Loading...
HomeMy WebLinkAboutPO 6428: ANNEXING, PREMCOR REFINING GROUP, INC. (D/B/A VALERO PORT ARTHUR REFINERY) P.O. No. 6428 12/5/14 vrt/gt ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ARTHUR, TEXAS ANNEXING CERTAIN TERRITORY TO THE CITY, INCLUDING LAND OWNED BY PREMCOR REFINING GROUP, INC. (DB/A VALERO PORT ARTHUR REFINERY); MAKING CERTAIN FINDINGS AND PROVISIONS RELATED THERETO, ADOPTING A SERVICE PLAN AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the following Companies have "In Lieu Of Tax" Agreements or "Industrial District Agreements" with the City of Port Arthur (collectively, the "Industrial District Agreements") that expire on December 31, 2014 (collectively, the "Industrial Companies") that include certain areas of land and improvements within the area of extraterritorial jurisdiction of the City of Port Arthur(collectively, the "Industrial District Areas"): •Premcor Refining Group, Inc. (d/b/a Valero Port Arthur Refinery): Res. No. 08-494 (extended by Res.No. 13-626)Refinery and HOUP; and • Premcor Refining Group, Inc. (d/b/a Valero Port Arthur Refinery): Res. Nos. 05-164, 08-494, & 13-626- Hydrotreater Refinery Expansion; and • Premcor Refining Group, Inc. (d/b/a Valero Port Arthur Refinery): Res. Nos. 05-165, 08-494, 13-626- Tier II Expansion; and, WHEREAS, Entergy has metering locations and substations in the City's extraterritorial jurisdiction and in the Industrial District Areas; and, WHEREAS, the City and the Industrial Companies within the Industrial District Areas have not agreed to In Lieu of Tax or Industrial District Agreements to provide for continuation of the extraterritorial status of the Industrial District Areas after December 31, 2014; and, WHEREAS, the City has prepared a Service Plan for to provide City services to the Industrial District Areas upon annexation; and, WHEREAS, on September 29, 2014, the City of Port Arthur, Texas, (the "City") gave written notice of its intent to annex the territory within the Industrial District Areas (described in Exhibit A to this Ordinance and hereafter referred to as the "Area") pursuant to Section 43.062, Local Government Code; and, WHEREAS, on October 19, 2014, the City published notice in the Port Arthur News, for a Public Hearing to discuss the implementation of service plans for the extension of full municipal services to Industrial District Areas referenced above, which was held on October 28, 2014 at which persons interested in the service plans and the annexation of the Area were given an opportunity to be heard; and, s po6428_annexation Premcor WHEREAS, on October 19, 2014, the (1) City published notice in the Port Arthur News, and (2) posted a notice on the City's website of the first public hearing of the City Council to be held on October 30, 2014 at which persons interested in the annexation of the Area were to be given an opportunity to be heard pursuant to Section 43.063, Local Government Code; and, WHEREAS, on November 1, 2014, the (1) City published notice in the Port Arthur News, and (2) posted a notice on the City's website of the second public hearing to be held on November 11, 2014 at which persons interested in the annexation of the Area were to be given an opportunity to be heard; and, WHEREAS, on October 30, 2014 the City Council held its first public hearing on the annexation of the Area at which persons interested in the annexation of the Area were given an opportunity to be heard; and, WHEREAS, on November 11, 2014 the City Council held its second public hearing on the annexation of the Area at which persons interested in the annexation of the Area were given an opportunity to be heard; and, WHEREAS, the City Council has considered and approved the adoption of a Service Plan for the Area. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the City Council finds that the facts and recitals contained in the Preamble to this Ordinance are true and correct. Section 2. That the property referred to as the Area in the Preamble hereof, and more particularly described in Exhibit A to this Ordinance, a copy of such description which is attached hereto and made a part hereof for all purposes, (the "Annexed Property") is hereby annexed to the City of Port Arthur, Texas, and that the boundary limits of the City of Port Arthur, Texas, are hereby extended to include the Annexed Property and the same shall hereafter be included within the territorial limits of the City of Port Arthur, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of citizens of the City of Port Arthur, Texas, and they shall be bound by the acts, ordinances, resolutions and regulations of such City. Section 3. That the Service Plan for the Annexed Property, described in Exhibit B to this Ordinance, a copy