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HomeMy WebLinkAboutDECEMBER 16, 2008 REGULAR MEETINGDELORIS "BOBBIE" PRINCE, MAYOR STEPHEN FITZGIBBONS JACK CHATMAN, JR., MAYOR PRO-TEM CITY MANAGER \~ .. ~~ ~~ ~ ~ TERRI HANKS ~-_ Energy _ COUNCIL MEMBERS: Cl~ Of ~; Ciry ACTING CITY SECRETARY ~ ~1 MARK T. SOKOLOW ELIZABETH "LIZ" SEGLER ~ MORRIS ALBRIGHT, III ~ CITY ATTORNEY MARTIN FLOOD JOHN BEARD, JR. 0 T t r t h u r ROBERT E. WILLIAMSON D. KAY WISE TexCIS THOMAS J. HENDERSON • • l ouncl . e u ar ee in ec~m er ~ ~ - : .m. In com liance with the Americans With Disabilities Act, the p Ci of Port Arthur will rovide for reasonable ~' p accommodations for ersons attendin Ci Council g ~Y p meetin s. To better serve ou re uests should be received 24 g ~' ~ q hours rior to the meetin . Please contact the Ci ~ p g Secreta 's Office at 409 983-8115. ~' ~ P.O. BOX 1089 • PORT ARTHUR, TEXAS 77641-1089 ~ 409/983-8115 • FAX 4091983-8291 PLEASE TURN OFF OR MUTE ALL CELL PHONES I. INVOCATION, PLEDGE & ROLL CALL Mayor Prince Mayor Pro Tem Chatman Councilmember Segler ~ CouncilmemberAlbright lll ~ Councilmember Flood ~ Councilmember Beard CouncilmemberWilliamson ~ ' Councilmember Wise ., Councilmember Henderson City Manager Fitzgibbons Acting City Secretary Hanks ; ~ City Attorney Sokolow ~ ~ Sergeant At Arms: ~ Police Chief Blanton Or Designee ' II. PROCLAMATIONS & MINUTES Proclamations ~ Minutes December ~ , 2008 Special Meeting ~ December 2, 2008 Regular Meeting December 8, 2008 Special Meeting . December 9, 2008 SpeciaUJoint Meeting - Pleasure Island Commission , December 9, 2008 Special Meeting ~ III. PETITIONS & COMMUNICATIONS A. S eakers ~ None ~ B. Presentations Presentation B James Green 9th Grade Student On Youth Classes S onsored B Y ~ ) p Y The City Of Port Arthur , C. ~ Correspondence None ; AGENDA DECEMBER 16, 2008 IV. PUBLIC HEARINGS-7:00 PM . TO CONSIDER WHETHER OR NOT TO CREATE A REINVESTMENT ZONE FOR TAX ABATEMENT ON "134.019 ACRE TRACT, ALSO BEING ALL 4F LOTS 1,2,3,7, AND 8 AND A PORTION OF LOTS 4,5, AND 6, BL~CK 11, RANGE "CJ", ATTACHED HERETO AS EXHIBIT "A". 19.916 ACRE TRACT, ALSO BEING OUT OF LOTS 5 AND 6, BLOCK 11, RANGE "Q~, ATTACHED HERETO AS EXHIBIT'"B". . ~ V. UNFINISHED BUSINESS-None ~ , VI. CONSENT AGENDA NOTICE TO THE PUBLIC: ~ The Following ltems Are Of A Routine Or Administrative Nature. The Council Has Been Furnished With~ Background And Support Material On Each Item, And/4r I~ Has Been Discussed At A Previous Meeting. All Items Will Be Acted Upon By One Vote Without Being Discussed Separately Un~less Requested By A Council~ Member Or A Citizen, In Which Event The Item Or Items Will Immediately Be Withdrawn For Individual Consideration In Its Normal Sequence After The Items ,!Not Requiring Separate ~ Discussion Have Been Acted Upon. A. Consideration And Approval ~f Payment To Stoneburner-l/erret E/ectric Company In The Amount Of $6,972.~7 For Installation Of Three 3;5-Ft. Class 2 Poles With Butt Ground And Two Guy Cables Per Pole On Three Individual Sites Which Were Damaged By Hurrica'ne lke B. Consideration And Approval Of Payment To Mustang Cat (Through BuyBoard~ In The Amount Of $132,902 For The Purchase Of One Caterpillar 928HZ Wheel Loader For The Landfill C. Consideration And Approval Of Payment To R. B. Ev'erett & Company In The Amount ~f $59,61 ~ For The Purchase Of A Trailer-Mounted DuraPatcher ~ 25DJT Pothole Patcher For The Streets Division ,, D. Consideration And A roval Of Payment To Houston Freightliner I n The Amount Of pp $83,148.99 For Repairs To A 2005 Chrysler Daimler Bus ('Equipment #1577) E. Expense Reports: Councilmember Bob Williamson: ~ ~ Attended 96t Annual TML Conference, San Antonio, TX ~ ~ctober 28-31, 2008 $1,612.77 2 ~ ~~ ~ ~ AGENDA DECEMBER ~ 6, 2008 ~ VI. CONSENT AGENDA - C~NTINUED Councilmember Dawana Wise: Airport Parking While Attending Annual NLC Conference, 4rlando, FL November 10-16, 2008 $ 105.00 Actinq City.Secretarv Terri Hanks: Attended LT System's 2008 Court User Conference, The Woodlands, TX December 4-5, 2008 $ 544.49 Attended 20t" Annual TX Secreta Of State Election Law Seminar, Austin, TX ~ December 7-10, 2008 ' $1,649.40 Resolutions - Consent ~ ' (1) P. R. No.14985 - A Resolution Awarding A Bid And Authorizing The Execution 4f A Contract With Gordon's Lawn Service For Grass