HomeMy WebLinkAbout16145 ORD - 04/01/1981f
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL
DISTRICT AGREEMENT WITH The Coastal Corporation
FOR A TERM OF SEVEN (7)
YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA
TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO.
• '15 "; EXEMPTING SUCH AREA FROM ANNEXATION AND PROVID-
ING FOR AN ANNUAL PAYMENT IN LIEU OF TAXES TO THE CITY
DURING THE TERM -THEREOF; ALL AS MORE FULLY SET FORTH
IN THE INDUSTRIAL DISTRICT AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, • ,
MARKED EXHIBIT 1.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager be and he is hereby authorized
to execute an Industrial District Agreement with The Coastal Corporation
for a term of seven (7) years commencing
January 1, 1981; designating an area to be known as "Corpus Christi Industrial
"District No.15"; exempting such area from annexation and providing for an
annual payment in lieu of taxes to the City during the term thereof; all as
more fully set forth in the Industrial District Agreement, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit 1.
r
• MICROFILMED
,SEP 4'(' 84
•r
The Coastal Corporation
February 24, 1981
Re: Corpus Christi Industrial District
The Hon. Mayor and Members of Council
City of Corpus Christi
P.O. Box 9277
Corpus Christi, Texas 78408
Hon. Mayor and Members of Council:
P.O. Box 4372
Houston, Texas 77210
Ad Valorem Tax
(7131 877-6810
The Coastal Corporation continues to endorse the
concept of an industrial district subject only to the district,
as created, being equitable to all concerned and .free, as far as
possible, from legal challenge. With these principles in mind,
we hereby declare our desire to enter into an industrial
district with the City.
For your consideration, we enclose herewith copies of a,
proposed ordinance and industrial district agreement which have.
been provided to and discussed with the City Staff. We would -
look forward to working with you and the staff in establishing a
successful industrial district for Corpus Christi.
MFP:vsk
Encl.
cc: List attached
Sincerely,
SLED [his The.
Z�Dav 01. 13 19,152-,1
Secretary. City Of Cnrn'rc CMicti
CC:
Air Products & Chemical
Attn: General Manager
Amerada Hess Corporation
Attn: Mr. Harry Warnecke
American Chrome & Chemical
Attn: Mr. August Meinreth
ASARCO, Inc.
Attn: Mr. C. B. White
Berry Contracting, Inc.
Attn: Mr. Marvin Berry
Celanese Plant Company
Attn: Mr. Royce Brandt
Centex Cement Corporation
Attn: Mr. Bob Riley
Central Power & Light Company
Attn: Mr. S. E. Kelly, Sr.
Champlin Petroleum Corporation
Attn: Mr. Leon Shelton
Corpus Christi Petrochemical Corp.
Attn: Mr_ Rudy Pavletic
El Paso Production
Attn: Mr. Doug Aubin
Goldston Corporation
Attn: Mr. Joe C. Mosley, P.E.
Gulf States Oil & Refining
Attn: Mr. Mark Anderson
J. I. Hailey, Inc.
Attn: Mr. Calvin C. Bush
Lone Star Erection Company
Attn: Mr. Marvin Berry
Nueces County Navigation Dist.
Attn: Mr. Harry Plomarity
Nueces Petrochemical Company
Attn: Mr. Bill Mueller
cc: (Continued)
Producers Grain Port Terminal
Attn: Mr. Lloyd Klaevemann
Reynolds Metal Company
Attn: Mr. Wallace Hunton or
Mr. Ken Murphee
Saber Refining
Attn: Mr. Billy Dickman
Southwestern Refining, Inc.
Attn: Mr. Herb Sager
Sun Petroleum Products Company
Attn: Mr. J. L. Laird
Texas Fuel and Asphalt
Attn: Mr. Doug Stengel
Valero Energy Corporation
Attn: Mr. W. E. Greehey, President
Weatherby Engineers
Attn: Mr. Charles Bradley
4 -
INDUSTRIAL DISTRICT AGREEMENT
THE STATE OF TEXAS ¢
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
This Agreement made and entered into by and between the CITY OF CORPUS
CHRISTI', TEXAS, a municipal corporation of Nueces County, Texas, hereinafter
called "CITY", and COASTAL STATES PETROLEUM COMPANY
(Landowner)
a DELAWARE corporation, N/A
(Lessee)
, a N/A
corporation, and N/A
(Improvements Owner)
a N/A corporation, hereinafter collectively called "COMPANY",
WITNESSETH:
WHEREAS, it is the established policy of the City Council of the City
of Corpus Christi, Texas, to adopt reasonable measures permitted by law which
will tend to enhance the economic stability and growth of the City and its en-
virons and which will attract the location of new and expansion of existing
industries therein, and such policy is hereby reaffirmed and adopted by this
City Council as being in the best interest of the City and its citizens; and
WHEREAS, Company is the owner or lessee of land or owner of improve-
ments on land within the extraterritorial jurisdiction of the City of Corpus
Christi, which land shall, upon execution of this agreement by the City, be
known as "Corpus Christi Industrial District No. 15
"
>
and which land is more particularly described in Exhibit ''A" attached hereto,
and incorporated herein for all purposes, herein called "said land" and upon
which Company has either constructed (and/or contemplates) the construction or
expansion of improvements; and
WHEREAS, pursuantto said policy and 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 agree-
ments 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
WHEREAS, City desires to encourage the updating, expansion and growth
of industries within said Districts and for such purpose desires to enter into
this Agreement with Company: -
NOW, THEREFORE, inconsideration of the premises, the mutual agreements
of the parties herein contained and pursuant to the authority granted under the
Municipal Annexation Act and -the Ordinance of City referred to above, City and
Company -hereby agree as follows:
I
City__covenants and agrees that during the term of this Agreement, and
subject to the-terms_and provisions hereof, said land shall retain its extra—
territorial 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 Agree—
ment. Except as -herein° provided City further covenants and agrees that said
land -shall be -immune -from -annexation.
During7the-term-hereof-City shall have no obligation.to extend to
-said land-any.City.services. except fire protection 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_
Further, City -and. Company agree that during the term hereof, City
shall not require with respect -to said land compliance with its rules or regu- -
lations (a) governing zoning and platting of said land or any additions thereto
outside the City limits; -provided,• however, Company further agrees -that it will
in no way divide said land or additions thereto without complying with State.
law and,City ordinances governing subdivision of land; (b) prescribing any
building, electrical, plumbing or inspection code or codes; or (c) prescribing
any rules governing the method of operations of Company's business, except as
to those regulations relating to the delivery of utility services and industrial '—
waste disposal through City owned facilities.
II
The term of this Agreement shall begin on the first day of January,
1981, and shall continue until December 31, 1987, unless extended for additional
period or periods of time upon mutual consent of Company and City as provided by •
the Municipal Annexation Act; provided, however, that in the event this Agreement
is not so extended for an additional period or periods of time on or before
March 31 of the final calendar year of the term hereof, then the immunity from
annexation granted herein shall terminate on that date, but all other terms of
this Agreement shall remain in effect for the remainder of the term; provided,
however, the effective date and time of such annexation shall be no earlier than
midnight of December 31 of such final year of the term.
This Agreement may be extended for an additional period or periods by
agreement between City and Company and/or its assigns. In this connection, City
recognizes that -industrial district agreements of this kind are conducive to the
development of.existing and future - industry and business and are to the best
-interest of alT=citizens of City. Accordingly, future City Councils are hereby -
encouraged,:but-are not obligated, to enter into industrial district agreements
and. to extend -existing -industrial :district agreements.
III
Each year during -the term hereof, Company shall pay -to City:
(a)-An_amount in lieu of taxes on said land (excluding -improvements
and personalproperty located -thereon) equal to one hundred percent (100%) of
the amount of -ad valorem -taxes based -upon the market value of said land which
would otherwise -be payable_ to. City by Company if said land were situated within
the city limits of -City.
WitEt-respect to any new.iand.acquired by,Company after -January 1,
198T, located-inrthe-extraterritorial jurisdiction of City, and the use of which
relates directly --to the-primary-use.of the parent tract, such new land shall be
included in Company's- land_known-as.said land, and shall be considered in calcu-
lating the in lieu of tax payment -on said land as of January 1 of the first year
following the -date -which -such new land is acquired by Company. In addition,
Company shall- provide -City a revised Exhibit "A" which includes a complete de-
scription of such new land.
(b) An amount in- lieu of taxes on improvements (excluding personal
property) located on said land equal to fifty percent (50%) of the amount of
ad valorem taxes which would otherwise be payable to City by Company if said
improvements were situated on land within the city limits of City.
On or before Marchr31 of each year during the term of this Agree-
ment, Company shall provide to.City's Tax -Assessor -Collector a written statement-
•
of its opinion of the market value sworn to by an official of Company authorized"
to do the same_
(c) 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%ithe second year in use, 15% the third year in use, etc_ Payments under
this provision shall never exceed fifty percent (50%). The first year of use
for purposes of this new improvements payment shall be deemed to commence on .
the first day of January next -following the date which the new improvements -
•are placed .in use. This provision shall apply to construction of new improve—
ments or facilities and to the expansion of existing improvements or facilities
on said land__`New improvements or -facilities not included within this paragraph
(c) shall be•=deemed to be included within the provisions of paragraph (b) above_
-(d) An additional -amount for City fire protection equal to fifteen
percent (l5%)=of.the .amount which would bepayableon 100% of assessed value of
improvements located in said-Tand-notwithstanding the provisions of paragraph
(b) above;-providedr-however,--that_if and as long as Company is a member'in. -
good standing -of -the Refinery Terminal Fire Company, or its successor, it shall
.not be obTigated_to pay the additional amount provided by this paragraph (d).
