HomeMy WebLinkAboutPO 7109: DISANNEXING PROPERTY, PALNG, LLC P.O. No. 7109
11/01/22 ht
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORT
ARTHUR DISANNEXING PROPERTY OWNED BY PORT ARTHUR
LNG, LLC AND ITS SUBSIDIARY, PALNG COMMON FACILITIES,
CO., C/O SEMPRA ENERGY LOCATED WITHIN THE CORPORATE
BOUNDARIES OF THE CITY PORT ARTHUR, JEFFERSON COUNTY,
TEXAS; PROVIDING FOR THE FOLLOWING: FINDINGS OF FACT,
EFFECTIVE DATE, FILING, SEVERABILITY, AND PROPERTY
NOTICE & MEETING
WHEREAS, in 2018, pursuant to Ordinance 18-14, the City of Port Arthur
disannexed tracts of land owned by Port Arthur LNG, LLC and its subsidiary, PALNG
Common Facilities, Co., c/o Sempra Energy, (herein referred to"PALNG") in an area near
Taylor's Bayou, the Intracoastal Waterway, State Hwy 87, Keith Lake and Sabine Neches
Ship Channel for the proposed construction of a natural gas liquefaction facility known as
the Port Arthur LNG project; and
WHEREAS, on September 19, 2022, PALNG submitted a formal request to
disannex an additional 41.589 acres of recently acquired land adjacent to and contiguous
with the previously disannexed tracts (see the description attached hereto as Exhibit"A");
and
WHEREAS, on September 27, 2022, the City Council approved Resolution 22-436
setting public hearings dates for the requested disannexation and to provided written
notices to property owners, railroads and public and private entities; and
WHEREAS, pursuant to Section 43.062 of the Texas Local Government Code, the
public hearings notices were posted on the City's website, published in the official local
newspaper, and held on October 26, 2022 at 6:00p.m. and November 1, 2022 at
10:00a.m.; and
WHEREAS, pursuant to Texas Local Government Code Section 43.142 and Article
1, Section 6B of the City's Charter, the City Council has broad power by ordinance to
disannex property; and
WHEREAS, the City Council finds that disannexation of the property located within
the city limits depicted in Exhibit "A" is in the best interest of the City; and
WHEREAS, the City Council finds that disannexation of the PALNG property is in
the best interest of the City because the property is used as industrial use and requires
municipal services for that type of use; and
WHEREAS, the City Council finds that disannexation of the PALNG property is in
the best interest of the City because the property contains no residents; and
WHEREAS, PALNG has agreed to execute a Second Amendment to the Industrial
District Agreement to include the additionally disannexed property to the Affected Area;
and
WHEREAS, pursuant to Texas Local Government Code Section 51.001, the City
has general authority to adopt an ordinance or police regulation that is for the good
government, peace or order of the City and is necessary or proper for carrying out a
power granted by law to the City; and
WHEREAS, the City Council finds that it is necessary and proper for the goo
government, peace or order of the City of Port Arthur to adopt the following rules.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PORT ARTHUR, TEXAS:
1. FINDINGS OF FACT
All of the above premises are hereby found to be true and correct legislative and
factual findings of the City of Port Arthur, and are hereby approved and incorporated into
the body of this Ordinance as if copied herein in their entirety.
2. DISANNEXATION OF TERRITORY
A. The area described in Exhibit "A", which is attached hereto and incorporated
herein for all purposes, is hereby disannexed from the corporate limits of the City, but
shall remain in the extraterritorial jurisdiction of the City.
B. The official map and boundaries of the City of Port Arthur are hereby amended
and revised so as to exclude the area disannexed.
3. EFFECTIVE DATE
This ordinance is effective and the disannexation achieved herein shall be final and
complete upon adoption of this Ordinance on the date set forth below.
4. FILING
A. The City Secretary is hereby instructed to include this Ordinance in the records
of the City.
B. The City Attorney is hereby instructed to have the official map of the City of
Port Arthur prepared depicting the new municipal boundaries prepared and filed as
necessary.
C. The City Attorney must file with the County Clerk a certified copy of the
Disannexation Ordinance along with a legal description of the property.
D. The City Attorney must pursuant to the Texas Tax Code §321.102s send via
certified or registered mail a certified copy of the Disannexation Ordinance to the
Secretary of State of Texas.
E. Send by certified mail or registered mail a copy of the Disannexation Ordinance
with a map of the whole municipality clearly showing the removal of the disannexed tract
to the Sales Tax Division of the State Comptroller's office.
5. SEVERABILITY
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this Ordinance be severable, and if any
phrase, clause, sentence, paragraph or section of this Ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this Ordinance, and the remainder of this Ordinance shall be
enforced as written.
