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HomeMy WebLinkAbout16129 ORD - 03/18/1981JD:jkh:3-18-81;1st AN ORDINANCE AMENDING ORDINANCE NO. 15898, AS AMENDED, TO REVISE THE DEFINITION OF "INDUSTRY" IN SECTION 2; ADDING SECTION 8 PROVIDING FOR SEVERABILITY: CLARIFYING CITY"S OBLIGATION TO CONTINUE SERVICES IN AN INDUSTRIAL DISTRICT IN ARTICLE I OF EXHIBIT 1; ELIMINATING QUALIFICATIONS FOR CONSIDERING NEW IMPROVEMENTS AT LESS THAN 50% OF MARKET VALUE IN COMPUTING A COMPANY'S IN LIEU OF TAX PAYMENT IN ARTICLE III(c) OF EXHIBIT 1; ELIMINATING THE EXPIRATION DATE OF AN INDUSTRIAL DISTRICT AGREEMENT AS A CRITERION FOR DETERMINING WIZEN AN AGREEMENT CAN BE TERMINATED OR AMENDED TO CONTAIN MORE FAVORABLE IN LIEU OF TAX PAYMENT TERMS WHICH HAVE BEEN GRANTED TO A SIMILAR INDUSTRY IN ARTICLE XII OF EXHIBIT 1; PROVIDING FOR FUTURE ANNEXATION CORRIDORS IN ARTICLE I OF EXHIBIT 1; PROVIDING FOR A PAYMENT IN LIEU OF SALES TAX FOR CERTAIN COMPANIES MAKING A MINIMUM PAYMENT IN ARTICLE III OF EXHIBIT 1; REFERRING TO ORDINANCE NO. 15959 DESIGNATING AREAS AS CORPUS CHRISTI INDUSTRIAL DEVELOPMENT AREAS NO. 1 AND 2 IN EXHIBIT 1; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the first sentence of Section 2 of Ordinance 15898 as amended, defining "industry," be amended to hereafter read as follows: "The term 'industry' for the purpose of this ordinance is defined to mean any person, firm or corporation owning a parent tract of land within the extraterritorial jurisdiction of the City of Corpus Christi, and within either Corpus Christi Industrial Development Area No. 1 or No. 2, as described in Ordinance No. 15949, and which is engaged primarily in manu- facturing or assembling of goods or processing of raw materials unserviceable in their natural state, which are extracted, processed, or made fit for use or substantially altered or treated so as to create commercial products or materials and/or which: (a) is engaged in a heavy industrial purpose, such as manufacturing plant; chemical or petrochemical plant; refinery, oil or other product storage terminal that if situ- ated within the City of Corpus Christi would be allowed only in I-3 zoning; (b) generates substantial tonnage through the Port of Corpus Christi; (c) creates a substantial number of jobs for the citizens of Corpus Christi; (d) is engaged in the business of constructing or maintaining the facilities 16129 ,MICROFILMED,, iS p 271984 of the industries described in (a), (b) and (c) above; (e) engages in the generation, transmission or distribution of electricity to the facilities of the industries described in (a), (b) and (c) above; (f) is engaged in the repair or storage of products, equipment, raw materials or supplies that are used by or shipped by the industries described in (a), (b), (c), (d) and (e) above;sor (g) has been dedicated by the owner and approved by the City as an 'Industrial Park' upon which there are improve- ments being used by one or more persons, firms or corporations, meeting the definition of 'industry' as defined in this Section 2." SECTION 2. That Section 8 be added to Ordinance No. 16898 as amended to hereafter read as follows: "SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose." SECTION 3. That the sentence comprising the second paragraph of Article I of Exhibit 1 be amended to hereafter read as follows: "During the term hereof City shall have no obligation to extend to said land any City services except fire pro- tection in the event Company makes additional payments to City under Article III(d) hereof, and such other City services as are being provided to and paid for by Company on the date hereof." SECTION 4. That the first sentence of Article III(c) of Exhibit 1 be amended to hereafter read as follows: "With respect to any new improvements or facilities, which are hereby defined as those being completed after January 1, 1974, Company shall pay to City five percent (5%) rather than the percentages of the amount of ad valorem taxes as calculated in paragraph (b) above for each year of use, i.e., 10% the second year in use, 15% the third year in use, etc." -2- SECTION 5. That the sentence comprising Article XII of Exhibit 1 be amended to hereafter read as follows: "If City enters into an agreement with any other landowner, within the extraterritorial jurisdiction of the City, engaged in a similar industry, as classified by Major Group according to the Standard Industrial Classification Manual(1) or enters into a renewal of any existing industrial district agreement with an industry of the same classification which contains in lieu of tax payment terms and provisions more favorable to such landowner. than those in this Agreement, Company and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain such more favorable in lieu of tax payment terms and provisions: (1)Standard Industrial Classification Manual. (Executive Office of -the President - Office of Management and Budget, Statistical Policy Division, 1972). 