(e)-At.=the request of Company, an alternative to the method of calcu-
lation set -forth -in paragraphs (a) through (d) above, the'Company may make a pay-
ment which-is_-deternrined-by--considering using the method of calculation set forth •
• in paragraphs -(a)- through .(d) -above, said land and all other lands contiguous to
said land, or -forming -an integral part of Company's primary operation located
on said land, owned -by Company inside the city limits as if all the value of
Company's landsabove described and improvements thereon were -outside the city
limits, and deducting from the amount which would otherwise be due from such
calculation the property taxes_actually due to City resulting from the assessed - -•
values of land and improvements, excluding personal property, located inside the -
City. If Company selects such.alternative procedure, the amount due to City
-under this section shall be the resulting difference or the minimum payment.
required in paragraph (f), whichever is greater. In addition, Company shall
provide City, by attaching hereto as Exhibit'"B", a complete description of the
lands contiguous to said land, or forming an integral part of Company's primary
operation located on said land, owned-by-Company-instde-the-ciiy l-imtts='
_ 'With respect to any new land acquired by Company after January 1,
1981, located inside the city limits, which is contiguous to said land, or forms
an integral part of Company's primary operation located on said land, such new
land may be considered in the alternative method of calculating the in lieu of
tax payment as stated above, as of January 1 of the first year following the
date which such new land is acquired by Company. Company shall provide City a
new or revised Exhibit "B" which includes a complete description of such new
land.
(f) Minimum Payments. For any Company which qualifies as an industry
underOrdinance_No. T5898 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 lfeu_of-the payments in items la), (b), (c), (d) and (e) above, shall _
pay the lower -of:
--(f) an -amount -in lieu -Of -taxes on said.land equal to one hundred
-percent (1004: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.amourt �.equal:to one hundred percent (100%) of the ad
valorem taxeslon_cne_millicr.:doliars ($1,000,000.00) of improvements which
would be payable:-tcr City if:said-improvements were situated within the city
limits, regardless of whether -'one -million dollars'($1,000,000.00) of improve—
ments exist on -said landr_or -
:(if -)--the amount of ad valorem taxes on land, improvements and
personal property on said -land which would be payable to City if said land,-
-improvements-an&personal property were situated within the city limits of
-City, plus an -amount in -lieu -o# --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.
LV
Company agrees -to pay to City on or before December 31 of each year
during the term hereof all payments in lieu of taxes provided for hereunder
without discount for early payment. The present ratio of ad valorem tax assess-
ment used by City is one hundred percent (100%) of the fair market value•of
property. Any change in such ratio used by City shall be reflected in any
- 5 -
subsequent computations hereunder. This Agreement and the method of determining
and fixing the amount of in lieu of taxes payments hereunder shall be subject to
all provisions of law relating to determinations of market value and taxation,
including, but not limited to, laws relating to rendition, assessment, equaliza-
tion and appeal.
U
In the event Company elects to protest the valuation set on any of
its properties by City for any year or years during the term hereof, it is
agreed that nothing in this Agreement shall preclude such protest and Company
shall have the -right to take all legal steps desired by it to reduce the same
as if such property were located.within.the City. Notwithstanding any such
protest by Company; Company agrees to pay to City an initial in lieu of tax
payment -on -or -before the date -_therefor hereinabove provided, at least the
-amount of -the -payment in -lieu -of -taxes on said land and improvements which
would be due by Company to City hereunder on the basis of renditions filed
-by Company with City's. Tax -Assessor -Collector. for that year or on the basis
of the assessmenVthereof-for-•the=last preceding year, whichever is higher_
When the valuation,on said property has been finally determined, either as
the result offinal judgment-of7a court of competent jurisdiction or as•the
result of_other -final_settlement of the controversy, then within thirty (30)
days thereafter Company shall -make -to City an additional payment due based
on ,such final -=valuation_ If -as a -.result of final judgment.of a court of
competent jurisdiction, or as -the -result of other final settlement of the
•
-'controversy, the valuatfon'of Company's property is established as an amount
. less than the -amount used_.to compute the initial in lieu of -tax payment for
• -such year by.Company, then- within thirty (30) days thereafter City shall make
to Company any payment due based on the difference between the initial payment
and that -which is computed based on the final settlement.
•
VI
(a) In the -event Company fails or refuses to comply with all or any
of the terms, conditions and obligations herein imposed upon the Company, then
this Agreement may be terminated at the option of City and/or the City may
elect to sue to recover any sum or sums remaining due hereunder or take any
other action which in the sole discretion of the City it deems best. In the
event the City elects to sue to recover. any. sum due under this Agreement, the
•
•
same penalties, interest, attorney's fees, and cost of collection shall be
recoverable by the City as would be in a suit to recover delinquent ad valorem -
taxes.
(b) City shall be entitled to a tax lien on said land and improve-
ments, in the event of default in payment of in lieu of tax payments hereunder,
which may be enforced by City in thesame manner as provided by law for -the
collection of delinquent ad valorem taxes.
(c) In the event City breaches this Agreement by annexing or attempting
to pass an ordinance annexing any of the said land, Company shall be entitled to
enjoin City from -the date of its breach for the balance of the term of this Agree-
ment, from enforcing any annexation ordinance adopted in violation of this Agree-
ment and from -taking any further action in violation of this Agreement_ If
Company elects to -pursue this remedy; then so long as City specifically performs
its obligations hereunder; -under injunctive order or otherwise, Company shall
continue to make the annual payments required by this Agreement.
VII
---Company agrees to provide to City at Company's expense, a survey plat
and field note.description•of--said_iand. With respect to Company's acquisition
•of new land, as -described in:Article III(a) above, which becomes included in
said land, Company -agrees to -provide -to City at Company's expense, a survey plat
and fieldnote_ description -of such new land.
I-Fany. attempt"-td=annex _any of said land owned, used, occupied, leased,
- rented or -possessed by Company; is .made by another municipality, or if the incor-
poration of•any-new-municipality should be attempted so as to include within its
limits such-land•or-property,-the City shall seek a temporary and permanent'
injunction -against -such -annexation or incorporation, with the cooperation of"
Company, and shall take such other legal action as may be necessary or advisable_ -
under the circumstances.. The_cast of any such legal action shall be borne
equally by the -parties hereto; provided, however, the -fees of any special legal
counsel shall be paid by the party retaining same.
In the event City and Company are unsuccessful in obtaining a.•temporary
injunction enjoining such attempted annexation or incorporation, Company shall
have•the option of (1) terminating this Agreement, effective as of the date of
such annexation or incorporation, or (2) continuing to make the in lieu of taxes
•
•
payments required hereunder. Such option shall be exercised within thirty (30)
days after the application for such temporary injunction is denied. In the
event Company elects to continue such in lieu of taxes payments, the City shall
place future payments hereunder together with part of the payment for the cal-
endar year in which such annexation or incorporation is attempted, prorated to
the date such temporary injunction or relief is denied, in a separate interest— .
bearing escrow account which shall be held by City subject to the following:
(a) In the event final judgment (after all appellate review, if any,
has been exhausted) is entered denying a permanent injunction and/or upholding
such annexation -or incorporation, then all such payments and accrued interest
thereon shall be refunded to Company; or
(b) In -the event final judgment (after all appellate review, if any,
has been exhausted) -is entered granting a permanent injunction and/or invali-
dating such annexation .or incorporation, then all such payments and accrued
interest thereon shallberetained for use by City.
Ix
!The benefits accruing -to Company under this Agreement shall also
extend to Company's "affiliates" and to any properties presently owned or'
acquired by said -affiliates --within the area described in Exhibit "A" to this
Agreement, and -where reference is.made herein to land, property and improve—
ments owned`by Company, that -shall also include land and improvements presently
owned by its --affiliates. The-word-"•affiljates"' as used herein shall mean
(1) all companies with respect -to -which Company directly or indirectly, through
•.-one or more intermediaries at -the time in question, owns or has the power to
exercise contcal-over fifty -percent (50%) or more of the stock having the right
- "to vote for -the -election of directors; or (2) all corporations which are members.
of a "controlled group of corporations" (as that term is defined in Section ' .
1563(a) of the Internal Revenue Code of 1954, as amended) of which Company is
•
a member. •
x
This Agreement shall inure to the benefit of and be binding upon City
and Company, and upon Company's successors and assigns, affiliates and subsidi-
aries, and shall remain in force whether Company sells, assigns, or in any other
manner disposes of, either voluntarily or by operations of law, all or any part
. A -of :said land, --and the agreements:herein.contained shall be held to be covenants
running with said land for so long as this Agreement or any extension thereof •
remains in force.
XI
(a) Whenever the Company sells a contiguous portion of said land
consisting of 20 acres or more to an ancillary industry which will be engaged
on the property in the further processing of the product of the Company or the
preparation of raw materials prior to their processing by the Company, then
platting of such property may be deferred under the following conditions=
(i) The seller shall submit for approval by the City Council a
site plan indicating•the proposed water, sewer,"drainage, access, and street
plans far said land. .