of which is attached hereto and made a part hereof for all purposes, is hereby approved and adopted. Section 4. That the City Secretary is hereby directed to file with the County Clerk of Jefferson County, Texas, a copy of this Ordinance. Section 5. That a copy of the Caption of this Ordinance was spread upon the minutes of the City Council. s.po6428_annexation premcor Section 6. That the City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting as required by Texas Government Code Chapter 551; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 7. That if any provision, section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this ordinance are declared to be severable for that purpose. Section 8. That should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof ineffective or inapplicable as to any territory, such unconstitutionality, illegality, invalidity or ineffectiveness of such section or part shall in no wise affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to all of the remainder of such area, and the City Council of the City of Port Arthur hereby declares it to be its purpose to annex every part of the area described in Exhibit A referred to in Section 2 of this Ordinance, regardless of whether any other part of such described area is hereby effectively designated as annexed to the City. Provided, further, that if there is included within the general description of territory to be annexed as set out in Exhibit A referred to Section 2 of this Ordinance, which are presently part of and included within the limits of the City of Port Arthur, or which are presently part of and included within the limits of any other City, Town or Village, or which are not within the City of Port Arthur's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be hereby designated as fully as if such excluded and excepted area were expressly described herein. Section 9. That this Ordinance shall be effective as the date of the expiration of Industrial District Agreements or December 31, 2014, whichever is earlier. READ, ADOPTED AND APPROVED on this day of A.D., 2014, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: s.po6428_annexation premcor Mayor: , Councilmembers: , NOES: . Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: r;h4-c.R. • r- 4,,D Valecia R. Tizeno, City Attort l i v APPROVED FOR ADMINISTRATION: John A. Comeaux, P.E., Interim City Manager s.po6428_annexation premcor Exhibit A The Annexed Area s.po6428_annexation premcor MARK W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS,AND PLANNERS P.O.BOX 5492 BEAUMONT,TEXAS 77728 December 14, 1994 409/892.0421 TRACT 1 Chevron U.S.A. , Inc. - Port Arthur Refinery Jefferson County, Texas Being a 34.475 acre tract or parcel of land situated in the B.C. Arthur Survey, No. 227 and in Range 1, Block Number 2 and Range Q, Block Number Two (2) , Jefferson County, Texas and being out of a 49. 57 acre tract or parcel of land described in deed from Joe Stewts, Will Stewts, Mrs. Oriella Dupont, and her husband John Dupont, and David E. O'Fiel to Gulf Refining Company, dated July 3, 1914, recorded in Volume 658, Page 112 , Deed Records, Jefferson County, Texas, said 34 .475 acre tract being more particularly described as follows: COMMENCING at Gulf monument found for the southwest corner of a 0. 034 acre tract as described in Volume 219, Page 76, of the Deed Records, Jefferson County, Texas; THENCE North 41°13 '45" East for a distance of 1939. 55 found Gulf monument in the west line of a sixty (60) foot roadway; THENCE istane of 928.35 Seventh Street; a Street; THENCE North 41.24'00" East for a distance of 2301.30 feet to an iron rod set for the POINT OF BEGINNING of the herein described tract; THENCE South 48°34'25" East, a distance of 998.81 feet to a point for corner; THENCE North 41°16'34" East, a distance of 1469.56 feet to a point for corner; THENCE North 48°44'04" West, a distance of 945. 01 feet to a point for corner; ' THENCE North 41°16'41" East, a distance of 668. 38 feet to a point for corner in the westerly right-of-way line of State Highway TRACT 1 Page 1 of 2 Spur 214; orNcE Trth line3offi point State Highway for come for Spur 214; THENCE South 41°17 '24" West, along and with the southerly right- POITy line acres3of5land, more or POINT O less. Notes: 1) recorded inSVolumeP1, Page 24 ofn the oMap Records, as Jefferson County, Texas. 2) Drawing included on seperate sheet. . _. � _I ..