Cutti~ng Services Of Privately- Owned And City-Owned Vacant Lots In An Area Of; The City Designated As Area B, To Be Charged To Account No. 001-1401-551.59-00 , (2) P. R. No.14986 - A Resolution Awarding A Bid And Authorizing The Execution 4f A Contract With Gordon's Lawn Service For Grass Cutting Services Of Privately- Owned And Cit -~wned Vacant Lots In An Area Of ~ The Cit Desi nated As Y Y 9 Area D, To Be Charged To Account No. 001-1401-551.59-00 (3) P. R. No.14993 - A Resolution Awarding A Bid And Authorizing The Execution Of A Grass Mowin Contract To Sout~heast Texas Lawn~ Maintenance For Grass 9 Cutting Services Of Privately-4wned And City--Owned Developed Lots In An Area 4f The City Designated As Area B, To Be Charged To Account No. 001-1401- 551.59-00 (4~ P. R. No.14994 - A Resolution Authorizing The Award ~f A Contract To Gordon's - Lawn Service For Grass Cutting Services Of Privately;-Owned And City-Owned Vacant Lots In An Area Of The City Designated As Area C, To Be Charged To Acco u nt N o. 001-1401-551.59-00 (5} P. R. No.14995 - A Resolution Awarding A Bid And Authorizing The Execution Of A Grass Mowing Contract With Southeast Texas Lawn Maintenance For Grass ~ Cutting Services Of Privately-Owned And City-Owned Developed Lots In An Area Of The City. Designated As Area C, To Be Charged To Account No. 001-1401- 551.59-00 , {6~ P. R. No. 15010 - A Resolution Accepting A Water Utility Easement From JJAT Property Development, LLC For The Construction, Installation, Laying, And Maintaining Of Water Utilities In The City Of Port Arthur ~ ~ ^ 3 AGENDA DECEMBER 16, 2008 VI. CONSENT AGENDA - CONTINUED (7} P. R. No. 15015 - A Resolution By The City Council Of ~ The City Of Port Arthur Requesting Financial Assistance From The Texas Water Development Board; Authorizing The Filing Of An Application For Assistan~e; And Making Certain Findings In Connection Therewith ~~ ~8) P. R. No. ~ 5019 - A Resolution Accepting The Sub-Recipient Award For The 2008 State Homeland Security Grant Program Projected At $135,000 For The State Homeland Security Program~ ~SHSP~ And $15,025.20 For The Law Enforcement Activities Program (LEAP) For A Total Award Of $150,025.20 ~ 9 P. R. No. 15020 - A Resolution Authorizin The Execution Of A Payment ~~ 9 Agreement Between The City Of Port Arthur And Fairway Plaza, LLC For The Payment Of Delinquent Water, Sewer And Garbage ~Accounts (10) P. R. No.15027 - A Resolution Authorizing The City Man;ager And Interim Director Of Parks And Recreation To Submit An Application For The 2009 National Recreation And Park Association Action Communities For Health, Innvvation And _ , Environment tACHIEVE) Grant ~1 ~1 } P. R. No. 15029 - A Resolution Awarding A Contract And Authorizing The Execution Of Said Contract In The Amount Of $120,650.00 For The 39th Street Lift Station Force Main Diversion Project .No. 426013, Between The City Of Port Arthur And SIMCO Enterprises, LTD, ~f Groves, Texas, Account No. 426-1625- 532.83-00, Project No. 4260~3 ~ ; 12 P. R. No. ~ 5030 - A Resolution To Approve And Accept The Certificate Of ~~ Substantial Completion For Renovations To The Second Floor Of The Port Arthur Health Department VII. ITEMS REQUIRING INDIVIDUALACTION-NON-CONSENT A. Resolutions ~1) P. R. No. ~4827 - A Resolution Appointing Or Reappointing A Member Or Members To The Pleasure Island Commission 2 P. R. No. 14973 - A Resolution Authorizing The City Manager To Execute An ~~ . Industrial District Agreement With TOTAL PETROCHEMICALS USA, INC. 3 P. R. No. 14987- A Resolution Authorizing The City Manager To Execute An ~) Industrial District Agreement With BASF CORP4RATION And T~TAL . PETROCHEMICALS USA, INC. ~ 4 ~ AGENDA DECEMBER 16, 2008 ' ~ VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-CONSENT - CONTINUED . , ~; , , (4) P. R. No.14992 - A Resolution As It Pertains To Authorizing The City Manager To Execute A Tax Abatement Agreement With Texas Offshore Port System Company LLC (T4PS) ; ,(5} P. R. No. 14997 - A Resolution Authorizing Funding Not To Exceed $30,000 For ~ An Economic Development Strategic Assessment And Implementation ~Plan Focusing On The Downtown Area Of Port Arthur To~ Be Developed By The International Economic Council; Said Funding Contingent On The City Council Of The City Of Port ~Arthur Concurrently Providing Funding For The ~ AssessmentAnd Plan; Said Funding Further Subject To Execution Of A Contract ForThe AssessmentAnd Plan, Including Agreed Timetables As To S Payments And Deliverables {6~ ; P. R. No. 14999 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With BASF CORPORATION FOR THE OLD SANDOZ FACILITY , (7} P. R. No. 15000 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With CHEVRON PHILLIPS COMPANY, L.P. 1 ~~~ ~(8) P. R. No.