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HomeMy WebLinkAboutPR 15494: CHEVRON USA, OXBOW CALCINING, LLC AND PRAXAIR ANNEXATION PUBLIC HEARINGSInteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~'~Lr,H/~ Date: September 18, 2009 Subject: P. R. No. 15494; Council Meeting September 22, 2009 Attached is P. R. No. 15494 setting public hearings as to review the Service Plans for the annexation of the properties of Oxbow, Praxair a:nd Chevron USA and to receive comments from the public on the' proposed annexations. Praxair is agreeing to enter into an In Lieu of Tax Agreement with the City and P.R. No. 15494 allows the City to continue to negotiate with the applicable companies during the annexation hearing process. MTS:ts Attachment Copy to: Praxair Chevron USA Oxbow Assistant City Manager-Administration Director of Planning z.pr15494_memo P. R. No. 15494 09/18/09 is RESOLIITION NO. A RSSOLIITION SETTING PIIBLIC HEARINGS AS TO REVIEW THE SERVICE PLANS FOR THE ANNEXATION OF THE PROPERTIES OF CHEVRON IISA, OXBOW CALCINING, LLC AND PRAXAIR AND THE NECESSARY ADJACENT LAND AND TO RECEIVE COMMENTS FROM THE PIIBLIC ON THE PROPOSED ANNEXATIONS WHEREAS, the following companies have "in lieu of tax" or "industrial district agreements" with the City of Port Arthur that expire this year, to wit: • Chevron USA by Ordinance No. 08-126 (2009) • Oxbow Calcining, LLC by Resolution No. 08-471 (2009) • Praxair by Res. No. 08-126 (2009) and WHEREAS, Entergy has metering locations and substations in the City's extraterritorial jurisdiction (ETJ) and in these industrial areas that the City seeks to annex; and WHEREAS, the City desires to annex the properties as described above that are located in the extraterritorial jurisdiction (ETJ) of the City of Port Arthur, as well as the necessary adjacent land to connect thereto so that the annexed property will be contiguous to the existing corporate limits ,and at least 1000' in width; and WHEREAS, service plans or an inventory of services have been prepared in accordance with Chapter 43 of the Local Government Code; and WHEREAS, two (2) public hearings are required by Section z.pr15494 43.052 of the Local Government Code, with due notice; and WHEREAS, the City still desires to continue to negotiate In Lieu of Tax Agreements with industries that continue to promote growth for the companies and that provide employment opportunities for Port Arthur companies and residents; and WHEREAS, this annexation is :necessary to protect the general health, safety and welfare of the persons residing within or adjacent to the City; and WHEREAS, this Resolution does not preclude the City from entering into In Lieu of Tax Agreements with Chevron, Oxbow or Praxair and if that occurs, then the City will not annex that particular tract or tracts and the' notice need not be published as to that tract or tracts NOW THEREFORE, BE IT RESOLVED BY THE CITY COIIPiCIL OF THE CITY OF PORT ARTHIIR: Section 1. true and correct. Section 2. That the facts and opinions in the preamble are That the public hearings on the service plans as described in Exhibits "A", "B" and "C" and to receive comments from the public on the proposed annexation will be scheduled on November 10, 2009 at 6:00 p.m. a.nd on November 17, 2009 at 7:00 p.m. The projected date for the adoption of the annexation ordinance is December 15, 2009. The effective date of the annexation, if approved, will be December 31, 2009 at 11:59 p.m. z.pr15494 Section 3. That the City Secretary shall send a certified copy of this Resolution to railros~d companies that may own land in the area, as well as utility services providers that service 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), Entex~gy Services, Inc., Southwestern Bell (now known as AT&T Southwest) and Texas Gas Service, a division of ONEOK, Inc. (formerly Southern Union Gas). Section 4. That the proposed annexations will include Tract 1 (Chevron USA), Tract 2 (Praxair and adjacent property) and portions of Tract 3 as it pertains to Ox Box Calcining and the necessary adjacent land as to make the annexation contiguous to the corporate limits of the City as denoted in Exhibit "D". As to Tract 3, the annexation will not include the property of companies that have an existing In Lieu of Tax Agreement that does not expire on December 31, 2009 unless their land or portion thereof is necessary as to make the annexation of Oxbox Calcining contiguous to the corporate limits of the City. Section 5. That the City Secretary shall send a certified copy of this Resolution to the property owners at least thirty (30) days before the date of the public hearings and to the public or private entities