HomeMy WebLinkAbout16146 ORD - 04/01/1981r r t
AN ORDINANCE
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL
DISTRICT AGREEMENT WITH El Paso Products Company
FOR A TERM OF SEVEN (7)
YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA
TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO.
16 "; 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 El Paso Products
Company
for a term of seven (7) years commencing
January 1, 1981; designating an area to be known as "Corpus Christi Industrial
District No. 16"; 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.Torth in the Industrial District Agreement, a substantial
copy of which is attached hereto and made a part hereof, marked Exhibit 1.
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EL rASO PRODUCTS COMPANY -7,-.11.173.0.1„. "III
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JOHN B. MASON
Senior Vice President
General Counsel & Secretary
Honorable Mayor and City Council
City Hall
Corpus Christi, Texas
POST OFFICE BOX 3986
001580, TEXAS 79760
February 23, 1981
Gentlemen and Lady:
Pursuant to the provisions of your Ordinance 15898,
we are pleased to advise you that we intend to join the In-
dustrial District and receive the benefits of Article 970(a),
Texas Civil Statutes.
Our plant'is located adjacent to the Corpus Christi
Petrochemical Company Complex. A legal description of our
acreage is attached.
Construction was completed on our plant in 1980,
hence all of our facilities are "newly constructed" within
the definitions of your Ordinance. As soon as feasible, we
will furnish you the completed questionnaire, which you
furnished our attorney, Cecil E. Burney.
Should you need any further information from us,
feel free to call Mr. Burney.
Very truly
yours,
F^
A tract of land situated in Nueces County, Texas, out of
the Chas. Land Survey 412, Abstract 854, also being out
of that certain 1211.58 acre tract described in the Warranty
Deed to Corpus Christi Petrochemical Company by Champlin
Petroleum Company, recorded in Volume 1589 at Page 367 of
the Deed Records of Nueces County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod, 12 inches deep, described
as the northwest corner of the 1211.58 acre tract, in the
heretofore referenced Warranty Deed;
THENCE S 0° 37' 50" E along the west line of the 1211.58
acre tract a distance of 2617.19 feet to a point;
THENCE S 89° 57' 20" E a distance of 200.00 feet to a
point for the POINT OF BEGINNING and the northwest corner
of this tract;
THENCE, continuing S 89° 57' 20" E a distance of 1666.67
feet to a point for the northeast corner of this tract;
THENCE S 0° 02' 40" W a distance of 1616.67 feet to a
point for the southeast corner of this tract;
THENCE N 89° 57' 20" W a distance of 1659.75 feet to a
point for the southwest corner of this tract;
THENCE N 0° 08' 20" W a distance of 1414.08 feet to a
point for an interior corner of this tract;
THENCE N 00 37' 50" W a distance of 202.61 feet to the
Point of Beginning, forming a tract of land embracing
61.6994 acres.
INDUSTRIAL DISTRICT AGREEMENT
THE STATE OF TEXAS
COUNTY OF NUECES
CITY OF CORPUS CHRISTI
•' ' 3-26
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 EL PASO PRODUCTS COMPANY _
(Landowner and Improvement Owner)
a Texas corporation,
corporation, and
,a
(Lessee)
(Improvements Owner)
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 econoeiic 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. 1(0
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 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
Cnrpur. Chricti fnr{irctri:il OPVPlonment Arra 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, 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 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 he 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
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
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the Municipal Annexation Act; provided, however, that in the event this Agreement
is not so extended tor 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 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 (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.
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 dc,-ire:',.
+�+ +.�>; i such new land shall be included in Company's land known as `s'0}�
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 (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 March 31 of each year during the term of this Agree-
ment, Company shall provide to City's Tax Assessor-Collector a written statement
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of its opinion of the market value sworn to by an official of Company authorized
to On tip c}mp,
(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% the 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 (15%) of the amount which would be payable on 100% of assessed value of
improvements located in said land notwithstanding the provisions of paragraph '
(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 calcu-
lation set forth in paragraphs (a) through (d) above, the Company may make a pay-
ment 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 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 inside the city limits.
