the City, including: a. Library services from existing and iFuture facilities in accordance with standard policies and procedures. b. Health services in accordance with standazd policies and procedures. c. Other City services, to the extent aFrplicable to persons or properties within the tract, in accordance with standazd 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 6099 Lewis Foster Dr., 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 putrlic water or wastewater facilities aze necessary at this time. Future extensions of public water or wastewater facilities will be covered by standazd policies grid 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 device;. 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 enlazged 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 Fairlea Pazk and Lakeview Park. Additional capital improvements aze 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 pazks, 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 e:~cept as provided by the act or other controlling law. Neither changes in the methodls or means of implementing any part of the service program nor changes in the respons;'ibilities 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 regulal:ions of Governmental bodies and officers having jurisdiction. EXHIBIT ~B-7" PROPOSED SERVICE PLAN VALERO (CLARK- IiOUP) I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Cc-de. 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, which refers to this plan and specifically renews this plan for a stated period of time. The present in lieu of tax agreement via Resolution 98-289, with CLARK REFINING expires December 31, 2008 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 azeas of the City (including the tract) where differing chazacteristics of topography, land utilization and population density aze 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 "stand~~rd policies and procedures" means those policies and procedures of the City apF-licable to a particulaz 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. Eazly 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 sire 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 Chvned 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 aze 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 similaz territories elsewhere in the City, including: a. Library services from existing and suture facilities in accordance with standazd policies and procedures. b. Health services in accordance with ~standazd 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 aze 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 indicatedl. 1. Police Protection. Police protection far 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 6099 Lewis Foster Dr., additional capital improvements aze not necessary at this time to provide fire protection to the tract. However, the tract will be included with other territory in connection with plamung 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 anal procedures, and the tract will be included with other territory in connection with planning for new, revised or expanded water and waste wastewater facilities. Roads and Streets (including lighting). In general, the City will acquire dominion, control and jurisdiction in, aver 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 strE;ets and future installation of related facilities such as traffic control devices or streetlights will be governed by standazd policies and procedures. The tract will be included with other territory in connection with planning for new, re:vised and widened or enlazged 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 Fairlea Park and Lakeview 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 azid 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 EXH 1 B 11r ~~B-8" PROPOSED SERVICE PLAN EQUILON I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. IL TERM This plan shall be in effect for a term often (10) yeazs 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, which refers to this plan and specifically renews this plan for a stated period of time. The present "in lieu of tax agreement" via Resolution 02-353, with EQUILON expires December 31, 2008 III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Eazly 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 chazacteristics of topography, land utilization and