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Home My WebLink AboutPO 5912: EXPANSION OF JBS PACKINGinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark Sokolow, City Attorney ~~ Date: July 25, 2008 Subject: P. O. No. 5912; Council Meeting July 29, 2008 Attached is P. O. No. 5912 as it pertains to transferring land to the City of Port Arthur Section 4A Economic Development Corporation with an Incentive Agreement for the expansion of JBS Packing. This matter will also be: discussed in Executive Session. MTS:gt Attachment cc: Floyd Batiste z.po5912 memo P . O . Nc~ . 5 912 07/25/08 gt ORDINANCE NO. AN ORDINANCE AS IT PERTAINS TO TRANSFERRING LAND TO THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION WITH AN INCENTIVE AGREEMENT FOR THE EXPANSION OF JBS PACKING WHEREAS, the City Council purchased a parcel of land adjacent to the Boardwalk from the Port of Port Arthur; and WHEREAS, the City has received a development request attached hereto as Exhibit "A"; and WHEREAS, the City desires to deed the property to the City of Port Arthur Section 4A Economic Development Corporation for incentive purposes as to encourage the development thereof; and WHEREAS, the City of Port Arthur shall receive $ from the City of Port Arthur Section 4A Economic Development Corporation, if the EDC concurs w=ith this transaction; and WHEREAS, the City of Porn Arthur Section 4A Economic Development Corporation is encouraged to negotiate a development agreement with J.B.S. Packing as to promote jobs, and build the facility in a timely manner; and WHEREAS, the motif of the buildings and the layout shall be made so that it will encourage the development of the remair.~der of the area as an entertainment and restaurant area wherein spectators can also observe the seafood indu:~try. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY z.po5912 OF PORT ARTHUR: Section 1. That the fact: and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute the deed to the City of Port Arthur Section 4A Econ.omic Development Corporation in substantially the same form as attached hereto as Exhibit "B" wii~h a reverter clause. Section 3. That the final incentive agreement will require approval of the City Council. Section 4. That a copy oi= the caption of this Ordinance be spread upon the Minutes of the City Council. Section 5. That this being an Ordinance amending a.n Ordinance which does not carry a penalty, and does not require publication, it shall take effect immediately from and after its passage. READ, ADOPTED AND APPROVED on this day of , A.D., 2008, at a Council Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor City Council NOES: z.po5912 MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.po5912 EXHIBIT "A" J.B.S. PACKING 1 N C. (409) 982-3216 FAX-982-3549 May 30, 2008 Mr. Steve Fitzgibbons City Manager City of Port Arthur 444 4`h Street Port Arthur, TX 77642 Dear City Manager: ~u~ .. ~ zoos \~ On behalf of J.B.S. Packing, I am requesting the City of Port Arthur to sell me a parcel of land owned by the City. This land is located apt the South end of Houston Avenue. The description, as shown on the city map, is N 53°-21'-11" W, 483.46'. W'e are requesting to buy a tract measuring 150' W by 300' long, or 45, 000 Sq. Ft. This land was purchased by the City of Port Arthur on April 16, 1999, under Resolution No. 99-83. The City purchased fourteen (14) acres from the Port of Port Arthur for $200,000.00 each, costing the City $14, 285.71. This land will be used to construct a buildiing that will house freezer equipment and frozen shrimp. This will eliminate any ba.d odors coming from the building. The building will cost J.B.S. Packing $1,000,000.00 dollars. This project will hire fifty (50) new employees, with a payroll of approxirriately $950,000.00 a year. The estimated water bill for this project is $2,637.00 per month. J.B.S. Packing promises the; City Council to make an all out effort to hire only Port Arthur citizens. At the present time, 99% of J.B.S. Packing employees are Port Arthur citizens. We at J.B.S. Packing hope that you will see this as another opportunity to put our people to work. 'ncerely, ..Gt~ Jack Hemmingway Owner, J.B.S. Packing 101 HOUSTON AVE. PORT ARTHUR, TEXAS 77640 EXHIBIT "B" SPECIAL WARRANTY DEED Date: Grantor: City of Port Arthur Grantor's Mailing Address (including County): P. 0. Box 1089 Port Arthur, Jefferson County, Texas, 77641-1089 Grantee: City of Port Arthur ;Section 4A Economic Development Corporation Grantee's Mailing Address (including County): 4173 39t'' Street Port Arthur, Texas 7'7642 CONSIDERATION: For the creation of jobs by J.B.S. Packing per an Incentive Agreement to be approved by the City Council, per Reso:iution No. The creation of jobs is considered a public purpose. Pursuant to Section 253.011 Local Government Code, the ownership of these tracts will automatically revert to the City if the City o:E Port Arthur Section 4A Economic Development Corporation fails to use 1=his property for this public purpose. PROPERTY (including any improvement): See Exhibit "A-1" RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Thais conveyance is made expressly subject to all easements, rights-of-way, restrictions, covenants, and conditions and all exceptions reservations, and conveyances of minerals and/or royalties, oil and gas and/or mineral leases, visible ox- recorded in the Deed Records of Jefferson County, Texas, affecting tYie above described property, and to all zoning laws ordinances, rules and regulations of municipal and/or other governmental authorities>, but only to the extent th<~t same are in force and effect and relate to the above described property. This conveyance is also made subject to all state and federal laws and regulations, if any, affecting said property though they may be unrecorded. Grantor, for the consideration and subject to the reservations from and exceptions to conveyance and warx-anty, grants, sells and comaeys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise be]_onging, to have and hold it to Grantee, Grantee's Heirs, executors, administrators, successors, or z.special warranty deed jbs assigns forever. Grantor binds Grantor and Grantor's heirs, executors, administrators, and succe:~sors to warrant and forever defend all and singular the property to Grantee and Grantee's hears, executors, administrators, successor:, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof except as to the reservation: from and exceptions to conveyance and warranty, when the claim is by, through, or under Grantor, but not otherwise. EXECUTED on this the day of GRANTOR A.D., 2006. CITY' OF PORT ARTHUR BY: STEVE FITZGIBBONS CITY MANAGER ACKNOWLELIGEMENT THE STATE OF TEXAS: § § COUNTY OF JEFFERSON: § BEFORE ME, THE UNDERSIGNED Notary Public, on this day personally appeared Steve Fitzgibbons, City Manager of the City of Port Arthur, known to me to be the person whose name is described to the foregoing instrument, and acknowledged to me that he executed the same as 1=he act and deed of the City of Port Arthur, for the purposes and considerations therein expressed, anti the capacities therein stained. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of A.D, 2008. NOTARY PUBLIC, STATE OF TEXAS z.special warranty deed jbs APPROVED TO AS TO FORM: CITY ATTORNEY Return to Grantor: City of Port Arthur Legal Department P. 0. Box 1089 Port Arthur, TX 77641-1089 AGREED TO: CITY OF PORT ARTHUR SECTION 4A ECONOriIC DEVELOPMENT CORPORATION BY: z.special warranty deed jbs EXHIBIT "A-1" WILL BE FORTHCOMING AFTER A SURVEY IS PERFORMED