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Home My WebLink AboutPO 5965 - ANNECATIONSinteroffice MEM R D To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~'~ ~ Date: December 24, 2008 Subject: P. 0. No. 5965; Council Meeting December 30, 2008 Attached is P. 0. No. 5965 as it pertains to annexing land that was the subject of Industrial District Agreements that will expire on December 31, 2008, land adjacent thereto, as well as substations and metering locations. Chevron USA decided not to enter into an Industrial District Agreement in a form as approved by the City and is, therefore, being annexed. This is Tract II. Equilon decided not to enter into new Industrial District Agreements. We are annexing only the Equilon terminal and not their pipeline right of way. Flint Hills decided to enter into a new Industrial District Agreement and therefore their facility ~Tract III) ~will not be annexed. Ineos Phenol decided to enter into a new Industrial District Agreement and therefore their facility and a corridor thereto will not be annexed. Updated exhibits will be presented at or prior to the meeting. MTS:ts Attachment z.po5965-1_memo P. 0. No.~ 5965 12/23/08 mts ORDINANCE N0. AN ORDINANCE AS IT PERTAINS TO ANNEXING LAND THAT WAS THE SUBJECT OF INDUSTRIAL DISTRICT AGREEMENTS THAT WILL EXPIRE ON DECEMBER 31, 2008, LAND ADJACENT THERETO, AS WELL AS SUBSTATIONS AND METERING LOCATIONS WHEREAS, on December 16, 2008, the City Council approved Industrial District Agreements with the following companies who have returned signed copies thereof prior to December 23, 2008: • TOTAL PETROCHEMICALS USA, INC . f or the ref inery ~as f or the years 2009 to 2013 as approved by Resolution No. 08-466 with TOTAL PAR LLC being added as a party • TOTAL PETROCHEMICALS USA, INC. for the expansion (Deep Conversion Project~ as for the years 2009 to 2021 as approved by Resolution No. 08-474 with TOTAL PAR LLC being added as a party • PRAXAIR as for the year 2009 as approved by Resolution No. 08-472 • PREMCOR as for the years 2009 to 2013 as approved by Resolution No. 08-494 with Premcor being responsible for the payments • CHEVRON PHILLIPS as for the years 2009 to 2013 as approved by Resolution No. 08-469 • BASF for the Old Sandoz facility for the years 2009 to 2013 as approved by Resolution No. 08-468 • BASF and TOTAL as for the years 2009 to 2013 as approved by Resolution No. 08-467 with BASF Petrochemicals being added as a party • OXBOW CALCINING, INC. as for the year 2009 as approved by Resolution No. 08-471 WHEREAS, on December 16, 2008, the City Council approved Ordinance No. 08-124 which annexed the following, effective ~ z.po5965-1A December 31, 2008 at 11:59 p.m.: ~ TR.ACT I- AS IT PERTAINS T0: • I,neos Phenol (Cumene Unit within the Chevron Phillips Plant) and a corridor thereto • Equilon TR.ACT II-AS IT PERTAINS T0: ~ Chevron USA ~ TR.ACT III-AS IT PERTAINS T0: ~ Flint Hills and Huntsman WHEREAS, Ineos Phenol has returned a signed Industrial District Agreement for the years 2009 to 2013 so that their cumene unit and the corridor thereto will not be annexed, with Ineos Phenol being identified as a divisi~on, of Ineos USA, and WHEREAS, Flint Hills has returned a signed Industrial District Agreement for the years 2009 to 2013 so that Tract III will not be~ annexed, and WHEREAS, Equilon has not returned a signed Industrial District Agreement so that their t~rminal facility is annexed as described in Exhibit "A", and ~ WHEREAS, the City deems it in the public interest not to annex the pipeline right-of-way of Equilon, which is not included in Exhibit "A", and ~. WHEREAS, Chevron USA has declined to enter into an Industrial District Agreement in a form as approved by the City and therefo~re Tract II as described in Exhibit B is annexed. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY z.po5965-1A OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City of Port Arthur herein annexes the Equilon terminal in Tract I, described in Exhibit "A", effective December 31, 2008 at 11:59 p.m.as well as any metering locations and substations located therein. Section 3. That the City of Port Arthur herein annexes the Chevron USA facility, as described in Tract II, as attached hereto as Exhibit "B", effective December 31, 2008 at 11:59 p.m. as well as any metering locations and substations located therein. Section 4. That the City of Port Arthur does not annex Tract~ III as it pertains to Flint Hills and Huntsman. Section 5. That should any part of this Ordinance be declared invalid by~a Court of Competent Jurisdiction, it shall not affeCt or vary the rernaining parts of this Ordinance. Section 7. That this Ordinance shall take effect on ; December 31, 2008 at 11:59 p.m. Section 8. That the City Attorney shall notify the Justice Department of the annexations. Section 9. That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council. 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: , z.po5965-1A AYES: Mayor_ City Council NOES: , , , , MAYOR ~ ATTEST: ACTING CITY SECRETARY ~ APPROVED AS TO FORM: ~ A~ CITY ATTORNEY ~ ~ ~~~ ~ ~b ~~1~c~ APPROVED FOR ADMINISTR.ATION: CITY MANAGER z.po5965-1A EXHIBIT "A" TRACT I- AS IT PERTAINS TO THE EQUILON TERMINAL, AS VVELL AS T~ ANY METERING LOCATIONS AND SUBSTATIONS LOCATED THEREIN z.po5965-1A ~ VAL~RaI CHEVR~N PNILLIpS COMPANY', L. P.r ~, 4XB~W CALCININGr CNEVRON PHYLLIPSCEQUZL4N~ CL.~RK, CLA~~ HCJUP & ~ . VaCINITY ~ fiR,~C~' «i,r Beginnin~ at a point on the present City ~.imit l.ine, said point being lo~ated on the East right-of-way line of the S~uthern Pacific Rai(road 100 foo~ right-of~way and th~ South right-of-way line of S~te Hig~v~ray~ 7-~; ~~~ ~i~NCE, in a Southwesterly dire~tion afong the East right-of-way of the Southern Pacific Railroad 1~0 foo~ ri ht-of-wa (~ne for a distance of 5280 feet, more or Iess to a point locafed on the North line of the Texaco, ~ Y . Inc.1.55.3967 acre tract of land same being the South line of the Equistar property, ~oint for corner; TNENCE, North 36 deg. 37 min. 41 sec. and for a dis~ance of 6000 feet, more or 1ess~ to a point on the South back ~f Tayl~r's 8ayou, same being located on the Northeriy line of the herein described property, point for corner; :THENCE~ En a Westerly directionf afong the meanders o~ ~he South bank of Taylor's Bayou to the most Northerly corner of said property, same bein~ the Northeast corner of theT& NO Railroad Survey No. 280, to a ~oin~ for corn~r~ ~ TH~NCE, afong the Westerly line of said T. & N. ~, survey ta its Southwesterly corner, a distance of 5157.15 feet; THE~ICE, S. 86 deg. 05 min. 57 sec. E, for a distance of $203.37 feet; THENCE, S.10 deg. 41 min. 30 sec, W. 2106,88 fe~t; THENCE, S. 09 deg. 09 min. 08 sec. W, for a distanc~ of 3349.42 feet; THENCE, S. 88 de~. ~6 min. 49 sec. E, for a dis~ance of 2169.10 feet to a Gulf monument; de . 41 min. 46 sec, W. for a distance of 3386.80 feet to the Norther(y righ~-of~way line of the ' THENCE, S, ~ 1 g . Intracoastal Waterwa ; ~ Y . min. 06 sec. E. 6395.70 fee~ fihis~ bein the most Southerly co~er of the here~n THENCE, S. 88 deg 19 , 9 described property; ~ TI~ENCE, N. ~1 deg. 42 min. 3l sec, E.,18:56.50 feet; ~ENCE, N. 8~ deg, 43 min.18 sec, W., 570,31 fee~; THENCE, 5. 