~~ 15001 - A~~~Resolution Authorizi~~ng ~The City Manager To ~ Execute An ~ ~ ~ ~ ~ ~ CHEV~R~N USA, INC.~ ~ ~ In~dustrial District ~Agree~ment With , (9~ , P. R. No. 15002 - A Resolution Authorizing The City ~Manager To Execute An Industrial DistrictAgreementWith PREMCOR REFININ~ GR4UP, INC. ! 10 ~) P. R. No. 15003 - A Resolution Authorizin The Cit 'Mana er To 9 Y 9 Execute An Industrial District Agreernent With EQUILON ENTERPRISES ~ 11 } ~ P. R. No. 15004 - A Resolution Authorizing The City; Manager to Execute An Industria~ District Agreement With OXBOW CALCINING, LLC . , (12) P. R. No. 15005 - A Resolution Authorizing The City ;Manager To Execute An Ir~dustrial District Agreement With FLINT HILL RESOURCES 13 P. R. No. 15006 - A Resolution Authorizing The City ~Manager To Execute An ~) ~ Industrial District Agreement With PRAXAIR, INC. ~ 1~ P. R. No. ~ 5007 - A Resolution Approving The Payment ,Of $34,000 To GreeneHill ~) Acres Phase I, LP 15) P. R. No. 15009 - A Resolution Appointing Or Reappointing A Member Or C - Members To The Construction Board Of Adjustments And Appeals ~ 5 AGENDA , DECEMBER 16, 2008 VII. ITEMS REQUIRING INDIVIDUAL ACTION - NON-C4NSENT - CONTINUED ~ (16) P. R. No.15016 - A Resolution Approving The Award Of A Bid By The City of Port Arthur Section 4A Economic Development Corporation And Authorizing The Execution Of A Contract For Construction Of Water, San;itary Sewer, Paving And Drainage Facilities To Serve The Port Arthur EDC B;usiness Park Phase II, Con~ract 1- Project No. EDC-090 Located At 9555 W. Port Arthur Road To Excavators & Contractors, Ltd. ~ ~ , ~ (17) P. R. No. ~ 50~ 8- A Resolution Authorizing An Amendment To The Program Guidelines And Contract For The "On-The-Job" Training'' Program Sponsored By The City Of Port Arthur Section 4A Economic Development Corporation a (18) P. R. Nol 15032 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With INEOS PHENOL ~ ~ (19) P. R. No. 15033 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With TOTAL FOR THEIR EXPANSION (20~ P. R. No. 15034 - A Resolution Authorizing The City Manager To Execute An Industrial District Agreement With AIR PRODUCTS , (21 } P. R. No. 15035 - A Resolution Authorizing The City ~Manager To Execute An Industrial DistrictAgreementWith TRANSGLOBAL SOLUTIONS 22 P. R. No. 15036 - A Resolution As It Pertains To The Department Club ~) (Requested By The City Manager) B. Ordinances ~ . ~ (1) P. O. No. 5925 - An-Ordinance Annexing Land That Was The Subject Of Industrial District Agreements That Will Expire On December 31, 2408, Land Adjacent Thereto, As Well As Annexing Substations And Metering Locations Pursuant To Chapter 43 Local Government Code, V.T.C.A. (2) ~ P. 0. No. 5957 - An Ordinance Designating A Reinvestment Zone For Tax Abatement On A 134.019 Acre Tract Of Land And On A~ 19.916 Acre Tract Of Land That Texas Offshore Port S stem Com an ; LLC Plans To Build A New ~ Y p Y , Crude 0ils Storage Terminal ~ 3 P. 0. No. 5962 - An Ordinance Authorizing Special W@rranty Deeds For Property ~~ To Beaumont Habitat For Humanity , 4 P. 0. No., 5963 - An Ordinance Approving A Collective Bargaining Agreement ~~ , .. Between ~The City Of :Port Arthur And The Port Arthur Police Association. , ~ Pro osed Fundin : Police Department Budget Account~No. 001-1101-521.1 ~-00 p 9 ; 6 ~ AGENDA DECEMBER 16, 2008 ~ VII. ITEMS REQUIRING INDIVIDUALACTION-NON-CONSENT - CONTINUED C. *Reports And Recommendations None *The City Council Can Act On Any Of The Above Reports And Recommendations As To Accept The Repo~/Recommendation Or To Request Additional Information And Records VIII. REPORTS OF BOARDS & COMMITTEES - None ~ IX. FUTURE AGENDA ITEMS OR REQUESTED REPORTS ~ Items For Future Agenda Consideration Or Reports From Staff May Be Requested But No Discussion 4f Any Item Or Request Shall Take Place X. ADJOURNMENT OF MEETING *******************************************************~****~***~*******~*************~********** NOTE: 1f Evening Meeting Extends Past 11:59PM, The City Council May Elect To Recess The Meeting And Reconvene At 8:30AM On December 17, 2008. During The Recess, No Action Will Be Taken On Any Item Of Remaining Business And No ~ Executive Sessions Wil1. Be Held To Discuss Any Matters, All In Accordance With The ~pen Meetings Law **********************************~********************~************~********~~**~*******~******* 7 1~ , t^ AGENDA , , ~ DECEMBER 16, 2008 EXHIBIT"A„ , BEING A 134.019 ACRE TRACT OR PARCEL OF LAND, ALL OF THAT SAME TRACT OF LAND (CALLED 133.9 ACRES~ AS CONVEYED BY DEED DATED MARCH 01, 2005 BY SHE:RIFF'S DEED T0 MOAK MORTGAGE AND INVESTMENT COMPANY, REC4RDED IN CLERK'S FILE N0. 20050~4347 OF THE OFFICIAL PUBLIC RECORDS ~F REAL PROPERTY, COUNTY CLERK'S OFFICE, JEFFERSON COUNTY, TEXAS, SAiD 134.019 ACRE TRACT ALSO BEING ALL OF LOTS 1, 2, 3, 7 AND 8 AND A PORTION OF L~TS 4, 5 AND 6 BLOCK 11, RANGE "0" OF THE PORT ARTHUR LAND COMPANY SUBDIVISION AS RECORDED IN VOLUME 1, PAGE 22 OF THE MAP RECORDS OF SAID COUNTY, ALL BEING SITUATED IN AND A PART OF THE B.B.B. & C. RR. CO. SURVEYS, ABSTRACT N0.'S 8~, 85 AND 86 OF SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS F4LLOWS; FOR tOCATIVE PURPOSES, COMMENCE AT A,518" STEEL ROD FOUND LOCATED IN DORSEYSTREET RIGHT OF WAY, A60 FEETWIDE PUBLIC DEDICATED RIGHT ~F WAY BY WAY OF THE M~NTROSE ADDITION SUBDIVISION PLAT TO THE CITY OF PORT ARTHUR, AS RECORDED IN VOLUME 7, PAGE.,69 OF SAID MAP RECORDS, THIS POINT ALSO BEING LOCATED ON THE EASTERLY LINE 4F THE LOWER NECHES VALLEY AUTHORITY (L.N.V.A.~ ~FORMERLY NECHES CANAL COMPANY} 100 FEET WIDE RIGHT OF WAY AS RECORDED IN VOLUME 269, PAGE 421 OF SAID DEED RECORDS AND ON THE COMMON BLOCK LINE OF BLOCK 12 AND :BLOCK 13, RANGE "0" OF SAID PORT ARTHUR LAND COMPANY SUBDIVISI~N, SAME POINT MARKS THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND ~CALLED 96.585 ACRES) AS CONVEYED BY DEED DATED MAY 30,1996 FR4:M ALMA HAYES TO ROBERT Q. KEITH (99%} AND PORT ARTHUR LAND COMPANY, LTD. (01%), RECORDED IN CLERK'S FILE N4.'S 96- 9617696 AND 96-9617697 4F SAID OFFICIAL PUBLIC RECORDS; ~ THENCE SOUTH 26 DEG. 20 MIN. 45 SEC. EAST ALONG THE EASTERLY LINE OF SAID L.N.V.A 100 FEET WIDE RIGHT OF WAY WITH THE WESTERLY LINE OF SAID 96.585 ACRE TRACT A DISTANCE OF 2053.17 FEET TO A 518" STEEL ROD WITH ALUMINUM CAP IN CONCRETE FOUND MARKING AN ANGLE POINT FOR CORNER; . THENCE. SOUTH 48 DEG. 41 MIN. 01 SEC. EAST CONTINUING ALONG SAID EASTERLY RIGHT OF WAY tINE WITH THE WESTERLY NNE OF SAID 96.585 ACRE TRACT, PASSING AT A DISTANCE ~F 715.37 FEET A 5/8" STEEL ROD WITH ALUMINUM CAP IN CONCRETE FOUND FOR REFERENCE AND CONTINUING FOR A TOTAL DISTANCE OF 738.27 FEET A 112~ STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET MARKING THE SOUTHWEST CORNER OF SAID 96.585 ACRE TRACT LOCATED ON THE COMMON BLOCK LINE OF BLOCK 11 AND BLOCK 12 OF SAID PORT ARTHUR LAND COMPANY SUBDIVISI4N, SAME POINT ALSO MARKS THE NORTHWEST CORNER 4F SAID 133.9 ACRE TRACT AND THE 8 i AGENDA DECEMBER 16, 2008 NORTHWEST CORNER AND PLACE OF BEGINNING OF THE HEREIN DESCRIBED T RACT 0 F LAN D; : THENCE NORTH 41 DEG.13 MIN. 55 SEC. EAST ~NORTH 41 DEG.13 MIN. 00 SEC. EAST 2540.0 FEET - PLAT) ALONG THE COMMON LINE OF SAID BLOCKS 11 AND 12 RANGE "0~ WITH THE SOUTH LINE OF SAID 96.585 ACRE TRACT AND NORTH LINE OF SAID 133.9 ACRE TRACT AND THIS TRACT A DISTANCE OF 1880.02 FEET (NORTH 41 DEG.13 MIN.11 SEC. EAST -1880.22 FEET - DEED 96.585 ACRE TRACT) TO A POINT MARKING THE SOUTHEAST CORNER OF SAID 96.585 ACRE TRACT AND THE COMMON LOT CORNER OF LOTS 1 AND 2, BLOCK 12, RANGE "0~, AND LOTS ~7 AND 8, BLOCK 11, RANGE "0", THIS POINT ALSO MARKS THE SOUTHEAST CORNER 0F THAT CERTAIN TRACT ~F LAND ~CALLED TRACT 3} AS ~ CONVEYED BY DEED DATED MAY 30, 1996 FROM SAID ALMA HAYES TO SAID ROBERT Q. KEITH (99%) AND SAID PORT ARTHUR LAND COMPANY, LTD. ~01 %) RECORDED IN CLERK'S FILE N0. 