that provides services in the areas to be annexed. Section 6. That the City Secretary shall post and advertise the required notices for the public hearings at least z.pr15494 once on or after the 20th day, but: before the tenth day before the hearings, as required by Section 43.0561 of the Local Government Code. The publication notices shall be October 25, 2009 and November 1, 2009 and at such other dates deemed necessary as to comply with the annexation laws. Section 7. That the notice shall also be posted on the City's Internet site from October 18, 2009 until November 17, 2009 Section 8. That the City Attorney shall notify the Justice Department, via the appropriate submission. Section 9. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED o:n this day of A.D., 2009, at a 1Meeting of the City Council of the City of Port Arthur, by the following vote: AYES: Mayor NOES: _~ MAYOR ATTEST: TERRI HANKS, CITY SECRETARY z.pr15494 APPROVED AS TO FORM: CITY ATTORNEY APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr15494 EXHIBIT "A" PROPOSED SERVICE PLAN CHEVRON USA I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. II. TERM This plan shall be in effect for a term often (10) years commencing on the effective date of annexation of the tract. Renewal of this plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council, which refers to this plan and specifically renews this plan for a stated period of time. III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Early Action Program and (2) Capital Improvement Program. B. Scope and Quality of Services. Services under this plan shall equal or exceed the number of services or level of services in existence in the tract prior to annexation. However, it is not the intent of this plan to require that a uniform level of services be provided to all areas of the City (including the tract) where differing characteristics of topography, land utilization and population density aze considered as a sufficient basis for providing different levels of service. C. Definitions. As used in this plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities, other public service organizations to provide such services, in whole or in part. 2. As used in this plan, the phrase "standazd policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at a time that a service is requested or at a time that the service is made available or provided. The policies or procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid and may include eligibility requirements and similar provisions. D. Early Action Programs 1. Statutory Services. The statutory services will be provided within sixty (60) days after the effective date of this plan, except as otherwise indicated. a. Police Protection. The Police Department of the City will provide protection and law enforcement in the tract. These activities will include normal patrols and responses and the handling of complaints and incident reports. b. Fire Protection. The Fire Department of the City will provide fire protection in the tract. c. Solid Waste Collection. No residential collection services are anticipated, inasmuch as the tract includes no residences. Non-residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Facilities. As indicated in the Capita] Improvement Program, below, it is not necessary to acquire or construct any public water or wastewater facilities initially, so there are none to be maintained. Should any extensions be made within the tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (including lighting). The City will provide maintenance of roads and streets over which the City will have jurisdiction. f. Maintenance of Pazks, Playgrounds and Swimming pools. As indicated by the Capital Improvements Program, it is not necessary to acquire or construct such facilities in this tract, so there aze none to be maintained. Should any such facilities be constructed by the City within the tract, the Parks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly Owned Facility, Building or Service. As indicated by the Capital Improvement :Program it is not necessary to acquire or construct any such buildings or facilities within the tract, so there are none to be maintained, and there are no other publicly owned services to which such maintenance would apply. Should any such facilities, building or services be constructed or located by the City within the tract, an appropriate City department will provide maintenance services for them. 2. Additional Services, Certain services, in addition to statutory services, will be provided within the tract to the same extent they are provided to similar territories elsewhere in