. (ii) Both the -buyer and the -seller shall enter into - an agreement
with the'City-requiring the -platting of said land in the event the buyer's use
of the property --materially :changes from the permitted uses described above, or
if the Company's:industrfal district agreement terminates without extension_
. -The--seiler shall -remain solely-responsibie for any payments in
-lieu of=taxes=attributable=to,_the_buyer's holdings on -the property unless the
.buyer has-entered=into-a_suppTemental.industrial district -contract with the
City concerning=such holdings.__
(b} Whenever--the--Company_properiy plats, subdivides -and conveys to a -
.buyer other=than an affiliate -a -portion of the -lands described in Exhibit "A"
-and/or Exhibit-"B";.Compaoy_shall-furnish to the City's Tax Assessor -Collector
'-a revised Exhib-ft "A"-andfor-Exhibit "B"; which revised exhibit or exhibits
shall constitute an amendment to•this Agreement,_ effective for the calendar
year next -following -the --calendar year in which the conveyance occurred_ Seller
-shall remain_solely responsible -for any payments in lieu of taxes for the calen—
•
•dar year in which..the conveyance occurred. In the event the Company improperly -
plats, subdivides or conveys a portion of the lands described in Exhibit "A" o
Exhibit "B", -Company shall -.remain solely responsible for any payments in lieu
of taxes.applicable to such property, including improvements thereon, as if no
Such conveyance had occurred.
- XII
If City enters into an agreement with any other landowner, within
the extraterritorial jurisdiction of the City, engaged in a similar industry,
asclassifiedby Major Group according 'to the Standard Industrial Classification.
,a1(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 pay—
ment 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. For purposes of this article, landowners
shall be those classified in Major Groups 28 (Chemical and Allied Products) and
29 (Petroleum Refining and Related Industries).
XIII
In the event any one or more words, phrases, clauses, sentences,
paragraphs, sections,.articles or.other parts of this Agreement or the appli —
cation thereof to any person, firm, corporation or circumstances shall ever be
held by -any court of competent jurisdiction to be invalid or unconstitutional
for any reason, then the application, invalidity or unconstitutionality of such
-words, phrase, clause, sentence,:paragraph, section, article or other part of
the Agreement shall be deemed to be independent of and separable from the
,10AInder of this Agreement and -the validity of the remaining parts of this
. '' AgreefTe4shal l -not- be affected -thereby.
ENTERED into_this day of s, 19
ATTEST:''
Coastal States Petroleum Company (Company)
(Landowner)
ss'.t Secr
ATTEST: •
.Secretary
ATTEST:
Secretary
ATTEST:
City Secretary
APPROVED: DAY OF
J. BRUCE AYCOCK, CITYYn ATTORNEY
BY ,
By
ity Attorney
-By
Vice President
(Lessee)
(Company)
By
(Company) -
(.Improvements Owner) .
By -
CITY OF CORPUS CHRISTI
By
R. Marvin Townsend, City Manager
, 19
(1) Standard Industrial Classification Manual_ (Executive Office
Office of Management and Budget, Statistical Policy Division,
of the President -
1972). 659 pp.
EXHIBITA
All that certain tract or parcel of land situated in
Nueces County, Texas being a portion of the Angeline Guilmenot
share of the Charles Avery Tract and a part of 25 acres of
land conveyed by Mary Elise MacManus, et al to J. L. Tribble
and Frank Tribble by deed dated February 16, 1928, of record
in Volume 176, page 444 of the Deed Records of Nueces County,
Texas, and described by metes and bounds as follows:
Beginning at a stone at Southwest corner of said
Guilmenot 117.6 acre tract of the NW corner of a small tract
originally in the name of A. E. Spohn and Cohn or Emmert for
the Southwest corner of this tract; Thence South 59° 21' 30"
East 511.55 feet to a stake the Southeast corner of this
tract, and Southwest corner of a tract formerly known as the
Cornelia Carson tract, Thence North 18° 26' East with West
line of said Carson tract 1578.99 feet to stake on South line
of right-of-way of S.A. U�and G. Ry. Company the Northeast
corner of this tract; Thence North 72° 31' 10" West 391.69
feet to the point of beginning of a curve in said South boun-
dary line of right-of-way for a corner point of this survey;
Thence continuing with said boundary line of railway right-of-
way, in a westerly direction, curve left along a spiral trans-
ition curve connection the straight course preceding said
transition curve with the circular curve•(radius 2814.92
feet), following it, 108.38 feet to a point in said West
boundary line of the Avery tract and East boundary line of the
Cantwell tract, the southeast corner of Survey of 46.97 acres
out of the North portion of said N. J. and Minnie Cantwell
tract, made for the Guaranty Title and Trust Company, for the
northwest corner of this survey, said transition curve pro-
viding an offset distance of 0.56 feet between said straight
course and the circular curve tangent parallel therewith, the
total length of said transition curve being 196.28 feet, its
end point and beginning point of the circular being located on
an offset of 2.25 feet southward from a westerly extension of
said straight course preceding the transition curve, measured
at right angles at a point 196.27 feet from said beginning
point of the transition curve the entire north boundary line
of this survey being located throughout at a distance of 50
feet in a southerly direction, measured at right angles where
the line is straight and radially where it is curved, from the
center line of the San Antonio, Uvalde and Gulf Railway,
Thence South 18° 26' West 1461.8 feet to the place of begin-
ning, containing 17.45 acres of land.
40.22 Acres
40.22 acres of land out of the Enrique Villareal
Grant, known as "El Rincon del Oso Grant", in Nueces County,
Texas, and also being out of what is known as the Charles
Avery 400 -acre tract, which 40.22 acres is more fully de-
scribed as follows:
Beginning at a 3/4 inch iron pipe set at the intersection of
the curved North boundary line of a tract of land conveyed by
Southern Alkali Corporation to San Antonio, Uvalde and Gulf
Railroad Company on June 19, 1933, for a railroad right-of-way
as of record in the Deed Records of Nueces County, Texas, in
Volume 206, at Page 487, with the West boundary line of a 7.56
acre tract of land conveyed by J. L. Tribble -Son Company,
Inc., to Southern Alkali Corporation on May 13, 1973, as of
record in the Deed Records of Nueces County, Texas, in Volume
200, at Page 46, for the Southwest corner of this survey;
whence the Southwest corner of said 7.56 acre tract bears S.
18° 26' W. 100.01 feet.
Thence N. 18° 26' E. with said West boundary line of 7.56 acre
tract, at 22.88 feet, a 3/4 inch iron pipe set on the South
boundary line of Navigation Boulevard, a public road 80.00
feet wide, in all 63.31 feet to a point on the center line of
said Navigation Boulevard and South boundary line of a 77 acre
tract of land conveyed by Southern Alkali Corporation to
American Cyanamid Company on September 19, 1940; as of record
in the Deed Records of Nueces County, Texas, in Volume 261, at
Page 411, for a Northwest corner of this survey.
Thence S. 79° 54' 10" E, with said South boundary line of 77
acre tract and along said center line of Navigation Boulevard,
leaving same where the road curves to the left, 684.41 feet to
a 1 inch iron pipe, the Southeast corner of said 77 acre tract
and the point of intersection of the extended center lines of
two portions of said Navigation Boulevard, for a corner of
this survey.
Thence N. 23° 09' 40" E. with the East boundary line, of said
77 acre tract, re-entering said Navigation Boulevard and
continuing along its center line, 1788.74 feet to a point for
a Northwest corner of this survey.
-2-
Thence S. 72° 53' 00" E. approximately parallel with and 10
feet Southerly from two 10 inch pipe lines, laid close to one
another on the surface of the ground, at 40.22 feet, a 3/4
inch iron pipe set in the East boundary line of the right-of-
way of said Navigation Boulevard, in all 821.68 feet to a 3/4
inch iron pipe set for the Northeast corner of this survey,
being approximately BO feet Westerly from the center line of a
private road.
Thence S. 20° 13' 00" W. approximately parallel with and 80
feet Westerly, measured at right angles, from said center line
of private road, at 1315.93 feet, a point in the North boundary
line of Division 3 of the Julia Chapman Share of the Charles
Avery Tract, conveyed by Solar Oil Company, et al, to Southern
Alkali Corporation by deed dated April 27, 1931, and recorded
in the Deed Records of Nueces County, Texas, in Volume 198,
Page 453, being designated in said deed as the 6th tract,
whence the Northeast corner of said Division 3 bears S. 59°
40' E. 174.85 feet in all 1881.27 feet to a 3/4 inch iron pipe
set in the curved North boundary line of said right of way of
San Antonio, Uvalde & Gulf Railroad for the Southeast corner
of this survey, whence the center point for the circular curve
of the next succeeding course bears N. 5° 59' 32" E. 2814.93
feet and the Northeast corner of that portion of said Division
3 lying South of said right-of-way of San Antonio, Uvalde &
Gulf Railroad bears S. 36° 25' E. 120.88 feet.
Thence in a Westerly direction, curve right with said North
boundary line of railroad right-of-way along a circular curve
of 2814.93 foot radius, 467.14 feet to the end point of said
circular curve and beginning point of a spiral transition
curve, for a corner point of this survey, at which point the
tangent line common to both said circular curve and spiral
curve has a bearing of N. 74° 30' 00" W. and from which point
the end point of said transition curve lies S. 17° 28' 50" W.
2.25 feet and N. 72° 31' 10" W. 196.27 feet, said spiral curve
providing a transition from the circular curve which precedes
it to the straight course which follows it and making the
offset distance 0.56 feet between said straight course and the
circular curve tangent parallel therewith.
