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HomeMy WebLinkAboutPO 6459: DEDICATIN A 1.03 ACRE TRACT OF LAND FOR PARK PURPOSES P.O. No. 6459 4/23/15 ht/vt ORDINANCE NO. AN ORDINANCE DEDICATING A 1. 03 ACRE TRACT OF LAND FOR PARK PURPOSES IN THE CITY OR PORT ARTHUR, TEXAS AND PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, a request has been made that the City of Port Arthur designate a portion of land in the 600 block of West 8th Street as a community park in the area depicted at Exhibit "A" ; and, WHEREAS, Valero has proposed that the City of Port Arthur create a neighborhood park and garden as described in Exhibit "B" ; and WHEREAS, it is deemed in the best interest of the citizens of Port Arthur to designate said land as a city park, which will be available for public use . NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That the use of land herein designated as a public park may not be changed without a public hearing before the City Council prior to such change . Section 3. That the land herein designated as a park may not be sold without an election of the qualified voters of the City of Port Arthur. Section 4 . That all laws and ordinance of the City of Port Arthur governing the use of park shall apply to the new park designated herein. Section 5 . That this being an Ordinance not requiring publication, it shall take effect and be enforced from and after its passage. Section 6 . That the ordinance shall be effective immediately. Section 7 . That a copy of the caption of this Ordinance be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of A. D. , 2015, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: Deloris "Bobbie" Prince, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: • / / Ada. 40,/ Va 'vecia R. izen•,-741 City Attorney dir APPROVED FOR ADMINISTRATION: Brian McDougal, City Manager Exhibit "A" legal description (1.03 ACRE TRACT OF LAND) • 80'X60' LT C BLK R17 RESERVATION 815-21 REV RAYMOND SCOTT AVE (815 Rev Raymond Scott) • LT B BLK R 17 RESERVATION 32'X80' 811-13 KANSAS AVE (811 Rev Raymond Scott) • 80'X58' LT A BLK R 17 RESERVATION 601-611 8TH ST W (601 8th Street) • 55'X150' LT D BLK R17 RESERVATION (613 8th Street West) • 79'X150' LT E BLK R17 RESERVATION 621-27 8TH ST W (621 8th Street West) • 86'X150' LT F BLK R17 RESERVATION 637-43 8TH ST W (637 8th Street West) Exhibit " B" Port Arthur Community Garden and Park Project Description Valero is proposing to devote a portion of monies owed to the state in settlement of alleged environmental violations to the creation of a community garden/park in the West Port Arthur neighborhood under the state's Supplemental Environmental Project(SEP) provision. The current proposal is to locate the garden on a vacant tract now owned by the city of Port Arthur at 8th Avenue and Kansas. The gardens would provide plots for individuals and organizations to grow produce and an area for fruit trees. In addition, the plan for the garden/park would be to include a structure to be used for meeting space, storage, bathrooms and rainwater collection, as well as other amenities such as a playscape. The monies to be used for the project would cover the startup expenses, including design, construction, equipment and plant material, along with an amount to be placed in trust to cover ongoing operational expenses such as maintenance, utilities and replacement equipment and materials Requirements of the SEP Agreement In order to use these monies, Valero will have to sign an agreement with the state setting out legal obligations for the project and for the company. These requirements will address acquisition of the property, management of the funds, timing and usage of the SEP monies. Property Acquisition Requirement TCEQ generally requires that where property is involved,the respondent is required to ensure that the land is dedicated in perpetuity to the SEP purpose via a third party conservation easement. The standard language included in such SEPs provides as follows: Any real property purchased using SEP funds must be preserved in perpetuity through a conservation easement to preserve the property as green space in perpetuity. The conservation easement must comply with Subchapter A, Chapter 183, Texas Natural Resources Code. The holder of the easement must be an entity that meets the definition of"holder" under section 183.001(2), Texas Natural Resources Code. In the case of the community gardens, TCEQ's preference would be to follow this precedent, preferably in conjunction with dedication of the property as a park. Given that the city owns this property,however,the question would be whether the city can transfer such an easement to another entity such as the Westside Neighborhood Group. If this is not possible, having the property dedicated as a park by city ordinance could potentially suffice. Other Requirements While this does not require action by the city,the SEP agreement will also direct the creation of a fund to pay for initial and ongoing expenses. The proposed language follows: The project may include reasonable direct costs associated with the construction and preservation of a community garden, including but not limited to: the purchase of the real estate; materials, including soil and lumber,for the construction of beds;garden tools and a structure to secure those tools;fencing; and plant material. Following construction of the gardens, any unspent funds may be held in an irrevocable trust, the income from which may be used for the purchase of tools from time to time and other direct costs reasonably necessary for the maintenance of the gardens. No SEP funds, nor the income from SEP funds, will be spent on administrative costs other than reasonable expenses incurred in the management of the trust. The SEP will be performed in accordance with all federal, state, and local environmental laws and regulations. q ) 41 4fir 6) '. 44 4)) \4 (4 - c._._ .(a\.> -7-r a'- it , '0 ?7,k, 45,0 00:19 -,.. , 4-60 e% 4-1- IV .3''' 4-s, 41 0 0 44S.". ("f> ,.,