HomeMy WebLinkAbout(03) 13128: SETX COMMUNITY DVLPINTER
,,,,, MEMO
To: Mayor, City Council & City Manager ~ ·
From: Mark T. Sokolow, City Attorney ! ~-~w~ ~
Subject: P. R. No. 13128 Council, Meeting May 24, 2005
Date: May 18, 2005
Attached is P.R. No. 13128 as it pertains to a settlement
between Southeast Texas Community Development, Inc., Reginald
Singleton, Mary Singleton, and the City of Port Arthur Section 4a
Economic Development Corporation. The City of Port Arthur Section
4A Economic Development Corporation agreed to pay back taxes in
the approximate amount of $2,000 to facilitate the closing and
transfer of title to 743 Procter Street to the City of Port Arthur
Section 4A Economic Development Corporation.
MTS:ts
Attachment
cc: VIA FACSIMILE (409) 835-2115
Guy Goodson
OERMER OERTZ, L.L.P.
550 Fannin Street, Suite 700
Beaumont, TX 77701
z .prl3128 ,memo
P. R. No. 13128
05/18/05 -
RESOLUTION NO.
A RESOLUTION AS IT PERTAINS TO A SETTLEMENT
BETWEEN SOUTHEAST TEXAS COMMUNITY DEVELOPMENT,
INC., REGINALD SINGLETON, MARY SINGLETON, AND
THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION
WHEREAS, the City Council approved a settlement as described
in Exhibit ~A" between Southeast Texas Community Development, Inc.,
Reginald Singleton, Mary Singleton, and the City of Port Arthur
Section 4A Economic Development Corporation per Resolution No. 05-
109; and,
WHEREAS, the City of Port Arthur Section 4A Economic
Development Corporation is also willing to pay the back taxes of
approximately S2,.000 to facilitate the settlement and transfer of
title.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PORT
Section 1. That the facts and opinions in the preamble are
true and correct.
Section 2. That the City Council approves the payment of
back taxes d~d closing costs by the City of Port Arthur Section 4A
Economic Development Corporation as to facilitate the settlement
and transfer of title to Lot 23, Block 129 (743 Procter Street).
Section 3. That a copy of the caption of this Resolution
be spread umon the Minutes of the City Council.
READ, ADOPTED /%~TD APPROVED on this __ day of A.D.,
2005, at a Regular Meeting of the City Council of the City of
Port Arthur, Texas, by the following vote: AYES:
Mayor Council:
;
NOES:
OSCAR ORTIZ, MAYOR
ATTEST:
EVANGELINE GREEN, CITY SECRETARY
APPROVED AS TO FORM:
MARK T. SOKOLOW, CITY ATTOR/qEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER
CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION
z.pr13128
EXHIBIT "A"
THE STATE OF TEXAS §
COIIRTY OF JEFFERSON §
SETTLEMENT AGREEMENT AND RELEASE
WHEREAS, on or about April 23, 1999, Southeast Texas Community
Development, Inc. received an economic incentive grant of $68,000
from the City of Port Arthur Section 4A Economic Development
Corporation to hire directly or indirectly up to sixty-eight (68)
employees for a kitchen incubator program over a two (2) year
period; and,
WHEREAS, Southeast Texas Community Development, Inc. failed to
create the incubator program; and,
WHEREAS, Mary Singleton, Reginald Singleton, and Southeast
Texas Community Development Inc., desire to deed the property at
743 Procter Street (Lot 23, Bock 129) to the City of port Arthur
Section 4A Economic Development Corporation in settlement of the
above mentioned defaulted economic incentive grant; and
WHEREAS, the Southeast Texas Community Development, Inc., Mary
Singleton, and Reginald Singleton have deeded clear and marketable
title (with all liens being released) to the building and lot at
743 Procter Street; and,
NOW THEREFORE, based on the consideration of the receipt by
the City of Port Arthur Section 4A Economic Development Corporation
of marketable title (with all liens being released) to the building
and lot at 743 Procter Street, the City of Port Arthur Section 4A
Economic Development Corporation herein releases Southeast Texas
Community Development, Inc., Reginald Singleton, Mary Singleton,
and their officers and directors from any and all claims from the
incentive agreement with Southeast Texas Community Development,
Inc., dated on or about April 23, 1999 as it pertains to the
kitchen incubator program.
z. release_o f_liens_setxcd - inc 2
AGREED TO AND EXECUTED this day of , A.D.,
2005.
THE CITY OF PORT ART~u'~ SECTION 4A ECONOMIC
DEVELOPMENT CORPORATION
By:
APPROVED AS TO FORM:
Mark T. Sokolow, City Attorney
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared , known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as
the act and deeds of the City of Port Arthur Section 4A Economic
Development Corporation, for the purposes and considerations
therein expressed, and in the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
2005.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
AGREED TO AND EXECUTED this day of ,
A.D., 2005.
THE SOUTHEAST TEXAS COMMUNITY DEVELOPMENT, INC.
By:
Duly Authorized Agent
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared , known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as
the act and deeds of Southeast Texas Community Development, Inc.,
for the purposes and considerations therein expressed, and in the
capaclt le therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this __ day of
, 2005 .
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
z. release_o f _liens_s etxcd- inc 4
AaREED TO AND EXECUTED this -- day of ,
A.D., 2005.
Mary Singleton
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Mary Singleton, known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that she executed the same as the act and
deeds of Mary Singleton for the purposes and considerations
therein expressed, and in the capacities therein stated.
aIVEN UNDER MY HAND AND SEAL OF OFFICE, this __ day of
, 2005 ....
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
z.release of liens_setxcd.inc 5
AGREED TO AND EXECUTED this ~ day of ,
A.D., 2005.
Reginald Singleton
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned Notary Public, on this day
personally appeared Reginald Singleton, known to me to be the
person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deeds
of Reginald Singleton, for the purposes and considerations
therein expressed, and in the capacities therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
, 2005.
NOTARY PUBLIC IN AND FOR
THE STATE OF TEXAS
z. release_o f_liens_setxcd, inc 6