Thence in a Westerly direction, with said North boundary line
of railroad right-of-way, curve right along said spiral transition
curve, 196.28 feet to the end point of said transition curve
and beginning point of the said straight course for a corner
point of this survey, at which point said straight course is
tangent to said spiral transition curve.
-3-
Thence N. 72° 31' 10" W with said North boundary line of
railroad right-of-way, 821.33 feet to the end point of said
straight course and beginning point of a spiral transition
curve for a corner point of this survey.
Thence in a Westerly direction, with said North boundary line
of railroad right-of-way, curve left along said spiral trans-
ition curve 106.72 feet to the place of beginning, said spiral
transition curve having a total length of 199.89 feet to its
end point and beginning point of a circular curve having a
total length of 199.89 feet to its end point and beginning
point of a circular curve, at which point the tangent line
common to both said spiral curve and said circular curve has a
bearing of N. 74° 30' 00" W. and from which point the begin-
ning point of said transition curve lies N. 17° 28' 50" E.
2.31 feet and S. 72° 31' 10" E. 199.88 feet, said spiral curve
providing a transition from the straight course which precedes
it and which is tangent to it at its point of beginning to the
circular curve which follows it and making the offset distance
0.56 feet between said straight course and the circular curve
tangent parallel therewith.
0.644 Acre
0.644 acre of land out of the Enrique Villareal
Grant, known as "E1 Rincon del Oso Grant", in Nueces County,
Texas, and also being out of what is known as the Charles
Avery 400 -acre tract, which 0.644 acre is more fully described
as follows:
Beginning at an iron pipe being the Southeast corner of the 77
acre tract of land conveyed to American Cyanamid Company by
Southern Alkali Corporation as the point of beginning and the -
Southeast corner of this survey;
Thence North 23° 08' East along the East property line of the
above mentioned 77 acre tract of land 379.25 feet to a point
for the Northeast corner of this survey, said point being in
the center line of Navigation Boulevard, a county highway;
Thence in a Southwesterly direction along the center line of
said Navigation Boulevard being a 12° 00' circular curve
having a central angle of 76° 55' 640.97 feet to a point for
the Southwest corner of this survey, said point being in the
South property line of the above mentioned 77 acre tract of
land;
Thence South 79°r57' East along the said South property line
379.25 feet to the point of beginning.
-4-
20.86 acres of land, more or less, out of the Rincon
del Oso, and being a part of the southern portion of a 117.6
acre tract conveyed to Angeline Guillmenot by Frances Avery,
et al, by deed dated July 28, 1897, recorded in Volume 4,
Pages 109-11, of the Deed Records of Nueces County, Texas, and
being a part of the tract of 30 acres, more or less, conveyed
by Angeline Guillmenot to Cornelia Carson by deed dated May 22,
1903, recorded in Volume 11, page 34, of the Deed Records of
Nueces County, Texas, and being all of said 30 -acre tract save
and except the tract of 9.11 acres of land out of the north
portion thereof conveyed by Cornelia Carson to Southern Alkali
Corporation, by deed dated May 2, 1931, of record in Volume
198, page 459, of the Deed Records of Nueces County, Texas,
and being more particularly described as follows:
Beginning at an old rock in the north boundary line of the
Emmert or Aaron Cohn Tract, the southeast corner of the Angel-
ine Guillmenot 117.6 acre tract described in said deed to
Angeline Guillmenot from Frances Avery, et al, dated July 26,
1897, and the southeast corner of said Cornelia Carson 30 -acre
tract described in said deed from Angeline Guillmenot to
Cornelia Carson, dated May 22, 1903, for the southeast corner
of this 20.86 -acre tract;
Thence N. 59° 21' 30" W. with the south boundary line of said
Angeline Guillmenot 117.6 acre tract and of said Cornelia
Carson 30 -acre tract and north boundary line of said Emmert
tract, 468.45 feet to a point, the southwest corner of said
Cornelia Carson tract and southeast corner of a 25.01 -acre
tract known as the Tribble 25 -acre tract, for the southwest
corner of this tract;
Thence N. 18° 26' 00" E. with the west boundary line of said
Cornelia Carson tract and east boundary line of said Tribble
25.01 -acre tract, 1578.99 feet to a point in the south boun-
dary line of the present right-of-way of San Antonio, Uvalde &
Gulf Railway, the southwest corner of a 9.1 -1 -acre tract of
land conveyed to Southern Alkali Corporation by Cornelia
Carson on May 2, 1931, as of record in the Deed Records of
Nueces County, Texas, in Volume 198, page 459, for the North-
west corner of this tract, whence the northwest corner of said
Cornelia Carson 30 -acre tract bears N. 18° 26' East 663.91
feet;
-5-
Thence S. 72° 31' 10" E. with the south boundary line of said
railway right-of-way and of said 9.11 acre tract, 429.64 feet
to the point of beginning of a curve in said boundary line,
for a corner point of this tract;
Thence in an easterly direction, continuing with said south
boundary line of -railway right-of-way and of 9.11 -acre tract,
curve left along a spiral transition curve, 199.89 feet to the
end point of said transition curve and beginning point of a
circular curve for a corner point of this tract, at which
point the tangent line common to both and spiral curve and
said circular curve has a bearing of S. 740 30' 10" E. and
from which point the beginning point of said transition curve
lies S. 17° 28' 50" W. 2.31 feet and thence N. 72° 31' 10" W.
199.88 feet, said spiral curve providing a transition from the
straight course which precedes it and is tangent to it at its
point of beginning to the circular curve which follows it,
there being an offset distance of 0.56 feet between said
straight course and the circular curve tangent parallel there-
with;
Thence in an easterly direction, continuing with said south
boundary line of railway right-of-way and of 9.11 -acre tract,
curve left along a circular curve of 2914.93 feet radius,
19.63 feet to a point in the east boundary line of said Cor-
nelia Carson 30 -acre tract and of said Angeline Guillmenot
117.6 acre tract and west boundary line of the Julia Chapman
share, as described in deed from Frances Avery, et al, to
Walter Henry Chapman by deed dated June 28, 1897, recorded in
Volume -4, page 500, of the Deed Records of Nueces County,
Texas, the southeast corner of said 9.11 -acre tract, for the
northeast corner of this tract, at which point the tangent to
said circular curve bears S. 74° 53' 15" E. and from which
point the northeast corner of said Cornelia Carson tract bears
N. 24° 52' 40" E. 503.80 feet;
Thence S. 24° 52' 40" W. with said east boundary line of the
Cornelia Carson tract and of the Angeline Guillmenot 117.6 -
acre tract and west boundary line of said Julia Chapman share,
1702.64 feet to the place of beginning.
-6-
82.71 -Acre Tract
All that certain tract or parcel of land situated in
Nueces County, Texas, on the North side of the Up River Road
about 2 miles West of the City limits of Corpus Christi,
Texas, out of the "Rincon del Oso" Grant, and being portions
of Shares Numbered 1-A and 1-C, allotted to Mrs. Mary Frances
Kaler, Share Numbered 2-C allotted to Samuel R. Kaler; Share
Numbered 4-A allotted to Fred Kaler; and Share Numbered 5-A
allotted to Miss Bertha S. Kaler in the Partition of the
Frederick Kaler Estate' in Cause No. 4720 entitled Bertha Kaler
et al vs. Mrs. Mary Frances Kaler et al in the District Court
of Nueces County, Texas, and containing 82.71 acres of land
described by metes and bounds as follows:
Beginning at a large stone in the East line of what is known
as the Thomas Whelan Tract and West line of the said Frederick
Kaler Tract on the North side of the Up River Road, the S. W.
corner of Share No. 1-A set apart to Mrs. Mary F. Kaler by
said decree of the District Court, for the S.W. corner of this
tract;
Thence with the said line between the Whelan and Kaler Tracts
N. 7° W. at 309.36 varas pass the N.W. corner of said Share 1-
A and S.W. corner of Share 1-C, also set apart to said Mary F.
Kaler by said decree and with its West line same course 428.36
varas to the South line of the right of way of the San Antonio,
Uvalde and Gulf Railway in a curve for the N.W. corner of this
tract;
Thence with said South line of the right-of-way of said rail-
way S. 800 29' E. 59 varas to end of curve;
Thence with South line of said roght-of-way N. 790 41' E. at
373.9 varas across the East line of said Share 1-C and West
line of Share 2-C set apart to Samuel R. Kaler by said decree
of partition at 418.2 varas cross its Southeast line and
Northwest line of said Share 1-A, 629.4 varas cross its East
line and West line of Share 5-A of 10.37 acres set apart to
Bertha 5. Kaler by said decree of partition, 15 varas N. 100
E. of its S.W. corner, 821.8 varas to the East line of said
Share 5-A for the N.E. corner of this tract;
-7-
Thence S. 10° 01' W. at 81.8 varas pass S.E. corner of said
Share 5-A of said partition and N.E. corner of Share 4-A, of
10.37 acres set apart to Fred Kaler, 259.4 varas to an iron
pipe;
Thence S. 9° 58' W. 147.6 varas to an iron pipe the S.E.
corner of said Share 4-A for a corner of this tract;
Thence with the South line of said Share 4-A, N. 80° W. 180.29
varas to its S.W. corner for a corner of this tract; on the
East line of said Share 1-A;
Thence with the said East line of Share 1-A, S. 100 W. 591.6
varas to an iron pipe the S.E. corner of said Share 1-A on the
North side of the said Up River Road for the South corner of
this tract;
Thence with the meanders of the North side of said Up River
Road N. 55° 38' 20" W. 109.2 varas; N. 58° 00' 20" W. 215.6
varas; N. 47° 22' W. 137.2 varas; N. 41° 34' W. 134.66 varas
to the place of beginning;
5 -Acre Tract
All that certain tract or parcel �f land lying and
being situated in the County of Nueces, State of Texas, and
being part of the Tom Whelan 100 acre tract, situated about 3-
1/2 miles West of Corpus Christi, Texas, fronting South on the
Up River Road or Shell Road now paved Highway that portion
hereby conveyed being described by metes and bounds as follows:
Beginning at the Southwest corner of the Corpus Christi Golf
and Country Club, situated on what is known as the Up River
Road and being approximately 3 miles West of Corpus Christi,
Texas, for the Southeast corner of this tract and place of
beginning;
Thence with the North line of said road N. 59° 51' W. a dis-
tance of 146.4 feet to corner;
Thence with the North line of said road N. 76° 31' W. a dis-
tance of 191.7 feet to an iron pin, for the Southwest corner
of this tract; Thence N. 7° 0' W. a distance of 662.6 feet to
an iron pin for the Northwest corner of this tract; Thence N.