•., ail. �«Y A r s6R `! Mark W. Whiteley, R.P.L.S. No. - 6 F:WP60\DATA\TRACT1.MLB TRACT 1 Page 2 of 2 MARS W. WHITELEY AND ASSOCIATES INCORPORATED CONSULTING ENGINEERS, SURVEYORS,AND PLANNERS P.O.BOX 6492 BEAUMONT,TEXAS 77726 December 14, 1994 409092.0421 TRACT 2 Chevron U.S.A. , Inc. - Port Arthur Refinery Jefferson County, Texas Being a 40.410 acre tract or parcel of land situated in the B.C. Arthur Survey, No.227, and being part of Two w CandtThreex(2 & 3) Range P, and Block Two (2) Range Q, Jefferson and being out of a 44 .88 acre tract in deed from Holland Texas Hypotheek Bank to Company, dated November 11, 1915, recorded in Volume 151, Page 627, Deed Records, Jefferson County, Texas, said 40. 410 acre tract being more particularly described as follows: COMMENCING at Gulf monument found for the southwest corner of a 0.034 acre tract as described in Volume 219, Page 76, of the Deed Records, Jefferson County, Texas; THENCE ulfrmonument' in"the6 west rlineiofaacsixtyl(60) 5 g foot f county found G roadway; THENCE 48°42'36" thetsouthaline distance ofWest feet to a Street; found G f THENCE North 41°24'00" East for a distance of 2301.30 feet to a point for corner ; said point also being the northwest corner of the 34.475 acre tract described as Tract 1; THENCE set f39 East distance 231. 49 feet to an iron d orthe POINTOF BEGINNINGof thehereindescribed tract; THENCE North 02°02'37" West, along and with the southerly right- of-way of a sixty (60) foot roadway, for a distance - y nce of 2655 .73 feet to a point for corner in the westerly q line of State Highway Spur 214; THENCE South 48°42' 36" East, along and with the westerly right- of-way line of State Highway Spur 214; for a distance of 1822.48 feet to a point for corner in the westerly right-of-way line of State Highway Spur 214; TRACT 2 Page 1 of 2 THENCE South 41017124" West, along and with the northerly right- of-way 1931.70 feet to the POINT land, more th or less. Notes: 1) Bearings Based on Port Arthur Land Co. Subdivision as recorded in Volume 1, Page 24 of the Map Records, Jefferson County, Texas. 2) Drawing included on seperate sheet. 0 • ' AI" ' b .11/6; j"\)5\ •-4414 "n. w. vvm nary `%-9�3� Mark W. Whiteley, R.P.L.S. No. 3636 y ' °4y ��1'�a'r ' ',G ::l HJE1_Y F;\W960\DATA\TRACT2.M&B TRACT 2 Page 2 of 2 TRACT 3 3,225 GROSS ACRES OF LAND AND WATER FOR ANNEXATION PURPOSES PART OF THE B. C. ARTHUR SURVEY,ABSTRACT NO. 61, THE T. & N.O.R.R. COMPANY SURVEY NO. 121, ABSTRACT NO.250, THE F.BAKER SURVEY NO. 2, ALSO KNOWN AS THE J.WESCOTT SURVEY,ABSTRACT NO. 725, THE N. E. ROGERS SURVEY NO. 1, ALSO KNOWN AS THE I. D. POLK SURVEY, ABSTRACT NO. 770, THE T. & N.O.R.R. COMPANY SURVEY NO. 282, ALSO KNOWN AS THE J. H. SPARKS SURVEY,ABSTRACT NO. 654, THE T. & N.O.R.R. COMPANY SURVEY NO. 281,ABSTRACT NO.319, THE T. & N.O.R.R. COMPANY SURVEY NO. 280, ALSO KNOWN AS THE J. WESCOTT SURVEY,ABSTRACT NO. 726, AND THE B. E. QUINN SURVEY NO. 1, ALSO KNOWN AS THE S. F. 12839 SURVEY,ABSTRACT NO. 916, JEFFERSON COUNTY,TEXAS BEING 3,225 acres of land and water, part of the B. C. Arthur Survey, Abstract no. 61, the T. &N.O.R.R. Company Survey No. 121, Abstract No. 250, the F. Baker Survey No. 2, a.k.a. the J. Wescott Survey, Abstract No. 725, the N. E. Rogers Survey No. 1, a.k.a. the I. D. Polk Survey, Abstract No. 770, the T. & N.O.R.R. Company Survey No. 282, a.k.a the J. H. Sparks Survey, Abstract No. 654, the T. &N.O.R.R. Company Survey No. 281, Abstract No. 319,the T. &N.O.R.R. Company Survey No. 280, a.k.a. the J. Wescott Survey, Abstract No. 726, and the B. E. Quinn Survey No. 1, a.k.a. the S. F. 12839 Survey, Abstract No. 916,Jefferson County, Texas; said 3,225 acre tract being more fully described by metes and bounds as follows, to wit: BEGINNING at a point on the present City Limit line of the City of Port Arthur, on the North line of a (Called 394.130) acre tract of land conveyed to Jefferson County Waterway and Navigation District, recorded in File No. 2003044558, Official Public Records, Jefferson County, Texas from which a '/z" steel rod, capped and marked "WORTECH", found for an angle point in the North line of the (Called 394.130) acre tract bears North 69 deg., 44 min., 35 sec., East, a distance of 336.35', having State Plane Coordinate value of N: 13884705.30, E: 3562445.41; THENCE, South 69 deg., 44 min., 35 sec., West, on the North line of the (Called 394.130) acre tract, a distance of 52.17' to a '/2" steel rod found; having State Plane Coordinate value of N: 13884570.78, E: 3562080.92; THENCE, South 09 deg., 24 min., 44 sec., East, continuing on the North line of the (Called 394.130) acre tract, a distance of 80.13' to a 1/z" steel rod found; THENCE, continuing on the North line of the (Called 394.130) acre tract the following courses and distances to points for corners: South 01 deg., 27 min., 36 sec., East, 30.03' South 25 deg., 23 min.,43 sec., West, 39.95' South 42 deg., 06 min., 06 sec., West, 39.89' South 53 deg., 27 min., 52 sec., West, 80.01' South 58 deg., 29 min., 28 sec., West, 89.86' South 66 deg., 40 min., 47 sec., West, 109.19' South 