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MEMORANDUM
To: Mayor, City Council, and City Manager
From: Mark T. Sokolow City Attorney ~v''2~ ~.~,.L~---'.
Date: August 22, 2008
Subject: P. R. No. 14861; Council Meeting August 26, 2008
Attached is P. R. No. 1486]_ setting public hearings as to
review the Service Plans for the annexation of the properties and
receive comments from the public on the proposed annexations. We
are negotiating "in lieu of tax" agreements with several oi= these
companies. If the negotiations are successful, we will not: annex
their properties, except for the substations and major e]_ectric
meters.
MTS:gt
Attachment
cc: Terri Hanks, Acting City Secretary
Colleen Russell, Director of Planning
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P. R. No. 14861
08/22/08 updated gt
RESOLUTION NO.
A RESOLUTION SETTING PUBLIC HEARINGS AS TO
REVIEW THE SERVICE PLANS FOR THE ANNEXATION OF
THE PROPERTIES AND TO :RECEIVE COMMENTS FROM
THE PUBLIC ON THE PROPOSED ANNEXATIONS
WHEREAS, the following companies have "in lieu of tax" or
"industrial district agreements" with the City of Port Arthur that
expire this year, to wit:
• Atofina by Res. No. 01-301 (~?002-2008)
• BASF/Fina by Res. No. 98-291 (1999-2008)
• BASF (Old Sandoz) by Res. No„ 07-439 (2008)
• Chevron Phillips by Res. No. 03-355 (2004-2008)
• Chevron USA by Res. No. 03-3_`i4 (2004-2008)
• Clark by Res. No. 98-288 (2004-2008)
• Clark HOUP by Res. No. 98-289 (1999-2008)
• Clark (now Premcor) by Res. rdo. 03-297 (1999-2008)
• Equilon by Res. No. 03-353 (?004-2008)
• Great Lakes Carbon by Res. No. 01-308 (2002-2008) (now Oxbow
Calcining, LLC)
• Huntsman by Res. No. 03-296 (2004-2008) (now Flint)
• Praxair by Res. No. 02-315 (2003-2008)
and
WHEREAS, Entergy has metering locations and substations in the
City's extraterritorial jurisdiction (ETJ) and in these industrial
areas that the City seeks to annex; and
WHEREAS, the City desires to annex the properties as de~ocribed
above that are located in the extraterritorial jurisdiction. (ETJ)
of the City of Port Arthur, as well as the necessary adjacent land
to connect thereto so that the annexed property will be contiguous
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to the existing corporate limits and at least 1000' in width; and
WHEREAS, service plans or an inventory of services have been
prepared in accordance with Chapter 43 of the Local Government
Code; and
WHEREAS, two (2) public hearings are required by Section
43.052 of the Local Government Code, with due notice; and
WHEREAS, the City still desires to continue to negotiate In
Lieu of Tax Agreements with indu:~tries that continue to promote
growth for the companies and that provide employment opportunities
for Port Arthur companies and residents; and
WHEREAS, this annexation is necessary to protect the general
health, safety and welfare of the persons residing within or
adjacent to the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF TH:E CITY
OF PORT ARTHUR:
Section 1. That the facts and opinions in the preamk~le are
true and correct.
Section 2. That the public hearings on the service plans
and to receive comments from the public on the proposed annexation
will be scheduled on November 11, :?008 at 6:00 p.m. and on November
18, 2008 at 7:00 p.m. The projected date for the adoption of the
annexation ordinance is December 7L6, 2008. The effective date of
the annexation, if approved, will. be December 31, 2008 at 11:59
p.m.
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Section 3.
That the City Secretary shall send a certified
copy of this Resolution to railroad companies that may own land in
the area, as well as utility services providers that service the
area, by certified mail, return receipt requested. This includes,
but is not limited to, sending notice to the Kansas City Southern
Railroad Company, the Southern Pacific Railroad Company (now known
as Union Pacific Railroad), Entergy Services, Inc., Southwestern
Bell (now known as AT&T SouthwE,st) and Texas Gas Service, a
division of ONEOK, Inc. (formerly Southern Union Gas).
Section 4.
That the City Secretary shall send a certified
copy of this Resolution to the property owners at least thirty (30)
days before the date of the public hearings and to the public or
private entities that provides services in the areas to be annexed.
Section 5.
That the City Secretary shall post and
advertise the required notices for the public hearings at least
once on or after the 20th day, but before the tenth day before the
hearings, as required by Section 43.0561 of the Local Government
Code. The publication notices shall be October 26, 2008 and
November 2, 2008 and at such other dates deemed necessary as to
comply with the annexation laws.
Section 6.
That the notice shall also be posted on the
City's Internet site from October :?l, 2008 until November 18, 2008.
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Section 7. That the City Attorney shall notify the Justice
Department, via the appropriate submission.
Section 8. That a copy of= the caption of this Resolution
be spread upon the Minutes of the City Council.
READ, ADOPTED AND APPROVED on this day of
A.D., 2008, at a D~eeting of the City Council of
the City of Port Arthur, by the following vote: AYES:
Mayor
NOES:
_:
MAYOR
ATTEST:
TERRI HANKS, ACTING CITY SECRETAR~C
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
CITY MANAGER
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