83° 0' E. a distance of 300 feet to an iron pin, intersecting
the West line of the Corpus Christi Golf and Country Club, for
the N.E. corner of this tract;
-8-
Thence with the West line of said Country Club S. 7° 0' E. a
distance of 817.2 feet to the place of beginning, containing 5
acres of land.
2 -Acre Tract
Situated in the County of Nueces, State of Texas,
and being the North Two (2) acres, more or less, of that
certain 10.37 acre tract set apart to Evaline A. Beman by a
certain Decree of Partition of the Kaler Estate in the Dis-
trict Court of Nueces County, Texas, in Cause No. 4720, en-
titled "Bertha Kaler, et al vs. Mrs. Mary F. Kaler, et al",
said Decree of Partition being recorded in the Minutes of the
District Court of Nueces County, Texas, in Volume "L", pages
180 to 184, and on pages 204 to 223 thereof; the tract set
aside to Evaline A. Beman being designated Tract No. 3-A; and
being also a part of a 5.37 acre tract conveyed to Alvin
Herbrich by T. B. Thornton and wife, Sibbie Thornton, on
August 20, 1946, by deed recorded in Volume 344, page 168, of
the Deed Records of Nueces County, Texas; the two acres herein
conveyed heing more particularly described by metes and bounds
as follows:
Beginning at a 1" iron pipe set at the Southwest corner of
Share No. 4-A of the aforementioned Kaler Partition, same
being the Northwest corner of said Share No. 3-A, and of said
Alvin Herbrich Tract, for the Northwest corner of the tract
herein described;
Thence South 80° 00' East with the Southern boundary line of
said Share No. 4-A and the Northern boundary line of said
Share No. 3-A a distance of 500.81 feet to a 3/4" iron bar set
at the Northeast corner of Share No. 3-A and -Southeast corner
of said Share No. 4-A, for the Northeast corner of the tract
herein described;
Thence South 9° 58' West along the Eastern boundary line of
Share No. 3-A a distance of 173.95 feet to a 3/4" iron bar set
in the same for the Southeast corner of the tract herein
described;
Thence North 80' 00' West along a line that is parallel with
the aforementioned Northern boundary line of Share No. 3-A a
distance of 500.90 feet to a 3/4" iron bar set in the Western
boundary line of said Share No. 3-A for the Southwest corner
of the tract herein described;
-9-
Thence North 10° 00' East along the said Western boundary line
of Share No. 3-A a distance of 173.95 feet to the place of
beginning and Northwest corner of the tract herein described.
Except from the 82.71 -acre tract described above that certain
0.26 acre at its Northeast corner described in deed dated
January 20, 1932, from Corpus Christi Golf and Country Club to
Southern Alkali Corporation, recorded Vol. 203, page 147, Deed
Records, Nueces County, Texas; and
Except in part from the 82.71 -acre tract described above and
in part from the 5 -acre tract described above that certain
20.99 acres described in deed dated April 12, 1966, from
Coastal States Petrochemical Company to Lo -Vaca Gathering
Company, recorded Volume 1198, page 8, Deed Records, Nueces
County, Texas.
The instruments mentioned above, and their record, are hereby
referred to for further description of said land.
-10-
All that certain tract of land out of the Enrique
Villareal Grant, known as "E1 Rincon del Oso Grant", in Nueces
County, Texas, more fully described as being all of that
certain tract described in deed dated August 9, 1873, from
John Freeman, et ux, to John A. Mussett, recorded Volume K,
Paae 412, Deed Records, Nueces County, Texas, SAVE and EXCEPT
therefrom (a) that certain tract described in deed dated
October 29, 1874, from John A. Mussett, et ux, to John Gocher,
recorded Volume L, Page 557, Deed Records, Nueces County,
Texas, (b) that certain tract described in deed dated April 27,
1931, from N. J. Cantwell, et ux, to Southern Alkali Corpora-
tion, recorded Volume 195, Page 450, Deed Records, Nueces
County, Texas, and (c) those certain rights in and to a 40
foot wide strip along the west edge conveyed by deed dated
April 16, 1942, from N. J. Cantwell, et ux, to the County of
Nueces, Texas, recorded Volume 278, Page 358, Deed Records,
Nueces County, Texas; and without limiting the foregoing,
there is included herein and covered hereby all that certain
28.47 acres, shown on survey plat marked EA2947, dated Jan-
uary 2, 1957, by H. T. Cunninghame, Engineer, Corpus Christi,
Texas, recorded Volume 5, Page 36, Miscellaneous Map Records,
Nueces County, Texas, and all that certain land (including
herein also the 2.46 -acre Fourth Excepted Tract) described in
lease agreement from N. J. Cantwell, et ux, to Sinclair Re-
fining Company, recorded Volume 964, Page 6, Deed Records,
Nueces County, Texas, and the instruments mentioned above, and
their record, are hereby referred to for further description
of said land.
-11-
All that certain 2.46 acres of land out of the
Enrique Villareal Grant, known as "El Rincon del Oso Grant",
in Nueces County, Texas, and being approximately 3 miles west
of the County Courthouse of Nueces County; Texas, and being
out of what has been known as the Cantwell Tract, which 2.46
acres has been called the Cantwell Home Tract, and is more
fully described as follows:
Beginning at a point in the Easterly boundary line of Cantwell
Lane (Navigation Boulevard), which point lies South 10° 28'
45" West, 353.8 feet from the intersection of the Southerly
right-of-way line of the San Antonio, Uvalde & Gulf Railroad
right-of-way with the East Line of Cantwell Lane;
Thence South 86° 58' 15" East, along the fence line, 312.5
feet to a fence corner;
Thence South 11° 57' 30" West, along a fence line, 375 feet to
a fence corner;
Thence North 79° 31' 15" West, along a fence line 297 feet to
a point in the East line of Cantwell Lane;,
Thence North 10° 28' 45" East, along the East line of Cantwell
Lane, to the place of beginning.
-12-
9.48 acres of land, more or less, out of the Enrique Villa-
real Grant, known as "El Rincon del Oso Grant," in Nueces
County, Texas, consisting of a 6.02 -acre tract (First Tract)
and a 3.46 -acre tract (Second Tract) out of a 20.99 -acre
tract described in deed dated April 12, 1966, from Coastal
States Petrochemical Company to Lo -Vaca Gathering Company
recorded in Volume 1198, Page 8, Deed Records, Nueces
County, Texas, to which deed and the record thereof refer-
ence is here made for all purposes. Said First Tract and
Second Tract being described by metes and bounds as follows:
FIRST TRACT:
BEGINNING at a point in the south right-of-way line of the
Missouri -Pacific Railroad, in a curve, said point being the
northwest corner of said 20.99 -acre tract and the northwest
corner of this tract;
THENCE with said south line of the right-of-way of said
railroad N 80" 22' 40" E, a distance of 162.30 feet to the
end of the curve;
THENCE with south line of said right-of-way N 79° 38' 50" E,
a distance of 762.64 feet to a point for the northeast
corner of this tract;
THENCE following the common boundary line between the Lo -
Vaca 20.99 -acre tract and the Coastal States tract, S 00°
33' 40" E, a distance of 370.97 feet to a point, said point
being the southeast corner of this tract;
THENCE N 450 23' 18" W, a distance of 25.95 feet to a point
for a corner;
THENCE N 89° 44' 07" W, a distance of 231.35 feet to a point
for a corner;
THENCE N 02° 19' 54" W, a distance of 54.50 feet to a point
for a corner;
-13-
THENCE S 88° 37' 40" W, a distance of 79.75 feet to a point
for a corner;
THENCE S 15° 43' 58" W, a distance of 91.01 feet to a point
for a corner;
THENCE S 87" 58' 46" W, a distance of 528 feet to a point
for a corner, said point lying on a west boundary line of
said 20.99 -acre tract, also on the east boundary of a tract
owned by the Nueces County Navigation District No. 1, and
being the southwest corner for this described tract;
THENCE following along the common boundary between the said
20.99 -acre Lo -Vaca tract and the said Navigation District
tract, N 07° 00' 00" W, a distance of 243.00 feet to the
northwest corner of said 20.99 -acre tract, also the north-
east corner of said Navigation District tract, and the POINT
OF BEGINNING for this described tract, containing 6.02 acres
of land, more or less.