6. PROPER NOTICE AND MEETING
It is hereby officially found and determined that the meeting at which this
Ordinance was passed was open to the public as required and that public notice of the
time, place and purpose of said meeting was given as required by the Open Meetings
Act, Chapter 551 of the Texas Government Code. Notice was also provided as required
by Chapter 52 of the Texas Local Government Code.
READ, ADOPTED AND APPROVED on this day of A.D.,
2022, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the
following vote: AYES:
Mayor: ,
Councilmembers: ,
i
NOES:
Thurman Bill Bartle, Mayor
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Valecia R. Tizeno, City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, City Manager
TBPE Firm No. F-5755
. TBPLS Firm No.10123800
111/1\11.1;°1
LA EF.0005711
3737 Doctors Drive
c+ Port Arthur,Texas 77642
SURVEYORS&ENGINEERS Office (409)983.2004
Fax (409)983.2005
TRACT I
38.23 ACRES OF LAND
PART OF THE JOHN BENNETT SURVEY
ABSTRACT NO. 71
JEFFERSON COUNTY, TEXAS
BEING 38.23 acres of land, part of the John Bennett Survey, Abstract No. 71, Jefferson County, Texas;
being part of a(Called 120.757) acre tract of land, known as Round Lake,described in a deed to PALNG
Common Facilities Company, LLC,recorded in File No. 2019005328, Official Public Records, Jefferson
County, Texas; said 38.23 acre tract being more fully described by metes and bounds as follows,to wit:
Note:Bearings, distances and acreage are based on the Texas Coordinate System of 1983, South Central
Zone, US Survey Feet, and are referenced to those tracts described in a deed to Port Arthur LNG Holdings,
LLC, recorded in File No. 2006017390, Official Public Records, Jefferson County, Texas.
Note: This document was prepared under 22 TAC 0663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
COMMENCING at a concrete monument, marked"Gulf Oil Corp.", found on the West line of Abstract
No. 71, for the Northeast corner of Abstract No. 251, the Southeast corner of Abstract No. 486, and the
Northeast corner of a tract of land, known as Tract 3, described in a deed to Port Arthur LNG Holdings,
LLC, recorded in File No. 2006017390, Official Public Records, Jefferson County, Texas; said concrete
monument having coordinates of N: 13879643.68, E: 3565680.68;
THENCE, South 87 deg. 02 min. 32 sec. West, on the common line of Abstracts No. 251 and 486, the
North line of Tract 3, and the North line of Tract 14, described in that same deed to Port Arthur LNG
Holdings, LLC, at 356.82' passing a 5/8" steel rod, capped and marked "WORTECH", found on the
Southwest right-of-way line of State Highway 87, for the Northwest corner of Tract 14, and the Northeast
corner of Tract 1,described in that same deed to Port Arthur LNG Holdings,LLC,continuing on the North
line of Tract 1, a total distance of 1530.26' to a point on the West line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33;
THENCE, South 22 deg. 14 min.00 sec.East,on the southwesterly line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33, a distance of 5742.95' to a point on the common line of Tract 1 and the
(Called 120.757) acre tract, for the POINT OF BEGINNING, and most westerly corner of the herein
described tract;
THENCE,the following bearings and distances, on the common line of Tract 1 and the(Called 120.757)
acre tract,to points for corner:
•
North 63 deg. 25 min. 27 sec. East, 219.22'
North 84 deg. 58 min. 25 sec. East, 66.44'
South 68 deg. 25 min. 17 sec. East, 94.90'
South 45 deg. 20 min. 34 sec. East, 476.70'
South 33 deg. 46 min. 16 sec. East, 566.27'
South 26 deg. 37 min. 43 sec. East, 764.31'
South 20 deg. 38 min. 54 sec. East, 523.17'
South 06 deg. 13 min. 23 sec. East, 273.78'
South 23 deg. 09 min. 15 sec. East, 67.83'
South 79 deg. 40 min. 16 sec. West, 54.31'
South 79 deg. 32 min. 55 sec. West, 171.16'
South 04 deg. 58 min. 04 sec. East, 88.52'
South 60 deg. 10 min. 57 sec. West, 147.57'
South 51 deg. 13 min. 05 sec. West, 56.70'
South 67 deg. 11 min. 40 sec. West, 80.62'
North 89 deg. 48 min. 06 sec. West, 93.82'
THENCE, South 74 deg. 51 min. 58 sec. West, continuing on the common line of Tract 1 and the(Called
120.757) acre tract, a distance of 5.69' to a point on the southwest line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33, for the most Southwesterly corner of the herein described tract;
THENCE,North 22 deg. 14 min. 00 sec. West, on the southwest line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33, a distance of 2716.35' to the POINT OF BEGINNING, and containing
38.23 acres of land,more or less.