96-9617898 AND 96-9617899 OF SAID OFFICIAL PUBLIC RECORDS; THENCE NORTH 41 DEG. 31 M1N. 41 SEC. EAST (N4RTH 41 DEG.13 MIN. 00 SEC. EAST 660.0 FEET - PLAT) CONTINUING ALONG THE SA`ID COMMON BLOCK LINE WITH THE SOUTH LINE OF SAID TRACT 3 AND NORTH LINE OF SAID 133.9 ACRE TRACT AND THIS TRACT A DISTANCE OF 655.58 FEET TO A POINT MARKING THE NORTHEAST CORNER ~F SAID 133.9 ACRE TRACT AND THE NORTHEAST CORNER OF THE~ HEREIN DESCRIBED TRACT OF LAND, THIS POINT ALSO BEING LOCATED ON THE EAST LINE ~F RANGE "0~ AND THE WEST LINE OF RANGE ~N" AND ALS~ MARKS THE NORTHEAST CORNER OF L4T 8, BLOCK 11, RANGE "0", THE NORTHWEST C~RNER OF LOT 5, BLOCK 11, RANGE "N~, THE SOUTHEAST CORNER ~F LOT 1, BLOCK 12, RANGE "0~ AND THE SOUTHWEST CORNER OF LOT 4, BLOCK 12, RANGE "N~, SAME POINT ALSO MARKS THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND AS CONVEYED BY ~~ DEED DATED AUGUST 10, 1983 FROM NORTHWEST ACADEMY, INC. ET ~AL T4 THE JEFFERSON CCJUNTY DRAINAGE DISTRICT N0. 7, RECORDED IN FILM CODE FILE N0. 100-31-0504 4F THE REAL PROPERTY RECORDS ~F` SAID COUNTY; THENCE SOUTH 48 DEG. 44 MIN.11 SEC. EAST (SOUTH 48 DEG. 47 MIN. 00 SEC. EAST 2640.0 FEET - PLAT) ALONG THE SAID ~COMM~N LINE OF RANGE "N~ AND RANGE "~" WITH THE WEST LINE OF SAID DRAINAGE DISTRICT N0. 7 TRACT AND EAST LIIVE OF SAID 133.9.: ACRE TRACT AND THIS TRACT PASSING AT A DISTANCE OF 2609.77 FEET A%2" STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET FOR REFERENCE AND CONTINUING FOR A TOTAL DISTANCE OF 2639.77 FEET T0 A%2" STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET MARKING THE COMMON CORNER OF LOT 1, BLOCK 11, RANGE "0~, LOT 4, BLOCK 11 RANGE "N", L4T 8, BLOCK 10, RANGE "0~ AND LOT 5, BLOCK 10, , RANGE "N", THIS POINT ALSO MARKS THE SOUTHWEST CORNER OF SAID DRAINAGE DISTRICT N0. 7 TRACT, THE SOUTHEAST CORNER OF SAID 133.9 ACRE TRACT AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED 9 AGENDA DECEMBER ~ 6, 2008 TRACT OF LAND, SAME POINT ALS~ BEING LOCATED ON A SEGMENT OF THE N4RTH LINE OF THAT CERTAIN TRACT OF LAND (CALLED TRACT 3- 340.159 ACRES) AS CONVEYED BY DEED DATED AUGUST 27, 1999 FROM AMOCO PR~DUCTIDNI COMPANY T0 ANGEL MID JEFF COUNTY, J.V., RECORDED IN CLERK'S FILE N0.1999035119 OF SAID OFFICIAL PUBLIC RECORDS; ` THENCE SOUTH 41 DEG.12 MIN. 30 SEC. WEST (SOUTH 41 DEG. ~3 MIN. 00 SEC. WEST 2540.4 FEET - PLAT) AL~NG ~HE COMMON LINE OF BL4CKS 10 AND 11 W1TH THE NORTH LINE OF SAID 340.159 ACRE TRACT AND THE SOUTH LINE OF SAI D 133.9 ACRE TRACT AN D TH I S TRACT, PASSING AT A DISTANCE OF 1320.00 FEET T0 A 3/4~ STEEL ROD FOUND MARKING THE~ NORTHWEST CORNER OF SAID 340.159 ACRE TRACT AND THE NORTHEAST CORNER ~F THAT CERTAIN TRACT OF LAND (CALLED 62.14 ACRES) AS CONVEYED BY DEED DATED MARCH 8, 2002 FROM ALON PETROLEUM PIPELINE COMPANY, INC. TO ATOFINA PETROCHEMICALS, INC., RECORDED IN CLERK'S FILE N4. 2002009663 OF SAID OFFICIAL PUBLIC RECORDS AND CONTINUING ALONG SAID COMMON BLOCK LINE WITH THE NORTH LINE OF SAID 62.14 ACRE TRACT AND SOUTH LINE OF SAID 133.9 ACRE , TRACT AND TH1S TRACT FOR A TOTAL DISTANCE OF 2538.02 FEET TO A 1/2" STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET LOCATED ON THE EASTERLY LINE OF SAID L.N.V:A. 100 FEET WIDE CANAL RIGHT OF WAY MARKING THE NORTHWEST CORNER OF SAID 62.14 ACRE TRACT, THE SOUTHWEST CORNER OF SAID 133.9 ACRE TRACT AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT~OF LAND; THENCE NORTH 48 DEG. 41 MIN. 01 SEC. WEST ~NORTH 48 DEG. 47 MIN. 00 SEC. WEST 1320.0 FEET - PLAT~ AtONGsTHE SAID L.N.V.A. EASTERLY RIGHT OF WAY LINE WITH THE LOWER WEST LINE OF SAID 133.9 ACRE TRACT AND THIS TRACT A DISTANCE OF 1320.00 FEET TO A%2" STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET MARKING AN EXTERIOR "ELL" FOR CORNER OF SAID ~ 133.9 ACRE TRACT AND THE HEREIN DESCRIBED TRACT OF LAND, THIS POINT ALSO MARKS THE SOUTHWEST C4RNER OF THAT CERTA~N TRACT OF LAND (CALLED 20 ACRES) AS CONVEYED BY DEED DATED JUNE 6, 1951 FROM THE MARY WOOD,WORTH TRUST ESTATE TO THE P4RT ARTHUR INDEPENDENT SCHOOL DISTRICT, RECORDED IN VOLUME 816, PAGE 01 OF THE DEED ,. RECORDS OF SAID COUNTY; THENCE NORTH 41 DEG. ~2 MIN. 30 SEC. EAST (NORTH 41 DEG.13 MIN. 00 SEC. EAST 1220.0 FEET - DEED -20 ACRES) ALONG THE SOUTH LINE ~F SAID 20 ~ ACRE TRACT WITH AN INTERI~R L~NE OF 133.9 ACRE TRACT AND THE COMMON LINE OF LOTS 3, 4, 5 AND 6, BLOCK 11, RANGE "0" A DISTANCE OF 1215.53 FEET TO A 112~ STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET MARKING THE~COMMON CORNER OF LOTS 2, 3, 6 AND 7, BLOCK 11, RANGE "0~ THE SOUTHEAST CORNER ~F SAID 20 ACRE TRACT, AN INTERIOR "ELL~ 10 AGENDA DECEMBER 16, 2008 CORNER OF SAID 133.9 ACRE TRACT AND AI~ INTERIOR "ELL~ C~RNER OF THE , HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 48 DEG. 47 MIN. 30 SEC. WEST (NORTH 48 DEG. 47 MIN. 00 SEC. WEST 714.10 FEET - DEED 20 ACRES) ALONG THE EAST LINE OF SAID 20 ACRE TRACT AND COMMON LINE 4F L4TS 6 AND 7 WITH AN INTERIOR LINE OF SAID . 