72 deg., 14 min., 39 sec., West, 70.88' South 82 deg., 03 min., 43 sec., West, 50.37' South 87 deg., 57 min., 35 sec., West, 70.19' North 06 deg., 53 min., 25 sec., West, 89.07' North 55 deg., 50 min.,46 sec., West, 17.68' North 12 deg., 46 min., 20 sec., West, 216.03' North 61 deg., 05 min., 46 sec., West, 55.94' North 58 deg., 46 min., 22 sec., West, 27.19' North 12 deg., 36 min., 02 sec., West,24.73' North 16 deg., 30 min., 11 sec., West, 85.24' North 14 deg., 44 min., 03 sec., West, 182.57' North 12 deg.,40 min., 45 sec., West, 313.86' North 40 deg., 01 min., 16 sec., West, 61.65' North 54 deg., 24 min., 11 sec., West, 90.83' North 21 deg.,46 min., 56 sec., West,48.40' North 59 deg.,21 min., 29 sec., West, 62.16' South 71 deg., 22 min., 23 sec., West, 103.86' South 50 deg., 14 min., 45 sec., West, 121.59' South 73 deg., 11 min., 03 sec., West, 51.01' South 85 deg., 38 min., 21 sec, West, 274.48' South 86 deg., 35 min., 26 sec., West, 300.25' South 85 deg., 42 min., 24 sec., West, 254.18' South 74 deg., 19 min., 33 sec., West, 179.32' South 73 deg., 34 min., 54 sec., West, 549.97' South 33 deg., 16 min., 53 sec., West, 206.57' South 02 deg., 28 min., 56 sec., East, 99.85' South 23 deg., 34 min., 30 sec., East, 239.18' South 07 deg., 29 min., 58 sec., West, 527.03' South 01 deg., 00 min., 36 sec., West, 196.89' THENCE, South 08 deg., 53 min., 39 sec., West, continuing on the North line of the (Called 394.130) acre tract, a distance of 1004.20' to a point for corner being the Northwest corner of the (Called 394.130) acre tract, the Northeast corner of a (Called 186.885) acre tract of land conveyed to Jefferson County Waterway and Navigation District, recorded in File No. 2005043069, Official Public Records, Jefferson County, Texas and an angle point in the South line of a (Called 1555.182) acre tract of land, known as Tract 7, conveyed to Clark Refining and Marketing, Inc., recorded in File No. 9505598, Official Public Records, Jefferson County, Texas; THENCE, South 87 deg., 16 min., 59 sec., West, on the common line of the (Called 186.885 and 1555.182) acre tracts, a distance of 2167.76' to a point for corner being the Southwest corner of the (Called 1555.182) acre tract and the most Southerly corner of the herein described tract; THENCE, North 04 deg., 32 min., 56 sec., East, on the common line of the (Called 1555.182) acre tract and a(Called 861.738) acre tract (Called Tract 16) conveyed to Port Arthur LNG Holdings, LLC, recorded in File No. 2006017390, Official Public Records, Jefferson County, Texas, a distance of 3349.28' to a point for corner; THENCE, North 06 deg., 05 min., 18 sec., East, continuing on the common line of the (Called 1555.182 and 861.738) acre tracts, a distance of 2106.88' to a point for corner being the Northeast corner of the (Called 861.738) acre tract and an interior "L"corner of the herein described tract; THENCE, South 89 deg., 17 min., 51 sec., West, on the common line of the (Called 861.738) acre tract and a (Called 1151.947) acre tract of land and water, known as Tract 8, conveyed to Clark Refining and Marketing, Inc., recorded in File No. 9505598, Official Public Records, Jefferson County, Texas, a distance of 8198.35' to a point for corner on the present City Limit line and being the most Westerly Southwest corner of the herein described tract; THENCE,the following courses and distances, 5' East of and parallel to the West line of the (Called 1151.947) acre tract, same being the present City Limit line, to points for corner: North 00 deg., 40 min., 42 sec., West, 5166.11' North 23 deg.,28 min., 56 sec., East, 174.91' North 14 deg., 30 min., 21 sec, East, 195.43' to a point for corner on the North line of the (Called 1151.947) acre tract, same being the South line of Taylor Bayou; THENCE, the following courses and distances on the common line of the (Called 1151.947) acre tract and South line of said Taylor Bayou; South 57 deg., 31 min.,06 sec., East, 78.12' South 49 deg., 59 min., 50 sec., East, 371.40' South 52 deg., 51 min., 34 sec., East, 227.17' South 67 deg., 41 min., 07 sec.,East,253.47' South 77 deg., 12 min.,47 sec., East, 373.97' North 79 deg., 28 min., 06 sec.,East, 191.78' North 64 deg., 24 min., 44 sec., East,286.48' North 53 deg., 03 min., 26 sec., East,602.21' North 42 deg., 00 min., 19 sec., East, 326.13 North 33 deg., 57 min., 50 sec.,East, 364.43' North 37 deg., 23 min., 39 sec., East, 188.18' North 75 deg., 06 min., 30 sec., East, 175.86' North 79 deg., 24 min., 26 sec., East, 121.65' South 70 deg.,46 min., 11 sec.,East, 197.27' South 76 deg., 48 min., 08 sec., East, 116.30' South 48 deg., 32 min., 57 sec., East, 95.94' South 32 deg., 04 min., 23 sec., East, 188.22' South 41 deg., 51 min., 21 sec., East,236.94' South 53 