population density are considered as a sufficient basis for prowiding 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 "standazd policies and procedures" means those policies and procedures of the City applicable to a particulaz service which aze 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 aze 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 aze none to be maintained. Should any extensions t>e made within the tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (uicluding 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 aze none to be maintained. Should any such facilities be constructed by the City within the tract, the Pazks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly O~Nned 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 aze none to be maintained, and there aze 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, iri addition to statutory services, will be provided within the tract to the same extent they are provided to similaz territories 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 aze 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. 1. 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 6099 Lewis Foster Dr., additional capital improvements are not necessary at this time to provide fire protection to the tract. However, the tract will be included with other temtory in connection with planning for new, revised or expanded fire- fighting facilities. 3. Solid Waste Collection. No capital improvements aze necessary at this time to provide solid waste collection services within the tract as described in the eazly action program. However, the tract wily be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Inasrriuch as this tract is served by private water and wastewater facilities, no public water or wastewater facilities aze necessary at this time. Future extensions of public water or wastewater facilities will be covered by standazd 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 enlazged roads, streets or related facilities. 6. Pazks, Playgrounds, and Swimming pools. These services can be provided by using existing capital improvements. The closest existing facilities are at Fairlea Park and Lakeview Pazk. 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 pazks, 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 anal 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 EXHIBIT ~B-9" PROPOSED SERVICE PLAN OXBOW CALCINING LLC I. INTRODUCTION This service plan (plan) is made by the Cit}~ of Port Arthur, Texas (City) pursuant to Section 43.056 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 ibis plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council, which refers to this plan and specifically renews this plan for a stated period of time. The present in lieu of tax agreement via Resolution 01-308, with Great Lakes Carbon Corporation expires December 31, 2008 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 chazacteristics of topography, land utilization and population density aze considered as a sufficient basis for providing different levels of service. C. Definitions. As used in this plan, providing services includes having services provided by any method or means by which the Cite extends municipal services to any other azea 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. 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) yeazs and be substantially complete within four and ane-half (4 1 /2) years of the effective date of this plan, except as otherwise indicated. Police Protection. Police protection far 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 6099 Lewis Foster Dr., additional capital improvements aze not necessary at this time to provide fire protection to the tract. However, the tract will be included with other temtory in connection with planning for new, revised or expanded fire- fighting facilities. 3. Solid Waste Collection. No capital improvements aze 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 aze necessary at this time. Future extensions of public water or wastewater facilities will be covered by standazd 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. 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 aze 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 enlazged roads, streets or related facilities. 