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With respect to any new land acquired by Company after January 1,
1961, iocacea insioe 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
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 payable to City if said land were situated within the
city limits, plus an amount equal to one hundred percent (100%) of the ad
valorem taxes'on one million dollars ($1,000,000.00) of improvements which
would be payable to City if said improvements were situated within the city
limits, regardless of whether one million dollars ($1,000,000.00) of improve-
ments exist on said land, or
(ii) 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 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.
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
-b-
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.
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 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 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 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 valuation 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 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 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 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 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 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
-7-
payments required hereunder. Such option shall be exercised within thirty (30)
Lays aiier 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 bd 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 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 awned 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 intermediaries 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 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
- 8 -
running with said land for so long as this Agreement or any extension thereof
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 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 holdings on the property unless the
buyer has entered into a supplemental industrial district contract with the
City concerning such holdings.
(b) Whenever 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. 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" or
a �Y_
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
t"e oxtraterritorial jurisdiction of the City, engaged in a similar industry,
as classified by Major Group according to the Standard Industrial Classification
Mmin•,1(I) nr i•nlor into d te•nc'wr,r1 of .ury exi•,I.ing indu',Lridl district ayreCmeni
with do indii try of the sour' classification, which contains in lieu of tax pay-
! ,,,„ ,..d p•ovi,,rnnr, more favorable Lo ,0ch lando,nt'r than those in this
Agreement, Comp,:ny and its assigns shall have the right to either terminate
this Agreement, or amend this Agreement to contain such more favorable in lieu
of Lax payment terms and provisions.
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 Lo 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
remainder of this Agreement and the validity of the remaining parts of this
Agreement shall not be affected thereby.
ATTEST:
EU1ERED into this 2nd day of April
Assistant Secretary
ATTEST:
Try--
ATTEST:
ry--
ATTEST:
Secretary
ATTEST:
City $ecretury --- .___-__
APPROVED: DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
, 19 81
EL PASO PRODUCTS COMPANY
(Landowner and Improvement
Owner), -
AA
By e for ice '
n Mason
By
(Lessee)
resident
(Company)
fImprovements Owner-}
By
CITY OF CORPUS CHRISTI
(Company)
By
R. Marvin Townsend, City Manager
, 19 .
By
Assistant City Attorney
(1) Standard Industrial Classification Manual. (Executive Office of the President -
Office of Management and Budget, Statistical Policy Division, 1972). 659 pp.
- 10 - -
TRACT 1
FIELD NOTE DESCRIPTION
EL PASO PRODUCTS COMPANY PLANT SITE
EXHIBIT "A"
A tract of land situated in Nueces County, Texas, out of
the Chas. Land Survey 412, Abstract 854, also being out
of that certain 1211.58 acre tract described in the Warranty
Deed to Corpus Christi Petrochemical Company by Champlin
Petroleum Company, recorded in Volume 1589.at Page 367
of the Deed Records of Nueces County, Texas, and being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod, 12 inches deep, described
as the northwest corner of the 1211.58 acre tract, in the
heretofore referenced Warranty Deed;
THENCE S 0°37' 50" E along the west line of the 1211.58
acre tract a distance of 2617.19 feet to a point;
THENCE S 89°57' 20" E a distance of 200.00 feet to a
point for the POINT OF BEGINNING and the northwest corner
of this tract;
THENCE, continuing S 89°57' 20" E a distance of 1666.67
feet to a point for the northeast corner of this tract;
THENCE S 0°02' 40" W a distance of 1616.67 feet to a
point for the southeast corner of this tract;
THENCE N 89°57' 20" W a distance of 1659.75 feet to a
point for the southwest corner of this tract;
THENCE N 0°08' 20" W a distance of 1414.08 feet to a
point for an interior corner of this tract;
THENCE N 0°37' 50" W a distance of 202.61 feet to the
POINT OF BEGINNING, forming a tract of land embracing
61.6994 acres.