72 de~. 57 min. 22 sec. W.l for a distance o~ 50 fe~t to a point on the Easterly righfi~of-~ay line of S~ate Hwy 87; ~ THENCE, fn a Northerly direction following the said right-of-way line of Hwy. 87 for a dis~ance of 5544 feet, more or (ess to a point for corner; THENCE, S. 80 deg, 47 min. 42 sec. E. for a d~stan~e of 600 feet, more or less to a poin~ on fihe South bank of a barge ~slip located on the West bank of the Viles~ turr~ing basin of Taylor's Bayou; ~ THENCE,~ in a southeasterly directio~ followin the West bank of the West Turnin ba5in ~or a dis~ance of 2600 9 g feet, rno~e or less to th~ Wester(y e}ctension of the North right-ofi-way Line of Coke Dock Roadr THENCE, eas~erly, along the westerly extension of the No~th right-of way (ine of Coke Dock Road~ continuing aiong the easteriy extension of said Nor~herly right-of wayfor a dis~ance of 5400 feet, more or less to a point in the West line of Texaco Island Road; THEN~E, ir~ a no~theasterfy direc~ion ~long said Texaco zsland Road for a distance of 21Q0 fee~, more or less to a oint on the South ri ht-of-wa (ine af West 7~' Street~ P 9 Y ~ TNEN~E, N. 41 deg. 24 min. E. along ~he South right-of-way (ine of West 7~' Street for a dis~ance of 23~1.30 feet; THENCf, S. 48 deg. 34 min. 25 sec. E, for a distance of 998.81 feet; TNENCE, N. 41 deg. 16 min. 34 sec. E.1469.56 feet; THEN~E, N. 48 deg~. 44 min. 04 sec. W. a~ong the line of the George Washington Carver School property for a dis~ance of 945 feet ~o the S~u~h ri ht-of-wa iine of West 7~' Street; 9 Y THENCE, N. 41 deg.16 min. 41 sec, E. along said right-of-way ~or a distance of 66$,38 feet to ~he West righ~- of-way line of Dr. Martin Luther King Drive. ~Hwy 82}; ~ THENCE in a Northerl direction aion said West ri ht-of-way 1Ene of Hwy 82 to the pres~nt 5ou~herly right-of- r Y 9 9 ~ wa~ line of. State Hwy 73; I n the S utheri ri h- f-wa line of the East n ht-of-wa line af the Southern Pacific TNENCE, Wes~er y alo g o y g t o y g Y Ra{lroad.100 f~ot wide ri ht-of-way, same b~in the P4i~IT OF BEGINNING of the herein descr~bed tract of 9 9 ~and containing 5019 acres, more or l~ss; ~ An land or area wi~hin the above described trac~ fihat is already a par~ of and is incorporated within the Y corp~rate~ limits of the City of Port arthur is hereby excluded. EXHIBIT "B" TRACT II - WHICH INCLUDES THE CHEVRON USA FACILITIES AS WELL AS T4 ANY METERING LOCATIONS AND SUBSTATIDNS LOCATED THEREIN z.po5965-1A CH EVRON u.s~a. r~uc. ~r~c~r ~ z~ ~EIN~ PAR ~ OF LOTS 1 T~OUGH 4, INCLUSNE, OF BL~CK 8, RANGE 0 0~' THE PORT .ART`-t~UR LAND COMPANY SCTBDI~VISION ~F JEFFERSON COUNfiRY; TEXAS, AI~ BEII~IG MORE PART~CULARLY ~ESCRIBED AS FOLLOQVS: COMMENCI~IG at a point on the present City C.imifs, said point also being the Poir~t of Beginning whi~h bears N. 39 deg, ~6 min. 38 sec. E. 40 feet the Southwesterly corner of said Block 8, Range 0; ~' THENCE, N. 39 deg. 06 min. 38 sec. E. 2,565.50 feet fio Point for Corner; TNENCE, S. 50 deg. 53 min. 22 sec. E. 20 feefi to Point for Corner; THENCE, N, 39 deg~ 06 min. 38 sec. E. 9.15 feet to Point ~or Corner; TN~NCE, S. 50 deg, 41 min. 47 sec. E. 1,225.01 feefi to Poinfi for Corner; THENCE, S. 39 deg. 06 min, 38 sec. W. 2,395.11 ~eet to Point for Corner; TNENCE, N. 50 deg, 41 min. 47 sec. W. 845.01 feet to Point for Cor~er; THENCE, N~1 along a curveto the ie~having a radius of 320 feetand an arc length of 177.82 feetto Point~or Corner; ~ THENCE, N, 82 deg. 26 min, 47 sec. W. 205.22 feet to Point for ~orner; THENCE, NW along a curve to the right having a radius of 250 feet and an arc length of 62.74 feet to Point of Beginning; .. - . 1 t~ ~r