deg., 41 min., 50 sec., East, 248.38' South 60 deg., 56 min.,07 sec., East, 143.87' South 80 deg., 07 min., 07 sec., East, 318.06' North 70 deg., 32 min.,44 sec., East,413.98' South 75 deg., 38 min.,44 sec., East, 39.25' North 38 deg., 57 min.,23 sec., East, 185.95' North 34 deg., 37 min., 09 sec.,East, 268.89' North 45 deg., 10 min., 58 sec., East, 425.16' North 69 deg., 41 min., 05 sec.,East, 205.93' North 63 deg., 03 min., 31 sec., East, 143.32' North 71 deg., 30 min., 06 sec.,East, 137.90' North 87 deg., 01 min., 02 sec.,East,210.22' North 89 deg., 38 min., 49 sec.,East, 217.24' North 85 deg., 21 min., 19 sec., East, 189.34' South 88 deg., 00 min., 16 sec.,East, 214.13' South 88 deg., 09 min., 55 sec., East,201.28' North 87 deg., 17 min., 49 sec., East, 170.97' North 84 deg., 50 min., 30 sec., East, 242.77' North 80 deg., 46 min., 46 sec., East, 242.25' North 73 deg., 54 min., 12 sec., East, 272.02' North 72 deg., 26 min., 26 sec., East, 208.07' North 78 deg., 29 min., 29 sec., East, 210.13' North 78 deg., 47 min., 56 sec., East, 224.05' South 87 deg., 28 min., 17 sec., East, 157.57' South 69 deg., 52 min., 49 sec., East, 214.32' South 70 deg., 27 min., 07 sec., East, 185.16' South 02 deg., 54 min., 18 sec., East, a distance of 795.29' to a point for corner being the most Northerly common corner of the (Called 1151.947) acre tract and the (Called 1555.182) acre tract; THENCE, on the Northerly line of the (Called 1555.182) acre tract the following courses and distances to points for corner; South 51 deg., 19 min.,41 sec., East, 769.40' North 03 deg., 30 min., 08 sec., West, 358.89' North 39 deg.,41 min., 52 sec., East, 548.06' North 15 deg., 08 min., 19 sec., East, 252.95' North 22 deg., 42 min., 40 sec., West, 100.26' North 11 deg., 57 min., 53 sec., West, 109.29' North 18 deg., 03 min., 10 sec., West, 169.19' North 11 deg., 11 min., 36 sec., West, 120.91' North 09 deg., 21 min., 59 sec., West, 121.92' North 10 deg., 56 min., 43 sec., West, 87.61' North 08 deg., 24 min.,21 sec, West, 106.37' North 12 deg., 49 min., 13 sec., West, 99.75' THENCE, North 31 deg., 21 min., 02 sec., West, continuing on the Northerly line of the (Called 1555.182) acre tract, a distance of 104.69' to a 1/2" steel rod found, having a State Plane Coordinate value of N: 13895284.38, E: 3558797.09; THENCE, North 40 deg., 04 min., 03 sec., West, continuing on the Northerly line of the (Called 1555.182) acre tract, a distance of 110.89' to a 3" steel pipe found bent, having a State Plane Coordinate value of N: 13895369.24, E: 3558725.71; THENCE, continuing on the Northerly line of the (Called 1555.182) acre tract, the following courses and distances to points for corner; North 34 deg., 18 min., 16 sec., East, 147.09' North 55 deg.,41 min., 44 sec., West, 569.28' THENCE, North 34 deg., 18 min., 16 sec., East, a distance of 108.64' to a point for corner being the most Northerly corner of the (Called 1555.182) acre tract; THENCE, North 53 deg., 11 min., 57 sec., East, crossing a 100' wide Southern Pacific Railroad right of way, a distance of 105.66' to a point for corner being the most Westerly corner of a (Called 371.719) acre tract of land, known as Tract 6, conveyed to Clark Refining and Marketing, Inc., recorded in File No. 9505598, Official Public Records, Jefferson County, Texas; THENCE, on the Northwesterly line of the (Called 371.719) acre tract, the following courses and distances to points for corner; North 27 deg., 29 min., 13 sec., East,255.23' North 05 deg., 53 min., 10 sec., East, 318.66' North 64 deg., 13 min., 30 sec., East, 295.50' North 57 deg., 26 min., 04 sec., East, 541.26' North 54 deg., 27 min., 17 sec., East, 109.15' North 57 deg., 55 min., 28 sec., West, 25.01' North 02 deg., 46 min.,44 sec., West, 72.89' North 45 deg., 38 min., 07 sec., East, 38.21' North 65 deg., 33 min., 51 sec., East, 159.21' North 28 deg., 13 min., 27 sec.,East, 107.22' North 44 deg., 15 min., 20 sec.,East, 70.05' North 55 deg., 23 min., 54 sec., East, 156.61' North 61 deg., 41 min., 35 sec., East, 91.21' North 71 deg., 59 min.,45 sec.,East, 123.41' North 75 deg., 58 min., 06 sec.,East, 100.96' North 80 deg., 44 min., 26 sec., East, 80.91' North 87 deg., 44 min., 50 sec., East, 60.09' South 76 deg., 26 min., 45 sec., East, 126.04' South 50 deg.,23 min., 33 sec., East, 88.00' South 21 deg., 29 min., 56 sec., East, 24.05' THENCE, continuing on the Northwesterly line of the (Called 371.719) acre tract, on the arc of a curve to the left having a radius of 50.00', an arc length of 120.69', a chord bearing of North 89 deg., 20 min., 54 sec., East, a chord distance of 93.45' to a point for corner; THENCE, North 20 deg., 11 min., 44 sec., East, ON THE Northwesterly line of the (Called 371.719) acre tract, a distance of 