6. Pazks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. The closest existing facilities are at Fairlea Pazk and Lakeview Park. Additional capital improvements aze not necessary at this time to provide such services to the tract. However, the tract will be included with other temtory in connection with planning for new, revised or expanded pazks, 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, Hiles and regulations of Governmental bodies and officers having jurisdiction. 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 aze anticipated, inasmuch as the tract includes no residences. Non-residential service and future residential service will be governed by standazd policies and procedures. d. Maintenance of Water and Wastewater Facilities. As indicated in the Capital Improvement Program, below, it is riot necessary to acquire or construct any public water or wastewater facilities initially, so there aze 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). T1~e City will provide maintenance of roads and streets over which the City will have jurisdiction. f. Maintenance of Pazks, 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 Pazks and Recreation Department will provide rnaintenance 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 aze none to be maintained, and there aze 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 similaz territories elsewhere in the City, including: EXHIBIT e./ i~ J.~ ii. u, J J~.i VI\L.1• •._Lu.~J • u.. :1 •e;j V1V' .l _• ~ EXHIBIT ~~A~~ ~• .~::. ,~~'•: . r :.~,; 'i • ~ . ~ ~ • • • ~ , f 11 •r •' • . . • . I.~ Oxbow Calcin LLC 5 ~;ci-es of Tand, fore or less,. out of i:h -75 e B.C. Arthur survey of .. .~~:,~;~~_:1~t*:~. ~k=~_ . ' Jef~et-sari- County; 7e;ca5; said .tract being a ~~ ~ part- of and lying .+~~i Lhzri-'. _.' :=<.~_ "~'~ ~«'~4 ~ - ~.~~ City the "TracE• aiie" ofi QrdinancQ 69--36 of of Port ~- Ari:ntlt', Texas,~~ :.-'- `~` =ti^;"•~•--• ~~ r' ~~ . - adapted Septenrbsr I7; 19a"9; being general~iy dascrihz~' as fal logs; to-~#~:' ~. ~,;~_~:; ~~= ' "' - nt vlhith is the intersert a pci Segi7ti~hg at iQh of the Easterly wat~rllne ': ~ i7:~;r.,.; . of the Test tUt-nSng basin of saylar's Bayou 1~iit}t the PJorth~r]y-line of d' -~:'~~-~;,; r~:,,-;, • fort;l-foot (~LO'~ cauntx road projected in a t~l2sterly direction; . %~;t; -', ~~"•:-~.,~.~t T:7E!'lCE; ~Ci a' Piortheasterly direction a7 ong tfia Northerly right-of-clay . :'~j~•r ~~~: '.~- ~ ~ oad rv Qctsd and al an 7 i rre of s~~~ county r p 3 •tne tlorthprly 'right-of-Na ~,';,~~?`l; ~t ;-~~•. '~ 3~ S - '~ li~ia of tha ~q~Unty road, a distance.of 7200 , .,~_, .:., - i`eet; more or less, to a :-,•1~..,,, • ` ~ ;;~ aai~1t in ;fie ;~uthwester7y line of the p1-op ~ ;.~'•' = • ~'~ :~--~ prty leased b;~ K.C:S. to ':= S ~ ~ ~~-•' ~ ~~r~i- ~ ! • ` ~lat•r2n Peoleum Comttany; - - . _ ~ . ~rL.: •- -, ~-~ Northvresterly direction •along T11 a 1;ic";C~ line of '~~'- -; `~lw.~ ~.y the So~tthvlesterly ~ hj. L . ; said S•larren Petroleum Company l.ea-se, a distance_af 5D2.4.f~~, more or~ :~~~- .z~.c~~: 4. •~ " ~ . Z pss to. a poi nt for corrzer • ~ ' i ~~ - - ' ` ~ '~ ' ~J~j;CE, .in a ;lortheasterl .direction along nce t di s tha North~~rast~rly lire of. said' ''::_. 4j.-`=~.•",~ •.r• a s. '~ ~_ ;::'•.:~:~ •-~, more or Tessy tQ; bf Sao Feet • . a e, a s ~~!arren-~stroleum Coa~party ea f; , .; , - 1 ~ J I • • r • • • • ~~. rrhint' far corner; ~ ~ ~ ~ \ O~~ . ~ f }. f • •.. •=;: ; :~:~~:~' ''~ .Y C E in a (~orthwasterly direct~ien along ..1iE RC = . tha 5octthw2sterly line of - -•:~~~~`,=,~~;~s.~• .`?, '•-.=,~ , . : ' ~ . _ ~. 450 fezt, more or a?d tilarr~tr Petroleum Company lease, a distance og ";.• =~:~~ . ... - ,. ` . ~ . _ e tq a pains: for corner; ~ ! .5 s ~ ' •.;,~ _ ~;~ ' ~ . , = `' - . ~ .. ,. . ;; • ~ direction -along f r} a ~iorthea ;terry .?Y~G~~ .• ,. , . ~ th? ~lot-{frriesterly lire of paid • ~, ~ ~a .~~~~~~ •.,... .,~: r-: ~~, r,. ~ ~l - 3 ,. Company lease a distance 4~d4~re~ri Fet-t'oieum -~~ __• • *~.