659 pp." SECTION 6. That the first paragraph of Article I of Exhibit 1 be amended to hereafter read as follows: "City covenants and agrees that during the term of this Agreement, and subject to the terms and provisions hereof, said land shall retain its extraterritorial status as an industrial district and shall continue to retain such status until and unless the same is changed pursuant to the terms of this Agreement. Except as herein provided City further covenants and agrees that said land shall be immune from annexation. Whenever it may be necessary, in the opinion of the City Council, to annex land not immune from annexation by an effective industrial district agreement pursuant to Ordinance No. 15898, and in order to carry out such annexation it is necessary, in the opinion of the City Council, to annex a strip or corridor of land contained within Exhibit 'A', Company shall designate, -3- within sixty (60) days after the City sends Company written request to provide such strip or corridor, a strip or corridor (hereinafter called 'annexation corridor') in a width and length legally sufficient to accomplish a contractual annexation corridor pursuant to Article I, Section 2 of the City Charter of Corpus Christi, and to enable the City to annex the aforementioned land not immune from annexation. Said annexation corridor shall thereafter be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, sub- ject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended. In the event that Company fails or refuses to make such designation legally sufficient to accom- plish such purpose, the City may, at its option, either (1) termi- nate this industrial district agreement and any guarantee of immunity from annexation shall thereafter be void, or (2) seek a mandatory injunction from any court of competent jurisdiction to compel Company to make such designation and perform such other acts as may be necessary for the City to annex said annexa- tion corridor pursuant to this agreement and to Article I, Section 2 of the City Charter, or both." SECTION 7. That the first sentence of Article VI(c) of Exhibit 1 be amended to hereafter read as follows: "In the event City breaches this Agreement by annexing or attempting to pass -an ordinance annexing any of said land, except as provided in Article I of this Agreement, Company shall be entitled to enjoin City from the date of its breach • for the balance of the term of this Agreement, from enforcing any. annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement." SECTION 8. That Article III(f) of Exhibit 1 be amended to hereafter read as follows: "(f) Minimum Payments. For any Company which qualifies as an industry under Ordinance No. 15898 and which has less than two million dollars ($2,000,000.00) in market value of improvements on said land subject to this agreement, such Company, in lieu of the payments in items (a), (b), (c),•(d) and (e) above, shall pay the lower of: • -4- (i) an amount in lieu of taxes on said land equal to one hundred percent (100%) of the amount of ad valorem taxes based on the market value of said land which would be payable to City if said land were situated within the city limits, plus an amount equal to one hundred percent (100%) of the ad valorem taxes on one million dollars ($1,000,000.00) of improvements which would be payable to City if said improvements were situated within the city limits, regardless of whether one million dollars ($1,000,000.00) of improvements exist on said land, or (ii) the amount of ad valorem taxes on land, improve- ments and personal property on said land which would be payable to City if said land, improvements and personal property were situated within the city limits of City, plus an amount in lieu of City sales tax equal to that which would be remitted to the State Comptroller annually by Company, and which would later be remitted to City by the State Comptroller, if said land were situated within the city limits." SECTION 9. That the third "WHEREAS" clause on the first page of Exhibit 1 be amended to hereafter read as follows: "WHEREAS, pursuant to said policy and the provisions of Article 970a, Revised Civil Statutes of Texas, known as the Municipal Annexation Act, City has enacted Ordinance No. 15898 indicating its willingness, within 90 days after final passage of said ordinance, to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating areas located in its extraterritorial jurisdiction as industrial districts, herein collectively called 'Districts' and Ordinance No. 15949 designating land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2; and". SECTION 10. That the necessity for amending the industrial district Ordinance No. 15898 in order to offer an agreement to qualified industries at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its -5- introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor, having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its intro- duction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the day of March, 1981. ATTEST: APPROVED: i DAY OF MARCH, 1981: J. BRUCE AYCOCK, CITY ATTORNEY By Ass;ysta t City Attor, ey .MAYOR T CITY CORPUS CHRISTI, TEXAS Corpus Chris i Texas dayo TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 92/ For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE C The Charter rule was suspended Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky F CORPUS CHRISTI, TEXAS by the following The above ordinance was passed by Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky the vote: following vote: 1G129