Concerns linger over tank farm plan

LOCKPORT -- Alderman Bob Morris has concerns about a proposal for the city to annex the 170-acre "tank farm" portion of the former Texaco property.

Shell Pipeline leases the tank farm land and operates tanks containing crude oil. Chevron Corp. owns the land and is requesting annexation.

Morris says he intends to meet with City Attorney Ron Caneva and representatives from Chevron.

At Wednesday's city council meeting, Morris had several questions about the proposed annexation agreement. Caneva and Chevron's team answered some questions, but certain issues still stand out for Morris.

"There are some things about the annexation agreement that made me a bit nervous," Morris said Saturday.

Morris said the proposed agreement sets up parameters for an expedited building-permit approval, when Morris was under the impression that Chevron wanted a tank farm there.

Morris' concerns include:

• Eminent domain: On Wednesday night, Morris referred to a part of the proposed agreement that reads:

"City agrees, upon written request by owner or any developer/user, to exercise its power of eminent domain to obtain any easements and rights of possession required by owner or such developer/user for the installation of public utilities in order to service any portion of the subject property."

Morris commented, with concern: "Through an annexation agreement they have the right to use our power of eminent domain for their purposes."

Caneva responded: "Not for their purposes. It's really for public utility, which they have."

Caneva later said that if the development needs public utilities -- for instance, a water line or a sewer line from the city -- then Lockport could use eminent domain to obtain it.

"They don't have the right to condemn," Caneva said of the developers.

"And it also says that they will reimburse us all the reasonable fees, attorney's fees and related court costs," Caneva said of the agreement.

• Building permits: Morris referred to a part of the proposed agreement that reads:

"City will coordinate building permit reviews with other governments and agencies thereof which have authority or jurisdiction over the subject property."

Morris commented: "The contractor-developer is usually responsible for all the building permits."

The 580-acre former Texaco property, much of which already is annexed into Lockport, is on the northwest side of town.