~:. -; ess- of 471.2 feet, trora ar C, • . - t~ ~ point for corner- ~. ,~ _- . - .: ~~ ' `~ = ~~=~"'~~ "• i~t a Southeasterly direction along Tj;cFiCE the forth°ast2rly line 0` •;r ~}; :;:~^~: :!; ° , , ,=,: _ {: , • Petroleum Company Lease a distancz off' 45D faet, Mare ot l~tarrer •--ai:! ~ ~ . - - to ~ paint for corner; 7 ~Ss ~ , ~ ~ ' - -'~` : . ' ' ~~ s 'in a *lortneasterly direction along 7"}1E'P~CE ~. ~. the i~or'~n~esterly lira of • ... ' • + ~~ ' ; • 00 feat more or ~~;d -~, ayL e adistanceof2 ~ ~ ~a rerr Fetraleun Conp n eas -: .,~_ .. ~ l ecc y iro ~ paint for corner;. .. _ _ .. _ •-. ::', ~ - _. f '' - terl - direction along ': H6~JCE, in a 5otrtheas y . _ ; the t(ortheast~rly tin°- of said ~ :. Wore or less, to - t 30 'f kd - Petroleum Company Lease, a distance , ea of 4 ~1 1 Frl ;l•~~itrit for corner; said point being 100 feet 1;orth,rss'terly of the cen er~ ,. "t ~ rye of 'tai afore~nenti aped county road; _ , . , direction along a line parallel to,ahd 100 '~ -•~ ~' 7 {fCt~~;E, ire a Hgrtlteasterly • -tpet ~•lortljwesterly of the centerline of said coltnty t-oad,~ab~ingal00 feet ' ' ', c^,70 feel:, Wore or 1 ess , •to a point for corn~r> said poi n ~ , mouth o` the centerline of the main tracts of thz.Kansas. City Southern tr,tc~~ Tezdtn,g to Grea: Lakes Carson Corpora; ion leased prop_rty; •• ` .. ~.. LU~UO•aJ ll:uu 'U'+unv~~ J~oU trttC.~11 ~uu:~ -+-+-. n~.M ~U17~U:1 r .•.~', :, • j • •. ' ~ . ` ' - \, `~~~~ Page 2 • '_ i ,~- _ .~ ' 7hElVc:E alo g a line ~•thlch is 100 feet South or and parallel to the :,_:.-• -::=:-'~-' ; ' n main 1 tracts in a generally- _`` -: •~~ ', said Kansas City Southern ine ~ ~ ~"~- ''~'~- ceni:et•iine of the tior '-~~~•• -"~•' ~~.'= direction tv a point trhich is• ors th2asterl,~-,line: of the -~--•:;:~~. ~,, ilar,:eri--Petrol e'um- Company Lease; .. - - :~- .. .-. - - .-.. - - , t' :- ~: •;,~;`~-• '- ' ~~ ~1fitNCE ~ fn a Northwesterly direction to a point Yrhich is 25 feet South-'-f:_ ~_;~~;.. ~;;;_ ' e•of said Kansas City Southern Hain line; =`~~~•'~<':~'`'• • ~.. . , r= `. easterly of the centerl in : ~ =y,"=,::~ _ ; . =-,. and Southeasterly direction ~ ~ ~ ' ~''' •-~.~'';_ ~, - .-' Z}IEP4CE, i~ a Sauth~desterly, S~lesterly, Southerly~af. ..`~ . :. i ch i 1 to and 2 .j-~ : " ~'' 'F~followin~~;a'iang a line wh s paralle 5 feet = 1]°2x'23" ...- -"~"~'~,- `~ _ '' on~ Ta 7 or's Bayou, and around a curve o, .. - ..• '' ~~~'. said :nail ~~~'t,i.~e; aT Y t turnip of Tay7o 's • . ~'~-,;: ~_ •, ~ 6' to a flint on the rtes 9 basin r =';.' __r- :-. ., s~ni:t an g1;~',of 119 Z P ~,- , •~ ..:_. ,r` y di rection along the Nest turning basin; a % _. '' =~ ~~• = ;~;~• TNENCE; in~ a So~thwesterl t"~--' _:' said W°st turning basin- %- ~-~ = ~ ` ''• • d9startce of 2S feet to the waterline of ~ - r•~~~~':_ ii„ ~:. e of said " "~'~• a Southeasterly direction along the East tlaterlin •~ :'-`~• ':.~ •' THE1~C~, in docklZne of Great LaS:es Carbon - ~- = -~.::_~. ' ' :. !•JQst turning basjn, Ylhic): -is also the line of th ` rementionQd - ••r -`'' ~° ~:.~. :. ;~ . : - r ti to a point on the Iiorthwesterly a a'~' _.•, . . ` .Cut-pars o~,, b di rect•ion; said point bztn the P1 ace - ; : _~ , ;±~.•! -_ " .cauc~i. .road roject d' in a Westerly "'~•' of F y-tnningpof-the herein described tract; said tract. contain ng 75.x -,._rri,., _ °-s furtftar described an Exhibit-"A-1" -~,:~- ~ :• •:~~ ~ 'acres of ~i and, more- ar 1 ess , and bey nq - _ _ _ _ .. ~,T:;` ;~ ;,;. d incor orated herein - - _ :,~ . -~~~-_ ~.. 'attucht-d hereto an P ' ~ - _ -. -~,~~;': ~: •,::,NA____-~~, r ,C Arthur Survey of .Jeffer- • ", :. - .:"= ~~,•~. 43 ~-cre~ of .jartd, fiore•or less, out o' art of and lying within Tract •• ••. •;-:;,1,::. .~ ~. • ion Co+.ir.ty, Texas; said tract being a P adopted Sep" • •.' ; ~" .bf flrdinan~e a the Cit of Port Arthur: Texaa,~it_ - . ,- '~`'+:-.. 6Q-36 f y -•t . ~'~_ Qn bean enerally described as fa11o:•t~; _ :,.;~ •, ~-.•-~ . te7iberi~ 77, 1969; 4 9 _ _ '. .:- ~•~.,. o the Easterly rta~erl'~ite • •`_:-=:.;-;;:•~. :`• ._....: ~ c ~ 'ntersection f -- :, a pc~rtt tthi h ~s the ~ ...• . ~,:.. ~,ec:~nrnc~ttq at basin of Taylor's Bayou With t1--e Southerly line af.a. - "-`•} -•....; ', of -the~ t•lest turning .. _ ~ , ~; ' ed in a Iesterly :direction, _~ ,~;•a~ ~; i'nrty-rao t (40') county road pro3ect ,; . '-~.:_: • the Sodt~erly right--oi -way __ _ ~: f~.'~=:~Y ; r•°~ . ~C~IE~trEs ;n a i~ortfiaasterly directioandlalong tne~Southerjy right-of-gray `:.• .. ' d ro ected ~ •J '"~' to the - ., .:'•- ~it~e of said county road pa ~ 'of"420 feat] tsora or less;- ' - - :;::• .:; . . :'li~tp cif ~~ the county r distance - _ _ ~. -: . •: the hereinafter described tact' •.- • aint:oF beginning of t - _ . '`F• -':`' ~,}~ • fi . •tl~EI1CE, continuing in a Northeasterly c~orec~euntylt'oadtha -distahceyof • -. r ^,~ y Said- fatty--foot (4 orrz - " - • _ _ , fight-•ot, r line ofi c ar, . = l5Q feet ~ more or less to a point. for - . _. t•- • ~ a distance of •125 feet, more or~' -:~ • ~. 