the City, including: a. Library services from existing and future facilities in accordance with standard policies and procedures. b. Health services in accordance with standard policies and procedures. c. Other City services, to the extent appliicable to persons or properties within the tract, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the tract. Those improvements which aze necessary are indicated below, and any necessary construction or acquisition shall begin within two (2) years and be substantially complete within four and one-half (4 1/2) years of the effective date of this plan, except as otherwise indicated. Police Protection. Police protection for the tract can be provided by using existing capital improvements. 2. Fire Protection. Fire protection for the tract can be provided by using existing capital improvements, the closest existing fire station is located at 6099 Lewis Foster Dr., additional capital improvements are not necessary at this time to provide fire protection to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded fire- fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the tract as described in the early action program. However, the tract will 'be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Inasmuch as this tract is served by private water and wastewater facilities, no public; water or wastewater facilities are necessary at this time. Future extensions of public water or wastewater facilities will be covered by standard policies and procedures, and the tract will be included with other territory in connection with planning for new, revised or expanded water and waste wastewater facilities. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control and jurisdiction in, over and under public streets and roads within the tract subject to the jurisdiction of other government entities. Additional streets and roads or related facilities aze not necessary to serve the tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or streetlights will be governed by standard policies and procedures. The tract will be included with other territory in connection with planning for new, revised and widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by ~mg existing capital improvements. The closest existing facilities are at Fairlea Park and Lakeview Park. Additional capital improvements are not necessary at this time to provide such services to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded pazks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the tract by using existing capital improvements. Additional capital improvements are not necessary to provide them. However, the tract will be included with other territory in connection with planning for new, revised or expanded facilities. IV. AMENDII~NT: GOVERNING LAW This plan may not be amended or repealed except as provided by the act or other controlling law. Neither changes in the methods or means of implementing any part of the service program nor changes in the responsibi.lides of the various departments of the City shall constitute amendments to this plan and the City reserves the right to make such changes. This plan is subject to, and shall be interpreted in accordance with, the act, the Constitution and laws of the Federal Government of the United States of America and the State of Texas, and the orders, rules and regulations of Governmental bodies and officers having jurisdiction. EXHIBIT "B" PROPOSED SERVICE PLAN O~O~'~' C~LCIlVING LLC I• INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. II. 'T'ERM This plan shall be in effect for a term often 10 date of annexation of the tract. Renewal of flu's p shall be atthe option of thee Cie . Such option may be exercised by the adoption of an ordinance by the City CouncilTy which refers to this plan and specifically renews this plan for a stated period of time. III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Early Action Program and (2) Capital Improvement Program. B. Scope and Quality of Services. Services under this plan shall equal or exceed the number of services or level of services in. existence in the tract prior to annexation. However, it is not the intent of this plan to require that a uniform level of services be provided to all azeas of the City (including the tract) where differing characteristics of topography, land utilization and population density are considered as a sufficient basis for providing different levels of service. C. Definitions. As used in this plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities, other public service organizations to provide such services, in whole or in part. As used in this plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at a time that a service is requested or at a time that the service is made available or provided. The policies or procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid and may include eligibility requirements and similaz provisions. a. Library services from existing and future facilities in accordance with standazd policies and procedures. b. Health services in accordance with standard policies and procedures. c. Other City services, to the extent applicable to persons or properties within the tract, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the tract. Those improvements which aze necessary are indicated below, and any necessary construction or acquisition shall begin within two (2) years and be substantially complete within four and one-half (4 1/2) years of the effective date of this plan, except as otherwise indicated. Police Protection. Police protection for the tract can be provided by using existing capital improvements. 2. Fire Protection. Fire protection for the tract can be provided by using existing capital improvements, the closest existing fire station is located at 6099 Lewis Foster Dr., additional capital improvements are not necessary at this time to provide fire protection to the tract. Howc;ver, the tract will be included with other territory in connection with planning for new, revised or expanded fire- fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the tract as described in the early action program. However, the tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Inasmuch as this tract is served by private water and wastewater facilities, no public; water or wastewater facilities are necessary at this time. Future extensions of public water or wastewater facilities will be covered by standard policies and procedures, and the tract will be included with other temtory in connectian with planning for new, revised or expanded water and waste wastewater facilities. 5. Roads and Streets (including lighting}. I:n general, the City will acquire dominion, control and jurisdiction in, over and under public streets and roads within the tract subject to the jurisdiction. of other government entities. Additional streets and roads or related facilities aze not necessary to serve the tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or streetlights will be governed by standazd policies and procedures. The tract will be included with other territory in connection with planning for new, revised and widened or enlarged roads, streets or related facilities. 6. Pazks, Playgrounds, and Swimming pools. These services can be provided by using existing capital improvements. The closest existing facilities aze at Fairlea Pazk and Lakeview Park. Additional capital improvements are not necessary at this time to provide such services to the. tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded pazks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the tract by using existing capital improvements. Additional capital improvements are not necessary to provide them. However, the tract will be included with other territory in connection with planning for new, revised or expanded facilities. IV. AMENDMENT: GOVERNING LAW This plan may not be amended or repealed except as provided by the act or other controlling law. Neither changes in the methods or means of implementing any part of the service program nor changes in the responsibilities of the various departments of the City shall constitute amendments to this plan and the City reserves the right to make such changes. This plan is subject to, and shall be interpreted in accordance with, the act, the Constitution and laws of the Federal Government of the United States of America and the State of Texas, and the orders, rules and regulations of Governmental bodies and officers having jurisdiction. D. Early Action Programs l . Statutory Services. The statutory services will be provided within sixty (60) days after the effective date of this plan, except as otherwise indicated. a. Police Protection. The Police Department of the City will provide protection and law enforcement in the tract. These activities will include normal patrols and responses and the handling of complaints and incident reports. b. Fire Protection. The Fire Department of the City will provide fue protection in the tract. c. Solid Waste Collection. No residential collection services aze anticipated, inasmuch as the tract includes no residences. Non-residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Facilities. As indicated in the Capital Improvement Program, below, it is nut necessary to acquire or construct any public water or wastewater facilities initially, so there are none to be maintained. Should any extensions be made within the tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (including lighting). The City will provide maintenance of roads and streets over which the City will have jurisdiction. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvements Program, it is not necessary to acquire or construct such facilities in this tract, so there are none to be maintained. Should any such facilities be constructed by the City within the tract, the Parks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly Clwned Facility, Building or Service. As indicated by the Capital Improvement Program it is not necessary to acquire or construct any such buildings or facilities within the tract, so there aze none to be maintained, and there are no other publicly owned services to which such maintenance would apply. Should any such facilities, building or services be constructed or located by the City within the tract, an appropriate City department will provide maintenance services for them. Additional Services. Certain services, ui addition to statutory services, will be provided within the tract to the same extent they are provided to similar territories elsewhere in the City, including: EXHIBIT uA,i • .:. ;~ .. ~ .. •.. • , . ', EXHIBIT -- ~ •~ !::.;,c'' :.=• •~,r~i.f . ~; , _. . ,. , .~ ' ~• ' . ' Oxbow Calvin LLC ~•'~ 7b.5 ~ct'es oi` land out of th snore or less e B.C. Arthur Survey o` ` . ~ ~ ~=~i' ~ ~ k _ • , ,- Jefferson County;,TexaS; said .tract being a ; . i parE- of and lying rrithiri- '_ ~~'~~'•~•'=~ ~~-~ ;{ "Trac~• dne of OrdinancQ 69-36 of the~City' :. . r. or Port~Artnur, Texas; ~~:.- •~'=~-•~ ~~'~~s:-~:~: adapted Septem~sr l7, 19a9; being generally d2scri62d' as fol lo~1s to-~l(t'. ': *' ;• ~:° ~- ~'-•~' • :~ _ ~ • Seainri~ng at a point which i s the i ntersecti oh of tyre has terly water) one '=..+ <~:~~'T ;'; `~' r=~ v of the ~leSt turning basin of Taylor`s Bayou . I~iith the tlortharly.linz of a' i~:~•~•~~'-'""',~'~ • ~ • fortf-foot (h0'j county road projected in a tl2sterl•y direction; . ~ " ~j~'=,~ r y'.=='' + •`•~ • is ~ .. _ -':~_y1~~;`;.i.rY. ~ `' ~~~ ~~ ` ' • THFtlCE; itt~ a. !lortheasterly direction along tha Nor•tf3erly right-of-~•la . '~ <~`` '- ' . {'~~ .litre 0f s~ d county road proda-cted and alan _ g•tne t~orthsrly right-of-Na '';i~~r~r ~2~: . • ~ lima of tha ~q~unty road, a dtstance.of 1200 . _~,:~l~w;~' r: .,~._. feet, more or less, to a ~ _~oiii~ 1tt ~~e ,~ttihwesterly line of the pYap arty leased by K.C:S, to :=37~!' ,=•~~ -' ~ :i-- ; • (~lai•rzn Petroleum Company; • . - • . ~ =':; ~~r~ ,~' Norfhvtesterly direction .alang~ ' f°i „CE; Tn a the Sou~h~•lasterly line of '~~ ••' ~ `•'•'~ . e d stance of 502.4.f~t more o `' ~"•~~ ' aa;d rl~rren Petroletlrn Company L as-e, a i _ r -•= ~ .z _:.: ~ '~ • ~` ' " 1 pss; to. a poi nt for corner • ' `~ -'=' ~~;;.,i '' - _ , ' ' ._ _ - 4 Northeaster)y .direction along -~TtCrtCB in - ~ ` :r.• . '-;r'te'.. .,+. th_ Nvrth~~rastrrly lira of: said' ';:.: - ~ `:~; ~ " '; , . i•'arren~ petroleum Coa~parly Lease, a distznce. , of 300 feet, inorz or iess`.to. ~•;~:'~"-~~ ~~~ ''~ ..t. ~anint"~far corner; ~ ~ ., . ' '`~Y: •~ '::. •,. ,,: ::f;ErICE; in a Horthwasterly direction aiang . th, Sodthwzsterly line of ' •- '+::r~-~ •` • ~`~. said ldarr:~ir Petroleum Company lease, a distance of 450 feet. more or~ ,- =~~• . ~,.1.c,,: •'.:.' .,~ • i^s:,• t~ a point for corner; ~~ ~ ~ '; - ' ~' ';;,~`'•~r ~~ -• ~~ '?3'.ENCE~ ~r~ a ~{orthea_~ter'Iy direction along th? ffol-thtinsterly lirzof $aid ., • :~,,:=:~;;'•r•~~ ~ ' Company lease, a distance WaF-ren Fatf'aieun less,••~•• • '~:*~:~;;='•"~: of 471.2 feet, trorz or ' , . - to ~ poi ht for corner; ~ .. ~~ .-.~"' ': : ~~-. - ' •-. . sit ~ Southezsterly direction along l'1:Er:CE ~_. the f~ortheastzrly lies o: •.•~ :*; ;;; == .'.t,: • , •~ai:2 1•(arrer. Petroleum Company Lease, a distancz of 450 faet, More or ^~F ~~ V~ i l:ss, to a paint for cornar; ~ . •~` '~ ,~ 't-}1FP,CE; •jn a Northeasterly direction along tha i;or`.ht~°sterly lino of , ~ .- ~ = - ~ ~.• •.• . ~~ ' , ~~~d ~;ak-ren Petroleum Company Lease, a di:~tan~e of 200 feat, yore or . ` lecc; to ~ point for corner;. ~ ~ ~ , •_,_; ... :• ._ - '. ~_ '~ "'C •in a Soi,theastArly direction along HE 1 the Ptortheast~rly line~of said,. r. ~ . ~ d' t ce . of 430 'feat Wore or less; to klar--Fn Cctroleum Company Lease, a ~s an ;1,~,~ilrit for corner; said point being ]00 feet t~orth~•tas'terly of the cent:r~ • 'tine of ~h~ aforementiaped county road; '. ' •, . _ • '> '; llcrlc;E, irc a Hgrt:heaster~y direction along a line parallel to.ahd 100. '~ : ' :' ipet ilortljwasterly of the centerline of said county road, a distance of ?.c.70 foci:, Wore or less, •to a point for corner; said point being 100 feet , South a` the centerline of the main tracts of tha.Kansas. City Southern tr,~ct~ lending to Great Lakas CarSan Carpara; ion Ie~Sed prop_rty; lu- u,~. a.