SECOND TRACT:
BEGINNING at the southwest corner of said 20.99 -acre tract;
THENCE S 76° 31' 00" E, a distance of 95.43 feet to a point
for the southern most corner of this described tract;
THENCE N 000 33' 40" W, a distance of 295.00 feet to a point
for a corner of this described tract;
THENCE N 89° 26' 20" E, a distance of 912.05 feet to a point
on the south line of this described tract;
THENCE N 89° 19' 01" E, a distance of 37.98 feet to a point
for the southern most southeast corner of this described
tract;
THENCE N 00° 40' 59" W, a distance of 50.00 feet to a point
for a corner of this described tract;
THENCE S 88" 41' 23" E, a distance of 50.11 feet to a point
for the northern most southeast corner of this described
tract;
THENCE N 00° 33' 40" W, a distance of 213.85 feet to a point
for the northeast corner of this described tract;
-14-
THENCE S 25° 35' 37" W, a distance of 175.08 feet to a point
for a corner of this described tract;
THENCE N 89' 36' 42" W, a distance of 427.82 feet to a point
on the north line of this described tract;
THENCE N 86° 05' 38" W, a distance of 105.00 feet to a point
on said north line;
THENCE S 890 19' 12" W, a total distance of 329.90 feet to a
point of tangency of a simple curve to the left with a
degree of curve (Da) = 38° 11' 50" and a radius of 150.00
feet;
THENCE along said curve a distance of 252.19 feet to a point
for corner;
THENCE S 83° 00' 00" W, a distance of 30.00 feet to a point
for the northwest corner of this described tract;
THENCE S 07" 00' 00" E, a distance of 223.59 feet to the
POINT OF BEGINNING of this described tract, containing 3.46
acres, more or less.
-15-
That the foregoing ordinance as read fo firs time an passed to its
second reading on this the /3 day of , 19 , • , by the
following vote:
Luther Jones
Edward L. Sample 6
Dr. Jack Best
Jack K. Dumphy 1
Leopoldo'Luna 1_
Betty N. Turner 1, _
Cliff Zarsky 1
That the foregoing ordinance was read for the se and time apid passed to its
third reading on this the or day of , 19/ , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K..Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
That the foregoing ordinaNsvwas read for the third
on this the;`is\ day of y-; L_, 19B/
Luther Jones
Edward L. Sample
Dr. 'Jack Best
Jack K.'Dumphy
Leopoldo Luna.
Betty N. Turner
Cliff Zarsky
time
and
passed finally
, by the following, vote:
PASSED AND APPROVED, this the °4 day of
ATTEST:
APPR VED:
DAY OF Alagj , 19 V :
J. BRUCE AYCOCK, CITY ATTORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
16145
MOTION TO AMEND
moved and
seconded this motion to amend the ordinance authorizing the City Manage to exe-.
cute an industrial district agreement with Champlin Petroleum Company
for a term of 'seven (7) years commencing January 1, 1981, passed on first reading.
by the City Council of the City of Corpus Christi on February 25, 1981 and on
second reading on March 4, 1981, the following:
1. Amending the first paragraph of Article I of Exhibit 1 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 indus-
trial 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."
2. Amending the first sentence of Article VI(c) of Exhibit 1 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,
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." -
3. Amending Article XII of Exhibit 1 by adding a sentence to read as
follows:
"For purposes of this Article, landowners deemed to be
engaged in a similar industry shall be those classified in
Major Groups 28 (Chemical and Allied Products) and 29
(Petroleum Refining and Related Industries)."
4. Amending the first sentence of the second paragraph of Article III(a)
of Exhibit 1 to hereafter read as follows:
"With respect to any new land acquired by Company after
January 1, 1981, located in the extraterritorial jurisdiction
of City, and the use of which relates directly to the primary
use of the parent tract, such new land shall be included in
Company's land known as said land, and shall be considered in
calculating the in lieu of tax payment on said land as of
January 1.of the first year following the date which such new
land is acquired by Company."
PASSED %f, () /921
MOTION TO AMEND
moved and o
seconded this motion d the ordinance authorizing the City Manager to exe—
cute an industrial district agreement with The Coastal Corporation
for a term of seven (7) years commencing
January 1, 1981, passed ontfirst reading by the City Council of the City of Corpus
It
Christi on March 18, 1981.
1. Amending the sentence comprising the second paragraph of Article I
of Exhibit 1 to hereafter read as follows:
"During the term hereof City shall have no obligation to
extend to said land any City services except fire protection
in the event Company makes additional payments to City under
Articie-III(d) hereof, and such other City services -as are
being provided to andpaid"for by Company on the date hereof." •
2. Amending the first sentence of Article III(c) of Exhibit 1 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 percentage 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."
3. Amending the sentence comprising Article XII of Exhibit I 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."
4. Amending the first paragraph of Article I of Exhibit 1 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 annexa-
tion by an effective industrial district agreement pursuant
to Ordinance 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, 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 con-
tractual annexation of .the 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, subject 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 accomplish such purpose,
the City may, at its option, either (1) terminate this industrial
district agreement and any guarantee of impunity 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 annexation corridor pursuant to this
agreement and to Article I, Section 2 of the City Charter, or
both."
5. Amending the first sentence of Article VI(c) of Exhibit 1 to
hereafter read as follows:
"In the event City breaches this Agreement by annexing
or attempting to pass an ordinance annexing any of the 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 -elle 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 vio—
lation of this Agreement,"
6. Amending Article III(f) of Exhibit 1 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 (52,000,000) 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, shell
pay the lower of:
"(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) of improvements which would be payable to
City if said improvements were situated within the city
limits, regardless of which one million dollars ($1,000,000)
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."
7. Amending the third "WHEREAS" clause of Exhibit 1 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
- 3 -
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 Iio. 1 and Corpus Christi
Industrial Development Area No. 2; and"
PASSED 4%)1-,1.6 f`, �� /g,/
- 4 -
EXHIBIT "A"
To Padre Industries Industrial District Agreement (Corpus
Christi Industrial District No. 14)
A 12.847 acre tract out of Survey No. 582, Patent
No. 128 and Survey No. 311, Abstract No. 816,
Nueces County, Texas, out of Share No. 1 of the
Iza McGregor Partition,
BEGINNING at a 1" iron pipe in the East line of Share
No. 2 of the Mrs. Iza McGregor Partition of 102.76
acres and 38.24 acres, said beginning point being the
Northwest corner of West End Heights, Plat recorded
in Volume 15, Page 4, Map Records, Nueces County,
Texas.
THENCE N 00 25' W 903.10 feet to a 5/8"
iron rod for corner;
THENCE S 89° 33' W 433.58' to a 5/8" iron
rod for_ comer;
THENCE N 0° 27' W 298.94' to a 5/8" iron
rod for corner;
THENCE -N 89° 33' E 40.0 feet to a 1" iron
pipe for corner;
"THENCE S 0° 27' E 258.95' to a 1" iron pipe
for corner'; -
THENCE N 890 32' 16" E 957.25' to a 1" iron
pipe in the West ROW line of Suntide Road
for corner. Said point is in West line of
10' road dedication as dedicated to the
County of Nueces in Volume 1048, Page 173,
Dee& Records, Nueces County, Texas;
THENCE S 0° 26' E 943.52' along said West
ROW line of Suntide Road to a 1" iron pipe
for corner.
Said corner also being in the North line of
West End Heights. (Plat recorded in Volume 15,
Page 4, Map Records.) •
THENCE along the North line of West End
Heights S 89° 34' 5563.93' to the PLACE
OF BEGINNING containing 12.847 acres.
/2e'us7Lr,al reemenl"
/Q c✓, /rruckr rx9., /l c. , g/linss ®i( Seru,eS Tnc.)
%rr ie L Oil. C'orrpany, jQf1ci 1�2c1r�
Dull nt f n, , Tie.
EXh,b.t A"
INDUSTRIAL DISTRICT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
This Agreement made and entered into by and between the CITY OF CORPUS
CHRISTI, TEXAS, a municipal corporation of Nueces County, Texas, hereinafter
.called "CITY", and PADRE TRUCKING, INC.
•
a Texas corporation,BILLINGS OIL SERVICE, INC.,.
.• - . • - - (Lessee4 ...
.--and TRIPLE L OIL COMPANY, INC.•,}UC Texas Corporations, -and PADRE DRILLING
(Landowner) .
•
..XITTDOXEMINIVW4d COMPANY, INC., a Delaware Corporation,
iftpRamememt&xagner i
xoorpoxation; hereinafter collectively called
"COMPANY", -
t4ITNESSETH .
-WHEREAS, it is the established pol'cy of the City Council of the City _.
