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HomeMy WebLinkAboutPR 15417: PORT IRON EXTENSIONInteroffice MEMORANDUM To: Mayor, City Council, and City Manager ~" From: Mark T. Sokolow, City Attorney ,fir,/( d'6~~-~ Date: August 6, 2009 Subject: P. R. No. 15417; Council Meeting August 11, 2009 Attached is P. R. No. 15417 as it pertains to granting an extension to Port Iron, Ltd. (Requested by Mayor Prince). MTS:ts Attachment Copy to: Port Iron, Ltd David Albright, Manager z.pr15419_memo P. R. No. 15417 08/03/09 is RESOLIITION NO. A RESOLIITION AS IT PERTAINS TO GRANTING AN E%TENSION TO PORT IRON (REQIIESTED BY MAYOR PRINCB) WHEREAS, per Resolution No. 09-051, authorized on February 10, 2009, Port Iron, Ltd., located at 300 W. 7`h Street, was granted a permit for a metal recycling facility on the following conditions: • Port Iron shall fully comply, in the operation of the facility, with Section 22-131 to Section 22-165 of the Code of Ordinances. • Port Iron shall build an eight (8) foot screening fence around the entire facility by May 1, 2009. • Port Iron will follow the recommendations of Quest Consulting, Inc. in the storm water management plan. • That the scrap, used, or obsolete ferrous, or non ferrous material cannot exceed (as stored) the height of the fence. • That all materials protruding outside of any facility should be placed inside. • That the metal warehouse building, as noted in the memo of the Director of Community Services, shall either be removed or repaired by August 15, 2009. • That the deficiencies, as delineated in the Storm water Management Plan, and the tracking of earthen material off-site as noted in the memo of the Director of Public Works, shall be remedied by May 15, 2009. WHEREAS, per the letter, attached hereto as Exhibit "A", Port Iron is asking for an extension as to complete the fence, which they state is under construction, and the roof for the warehouse, z.pr15417 that due to the current economic situation, they have been unable to complete these projects and are having to utilize their own work force and have not been able to reach the deadlines in a timely manner; and WHEREAS, Port Iron is requesting an extension of two (2) more months as to build an eight (8) foot screening fence around the entire facility; and WHEREAS, Port Iron is requesting an extension of three (3) more months for the roof, said extensions requested to begin after September 2009; and WHEREAS, it is deemed in the public interest to grant Port Iron an extension until October 15, 2009 as to build an eight (8) foot screening fence around the entire facility; and WHEREAS, it is deemed in the public interest to grant Port Iron an extension until December 31, 2009 as to either repair the metal warehouse building or remove it. NOW THEREFORE, BE IT RESOLVED BY THE CITY COIINCIL OF THE CITY OF PORT ARTHIIR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That Port Iron, Ltd. is herein granted an extension until October 15, 2009 as to build an eight (8) foot screening fence around the entire facility. Section 3. That Port Iron, Ltd. is herein granted an ~.Prisai, extension until December 31, 2009 as to either repair the metal warehouse building or remove it. Section 3. That an authorized representative of Port Iron, Ltd. will sign this Resolution agreeing to the terms hereof. Section 4. 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., 2009, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor Councilmembers _~ NOES: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: 1 ~""^ CITY ATTORNEY z.pr15417 APPROVED FOR ADMINISTRATION: CITY MANAGER AGREED TO: PORT IRON, LTD. BY: DATE: z.pti5417 EXHIBIT "A" PORT IRON, ltd. P. O. Box 370 • Port Arthur, Texas 77641 Phone (409) 983-1641 • Fax (409) 983-4904 July 24, 2009 Deaz Mayor and Honorable City Council, JUL 3 0 2D09 LEGAL DEPARTMENT ~~~~I~~~ JUL 2 8 2008 ~~,YC~R'S ®FFf~~ Port Iron Ltd. asks for an extension to complete the fence we now have under construction and the roof for our wazehouse. Due to the current economic situation, we are completing these projects utilizing our own work force. While we aze making progress forward, unfortunately it is not as rapid as a company, which specializes in these endeavors. We appreciate the city and community's patience with our situation and will try to get these projects completed as soon as possible. We think that we can have the fence completed in two more months and the roof in three months after September. T1~ank you very much for your time and consideration. David Albri