1'}l~~iCE; in a Southeasterly direction... _ _ - - .. . • '": , ~. •T~: ;, to a point far corner; _, .. - _ -- - . _ c~• ; ti•• - : _ LU-UJ~dd 11. U: '(J'lUJ UJJ J-IUU IJKt.il j.:11'V:J -.~-+ blM .j~Jlljy/U11 1 ~•" .. ~ Page ~ .. •. 1 .fit ;, _ ~ •. _ \\`` `,~; ~~ ''.. ~~HEP1C1=, in a 5outhvresirerly dzreci:jon, along a Tine parallel to and 325 , = ~• '• r -•• 4~; _ `t' feet from the Southerly right-af-~r~ay_line of said count raid a d •.~~" • Z feet, more or-less,~-to a poini:._.for corner; =._: -'--;_„t~1 ;'r '~ '. .Tk~~dCEr, •in a Pior-thwesterl` direction; a distznce •of -25 • • • ~~t,_~,f•. ', , Y 1 feet to a'. poin~~ ~'.. '..on the Sou~heriy "lino of said county road and the pjace. of 8eg~nning pf ~ - •' - ~` !j~ =•'~'` • /4h~ herr:in described tYaci;; said •tract containing .~'3 acres oi` land', mom-' °'~'?",•':. •• ~~ ' •or;;~Z2ss, and being ft1?'ther described an ~xh~bi~ "a-Z" attachsd.heret • ~-~'•`'" ~~ °.~ '.'inFgx Qr-aLed herein -= = - _ _ - _ a ahd•~ :..' 17) a`:~r':a~•~- .r',,l', A• ..: •. " -.w~~ ~~' •!. j ~ - ~ ~ - i'-~~ '• '• '~•~• ,1,, '!...that.-~•'~_ i:l 'r~ ~~ .f• •tii!: ~•~~,.tL ,fy^ ~. r•• ~.•J..•`•i••.-: ...,.i .: :~':~•. ,a. f ~ _ '••! •r1r '.~ .-` ~. ! .~`\_ •/;: •,•• ~."'•~ 1 +~~.~~ ~,•, .lr t, t•ri1•rl•':r'•1`JT '•_i. •.r~ •~{':a~ •l j'~". -~•• _ ~• - : '. T. •?•.- •: ~.~. ~~ ~`~ :t~7 •~•'~J~ L. /,.~ s,t' :~~.',•..•. ~J'f• .1 r•-•7. .v~~ •r /.~ •,.~. - •,/ •~ ,. «,~ , '1 Lr J•~:•~+,-- -, ~y,- ,r / _.. _ ..~ ~7 ~ij~ ~•_ ~ ra r: .~J.. •~- r ~,V' ~: _Y ~ •'• •`- •l. ,r~. ,pl. ;• r~ Iii' 111_,,, ~((-~ ,i• r• - _ :•' w:. - ' ~i .. '~~~ •• •l~ ~• ._~ -:~ 't'-i. t. ~.~;'•~.'.- •i1 !: ~t•'•a•_ .l-= ••~'•, •'~'; .-t ,-1 .. .r"_ _ .:.1: _ - •(- _ - ,.f ~ ~i~ 1'• S.r .5~~ 9•, .~. ~r' ~'~r .' ,i „~••./jf~•! •i.. .•}t•.•r~ •'/'~f ;t:'='..wi'~` '\~ f~~•• -. J1.•1~. ~~_: .J~ _-•L.ir•'~~- •.. .•~•, •(1 •. J~ •~• - ~• i•J •. •~.: ~,1TM.•, ~, •1.l~-I• ~~' r ~~ ~ ~ ff• t -~_ •",•3• f I ^~ •~~~.~{ f•~~i• ~' : ,' • ~. ~V 17• l• 'V~•,y `'r `~ i_ /~' -;-j••'••'..:~:' - - ~ 1 .a• _rJ~i: t ~ ri r.•' ~ , •.a ;. `~ .r• ~: r_:~ ~r~ r•:'.i t - 3• ~ r-a_ Lam' i~ ~tf. '^~ :r; '' •~ F •r t '` _ •;y•it' ~ ~• +• :~.%• ~;~ •-: - 1, •:: _• ': •~i i •a =• •~t~ •'.t- ..•,r~'r•. .if}'. ~'~!• •1. •ly' •~ •.'Z .I. ``. `. F~'. .!:' •,_ ~• f _. ,fy !.. ,'•r 1•~.~•'• .v a •....r ':`~.• •jl,•-•~r =•F•j i.• try Z'f •; It .•~~ •. _•,I• ,[' :A.~;-~~ : { ~ .,i!J~' ~ : •?J _ ~`i.. •~ •~ ~• . i :. ~. ~ •~: • -.'1•.- ~ t., a• S '~' . . '.:.. r. ~~• •_•Y ,i~ ~`•_ Imo' ~• ~•f' • ~ ~ `, _ ~ - ~ - r. Its •- - ~ - .. _ ': ,`.•`1i ., _., ~ ~ ~• - .,i:,•+-' •_"•• •, •; • EXHIBIT ~B-10" PROPOSED SERVICE PLAN FLINT HILL (formerly-HUNTSMAN) I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. II. TERM This plan shall be in effect for a term often (10) yeazs 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, which refers to this plan and specifically renews this plan for a stated period of time. The present in lieu of tax agreement via Resolution 03-296, with Flint Hill (Hunstman) 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 aze considered as a sufficient basis for providing different levels of service. C. Definitions. 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 azea 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 particulaz service which aze 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 similaz 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 aze 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 aze 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 aze none to be maintained, and there aze 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 aze provided to similaz temtories elsewhere in the City, including: 6. Parks, Playgrounds, and Swimming pools. These services can be provided by using existing capital improvements. The closest existing facilities aze at Fairlea Pazk and Lakeview Pazk. 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 pazks, 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 aze 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. a. Library services from existing and future facilities in accordance with standazd 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 standazd 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) yeazs and be substantially complete within four and one-half (4 1 /2) years of the effective date of this plan, except as otherwise indicated. 