~ u : uu U +ue bOJ J+UV ~,nc.ii ~.u~:.~_ .,~ • e~•N uLl u 11- u21 ~~ . ~ ~ ~ - ~'~ page 2 ' - .. • .. - .r _ • . ~ r .' . ' -` h ch is lOQ f South, o` and parallel to the ~ ~ '..;,• • -:;= -~_~ ' THErir.E, along a line t•i 1 eet ine tra~ts in a generally• =: =•-• ". Kansas City Southern main 1 ~ = •. ':,~,; =: • cen'terl'ine of said h i on the tiorthzasterly..line of ahe_=~~,.; ^ ~ ,f,~~. ~~Jesterly direction tv a point ~•;hic 5' - - ;~~. - : _ :r' ':~;.~;;~I~.•'ti .~,tr.,. ~,::;~: blar~.eii.. A..e~rol eurte Company Lea'se;' • .. ~ '~'. .. . ". ~:...-~: ~::~•-•-..= ZL~.•,.:~. ~;' i=s: ~• ;~. : • ._ chi Z5 feet South-'•: ~'. ,~ ••-_'~ - ::, .. - to a Dint whi S - "}•"` •:~' ~•i1~NCE,' ~n a Northwesterly direction p Southern nai;~ line;• •• =~ ~~:.-':`-~ • ` easterly of the centerline•of said Kansas City ,:..-~.:~:L~~;~,*~~.;•!~ z: . • . ; .. ~ , ,and South_asterly direction, -'-'~r' -r''"r_ ~ -. - `Il~ENCE, i~ a South~desterly, 1~lesterl,/ ~ g feet Southerly of .. ••. .-; _~ ~; '~: • analZel to and 2 _-..'~:,~=~ ~~'~ ..~•~ following,,a`Iong aline which is p e o= ll~Z0~23". -•-. ' . ;.• - . ' Ba ou and around a tutu :-~='" ~;~'.said main ''1;T1(e; along Taylors Y ~ basin of Taylor's ' `''•~-~':;. . ~ ~ 19 26' to a point on the ~tzst turning ., `• ~~:;~ _- . ,'; ,; .direction along the Nest turning basin; n ~~ ,:. •:•••---• , = '. THENCE; in• a So~lthwesterly f said kest turning basin; - _ •~'~;`~:_~`- ~: mince of t to the ~raterl ine o - _ ~: ~~•_, ~':: ' 1' gist.. 25 fee ~' • t t•~aterl ine of said ~ : ~ = _ :•' 7HEtlC'"; in a Southea-sterly- direction adocklin0 of Great Lakss Carbon • '_- ~'"= -,'' 1~lsst turning basin, v~hicl: -is also the •;,-:,., .:;;:-~ = :_` -Cot lrstior,, to a point on the Iiorthwesterly lisaidf ointabztnfietheoPlace :;•~ ...~'r ~+.,t.•.: ;: ~~1p~;y ,road projected in a Westerly direction,. p - n 76.E ~:-L='~= tract c 9 t. u~.lu ein described tract:; said ontain - ~,: ~ : .:.. o e her Exhibi _ _ :.: -; 1 f Feg~Inning of~th less, and bean fUrthar described on .~y~ :~~,;,:,~ acres of •1 and, more' or q - _ :~- f ~ ~. .; 'atL4Ched hereto and i ncorporateZ herein . - - - • .. . ' , . ~ , - ,Y;~c:;'. ~• r-,. -itA_,~^ thur Survey of .Jeffet'- ' ; :_'.~,-'~,~~.` {nore~o ess out of the B.C. Ar within '`Tract •- • ;, .-a,; ~:. .43 Acres o~ jand, r 1 art of and lying - ion .Cgiinty, Texas; said tract being ofpPar Ar~htlr: Texas, adopted Sep= ;~ .j -; ~`,,;.,.. O;t~" -bf Ut-di~ance 6Q-36 of th_ CZtescribadtas follo~:r~~ 'to=pit:. . - • ~. ;':y'. 4~.-- ~~ p~ibe 17 1969; being generally d - ~ _ :.~ :~.: t ._._ r'`. i ~ ection asterly rla~erl~ne . _ '` •' '•.. [ rh is the inters °f tFie E line of.a. `'`•f. - :, tint a~hi _ tie Southerrly ~ ~'~•• - ~.cr~nrncing at n p o Ta l Dr's ga:~o~f Sri th - • . ~,-~; ~ • .~- - ~`'-~ of ttj~~ 11est turning basin f y ected in a ~JeSterly:direction; ... `.- ; ~ a,-. : '~ -r ~ ~ t road pra,j ,.. art !•40) coup y t t ,., • i . Y °0` direction along tne~So~lt~erly right-ofa~ay • ~_' '~ ~_ ' ' -~ICfICE s {n a Northeasterly ~ the ~SolltheY'ly . • .- _; ... _ - Dad projected and along 2L trora or less, to the '~'~ ~'''' Zi1ie of said county r ~of~420 fe `~ ~• _• . .- - ~`:~ :~.' . a distance ''' .:line cif t;~e co~int;~ road, described tract; - ~ _ .. ' • _= ~*•=';~-. of the hereinafter _ '~- • paint:oF beginning the South_rZY t ~ • ~`.'..} direction.along a Northeasterly , ccunty roan, a •distance n~. . •(I~EIICE, continuing in aid' forty--foot (~~~ 1 `• = ~ - right--ot.,l~~y l,or 1{ s ~ to point for cornar~ _ . ,. - t~. 150 feet, more ess a ••• - ore or~ ' ~ '' ' torl • di recta on • •a distance of •125 fleet, n- . _ . ; : • . 1 lI1=~1C n a Sou theas _ y ~. - .- ' ..~ _• • `; ;'• .~ E' i point for r.orner;. - - • ' • .~• '~ 1• . . • _ . :, to ~ •- s- ~~ • Page ~ 4 ~ •r. _ ~ ... `.~~ .1 :1;: ~rHErICE, in a Southwesterly direction, along a line parallel to and 725 • = ~` .'.' ,~~ _ .' feet from-the Southerly right-af-~~~a}-_line of said county road, a distance ~ •r' `,.-- ` `or 150 feet, more ar~less; •to a point:•.for corner ~• ` ~ • ~ :.,; `'=-* ~~' ;'~ '~ .. .TkEN~~, in a Plorthwasterly direction; a distance of 125 feet to a'.boint ~.'•'`' Yw,- r :•~~,.:~.. .on tha Southerly .1ina of skid county road and the Place. of Beginning pf = •r. r-• !j =•L i-h~, het'rin described Lract; said tract containing .~3 acres ofi land', more" "`•'? •:, •'•'or ~T~ss and bein fdrther.descrihed on Exhibit "A-T" attacheQ. hereto ~ ~~"•''" •~~'; •' • ~Yn~axpgratEd heYe•in.