•
of Corpus Christi, Texas, to a .:t reasgp 1e measures permitted by law which
will tend to enhance he economiclbility and growth of the City and its en-
•virons and which.will attr.ct the location of new and expansion of existing
industries therein, a d s h policy is hereby reaffirmed and adopted by this
City Council as being he best interest of the City and its citizens; and
WHEREAS, Company is the owner or lessee of land or owner of improve— -••
ments on land within the extraterritorial jurisdiction of the City of Corpus
Christi, which land shall, upon execution of this agreement by the City, be
• known as "Corpus Christi Industrial District No.
and which land is'more particularly•described in Exhibit "A" attached hereto,' •
and incorporated herein for all purposes, herein called "said land" and upon
which Company has either constructed (and/or contemplates) the construction or .
expansion of improvements; and
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 agree-
ments with industries located within its extraterritorial jurisdiction and '
designating areas located in its extraterritorial jurisdiction as industrial
districts, herein collectively called "Districts"; and
1./1/.1f
1•JHEREAS, City desires to encourage the updating, expansion and
growth of industries within said Districts and for such purpose desires to
enter into this Agreement with Company:
CHOW, THEREFORE, in consideration of the premises, the mutual agreements •
of the parties herein contained and pursuant to the.authority granted under the
Municipal -Annexation Act and the Ordinance of City referred to above, City and'
Company hereby agree as follows:
City covenants and agrees that during the' term of.this-Agreement, and
subject to the terms arid provisions hereof,•said land shall retain its extra— -
'territorial 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 Agree—.
ment. Except as_herein provided City further covenants and agrees that said _
land shall be -immune from annexation. . ' .
During the term hereof City shall. have no obligation.to extend.to said
land any City services except fire protection in the event Company makes addi—
tional payments to City under Article III(c+) hereof.
•
`.Further, City and Company agree that during the tern hereof, City shall
not require with respect to said land compliance with its rules or regulations
(a) governing zoning and platting of said land or any additions thereto outside
• the City limits; provided, however, Company further agrees that it will in no
way divide said land or additions thereto without complying with State law and
City ordinances governing subdivision of land; (b) prescribing any building,•
.electrical, plumbing or inspection code or codes; or (c) prescribing any rules
governing -the method of operations of Company's'business, except as to those
regulations relating to the delivery of utility services and industrial waste
disposal through City owned facilities.
II
The term of this Agreement shall begin on the first day of January,
1981, and shall continue until December 31, 1987, unless extended for additional
period or periods of time upon mutual consent of Company and City as provided by
the Municipal Annexation Act; provided, however, that in the event this Agreement
is not so extended for an additional period or periods of time on or before March
31 of the final calendar year of the termihereof, then the immunity from annexation
granted herein shall terminate on that date, but all other terms of this Agree -
rent shall remain in effect for the remainder of the term; provided, however,
the effective date and time of such annexation shall be no earlier than midnight
of December 31 of such final year of the term.
• This Agreement may be extended for an additional period or periods by .
agreement between City and Company and/or its assigns.. In this connection, City
recognizes that industrial district agreements of this kind are conducive to the
development of existing and future industry and business and are to the best -
interest of all citizens of City.- Accordingly; future City Councils are hereby
encouraged, -but are not obligated; to enter into industrial district agreements
and to extend existing industrial district agreements.
III
Each year during the term hereof, Company shall pay to City:
(a) An amount in lieu of taxes on said land (excluding improvements and
personal property located thereon) equal to one hundred percent (1005) of the .
amount of ad valorem taxes based upon the market value of said land which would
otherwise be.payable to City by Company if said land were situated within the
city limits of City.
With respect to any new land acquired by Company after January 1,
1981.. located in the extraterritorial jurisdiction of City,' and the use of which '
relates directly to the primary use of the parent tract, and which Company desires •
to -add -to said land, such new land shall be included in Company's land known as . -
said land, and shall be considered in calculating the in lieu of tax payment.on
said land as of January 1 of the first year following the date which such new _
land is acquired by Company. In addition, Company shall provide City a revised
Exhibit "A" which includes a complete description of such new land.
(b) An amount in lieu of taxes on improvements (exiuding personal prop-
erty) located on said land equal to fifty percent (505) of the amount of ad '
valorem taxes which would otherwise be payable to City by Company if said improve-
ments were situated on land within the city limits of City.
On or before March 31 of each year during the term of this Agreement,
Company shall provide to City's Tax Assessor -Collector a written stateMent of its
opinion of the market value sworn to by an official of Company authorized to do
the same.
•
(c) With respect to any new improvements or facilities, which are
hereby defined as those being completed after January 1, 1974 which increase
production capacity, which may be required or proper for environmental or
safety reasons, or' which are made necessary because of a change in raw mater- -
ials being processed, 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 secondYearin use,.15% the third year.
in use, etc. Payments under this provision shall never exceed fifty percent •
(50%). The first year of use for purposes of this -new' improvements payment shall
be deemed to commence on the first day of January next following the -date which
the new improvements are placed in use. •This provision shall apply to construc- •
tion of new improvements or facilities and to the expansion of existing improve--;
ments or facilities on said land. New improvements or facilities not included' -
within this paragraph (c) shall be deemed to be included within the provisions
of paragraph (b) above. -
(d) An additional amount for City fire protection equal to fifteen
percent (15%) -of the amount -which would be payable on 100% of assessed value •
of improvements located in said land notwithstanding the provisions of para-
graph (b) above; provided, however, that if and as long as Company is a member
in good standing of the Refinery Terminal Fire Company, or its successor, it
shall not be obligated to pay the additional amount provided -by this paragraph
(d).
(e) At the request of Company, an alternative to the method of calcula-
tion set forth in paragraphs (a) through (d) above, the,Company may make a payment
which is -determined by considering using the method of calculation set forth in
paragraphs (a) through (d) above, said land and all other lands contiguous to •
said land, or forming an integral part of Company's primary operation located
on said land, owned by Company inside the city limits as if all the value of
Company's lands above described and improvements thereon were outside the city
limits, and deducting from the amount which would otherwise be due from such
calculation the property taxes actually due to City resulting from the assessed
values of land and improvements, excluding personal property, located inside the
City. If Company selects such alternative procedure, the amount due to City
under this section shall be the resulting difference or the minimum payment
required in paragraph (f), whichever is greater. In addition, Company -
- 4 -
110
shall provide City, by attaching hereto as Exhibit "8", a complete description
of the lands contiguous to said land, or forming an integral part of Company's
primary operation located on said land, owned by Company inside the city limits.
With respect to any new land acquired by Company after January 1,
1981, located inside the city limits, which is contiguous to said land, or forms
an integral part of Company's primary operation located on said land, such new
land may be considered in the alternative method of calculating the in lieu of:
tax payment as stated above, as of January 1 of the first year following the
--date which such new land is acquired by Company. 'Company shall 'provide City a;'
,new.or revised Exhibit "8" which includes a complete description of such new land.
(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:
(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 payble 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 ($1,000,000.00) of improvements which
would be payable to City if said improvements were situated within the city
limits, regardless of whether one million dollars ($I,000,000.00) of improve-
ments exist on said land, or
•
• .. (ii) the amount of .ad valorem taxes on land, improvements and per-
. sonal property on said land which would be payable to City if said land, inprovez
ments and personal property were situated within the city limits of City.
Iv
Company agrees to pay to City on or before December 31 of each year
during the term hereof all payments in lieu of taxes provided for hereunder
without discount for early payment. The present ratio of ad valorem tax assess-
ment used by City is one hundred percent (100%) of the fair market value of
property. Any change in such ratio used by City shall be reflected in any
subsequent computations hereunder. This Agreement and the method of deter-
mining and fixing the amount of in lieu of taxes payments hereunder shall be
subject to all provisions of law relating to determination of market value and
-5-
ie
•
taxation, including, but not limited to, laws relating to rendition, assessment,
equalization and appeal.
V •
In the event company elects to protest the valuation set on any of its
properties by City for any year or years during the term hereof, it is agreed
that nothing in this Agreement shall preclude such protest and Company shall
have the right to take all legal steps desired by it to reduce the same as if
such property were located within the City. Notwithstanding any such protest
by Compary,.Company agrees to pay to City an initial in lieu of tax payment on
or before the date therefor hereinabove provided, at least the amount of the
payment in lieu of taxes on said land and improvements which would be due by
Company to City hereunder on the basis of renditions filed by Company with
City's Tax Assessor -Collector for that year or on the basis of the assessment
.thereof for -the last preceding year, whichever is higher. When the valuation
on said property has been finally determined, either as the result of final
judgment of a court of competent jurisdiction or as the result of other final
. settlement of-the=controversy, then within thirty (30) days.thereafter Company
shall make -to City any additional payment duo based on such final valuation.
If as a result of final judgment of a court of competent jurisdiction,or as
the result of other final settlement • of the controversy, the. valuation of Com-
pany's property is established as an amount less than the amount used to com-
pute the initial in lieu of tax payment for such year by Company, then within
thirty (30) days thereafter City•shall make to Company any payment due.based.-
on the difference between the initial payment and that which is computed based
on the final settlement.
VI
(a) In the event Company fails or refuses to comply with all or any
of the terms, conditions•and obligations herein imposed upon the Company, then
this Agreement may be •terminated at the option of City and/or the City may elect
to sue to recover any sum or sums remaining due hereunder or take any other
action which in the sole discretion of the City it deems best. In the event _
the City elects to sue to recover any sum due under this Agreement, the same
penalties, interest, attorney's fees, and cost of collection shall be recover-
able by the City as would be in a suit to recover delinquent ad valorem taxes_
-6-
(b) City shall be entitled to a tax lien on said land and improvements,
in the event of default in payment of in lieu of taxes payments hereunder, which
may be enforced by City in the same manner as provided by law for the collection
of delinquent ad valorem taxes.