398.67' to a point for corner; THENCE, North 57 deg., 53 min., 38 sec., East, a distance of 1616.87' to a point for corner on the present City Limit Line, being located on the Southwest line of a dedicated public right of way known as State Highway 82; said point for corner being the most Northerly corner of the (Called 371.719) acre tract and the most Northerly corner of the herein described tract; THENCE, South 53 deg., 15 min., 22 sec., East, on the present City Limit, same being the Northeasterly line of the (Called 371.719) acre tract and the Southwesterly line of State Highway 82, a distance of 2719.16' to a TxDOT concrete monument, found for the most Easterly corner of the(Called 371.719) acre tract; THENCE, South 32 deg., 41 min., 38 sec., West, on the present City Limit line, same being the Southeast Iine of the (Called 371.719) acre tract, a distance of 2496.99' to a point for corner; THENCE, South 53 deg., 15 min., 22 sec., East, a distance of 100.25' to a point for corner in the Southeast line of a 100' wide Southern Pacific Railroad right of way and the Northwesterly line of a(Called 554.093) acre tract of land known as Tract 3 conveyed to Clark Refining and Marketing, Inc., recorded in File No. 9505598, Official Public Records,Jefferson County, Texas; THENCE, North 32 deg., 41 min., 38 sec., East, continuing on the present City Limit line, the Southeast line of the Southern Pacific Railroad right of way and the Northwest line of the(Called 554.093) acre tract, a distance of 131.84' to a point for corner; THENCE, North 33 deg., 45 min., 01 sec., East, continuing on the present City Limit line and the Northwest line of the (Called 554.093) acre tract, a distance of 233.92' to a point for corner; THENCE, South 54 deg., 18 min., 39 sec., East, continuing on the present City Limit line, the Northwest line of the (Called 554.093) acre tract, and the Southwest line of a dedicated public right of way of varying width known as State Highway 87, a distance of 60.01' to a point for corner; THENCE, the following courses and distances on the present City Limit line, same being the Southeasterly right of way line of said State Highway 87, and the Northwest line of the (Called 554.093) acre tract to points for corner; North 33 deg.,45 min., 01 sec., East, 1850.06' South 56 deg., 14 min., 59 sec., East, 13.99' North 33 deg.,45 min., 01 sec., East, 172.65' to a TxDOT concrete monument found; THENCE, North 55 deg., 55 min., 07 sec., East, a distance of 109.92' to a point for corner on the intersection of the Southeasterly right of way of said State Highway 87 and the Southwesterly right of way of said State Highway 82; THENCE, South 53 deg., 14 min., 59 sec., East, continuing on the present City Limit line, and the Northeast line of the (Called 554.093) acre tract, a distance of 2475.16' to a 5/8" steel rod found, having a State Plane Coordinate value of N: 13895388.42, E: 3566427.17; THENCE, South 06 deg., 38 min., 21 sec., East, on the common line of the (Called 554.093) acre tract and a (Called 9.48) acre tract of land known as Tract IX conveyed to Star Enterprise, recorded in Film Code 102-54-1357, Official Public Records, Jefferson County, Texas, a distance of 3063.88' to a point for corner on the Northwest right of way line of a 60' wide dedicated public right of way known as West 7th Street and the present City Limit line; THENCE, South 36 deg., 41 min., 29 sec., West, on the present City Limit line of the City of Port Arthur at 2195.61' passing an "X" scribed in concrete found at 3437.84', passing a 5/8" steel rod, capped "WHITELEY" found, and continuing for a total distance of 3685.61' to a point for corner on the common line of the (Called 554.093) acre tract and a(Called 40.511) acre tract of land known as Tract 4 conveyed to Clark Refining and Marketing, Inc., recorded in File No. 9505598, Official Public Records, Jefferson County,Texas; THENCE, North 53 deg., 18 min., 31 sec., West, on the present City Limit line, a distance of 240.00' to a point for corner; THENCE, South 36 deg., 41 min., 29 sec., West, on the present City Limit line, a distance of 500.00' to a point for corner; THENCE, South 53 deg., 18 min., 31 sec., East, on the present City Limit line, a distance of 820.00' to a point for corner; THENCE, North 36 deg., 41 min., 29 sec., East, on the present City Limit line, a distance of 115.05' to a point for corner in the Southwest line of an 80' wide Kansas City Southern Railroad right of way and the Northeast line of a (Called 103.224) acre tract of land known as Tract 5 conveyed to Clark Refining and Marketing, Inc., recorded in File No. 9505598, Official Public Records, Jefferson County, Texas; THENCE, South 46 deg., 16 min., 41 sec., East, on the present