133.9 ACRE TRACT AND THIS TRACT A DISTANCE OF 714.10 FEET T~ A'/2" STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET MARKING THE NORTHEAST CORNER OF SAID 20 ACRE TRACT, AN INTERIOR "ELL~ C~RNER OF SAID 133.9 ACRE TRACT AND AN INTERIOR "ELL" C4RNER OF THE HEREIN DESCR:IBED TRACT OF LAND; THENCE SOUTH 41 DEG. 12 M1 N. 30 SEC. WEST (SOUTH 4t DEG. 13 MIN. 00 SECJ WEST 1220.0 FEET - DEED 20 ACRES) ALONG THE NORTH LINE ~F SAID 20 ACRE TRACT WITH AN INTERIOR LINE OF THIS TRACT A DISTANCE OF 1214.19 FEET TO A 1/2" STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET LOCATED ON THE SAID L.N.V.A. CANAL EASTERLY RIGHT OF WAY LINE MARKING THE NORTHWEST CORNER OF SAID 20 ACRE TRACT, AN EXTERIOR ~ELL~ C~RNER OF SAID 133.9 ACRE TRACT AND AN EXTERI~R "ELL~ C4RNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE NORTH 48 DEG. 41 MIN. 01 SEC. WEST (NORTH 48 DEG. 47 MIN. 00 SEC. WEST 605.90 FEET - DEED 20 ACRES~ ALONG THE SAID L.N.V.A. CANAL EASTERLY RIGHT OF WAY LINE WITH THE ~ UPPER WEST LINE OF SAID 1.33.9 ~ ACRE TRACT AND THIS TRACT~ A DISTANCE OF 610.10 FEET TO THE NORTHWEST CORNER AND PLACE OF BEGINNING AND CONTAINING IN AREA 5 837 859 SQUARE FEET OR 134.019 ACRES ~F LAND, MORE OR LESS. ~ ~ ,, ~ , 11 \ AGENDA DECEMBER 16, 2008 EXHJ6IT "B" BEING A 19.916 ACRE TRACT 0R PARCEL OF LAND, ALL OF THAT SAME TRACT OF LAND ~CALLED 20 ACRES) AS CONVEYED BY DEED DATED JUNE 6, 1951 FROM THE MARY WOODWORTH TRUST ESTATE TO THE P4RT ARTHUR ~ ~ INDEPENDENT SCHOOL DISTRICT, RECORDED IN VOLUME 816, PAGE 01 OF THE DEED RECORDS, COUNTY CLERK'S OFFICE, JEFFERSON COUNTY, TEXAS, ~ SAID 19.916 ACRE TRACT ALSO BEING OUT OF LOTS 5 AND 6, BLOCK 11, RANGE "0" OF THE PORT ARTHUR LAND COMPANY SUBDIVISION AS RECORDED IN VOLUME 1, PAGE 22 OF THE MAP RECORDS OF SAID COUNTY, ALL BEING SITUATED IN AND A PART OF THE B.B.B. & C. RR. C0. SURVEYS, ABSTRACT N0.'S 83, 85 AND 86 OF SAID COUNTY AND BEING M4RE PARTICULARLY DESCRIBED BY METES AND ~OUNDS AS FOLLOWS; FOR LOCATIVE PURPOSES, COMMENCE'AT A 5/8" STEEL ROD FOUND LOCATED IN DORSEY STREET RIGHT OE WAY, A 60 f EET WIDE PUBLIC DEDICATED RIGHT O1F WAY BY WAY ~F THE MONTROSE ADDITION SUBDIVISION PLAT TO THE CITY OF PORT~ARTHUR, AS RECORDED IN VOLUME 7, PAGE 69 ~F SAID MAP RECORDS, THIS POINT ALSO BEING ~LOCATED ON THE EASTERLY LINE OF THE LOWER NECHES VALLEY AUTHORITY (L.N.V.A.) (FORMERLY NECHES CANAL ~ COMPANY} 100 FEET WIDE RIGHT OF WAY AS RECORDED IN VOLUME ~269, PAGE 421 OF SA1D DEED RECORDS AND ON THE COMMON BLOCK LINE OF BLOCK 12 AN:D BLOCK 13, RANGE "0" OF SAID PORT ARTHUR LAND COMPANY SUBDIVISION, SAME POINT MARKS THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND ~CALLED 96.585 ACRES~ AS CONVEYED BY DEED DATED MAY 30,1996 FROM ALMA HAYES TO ROBERT Q: KEITH {99%) AND PORT ARTHUR LAND COMPANY, LTD. (01 %), RECORDED IN CLERK'S FILE NC).'S 96- 9617696 AND 96-9617697 OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF SAID COUNTY; ~ THENCE SOI~TH 26 DEG. 20 MIN. 45 SEC. EAST ALONG THE EASTERLY LINE OF SAlD L.N.V.A 100 FEET WIDE RIGHT OF WAYWITH THE WESTERLY LINE ~F SAID 96.585 ACRE TRACT A DISTANCE OF~ 2053.17 FEET TO A 5/8~ STEEL ROD WITH ALUMINUM CAP IN CONCRETE FOUND MARKING AN ANGLE POINT FOR CORNER; THENCE SOUTH 48 DEG. 41 MIN. 01 S'~C. EAST CONTINUING ALONG SAID EASTERLY RIGHT ~F WAY LINE WITH THE WESTERLY LINE OF SAID 96.585 ACRE TRACT, PASSING AT A DISTANCE OF 715.37 FEET A 5/8~ STEEL ROD WITH ALUMINUM CAP IN CONCRETE FOUND F4R REFERENCE, PASSING AT A DISTANCE OF 738.27 FEET A 1/2~ STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET MARKING THE SOUTHWEST CORNER OF SAID 96.585 ACRE TRACT LOCATED ON THE COMMON BLOCK LINE OF BLOCK 11 AND BLOCK 12 4F SAID , , , PORT ARTHUR LAND COMPANY SUBDIVISION, SAME POINT ALSO MARKS THE ~ NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND (CALLED 133.9 12 AGENDA DECEMBER 16, 2008 ACRES) AS C4NVEYED BY SHERIFFS DEED DATED MARCH 01, 2005 TO MOAK MORTGAGE AND INVESTMENT COMPANY, REC~RDED 1N CLERK'S FlLE N0. 