•~= .~, ~ • . ,, • • _ - - . _ . .• -.:.,c •~•, ,4 .~~~.~L .!' 1`',.T`~,~,fi. ~~. r' •tr` ~•~,~.. •)' •a, ~ •r ~' r •r •-.. V 1••,'~-•r•rr :~ •\1 n•~- ~f ff ~~rd ~~lr~,~r ~-:• 1•.1-U/`.•i• •t`•C ti...• ~.-. •`'• 3•l l...~ .. .• .. • .~. _.. - •~_ ; -•7' ~• •~ •.1'~'• .i :~':.~• L., •t.i• :~~,.r. J':• ~a.1~ .r• '' :; i~• ~ ~1• ~.•t tr ~•\'.• '~ i ;l`_ '}r{( •.~: ~.•-L~J -;}_ '~ } -ter •1; a. '' ~ •' :. r: .~ t- I •~~~~.:• r •"1 ~: .i~ y 'i1 '•J- •i`r I• ~: •?•1~ :1' . C•S tj~r: ~• ;• - f• '. ~••r•i •~ .•, !t, •~ :lr • ~;, ~ fir' ,~ ••~ - _~ : ,. i1 '•.-. '(' . ~ ... •',, `;- ;, ., - :'~ _!;: ~•~r1 s• `••~•' \:.;f. ~l`• '•' i .'`, •.••-" ^ - , .1 A; •,•751.: ~•~.~.• •7 . ~yj J.'•?'.~~ •!' ? ~ ~ ! r-~ «f .•. :+; ',.. `. ~ - 1, i -, .\ ~: • `, : : y `..• ',`^'. .t • 1~Q.J'~ ~'•.7f t'•r (•''r• •7. ••1 • rr,. I ~• •1. is ,•r .~.' .l ,\~ ~ _ •I,r `~ _ 'r•~y~ •A•, •!.',• •~~ a••~}rw ~` •a `. tr • .. 1 ~.- 1 ~ 4 r-~••. •• •h.• ,1~• 'l. - •t `'. r•~•••r. `.a. - _ -`' ~ •.ti•-,a.•t- ~ '~ -i'•'~~1 ''r l:.. •~y~j.• 'ter ••- •,' .. - fir;",~ •-\r,r•- •i •z• •r ~Il .~, '~ ~,• L. ' ' ~ • .. ' EXHIBIT ~B-10" EXHIBIT "C" PROPOSED SERVICE PLAN PP;~~-XAIR I. INTRODUCTION This service plan (plan) is made by the City of Port Arthur, Texas (City) pursuant to Section 43.056 of the Local Government Code. II. TERM This plan shall be in effect for a term often (10) years commencing on the effective date of annexation of the tract. Renewal of this plan shall be at the option of the City. Such option may be exercised by the adoption of an ordinance by the City Council, which refers to this plan and specifically renews this plan for a stated period of time. III. SERVICE PROGRAM A. In General. This plan includes two service programs: (1) Early Action Program and (2) Capital Improvement Program. B. Scope and Quality of Services. Services under this plan shall equal or exceed the number of services or level of services in existence in the tract prior to annexation. However, it is not the intent of this plan to require that a uniform level of services be provided to all areas of the City (including the tract) where differing chazacteristics of topography, land utilization and population density aze considered as a sufficient basis for providing different levels of service. C. Definitions. As used in this plan, providing services includes having services provided by any method or means by which the City extends municipal services to any other area of the City. This may include causing or allowing private utilities, governmental entities, other public service organizations to provide such services, in whole or in part. 2. As used in this plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect either at a time that a service is requested or at a time that the service is made available or provided. The policies or procedures may require that a specific type of request be made, such as an application or a petition. They may require that fees or charges be paid and may include eligibility requirements and similaz provisions. D. Early Action Programs 1. Statutory Services. The statutory services will be provided within sixty (60) days after the effective date of this plan, except as otherwise indicated. a. Police Protection. The Police Department of the City will provide protection and law enforcement in the tract. These activities will include normal patrols and responses and the handling of complaints and incident reports. b. Fire Protection. The Fire Department of the City will provide fire protection in the tract. Solid Waste Collection. No residential collection services are anticipated, inasmuch as the tract includes no residences. Non-residential service and future residential service will be governed by standard policies and procedures. d. Maintenance of Water and Wastewater Facilities. As indicated in the Capital Improvement Program, below, it is not necessary to acquire or construct any public water or wastewater facilities initially, so there aze none to be maintained. Should any extensions be made within the tract, normal maintenance services will be provided. e. Maintenance of Roads and Streets (including lighting). The City will provide maintenance of roads and streets over which the City will have jurisdiction. f. Maintenance of Parks, Playgrounds and Swimming Pools. As indicated by the Capital Improvements Program, it is not necessary to acquire or construct such facilities in this tract, so there aze none to be maintained. Should any such facilities be constructed by the City within the tract, the Parks and Recreation Department will provide maintenance