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HomeMy WebLinkAboutPR 24849 RECOMMENDING THE CPA DECLARE 900 ACRES (PA-8) ON PI A BROWNFIELD REDEVELOPMENT ZONE P.R. No. 24849 03/12/26 ht RESOLUTION NO. A RESOLUTION RECOMMENDING THAT THE CITY OF PORT ARTHUR FORMALLY DECLARE APPROXIMATELY 900 ACRES OF THE AREA KNOWN AS "PA-8",LOCATED ON PLEASURE ISLAND,AS A DESIGNATED BROWNFIELD REDEVELOPMENT ZONE,BASED ON HISTORICAL U.S. ARMY CORPS OF ENGINEERS SPOIL DISPOSAL PRACTICES AND DOCUMENTED ENVIRONMENTAL IMPAIRMENT. (REQUESTED BY COUNCILMEMBER LEWIS) WHEREAS,the Pleasure Island Advisory Board Commission("Commission")is charged with governance on Pleasure Island,that focuses on advisory capacity in the facets of management, operation, stewardship, and maintenance of municipal property and public assets on Pleasure Island, including areas historically impacted by federal dredge operations; and WHEREAS, multiple decades of dredge spoil placement, sediment deposition, and fill operations by the United States Army Corps of Engineers ("USACE") have materially altered a portion of the PA-8 tract,consisting of approximately 900 acres,resulting in disturbed hydrology, buried wetlands, and the creation of artificial spoil mounds and impaired soils; and WHEREAS, the Commission has direct historical knowledge of long-term federal spoil disposal practices on PA-8, including repeated instances of spoil deposition that have rendered the property environmentally degraded, underutilized, and unsuitable for productive municipal or public-benefit uses; and WHEREAS,the Commission acknowledges that the conditions present on portions of PA- 8 are consistent with the definition of a Brownfield under CERCLA §101(39), the EPA Brownfields Program, the Texas Urban Renewal Law (Tex. Loc. Gov't Code Chapter 374), and Texas Government Code §380.001, each of which recognizes sites with actual or *potential* contamination as candidates for formal Brownfield designation; and 2 P.R. No. 24849 03/12/26 ht WHEREAS, Brownfield redevelopment is recognized under Texas law as a valid municipal public purpose, including: the elimination of environmental blight; the restoration of impaired or abandoned land; the improvement of public health and safety; and the support of economic development and public-benefit land use; and WHEREAS,the Commission further finds that redevelopment of a portion of PA-8 would materially benefit Pleasure Island, improve environmental conditions, and support long-term economic vitality consistent with City objectives; and WHEREAS, the City Council of the City of Port Arthur, as the governing body and landowner of record (pursuant to the 1934, 1937, and 1997 State of Texas land patents), holds exclusive legal authority to formally classify municipal property as a Brownfield redevelopment zone; and WHEREAS,the Commission finds it necessary, prudent, and in the public's best interest to formally recommend that the City exercise its full statutory authority to declare a portion of PA- 8 a Brownfield Redevelopment Zone for the purposes of environmental remediation, public- purpose redevelopment, and the elimination of long-term blight caused by historical federal use. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: THAT,the facts and opinions in the preamble are true and correct. THAT, upon recommendation by the Pleasure Island Advisory Board Commission attached hereto as Exhibit"A",the City Council of the City of Port Arthur hereby formally declare a portion of the PA-8 tract (approximately 900 acres on Pleasure Island) a Brownfield Redevelopment Zone, pursuant to CERCLA §101(39), Texas Local Government Code Chapter 374, and Texas Government Code §380.001. P.R. No. 24849 03/12/26 ht THAT,this recommendation is based on the following findings by the Commission: 1. To promote Economic & Community Development on Pleasure Island; 2. To shift the narrative of Long-term dredge spoil deposition by USACE; 3. Impaired soil and hydrological conditions; 4. Evidence of environmental blight; 5. Underutilization of property caused by historic federal operations; 6. Conditions complicating reuse,redevelopment& further development; THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. THAT, this Resolution is effective immediately upon approval by the City Council. READ, ADOPTED, AND APPROVED THIS day of , 2026 at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: CITY OF PORT ARTHUR: Charlotte M. Moses Mayor ATTEST: Sherri Bellard, TMRC City Secretary P.R. No. 24849 03/12/26 ht APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager P.R. No. 24849 03/12/26 ht EXHIBIT "A" (Resolution approved by the Pleasure Island Advisory Board Commission) PLEASURE ISLAND ADVISORY