2005014347 OF SAID OFFICIAL PUBLIC RECORDS AND CONTINUING ALONG , SAID EASTERLY RIGHT OF WAY LINE WITH THE WESTERLY LINE OF SAID 133.9 ACRE TRACT FOR A TOTAL DISTANCE OF 1348.37 FEET TO A 1/2~ STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET MARKING THE NORTHWEST CORNER OF SAID 20 ACRE TRACT AND THE NORTHWEST CORNER AND PLACE OF BEGINNINC OF THE HEREiN DESCRIBED TRACT OF LAND, THIS P~INT ALSO MARKS AN EXTERIOR "ELL~ CORNER OF SAID 133.9ACRE TRACT OF LAND; ~ THENCE NORTH 41 DEG.12 MIN. 30 SEC. EAST (NORTH 41. DEG.13 MIN. 00 SEC. ; EAST - 1220.0 f EET DEED) ALONG AN INTERIOR `LINE OF SAID 133.9 ACRE TRACT WITH THE NORTHERLY LINE OF SAID 20 ACRE TRACT AND THIS TRACT, PASSING AT A DISTANCE OF 554.19 FEET THE EAST LINE OF SAID LOT 5 AND WEST LINE OF SAID LOT 6 AND CONTINUING FOR r~ T~TAL DISTANCE OF 1214.19 ~EET T0 A 112~ STEEL ROD WITH CAP MARKED ARCENEAUX & GATES ~ SET LOCATED ON THE~ EAST LINE OF SAID LOT 6 AND WEST LINE ~F SAID LOT 7 MARKING THE NORTHEAST CORNER OF SAID 20 ACRE TRACT AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND, THIS POINT ALS4 MARKS AN INTERIOR "ELL" C~RNER Of SAID 133.9 ACRE TRACT OF LAND; ~~ THENCE SOUTH 48 DEG. 47 MIN. 30 SEC. EAST (SOUTH 48 DEG. 47 MIN. 00 SEC. EAST - DEED ALONG THE EASTERLY LINE OF SAID 20 ACRE TRACT AND THIS } TRACT WITH THE COMMON LINE 4F SAID L~TS 6 AND 7 AND AN INTERIOR LINE , OF SAID 133.9 ACRE TRACT A DISTANCE OF 714.10 FEET TO A 1/2~ STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET MARKING THE S4UTHEAST CORNER OF SAID 20 ACRE TRACT AND THE SOUTHEAST C4RNER ~F THE HEREIN DESCRIBED TRACT OF LAND, THIS POINT ALSO MARKS THE COMMON C4RNER OF SAID LOTS 6 AND 7 WITH LOTS 2 AND 3 OF BLOCK 11, RANGE "0~ AND AN INTERIOR "ELL" CORNER OF SAID 133.9 ACRE TRACT 4F LAND, SAME POINT ALSO BEARS NORTH 48 DEG. 47 MIN. 30 SEC. WEST (N4RTH 48 DEG. 47 MIN. 00 SEC. WEST P.A.L.C.O. - PLAT) A DISTANCE OF 1320.00 FEET FROM A 3I4" STEEL ROD FOUND LOCATED ON THE COMMON BLOCK LINE OF BLOCK 10 AND ~ BLOCK ~1 MARKING THE COMMON CORNER OF LOTS 2 AND 3, BLOCK 11 WITH LOTS 6 AND 7, BLOCK 10, RANGE "0" OF SAID PORT ARTHUR LAND COMPANY , . SUBDIVISION; f`~ a THENCE SOUTH 41 DEG.12 MIN. 30 SEC. WEST (SOUTH 41 DEG.13 MIN. 00 SEC. WEST -1220.00 FEET - DEED ALONG THE SOUTHERLY LINE OF ~SAID 20 ACRE ) TRACT AND THIS TRACT WITH AN INTERIOR LINE OF SAID 133.9 ACRE TRACT , AND THE COMMON LOT LINE ~F LOTS 3,4, 5 AND 6, PASSING ATA DISTANCE OF 660.0 FEET THE C4MMON CORNER OF LOTS 3 AND 4 WITH LOTS 5 AND 6 AND CONTINUING FOR A TOTAL DISTANCE OF 1215.53 FEET TO A 112" STEEL ROD WITH CAP MARKED ARCENEAUX & GATES SET LOCATED ON THE SAID 13 AG E N DA DECEMBER 16, 2008 EASTERLY LINE OF SAID L.N.V.A.100 FEET WIDE RIGHT ~F WAY MARKING THE SOUTHWEST CORNER OF SAID 20 ACRE TRACT AND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT ~F LAND, THIS POINT ALSO MARKS AN EXTERIOR "ELL" CORNER OF SAID 133.9 ACRE TRACT OF LAND; THENCE NORTH 48 DEG. 41 MIN. 01 SEC. WEST (NORTH 48 DEG. 47 MIN. 00 SEC. WEST - DEED) ALONG SAiD EASTERLY RIGHT OF WAY LINE WITH THE WESTERLY LINE OF SAID 20 ACRE TRACT AND THIS TRACT A DISTANCE OF 714.10 FEET TO THE NORTHWEST CORNER AND PLACE OF BEGINNING AND CONTAINING IN AREA 867,532 SQUARE FEET OR 19.916 ACRES OF LAND, MORE OR LESS. ' 1 14 ~ ~ ~ s . ' . , ~ . . , • ~ ~ . , . RULES OF DECaR~M ~ P ~ ~ ~ ER~~N~S~ AD~DRESSIN~ C~U-NCIL & AI~DI~N CE MEM6ERS . , . . i. RecognltioR•by Presiding 4~cer, No erson sha!!~a ~ ~• • • . , Pres~ding flfficer, .~ p , ddress the Counc~l w~thout first be~ng recognized by the Z. Speaking Procedure; Limitatian on discu ' •• ~ . ~ ss~on and quest~o~~~g. Each pe~son addressing t~e Council~ shali step p to the micropfione provided for ~he use of the pcrblic and ive ~is t~am • ~ vQice for the records, state,~at sub'ect h' • 9 e and address in an aud~ble tone of organization o~ ~ e wish~ tad~scuss,~s~ate whom~he i's represent~ng if he represents an ather p~rson, and unless ~urther t~rne is grarafed by ma~Qri vote of the Ca ` •• • remarks~ to~ fve ~5~ minu~es. Atl r~marks ,~ c~ncil, shal! t~r~it his shall be addressed ~o the Council as a whote and not ta any member . thereof. Ho person other than ptember~s of ~he Council an ~~ ~enter ~nto ~any d;~u~~on w~ . d the person i~av~ng the floor shali be, permitted to ,, , hetfier direc~y.or #hroqg~ a memb~r of the Council, without the. ermission o~ Pr~s~dMg 4ff cer. . ~ ~.: P . f the 3. ., tmproper Refer~ences, Disorder/y Conducf B Pe ' ~~~ ~ ~m l~edt • . Y rson Addressing The Councr'J; Any person~ tnaking, ress! or .P Y, personal, im~pertinen~, slanderous, derogato~y, discourteous ~~ide or ~ . ~ y wrttfully u~ters loud, threatenin or abusiYe ,~ ,~ p~ofane remarks or who ~ ~• impede, disru o 9 ~ language, or engages, ~n any d~sorderiy conduct which would . p~ r disturb the orderly caRduc~, the order, by the Presidin ~ffi~er and ' • cont~nues, may, at the discretion o~ the Presidin ~9 • ~f such conduc# ' , . g Oificer, be ordered barred from fur~her au.dienc;e ~befo~e the~ Council during ~at Meet~ng, • 4, Addre.