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TRACT II
3.359 ACRES OF LAND
PART OF THE JOHN BENNETT SURVEY
ABSTRACT NO. 71
JEFFERSON COUNTY,TEXAS
BEING 3.359 acres of land, part of the John Bennett Survey, Abstract No. 71, Jefferson County, Texas;
being part of a (Called 5.344) acre tract of land, described in a deed to PALNG Common Facilities
Company, LLC, recorded in File No. 2019005328, Official Public Records, Jefferson County, Texas, all
of a(Called 0.222) acre tract of land described in a deed to PALNG Common Facilities Company, LLC,
recorded in File No. 2020027835, Official Public Records, Jefferson County, Texas, and part of the old
right-of-way of State Highway 87 prior to its rerouting; said 3.359 acre tract being more fully described
by metes and bounds as follows,to wit:
Note: Bearings, distances and acreage are based on the Texas Coordinate System of 1983, South Central
Zone, US Survey Feet, and are referenced to those tracts described in a deed to Port Arthur LNG Holdings,
LLC, recorded in File No. 2006017390, Official Public Records, Jefferson County, Texas.
Note: This document was prepared under 22 TAC 0663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared.
COMMENCING at a concrete monument,marked"Gulf Oil Corp.", found on the West line of Abstract
No. 71, for the Northeast corner of Abstract No. 251, the Southeast corner of Abstract No. 486, and the
Northeast corner of a tract of land, known as Tract 3, described in a deed to Port Arthur LNG Holdings,
LLC, recorded in File No. 2006017390, Official Public Records, Jefferson County, Texas; said concrete
monument being the Northeast corner of a (Called 430.3) acre tract of land described in a said concrete
monument having coordinates of N: 13879643.68, E: 3565680.68;
THENCE, South 87 deg. 02 min. 32 sec. West, on the common line of Abstracts No. 251 and 486, the
North line of Tract 3, and the North line of Tract 14, described in that same deed to Port Arthur LNG
Holdings, LLC, at 356.82' passing a 5/8" steel rod, capped and marked "WORTECH", found on the
Southwest right-of-way line of State Highway 87, for the Northwest corner of Tract 14, and the Northeast
corner of Tract 1,described in that same deed to Port Arthur LNG Holdings,LLC,continuing on the North
line of Tract 1, a total distance of 1530.26' to a point on the West line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33;
THENCE, South 22 deg. 14 min. 00 sec. East, on the southwest line of City of Port Arthur Annexation
Ordinance Nos. 78-43 & 79-33, a distance of 8629.15' to a point on the Southeast line of Tract 1 and a
Northwesterly line of the (Called 5.344) acre tract, for the POINT OF BEGINNING, and most westerly
corner of the herein described tract;
THENCE,North 53 deg. 33 min. 23 sec. East, on the Southeast line of Tract 1, a distance of 887.27' to a
point for the most southerly Southeast corner of Tract 1;
THENCE,North 36 deg. 25 min. 08 sec. West, a distance of 251.01' to a point for corner;
THENCE, North 53 deg. 35 min. 38 sec. East, a distance of 305.21' to a concrete monument, found on
the Southwest right-of-way line of State Highway 87,prior to its rerouting,and the Southwest line of Tract
14, for the most easterly Southeast corner of Tract 1, and the most northerly corner of the (Called 0.222)
acre tract;
THENCE, North 68 deg. 27 min. 29 sec. East, on the Southwest line of Tract 14, a distance of 70.00' to
a point on the centerline of State Highway 87, prior to its rerouting, for the most northerly corner of the
herein described tract;
THENCE, South 21 deg. 32 min.49 sec.East,on the centerline of State Highway 87,prior to its rerouting,
and the Southwest line of Tract 14, a distance of 311.29' to a point for the most easterly corner of the
herein described tract;
THENCE, South 68 deg. 27 min. 29 sec. West, a distance of 70.03' to a concrete monument, found on
the Southwest right-of-way line of State Highway 87,prior to its rerouting,and the Southwest line of Tract
14, for the most northerly corner of Tract 2N, described in that same deed to Port Arthur LNG Holdings,
LLC, and the most easterly corner of the (Called 5.344) acre tract;
THENCE, South 53 deg. 33 min. 23 sec. West, on the northwesterly line of Tract 2N, a distance of
1125.20' to a point on the southwest line of City of Port Arthur Annexation Ordinance Nos. 78-43 & 79-
33, for the most southerly corner of the herein described tract;
THENCE, North 22 deg. 14 min. 00 sec. West, on the southwesterly line of the corporate limits of the
City of Port Arthur, a distance of 51.59' to the POINT OF BEGINNING, and containing 3.359 acres of
land,more or less.
This description is based on the Land Survey made under the direct supervision of Randall Alvey Creel,
Registered Professional Land Surveyor No. 6678 on April 20, 2022.
City of Port Arthur
22-0727
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