1. 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 6099 Lewis Foster Dr., 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 aze 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 standazd 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, aver 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 enlazged roads, streets or related facilities. EXHIBIT EXHIBIT ~B-11" PROPOSED SERVICE PLAN PRAXAIR I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. II. TERM This plan shall be in effect for a term often (10) yeazs 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, which refers to this plan and specifically renews this plan for a stated period of time. The present "in lieu of tax agreement" via Resolution 02- 315 with PRAXAIR expires December 31, 2008 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 chazacteristics of topography, land utilization and population density aze 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 particulaz service which aze 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 chazges be paid and may include eligibility requirements and similaz 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. Solid Waste Collection. No residential collection services aze anticipated, inasmuch as the tract includes no residences. Non-residential service and future residential service will be governed by standazd 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 aze 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 Pazks, 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 aze none to be maintained. Should any such facilities be constructed by the City within the tract, the Pazks 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 aze 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 aze provided to similaz territories elsewhere in the City, including: a. Library services from existing and future facilities in accordance with standazd 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 standazd 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 aze necessary aze 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 6099 Lewis Foster Dr., additional capital improvements aze 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 aze 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 aze 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 aze 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 standazd policies and procedures. The tract will be included with other territory in connection with planning for new, revised and widened or enlazged 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 Fairlea Pazk and Lakeview Park. Additional capital improvements aze 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: GOVE1tNING 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 EXHIBIT "C" PROPOSED SERVICE PLAN FOR AREAS AND SUBSTATIONS WHEREIN ELECTRICITY IS DELIVERED BY ENTERGY TO INDUSTRIAL CUSTOMERS IN THE CITY'S ETJ I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. These metering locations are either in the property owned by industrial entities in the City's ETJ or in adjacent substations. For example, the metering locations are located in or adjacent to the industrial facilities of ATOFINA, BASF/FINA, BASF, CHEVRON PHILLIPS, CHEVRON U.S.A., CLARK, CLARK HOUP, EQUILON, GREAT LAKES CARBON, FLINT HILLS, PRAXAIR OR TOTAL. 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, which 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 inexistence 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 anal may include eligibility requirements and similar provisions. D. Early Action Programs 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 j 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 territories 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. 1. 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, which includes but is not limited to the fire station located at 6099 Lewis Foster Dr., and 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. This includes Adams Park, Bluebonnet Park, County Park, Eagles Park, El Vista Park, Fairlea Park, Lakeview Park, Lakefront Park, Lakeside Park, Lincoln Park, Montrose Park, Reynolds Park, Rose Hill, Texaco and Washington. 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.