~ A~r Mo~on Made or Public hfearin ~ Closeid, After been ctosed, r~o r~ember of th 9 a mo~on has been made ~or a public hearing ~as aonsiderati • ~ public sl~a(I address the Counal from the audience on the matte~ under on w~thout fir~t se~aring permission to do so by'tnajo~ty vote of the Ci Counqi, ~ 3. Campaign Speeches Prohibited. ~No rsons '~ ~ speeches for or a' .~ w~~~ ~ a~lawed to address the City Council by making car~paign 9ainst aay car~d~date who has announced or do~ annou~~e his inten~on to run or issue aiready ordered on a baltot for elecction. ~ ' 6, Disorderl}~ Cand~c~ Ho person in the audience shal! en a e in diso ~ ~ ~mP~~9 af feet, whistlin usin 9 9 ~derly ~onduct such as hand clapping, distur6s the g~ 9 profane language, yelling, and simitar demonstrations, whi~h conduct . peace and good order of the meef~ng, 7. Limitations on Use o~' Supp/e~~n~/ ~~9hfrng, Limitations on use of su '' •• ~ mot~on picture cameras to create . . ppiemental I~gh~~g for telev~sion and the teast amou~t of ~nterference w~~h or d~sturbance of Couna~ proceedin s and jor discornfort to ~e p~rblic. , 9 8. PelsoRS Na ving Conrp/aints~ A/~ega~ions, or Charges A ai~st Ind~vidual ~ a ~ y c o m p i a r n~ s peci f ic a l le ation or • - 9 ... ~, ~ Y E m p/ a y e e~ N o p e r s o n s h a 1 1 m a k e 9 , c~ a r g e a g a ~ n s t, a n i n d ~ v ~ d u a l C~ t y. E m p t o. y e e b y.. n a m e i n a r. p u b l i c m e e t i~g ~ ttn ~ess he~.frst shows that he has~pursued appropriate administrative chann ~~~ ~~~~ ~ _~ els. . • . . ENFCIRCEIHENT ~F DECQRUM ' Warning, Afl persons shalt at the reques~ of the Presiding Officer ~ be si[ent, , Removal. If, after receiving a war.ning from the Presiding 0#ficerr a rson ersists in disfiurbin ' Officer may order ~him to remove himse~f from the rnee ' ~ p 9 the meet~ng, such _ , t~ng. If he does ~tot recnove himself, the Presiding ~fficer may~ order the Sergeant at4arms to remove h~m. • • ~ . Resisting Rentoval. Any person who resis#s removal b the 5e ... Penal Code 42.05. Y. rgeant-at-arms shall be charged w~th vioia~ng V.T,C~A, Mo~ions To E'nforce. Arty Councilmember may move to re uire the p•• '• ~••' - affirmative vote of a rnajo~ of ~ • , q, residing Officer to enfor~e this div~sion, and the .~ tY ~ Co~anc~l shall requ,re h~m ta do so, ~ ' ~ , . RULES OF PR4CEDURE . ~~ ~ ~ ' y • • • ~ • ~~ The City Secretary~ sha11 make public, i~ accordance with the Te~cas 0 e ' •• , , , p n Meetrngs Law, an agenda conta~n~ng all bus~ness t~~o be d~scussed at a meet~ng of the C~ty Cou~c~l. Persans Reouestin4 To ge Heard~ Qn ,~.o-enda 1'~ems (i) Residents. An resrdent who wishes t ' ~any matter ~may, ~ do so by noti in tf~e Ci S • Y , a address the Coun~c~! on ~o . , fil , 9 ty ecretary fn accordance w~th the Texas Qpen Me~tings ~ Caw. (2) nres~dents. ~ny nanresident wrshing to address the C~ouncil sha1~ notify the Ci Secreta and s eci his ' ' the matter being considered, The ~i Secreta ~ ~ P~Y ~~terest ~n lacin the nar~e ~ ~Y shalt present such request #o the Presidang ~~cer.for a~proval before ~ g on the Agendat, . • . , . ~Qecific aaenda Item~ Af#e~ ~ ma~a~~ second and c~iscuss~on~ b ~ '~ ~ .,~before a vote is ~aken, #he presidi , Y~he City Counc~l on any speafic ag~enda i~em, and on such item~ who ."~ ~~cer shalt recagn~ze any cit~ien in the ~~rdience w~shing to a~ddress~the counc~l ~ ~ , shali be perm~tted to address the Cour~cil thereon for a period of three (3 minutes, ~S ecific A enda ttems are defined as any ~tem spec~~ied on the N' '~ } p 9 o t ~ c e o f M~ e t~ n g p o s t e d f o r p u r p o s e s o f t h e T e x a s ~ p e n M e e t i n g s l a w an d w hic h becomes th e s u b j e' c t o f a m o t i o n b e f o r e t h e C o u n c i l. . ; ' . . . ..