(c) In the event City breaches this Agreement by annexing or attempting
to pass an crdinance annexing any of the said land, Company shall be entitled to
enjoin City from the date of, its breach for the balance of the term of this Agree—
ment, from enforcing any annexation ordinance adopted in violation of this Agree—
ment and from taking any further action in violation of this Agreement_ If •-
Company elects to pursue -this remedy, then so long as City specifically performs
its obligations hereunder, under injunctive order or otherwise, Company shall ••
continue to make the annual payments required by this Agreement.
VII•
Company agrees to provide to City at Company's expense, a survey plat
and field note description of said land. "With respect to Company's acquisition
of new land, as described in Article III(a) above, which becomes included in
said land, Company agrees to provide to City at Company's expense, a survey
plat and field note description of such new land.
VIII
If any attempt to annex any of said lard owned, used, occupied, leased,
rented or -possessed by Company, is made by another municipality, or if the incor—
poration of any new -municipality should be attempted so as to include within its
limits such land or property, the City shall seek a temporary and permanent in—. -
junction against such annexation or incorporation, with the cooperation of Com—
pany, and shall take such other legal action as may be necessary or advisable -- .
under the circumstances. The cost of any such legal action shall be borne
equally by the parties hereto; provided, however, the fees of any special legal
counsel shall be paid by the party retaining same.
In the event City and Company are unsuccessful in obtaining a temporary
injunction enjoining such attempted annexation or incorporation, Company shall
have the option of (1) terminating this Agreement, effective as of the date of
such annexation or incorporation, or (2) continuing to make the in lieu of taxes
payments required hereunder. Such option shall be exercised within thirty (30)
days after the application for such temporary injunction is denied. In the
_7
se
event Company elects to continue such in lieu of taxes payments, the City shall
place future payments hereunder together with part of the payment for the calen—
dar year in which such annexation'or incorporation is attempted, prorated to the
date such temporary injunction'or relief is denied, in a separate interest-bear-
ing escrow account which shall be held by City subject to the following:
(a) In the event final judgment (after all appellate review, if any,
has been exhausted) is entered denying a permanent•injunction and/or upholding_
such annexation or incorporation, then all such payments and accrued interest -
thereon shall be refunded to Company; or
(b) In the event final judgment (after all appellate review, if any,•
has been exhausted) is entered granting a permanent injunction and/or invali .
dating such annexation or incorporation, then all such payments and accrued
interest thereon shall be retained for use by City. .
IX
•
•
The.benerfits accruing to Company under this Agreement shall also ex- ._
tend to Company's "affiliates" and to any properties presently owned or acquired
by said affiliates within the area described in Exhibit
"A" to this Agreement,
and where reference is made herein to land, 7roperty and improvements owned by
Company, that shall also include land and improvements presently owned by its
affiliates. The word "affiliates" as used herein shall mean (1) all companies '
with respect to which Company directly or indirectly, through one or more inter—
mediaries at -the time in question, owns or has the power to exercise control
over fifty percent (50%) or more of the stock having the right to vote for the
election of directors; or (2) all corporations which are members of a "controlled
group of corporations" (as that term is defined in Section 1563(a) of the Internal
Revenue Code of 1954, as amended) of which the Company is a member.'
X
This Agreement shall inure to the benefit of and be binding upon City .
and Company, and upon Company's successors and assigns, affiliates and subsidi—
aries, and shall remain in force whether Company sells, assigns, or in any other
manner disposes of, either voluntarily or by operations of law, all or any part
of said land, and the agreements herein contained shall be held to be covenants
running with said land for so long as this Agreement or any extension thereof
remains in force.
-8-
XI
(a) Whenever the Company sells a contiguous portion of said land con-
sisting of 20 acres or more to an ancillary industry which will be engaged on
the property in the further processing of the product of the Company or the
preparation of raw materials prior to their processing by the Company,. then
platting of such property may be deferred under the following conditions:
(i) The seller. shall submit for approval by the City Council a
site plan indicating the proposed water, sewer, drainage, access, and street
plans for said land.
(ii) Both the buyer and the. seller shall enter into an agreement
with the City requiring the platting of said land in the event the buyer's use
of the property materially changes from the permitted uses described above, or
if the company's industrial district agreement terminates without extension. . .
The seller -shall remain'solely responsible for any payments in lieu
of taxes attributable to the buyer's holdinas on the property unless the buyer
.has entered into a supplemental industrial district contract with the City con-
cerning such holdings.
•
(b) Ihenever the Company properly plats, subdivides and conveys to a
buyer other than an affiliate a portion of the lands described in Exhibit "A"
and/or Exhibit "B", Company shall furnish to the City's Tax Assessor -Collector
a revised Exhibit "A" and/or Exhibit "B", which revised exhibit or exhibits
shall constitute an amendment to this Agreement, effective for the calendar
year next following the calendar year in which the conveyance occurred. Seiler
shall remain solely responsible for any payments in lieu of taxes for the Galen- .
dar year in which the conveyance occurred. In the event the Company improperly
plats, subdivides or conveys a portion of the lands described in Exhibit "A" or.
Exhibit "B", Company shall remain solely responsible for any payments in lieu of
taxes applicable to such property, including improvements thereon, as if no such
conveyance had occurred_
XII .
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) cr enters into a renewal of any existing industrial district agreement
(1) Standard Industrial Classification Manual . (Executive Office of the President -
Office of Management and Budget, Statistical Policy Division, 1972). 659 pp.
-9-
with an industry of the same classification, having the sane or approximately
the same expiration date, 'which contains in lieu of tax payment terms and pro—
visions 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.
XIII
In the event any one or more words, phrases, clauses, sentences, para
graphs, sections, articles or other parts of this Agreement or the application
thereof to any person, firm, corporation or circumstances shall ever be held by
any court of competent jurisdiction to be invalid or unconstitutional for any
reason., then the application, invalidity or unconstitutionality of such words,
phrase, clause, sentence, paragraph, section, article or other part of the Agree—
ment shall be deemed to be independent of and separable from the remainder of
this Agreement and the validity of the remaining parts of this Agreement shall
not be affected thereby.
ENTERED into this day of , 19 _
ATTEST:
zti
Secretary
PADRE TRUCKING, INC. (Company)
(Landowner)
By 1Q.
40
T. d. Billings, ,4esident
ATTEST: BILLINGS OIL SERVICE,
(Lessee)
By
Secretary T
ATTEST:
Secretary
ATTEST:
City Secretary
INCfCompany)
ings„ resident
TRIPLE L OIL COMPANY,INC (Company)
.pairmWeeltS:c Wnen)c (Lessee) _
By
T.
. Billings, j esident
CITY OF CORPUS CHRISTI
By
R. Marvin Lownsend, City Manager
APPROVED: DAY OF , 1980: PADRE DRILLING COMPANY, INC.
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assistant City Attorney
By
T. 0. Bilings, esident
ATTEST: �7�- Qn� R.�t--�J •
That the foregoing ordinance vw reafor fir t time a0 passed to its
econd readingon this the }S dayof 1910 , bythe
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K. Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
That the foregoing ordinance was read for
third reading on this the .1c— day of
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K..Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
That the foregoing ordinan was r d for the ird time and passed finally
on this the,jr4 day of _, 19 _, by the following vote:
Luther Jones
he second time 40 passed to its
, 197/ , by the
Edward L. Sample
Dr. Jack Best
Jack K..Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
PASSED AND APPROVED, this the /.1Cii day of ' , 19 Y)
ATTEST:
City Secretary MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
AP/ED:
/ DAY OF /j/,dy� , 198/ :
J. BRUCE AYCOCK, CITY ATTORNEY
By
Assist y '7ttorney d 16144
MOTION TO AMEND
S K / . moved and 8 s 7
seconded this motion to amend the ordinance authorizing the City Manager to exe-
cute an industrial district agreement with Padre Trucking. Inc./Billings Oil Service, Inc.
Triple L Oil Company, Inc./Padre Drillingfor a term of seven (7) years commencing
Company, Inc.
January 1, 1981, passed ontfirst reading by the City Council of the City of Corpus
Christi on March 18, 1981
1. Amending the sentence comprising the second paragraph of Article I
of Exhibit 1 to hereafter read as follows:
"During the term hereof City shall have no obligation to
extend to said land any City services except fire protection
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."
2. Amending the first sentence of Article III(c) of Exhibit 1 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 percentage 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.'•
3. Amending the sentence comprising Article XII of Exhibit I 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."
4. Amending the first paragraph of Article I of Exhibit 1 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 annexa-
tion by an effective industrial district agreement pursuant
to Ordinance 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, 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 con-
tractual annexation of the 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, subject 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 accomplish such purpose,
the City may, at its option, either (1) terminate 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 annexation corridor pursuant to this
agreement and to Article I, Section 2 of the City Charter, or
both."
2
5. Amending the first sentence of Article VI(c) of Exhibit 1 to
hereafter read as follows:
"In the event City breaches this Agreement by annexing
or attempting to pass an ordinance annexing any of the 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 vio-
lation of this Agreement."
6. Amending Article III(f) of Exhibit 1 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) in market value of improvements
on said land subject to this agreement, such Company, in lieu of
thepaymentsin items (a), (b), (c), (d), and (e) above, shall
pay the lower of:
"(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 doliars
($1,000,000) of improvements which would be payable to
City if said improvements were situated within the city
limits, regardless of which one million dollars ($1,000,000)
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."
7. Amending the third "WHEREAS" clause of Exhibit'l 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
-3-
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 Pio_ 1 and Corpus Christi
Industrial Development Area No. 2; and"
PASSED /Pi /9 P
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