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HomeMy WebLinkAboutPR 15582: ANNEXATION PUBLIC HEARINGS - VALERO (PREMCOR)Interoffice MEMORANDUM To: Mayor, City Council, and City Manager From: Valecia R. Tizeno, First Assistant City Attorn y Date: October 16, 2009 Subject: P. R. No. 15582; Council Meeting October 20, 2009 Attached is P. R. No. 15582 as it pertains to setting Public Hearings as to review Service Plans for the annexation of the properties, including Valero [Premcor] that the City believes are not fully abiding by their Industrial District Agreement:. This Resolution assumes that the City Council will approve the Industrial District Agreement with Oxbow Calcining, (P. R. No. 15555). VRT:ts Attachments z.pr15582_memo P. R. No. 15582 10/16/09 is RESOLUTION NO. A RESOLUTION AS IT PERTAINS TO SETTING PUBLIC HEARINGS AS TO REVIEW SERVICE PLANS FOR THE ANNEXATION OF THE PROPERTIES (INCLUDING VALERO [PREMCOR]) THAT THE CITY BELIEVES ARE NOT FULLY ABIDING BY THEIR INDUSTRIAL DISTRICT AGREEMENTS WHEREAS, the City adopted Resolution No. 09-442, dated September 22, 2009, for the annexation of Praxair, Oxbow Calcining, and Chevron U.S.A.; and WHEREAS, Oxbow Calcining is also located in Tract 3, which contains the property of Valero (P.remcor Refining Group), and other entities; and WHEREAS, the City believes and is concerned that Valero has not fully abided by their Industrial District Agreement. 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 Praxair and Oxbow Calcining have executed Industrial District Agreements and therefore will not be annexed. Section 3. That the Agreement with Chevron U.S.A. is in the process of being reviewed as it pertains to the tracts to be included in their Agreement, which includes property from Tract 3 as it was returned from Valero (P:remcor). z.pr15582 Section 4. That the City is concerned that Valero (Premcor) is not fully abiding by its Industrial District Agreement. Section 5. That the prospective annexations and public hearings shall include the properi~y of Valero (Premcor), with the Service Plan, as denoted in Exhib_i.t "A". Section 6. That the Acting City Attorney is authorized to institute litigation as needed to enforce the Industrial District Agreements. Section 7. That a copy o.f 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 _~ _~ z.pr15582 APPROVED AS TO FORM: ~~ ACTING CIT ATTORNEY (~ -~ APPROVED FOR ADMINISTRATION: CITY MANAGER z.pr15582 EXHIBIT "A" EXHIBIT 'C" PROPOSED SERVICE PLAN PREMCOR REFINING•GROUP (VALERO) 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 of ten (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 azeas 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. Defuutions. 1. 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 azea 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 particulaz service which aze 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 standazd 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 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 aze none to be maintained. Should any such facilities be constructed by the City within the tract, the Pazks 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 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. 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 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 standazd 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 are 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. 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 aze 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 aze 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. 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 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 enlazged 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 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. 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.