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HomeMy WebLinkAboutPR 22780: SETTING PUBLIC HEARINGS FOR THE DISANNEXATION OF PROPERTY P. R. No. 22780 09/19/22 ht RESOLUTION NO. A RESOLUTION AS IT PERTAINS TO SETTING PUBLIC HEARINGS FOR THE DISANNEXATION OF THE PROPERTY LOCATED WITHIN THE CITY LIMITS OF PORT ARTHUR, TEXAS AND TO PROVIDE NOTICE OF SAID PUBLIC HEARINGS TO PROPERTY OWNERS, PUBLIC AGENCIES, UTILITIES, RAILROADS PURSUANT TO SECTION 43.062 OF THE TEXAS LOCAL GOVERNMENT CODE. WHEREAS, on September 19, 2022, the City of Port Arthur received a letter from the property owner, PALNG Common Facilities, Co., LLC aka SEMPRA Energy requesting to disannex property located within the corporate limits of Port Arthur, Texas, as denoted in Exhibit "A" attached hereto; and WHEREAS, pursuant to the Texas Local Government Code Section 43.142 and City of Port Arthur Charter Article I, Section 6(B), the City may disannex the property; and WHEREAS, two public hearings are required with due notice as in the same manner as provided by law for the annexation of territory before disannexing the territory; and WHEREAS, Section 43.062 of the Texas Local Government Code,the City must also provide notice of the public hearings to property owners, public agencies, utilities, railroads at least thirty (30) days prior to the first public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the dates of the publication of the Notice in the newspaper will be October 8, 2022, and October 15, 2022, and as otherwise required by law. Section 3. That public hearings for the disannexation will be held on October 25, 2022 at 6:00 p.m. and on November 1, 2022, at 10:00 a.m. Section 4. That the City will provide disannexation notices to all property owners, including railroad companies, public agencies, and utilities that may own land in 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., AT&T Southwest (formerly Southwestern Bell) Spectrum, Texas Gas Service, a division of ONEOK, Inc. (formerly Southern Union Gas), Port Arthur Independent School District, and Sabine Pass Independent School District. Section 5. 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., 2022, at a Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor: , Councilmembers: , NOES: . Thurman Bill Bartle, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: d Valecia Tizen City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton, City Manager EXHIBIT "A" SE M P RA James R.Asay Director—Corporate Tax Sempra Energy 488 8th Avenue,HQ08N1 San Diego,CA 92101 Tel:619-696-4836 Mob:619-207-8329 jasay@sempra.com September 19, 2022 Ms. Valecia R. Tizeno City Attorney City of Port Arthur 444 4th Street Port Arthur, TX 77640 RE: Port Arthur LNG, LLC and PALNG Common Facilities Company, LLC Petition for Disannexation pursuant to LGC § 43.144; Dear Ms. Tizeno: Port Arthur LNG, LLC, through its wholly owned subsidiary PALNG Common Facilities Company, LLC (together"PALNG"), is the sole owner of the property depicted on the attached map labeled "Port Arthur LNG Site" (the "Site"). PALNG has proposed to construct and operate the Port Arthur LNG natural gas liquefaction facility (the "Project") on the Site and is currently undertaking development activities in connection with the Project. If constructed, the multi- billion-dollar facility will provide a reliable source of natural gas to global markets and generate economic benefits, including job creation, in Port Arthur and the surrounding area. In 2017, PALNG petitioned the City of Port Arthur(the "City") to disannex portions of the Site that were within City limits. That petition was granted and disannexation proceeded. (See the attached map labeled "Previously Disannexed".) The City and PALNG then entered into an Industrial District Agreement ("IDA") with the Site, including the disannexed property, constituting the IDA's "Affected Area." Subsequently, PALNG acquired other property, listed in the attached Exhibit A (see also the attached map labeled "Proposed Disannexation"), that is adjacent to and contiguous with PALNG's previously disannexed property. These properties lie within the boundaries of the City. PALNG hereby petitions the City to disannex any and all portions of the properties listed in Exhibit A that lie within Port Arthur's city limits. The City has authority to take this action under Texas Local Government Code Section 43.144. Upon disannexation, PALNG proposes to amend the PALNG IDA to include the Exhibit A parcels in the IDA's Affected Area. sempra.com Port Arthur City Council Page 2 September 19,2022 If you have any questions, please don't hesitate to contact me at either of the telephone numbers or the email address found above. Thank you in advance for your consideration of this request. Respectfully, James R. Asay Director— Corporate Taxes, Sempra Energy Vice President- Tax Port Arthur LNG, LLC and PALNG Common Facilities Company, LLC. cc: Ron Burton, City Manager Huy Tran, Legal Secretary Exhibit A Proposed JCAD Disannexation Property Map ID ID Legal Description Owner Name A 135395 PT TR 1 71 JNO BENNETT 40.557AC PALNG Common Facilities Company, LLC B 135402 TR 9 71 JNO BENNETT .23 LOT 9 PALNG Common Facilities Company, LLC C JOHN BENNETT SURVEY#71 .56 AC PALNG Common Facilities Company, LLC ow .... 3,800 8--'n Feet 400, IL -1 1 . : , ' • ; I , --.. i I , t . i co % - _ ..f' : (82___... ,,. [ 4411441 Port Arthur LNG This map was designed for illustrative purposes Site only and is not the result of a survey. The user acknowledges and accepts its limitations. Map 1 1 content is preliminary and subject to change. mu 4,500 Feet p ge CD Co Co 82 • 111110 At>► Port Arthur LNG This map was designed for illustrative purpose. only and is not the result of a survey. The user Previously Disannexed acknowledges and accepts its limitations. Map content is preliminary and subject to change. 1,500 Feet E-i-1: 1 ,. z:t-: 1,.:::::7- .4 B max _ co to r �). Port Arthur LNG This map was designed for illustrative purpos= only and is not the result of a survey. The use m Proposed Disannexation acknowledges and accepts its limitations. Ma' content is preliminary and subject to change.