City Limit line, the Northeast line of the (Called 103.224) acre tract and the Southwest line of the Kansas City Southern Railroad right of way, a distance of 273.84' to a point for corner; THENCE, on the arc of a curve to the left having a radius of 794.50', a chord bearing of South 53 deg., 06 min., 43 sec., East, a chord distance of 138.66' on the present City Limit line, the Northeast line of the (Called 103.224) acre tract and the Southwest line of the Kansas City Southern right of way, an arc distance of 138.84' to a 5/8" steel rod, capped "WHITELEY", found for the most Easterly corner of the (Called 103.224) acre tract; THENCE, South 36 deg., 37 min., 04 sec., West, on the present City Limit line on the Southeasterly line of the (Called 103.224) acre tract, a distance of 30.33' to a Gulf Oil Monument found having a State Plane Coordinate value of N:13888437.66, E:3565105.01; THENCE, the following courses and distances on the present City Limit line of the City of Port Arthur and the Southeast line of the (Called 103.224) acre tract: South 36 deg., 36 min., 55 sec., West, a distance of 215.69' to a point for corner; South 30 deg., 23 min., 06 sec., East, a distance of 299.68' to a 5/8" steel rod found; South 21 deg., 23 min., 05 sec.,East, a distance of 229.53' to a point for corner; South 10 deg., 17 min., 55 sec., West, a distance of 65.04' to a 5/8" steel rod found; South 15 deg., 52 min., 18 sec., West, a distance of 200.00' to a 5/8" steel rod found; South 32 deg., 31 min., 22 sec., West, a distance of 199.74' to a 5/8" steel rod found bent; South 44 deg.,46 min., 18 sec., West, a distance of 198.19' to a 5/8" steel rod found; South 56 deg.,43 min., 55 sec., West, a distance of 201.81' to a 5/8" steel rod found; South 61 deg., 44 min., 55 sec., West, a distance of 200.00' to a point for corner; South 76 deg., 14 min., 55 sec., West, a distance of 800.00' to a point for corner; South 64 deg., 43 min., 55 sec., West,a distance of 199.30' to a point for corner; THENCE, South 44 deg., 17 min., 55 sec., West, at 87.65' passing the most Southerly corner of the (Called 103.224) acre tract, continuing across the turning basin for a total distance of 540.45' to a point for corner in the present City Limit line; THENCE, North 15 deg., 11 min., 48 sec., West, on the present City Limit line, a distance of 5238.73' to a point for corner; THENCE, South 74 deg., 48 min., 12 sec., West, on the present City Limit line, a distance of 591.16' to a point for corner; THENCE, South 15 deg., 11 min., 48 sec., East, on the present City Limit line, a distance of 1980.94' to a point for corner; THENCE, South 74 deg., 58 min., 30 sec., West, on the present City Limit line, a distance of 509.54' to a point for corner; THENCE, South 15 deg., 11 min., 48 sec., East, on the present City Limit line, a distance of 2539.00' to a point for corner; THENCE, South 74 deg., 58 min., 30 sec., West, on the present City Limit line, a distance of 510.00' to a point for corner; THENCE, South 15 deg., 11 min., 48 sec., East, on the present City Limit line, a distance of 1000.00' to a point for corner; THENCE, South 18 deg., 36 min., 48 sec., East, on the present City Limit line, a distance of 600.00' to a point for corner; THENCE, South 21 deg., 28 min., 28 sec., East, on the present City Limit line, a distance of 549.41' to the POINT OF BEGINNING and containing 3,225 acres of land and water, more or less; SAVE& EXCEPT,those tracts of land described in an Industrial District Agreement made between the City of Port Arthur and Chevron Phillips Chemical Company LP on December 23, 2013; SAVE & EXCEPT,those tracts of land described in an Industrial District Agreement made between the City of Port Arthur and Chevron U.S.A., Inc. on January 2nd, 2014. Note: Bearings, distances, coordinates and acreage are based on State Plane Coordinate Grid System,Texas South-Central Zone,NAD 83, Epoch 2011, Scale Factor=0.999902428, having a Convergence Angle of=02 deg., 28 min., 05 sec., And a Reference Monument=NGS AJ8221. Note: This document was prepared under 22 TAC §663.21, 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. December 3,2012. City of Port Arthur 'kP:G 1 F!9, ; . LS-14-0860 ,..,............. .