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Home My WebLink About16131 ORD - 03/18/1981nd dm{} sI,g;gI AN ORDINANCE AMENDING ORDINANCE NO. 15949, PASSED AND APPROVED BY THE CITY COUNCIL ON DECEMBER 24, 1980, DESIGNATING PART OF THE AREA LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF CORPUS CHRISTI, TEXAS, AS AN INDUSTRIAL DISTRICT, PRO- VIDING A STANDARD FORM INDUSTRIAL DISTRICT AGREEMENT; PRO- VIDING "FAVORED NATIONS" TREATMENT; EXTENDING PROVISIONS OF AMENDMENT TO EXISTING INDUSTRIAL DISTRICT AGREEMENTS; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 1 of Ordinance No. 15949 (the "Ordinance"), passed and approved by the City Council on December 24, 1980, be amended in i order to redesignate Corpus Christi Industrial Development Area No. 1, here- after to be described as follows: Corpus Christi Industrial Development Area No. 1 Lands within Nueces County, Texas, outside the city limits of the City of Corpus Christi and generally on the southwest by the existing northeast right-of-way of Interstate Highway 37, and bounded on,the north by the south shoreline of Nueces River and Nueces'Bay, on the west by the east right-of-way of Carbon Plant Road (County Road 558) from Interstate Highway 37 to the Nueces River. SECTION 2. That Section 3 of Ordinance No. 15949 be amended to read here• after as follows: "That Corpus Christi Industrial Development Area Nos. 1 and 2, as described above, are hereby designated as an industrial district to be known as the 'Corpus Christi Industrial Development District' (the 'District'). "That the substantial form of industrial district agreement to be entered into between the City and an industry, as defined in Section 2 of Ordinance No. 15898, passed and approved on November 26, 1980, and as later amended, that owns and/or leases land and/or improvements within the District is provided in Exhibit 1 of Ordinance No. 15898, as amended, which exhibit is incorporated hereby by reference and made a part herefor for all purposes." SECTION 3. That Section 4 be added to the Ordinance, which Section 4 shall read as follows: "If the City enters into an industrial district agreement or renews an existing industrial district agreement with any industry (as that terms is defined in Ordinance 15898) within the District which agreement contains in lieu of tax payment terms and provisions more favorable to such industry than those contained within an industrial district agreement entered into ;LMED 161:1 SP2719(4 between the City and another industry within the District, the industry whose agreement contains in lieu of tax payment terms and provisions less favorable thereto shall be entitled to receive written notification from the City with- in sixty (60) days following the effective date of said agreement containing the more favorable terms and provisions, and shall have the right to terminate its industrial district agreement or amend same to contain the more favorable in lieu of tax payment terms and provisions; provided, however, that the rights granted under this Section 4 shall be enforceable and such written notification shall only be required if the industries, whose industrial district agreements are being compared in order to make such a determination of favorability, are within the same industry classification according to Major Group listed in the Standard Industrial Classification Manual (Executive Office of the President - Office of Management and Budget, Statistical Policy Division, 1972). Subject only to the limitations contained in this Section 4, this section shall apply to any industrial district agreement entered into between the City and an indus- try or industries owning and/or leasing land and/or improvements situated either within the District or any other part of the City's extraterritorial jurisdiction. Whenever the City enters into a new industrial district agreement, or renews an existing industrial district agreement, or if the term of an industrial district agreement expires, nothing herein shall be construed to inhibit or prohibit in any way the right of the City, through City Council action, to charge in lieu of tax payment rates higher than, or to charge in lieu of tax payment components in addition to, those set forth in Exhibit 1 of Ordinance 15898, as amended, with respect to such owner only. Any such higher in lieu of tax payment rate or any such additional in lieu of tax payment component shall have no effect upon any existing industrial district agreement during its currently effective term." SECTION 4. That Section 5 be added to the Ordinance, which Section 5 shall read as follows: "Nothing in this Ordinance 15949, as amended, in any way modifies the requirement that land must first be under a separate industrial district agreement as provided in Ordinance 15898, as amended, before said land may in any way be immune from annexation." SECTION 5. That the provisions of Ordinance No. 15949, as hereby amended, shall inure to the benefit of and be binding upon parties to any industrial district agreement executed or entered into with the City on or after January 1, 1981. SECTION 6. That in the event any portion or provision of Ordinance No. 15949, as hereby amended, shall be determined to be invalid, unenforceable, or void, such determination shall not affect the validity of the remaining portions or provisions thereof. SECTION 7. The necessity to amend the Industrial Development Areas Ordinance No. 15949 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 intro- duction 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 introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the j day of March, 1981. ATTEST: APP OVED: �Q 4 DAY OF MARCH, 1981: J. BRUCE AYCOCK, CITY ATTORNEY AOF THE s' Y OF CORPUS CHRISTI, TEXAS Corpus Christi Texas # day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 91/ 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, THE " TY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K: Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky The above ordinance was passed by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky 16131