BOARD COMMISSION RESOLUTION NO. 01-2025 A RESOLUTION RECOMMENDING THAT THE CITY OF PORT ARTHUR FORMALLY DECLARE APPROXIMATELY 900 ACRES OF THE AREA KNOWN AS "PA-8," LOCATED ON PLEASURE ISLAND,AS A DESIGNATED BROWNFIELD REDEVELOPMENT ZONE,BASED ON HISTORICAL U.S. ARMY CORPS OF ENGINEERS SPOIL DISPOSAL PRACTICES AND DOCUMENTED ENVIRONMENTAL IMPAIRMENT. WHEREAS,the Pleasure Island Advisory Board Commission ("Commission") is charged with governance on Pleasure Island,that focuses on advisory capacity in the facets of management, operation, stewardship, and maintenance of municipal property and public assets on Pleasure Island,including areas historically impacted by federal dredge operations;and WHEREAS, multiple decades of dredge spoil placement, sediment deposition, and fill operations by the United States Army Corps of Engineers ("USACE") have materially altered a portion of the PA-8 tract, consisting of approximately 900 acres, resulting in disturbed hydrology, buried wetlands, and the creation of artificial spoil mounds and impaired soils; and WHEREAS, the Commission has direct historical knowledge of long-term federal spoil disposal practices on PA-8, including repeated instances of spoil deposition that have rendered the property environmentally degraded, underutilized, and unsuitable for productive municipal or public-benefit uses; and WHEREAS, the Commission acknowledges that the conditions present on portions of PA-8 are consistent with the definition of a Brownfield under CERCLA §101(39), the EPA Brownfields Program,the Texas Urban Renewal Law(Tex.Loc.Gov't Code Chapter 374),and Texas Government Code§380.001,each of which recognizes sites with actual or*potential* contamination as candidates for formal Brownfield designation;and WHEREAS, Brownfield redevelopment is recognized under Texas law as a valid municipal public purpose, including: the elimination of environmental blight; the restoration of impaired or abandoned land; the improvement of public health and safety; and the support of economic development and public-benefit land use; and WHEREAS, the Commission further finds that redevelopment of a portion of PA-8 would materially benefit Pleasure Island,improve environmental conditions,and support long-term economic vitality consistent with City objectives;and WHEREAS,the City Council of the City of Port Arthur,as the governing body and landowner of record(pursuant to the 1934,1937,and 1997 State of Texas land patents),holds exclusive legal authority to formally classify municipal property as a Brownfield redevelopment zone; and WHEREAS, the Commission finds it necessary, prudent, and in the public's best interest to formally recommend that the City exercise its full statutory authority to declare a portion of PA-8 a Brownfield Redevelopment Zone for the purposes of environmental remediation, public-purpose redevelopment, and the elimination of long-term blight caused by historical federal use. NOW, THEREFORE, BE IT RESOLVED BY THE PLEASURE ISLAND ADVISORY BOARD COMMISSION THAT: SECTION 1.RECOMMENDATION FOR BROWNFIELD DESIGNATION. The Pleasure Island Advisory Board Commission hereby formally recommends that the City of Port Arthur declare a portion the PA-8 tract(approximately 900 acres on Pleasure Island) a Brownfield Redevelopment Zone,pursuant to CERCLA§101(39),Texas Local Government Code Chapter 374,and Texas Government Code§380.001. SECTION 2.BASIS OF RECOMMENDATION. This recommendation is based on the following findings: 1.To promote Economic&Community Development on Pleasure Island 2.To shift the narrative of Long-term dredge spoil deposition by USACE; 3.Impaired soil and hydrological conditions; 4.Evidence of environmental blight; 5.Underutilization of property caused by historic federal operations; 6.Conditions complicating reuse,redevelopment&further development; SECTION 3.TRANSMISSION TO CITY COUNCIL. The Commission humbly recommends this Resolution be transmitted to the Office of the City Manager, the City Attorney, the Mayor and City Council for placement on the next available City Council agenda,to be spread across the minutes and further empowering the Director of Pleasure Island to secure such designation. SECTION 4.COORDINATION WITH ECONOMIC&COMMUNITY DEVELOPERS The Commission supports continued engagement with all current developers/stakeholders on Pleasure Island regarding the redevelopment of PA-8 and recommends that the City Council recognize all developers within the 900 acres as public-purpose partners for the Brownfield redevelopment activities. SECTION 5.EFFECTIVE DATE. This Resolution is effective immediately upon approval by the Pleasure Island Advisory Board Commission. PASSED AND APPROVED this day of , 2025.