�o'uA k THOM' , iE'''; i ' r ,- ''' TRACT 4 5.529 ACRES OF LAND AND WATER FOR ANNEXATION PURPOSES PART OF THE B. C. ARTHUR SURVEY, ABSTRACT NO. 61, JEFFERSON COUNTY,TEXAS BEING 5.529 acres of land and water, part of the B. C. Arthur Survey, Abstract No. 61, Jefferson County, Texas; being part of a (Called 40.511) acre tract of land known as Tract 4, conveyed to Clark Refining and Marketing, Inc., recorded in File No. 9505598, Official Public Records, Jefferson County, Texas; said 5.529 acre tract being more fully described by metes and bounds as follows,to wit: COMMENCING at a 5/8" steel rod, capped "WHITELEY", found for the most Easterly corner of a (Called 103.224) acre tract of land known as Tract 5, conveyed to Clark Refining and Marketing, Inc., recorded in File No. 9505598, Official Public Records, Jefferson County, Texas; being in the Southwest line of an 80' wide Kansas City Southern Railroad right of way; said capped rod having State Plane Coordinate value of N: 13888462.00, E: 3565123.10; THENCE,North 36 deg., 36 min., 51 sec., East, a distance of 80.33' to a point for corner being the POINT OF BEGINNING; said point being the Southern most corner of the (Called 40.511) acre tract; said point being in the Northeast line of said Kansas City Southern Railroad right of way and the present City Limit line; THENCE, on the arc of a curve to the right, on the present City Limit line, having a radius of 714.50', a chord bearing of North 52 deg., 32 min., 09 sec., West, a chord distance of 149.86', an arc length of 150.14' to a point for corner; THENCE, North 46 deg., 16 min., 31 sec., West, on the present City Limit line, the Northeast line of the Kansas City Southern Railroad right of way, and the Southwest line of the (Called 40.511) acre tract, a distance of 262.45' to a point for corner being the most Westerly corner of the herein described tract; THENCE, North 36 deg., 41 min., 29 sec., East, on the present City Limit line, a distance of 561.17' to a point for corner being the most Northerly corner of the herein described tract from which a 5/8" steel rod, capped "WHITELEY", found for the most Westerly corner of a (Called 28.036) acre tract known as Tract II, conveyed to Chevron U.S.A. Inc., recorded in File No. 2008027468, Official Public Records, Jefferson County, Texas, bears North 54 deg., 12 min., 02 sec., West, a distance of 579.96'; THENCE, South 54 deg., 12 min., 02 sec., East, on the Southwesterly line of the (Called 28.036) acre tract, a distance of 409.58' to a point for corner on the present City Limit line, the Southeasterly line of the (Called 40.511) acre tract for the most Southerly corner of the (Called 28.036) acre tract and the most Westerly corner of the herein described tract; from which a Gulf Oil monument, found laid over, for the most Westerly corner of the (Called 28.036) acre tract and the (Called 40.511) acre tract bears North 36 deg., 36 min., 55 sec., East, a distance of 1226.07'; said Gulf Oil monument having State Plane Coordinate value of N: 13889993.56, E: 3566261.16; THENCE, South 36 deg., 36 min., 55 sec., West, on the present City Limit line and the Southeast line of the (Called 40.511) acre tract, a distance of 601.70' to the POINT OF BEGINNIG and containing 5.529 acres of land and water, more or less. Note: Bearings, distances,coordinates and acreage are based on State Plane Coordinate Grid System, Texas South-Central Zone,NAD 83,Epoch 2011 Scale Factor=0.999902428, Convergence Angle= 02 deg., 28 min., 05 sec. Reference Monument=NGS AJ8221. Note: This document was prepared under 22 TAC §663.21, 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. December 3, 2014. City of Port Arthur � E O F LS-14-0860 ,,,,N.:„..6, AN\HO v M - ER ■ ' (::;:;..,.„r.-I..S l Exhibit B The Service Plan for the Annexed Area S.po6428_annexation premcor SERVICE PLAN Valero (Premcor Refining Group) 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 one (1) year 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. The present "in lieu of tax agreement" via Resolution Nos 05-164, 05-165, 08-494 and 13-626 with Valero (governed by Premcor's agreement) will expire December 31, 2014. 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 are considered as a sufficient basis for providing different levels of service. C. Definitions. 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 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 1. 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 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 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 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, 2 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 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 1201 Grannis Avenue. 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 3 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 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 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 using existing capital improvements. The closest existing facilities are at Carver Terrace Park, Texaco Park and Lincoln 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 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 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. 4