services for them. g. Maintenance of any other Publicly C?wned Facility, Building or Service. As indicated by the Capital Improvement Program it is not necessary to acquire or construct any such buildings or facilities within the tract, so there are none to be maintained, and there aze no other publicly owned services to which such maintenance would apply. Should any such facilities, building or services be constructed or located by the City within the tract, an appropriate City department will provide maintenance services for them. 2. Additional Services: Certain services, in addition to statutory services, will be provided within the tract to the same extent they are provided to similaz temtories elsewhere in the City, including: a. Library services from existing and future facilities in accordance with standard policies and procedures. b. Health services in accordance with standard policies and procedures. c. Other City services, to the extent applicable to persons or properties within the tract, in accordance with standard policies and procedures. E. Capital Improvement Program. The City will initiate the construction or acquisition of capital improvements necessary for providing municipal services for the tract. Those improvements which aze necessary aze indicated below, and any necessary construction or acquisition shall begin within two (2) years and be substantially complete within four and one-half (4 1 /2) years of the effective date of this plan, except as otherwise indicated. 1. Police Protection. Police protection for the tract can be provided by using existing capital improvements. 2. Fire Protection. Fire protection for the tract can be provided by using existing capital improvements, the closest existing fire station is located at 6099 Lewis Foster Dr., additional capital improvements are not necessary at this time to provide fire protection to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded fire- fighting facilities. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services within the tract as described in the early action program. However, the tract will be included with other territory in connection with planning for new, revised or expanded solid waste facilities. 4. Water and Wastewater Facilities. Inasmuch as this tract is served by private water and wastewater facilities, no public water or wastewater facilities aze necessary at this time. Future extensions of public water or wastewater facilities will be covered by standard policies and procedures, and the tract will be included with other territory in connection with planning for new, revised or expanded water and waste wastewater facilities. 5. Roads and Streets (including lighting). In general, the City will acquire dominion, control and jurisdiction th, over and under public streets and roads within the tract subject to the jurisdiction of other government entities. Additional streets and roads or related facilities are not necessary to serve the tract. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or streetlights will be governed by standazd policies and procedures. The tract will be included with other territory in connection with planning for new, revised and widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds, and Swimming Pools. These services can be provided by using existing capital improvements. The closest existing facilities are at Fairlea Pazk and Lakeview Pazk. Additional capital improvements are not necessary at this time to provide such services to the tract. However, the tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds and swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services: Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the tract by using existing capital improvements. Additional capital improvements are not necessary to provide them. However, the tract will be included with other territory in connection with planning for new, revised or expanded facilities. IV. AMENDMENT: GOVERNING LAW This plan may nit be amended or repealed except as provided by the act or other controlling law. Neither changes in the methods or means of implementing any part of the service program nor changes in the responsibilities of the various departments of the City shall constitute amendments to this plan and the City reserves the right to make such changes. This plan is subject to, and shall be interpreted in accordance with, the act, the Constitution and laws of the Federal Government of the United States of America and the State of Texas, and the orders, rules and regulations of Governmental bodies and officers having jurisdiction. 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