Page 1 of 2
0 0
TVACT II
FIELD NOTE DESCRIPTION
1;L PASO PRODUCTS COMPANY DOM SITE
EXHIBIT "A"
Being a tract of land situated in Nueces County, Texas, out
of Surveys 582 and 583, patented to W. S. McGregor, Abstracts
1000 and 1001 and also being out of a 1783.33 acre tract known
as the Original W. S. McGregor 1783.33 acre tract, and being
more particularly described by metes and bounds as follows:
Commencing at a point in the Nueces County Navigation
District's South bulkhead line in the Viola Turning
Basin, as described in that Mutual Deed dated June 8,
1959, between the Nueces County Navigation District
No. 1 and Kathleen Jones Alexander, et al, and being
recorded in counter -parts in Volume 868, pages 571
and 604 and Volume 869, page 34 of the Deed Records
of Nueces County, Texas, said point being the North-
west corner of a 36.26043 acre tract conveyed to
Champlin Petroleum Company by the Driscoll Foundation,
et al as recorded by Deed in Nueces County Clerk File
Nos. 95445 through 95453, said point also being in the
West line of the 1783.33 acre tract, from whence the
Northwest corner of the 1783.33 acre tract bears N
0°41' 04.5" W at approximately 1598.32 feet;
THENCE along the Nueces County Navigation District's
South bulkhead line of the Viola Turning Basin and
Channel and the North line of said 36.26043 acre tract
as follows:
S 76°59' 04.5" E a distance of 1624.69 feet to a point.
S 71°00' 54" E a distance of 732.14 feet to a point
for the Northwest corner of this tract and the point
of beginning, said point being the most Easterly
corner of said 36.26043 acre tract and described
by coordinates on the State of Texas, Lambert Grid
Projection (South Zone) of X = 2,319,030.92
Y = 791,304.53
THENCE S 35°17' 29" W along the Southeast line of said
36.26043 acre tract, a distance of 1049.70 feet, to a
point in the North line of a 120 foot wide tract reserved
for a road right'of way for the Southwest corner of this
tract, said point being 120 feet measured at a right angle,
from the North right of way line of the Missouri Pacific
Railroad;
TIIENCE S 54°42' 31" E along the North line of said right
of way tract, 120 feet from and parallel to the North
right of way line of said Missouri Pacific Railroad, a
distance of 608.97 feet to a point for the Southeast
corner of this tract;
THENCE N'35°17' 29" E a distance of 1096.1 feet to a
point. for the Northeast corner of this tract, said point
lying in the Nueces County Navigation District's South
bulkhead line;
THENCE N 59°04' 33" W along said Nueces County Navigation
District South bulkhead line, a distance of 610.74 feet to
the point of beginning forming a tract of land embracing
14.99991 acres.
Page 2 of 2
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
a
(Landowner)
corporation,
corporation, and
•
a
(Lessee)
(Improvements Owner)
a corporation, hereinafter collectively called
"COMPANY",
ITNESETH:.
WHEREAS, it is t e establish policy of the City Council of the City
of Corpus Christi, Texas, to ad reasonable measures permitted by law which
will tend to enhanc the :conomic stability and growth of the City and its en-
virons and which wil attr.ct the location of new and expansion of existing
industries therein, anch 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. -
",
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
E"xId• I
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, 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 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 asherein 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(d) 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 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 term hereof, then the immunity from annexation
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granted herein shall terminate on that date, but all other terms of this Agree-
ment 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 (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.
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 (exluding personal prop-
erty) 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 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.
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(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 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 construc-
tion of new improvements or facilities and to the expansion of existing improve-.
ments or facilities on said land. Hew 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
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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 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 "B" 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 ($1,000,000.00) of improve -
meets 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, improve •
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
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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 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 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 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.valuation of Com-
pany's property is established as an amount less than the amount used to corn
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 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 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 .0 such new land.
VIII
If any attempt to annex any of said land owned, used, occupied, leased,
rented orpossessedby 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
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_benefits 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, property 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.
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 holdings on the property unless the buyer
has entered into a supplemental industrial district contract with the City con-
cerning such holdings.
_ (b) Whenever 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. 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" 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) or 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 same 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 Aareement, 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: (Company)
(Landowner)
Secretary
ATTEST:
Secretary
ATTEST:
Secretary
ATTEST:
City Secretary
APPROVED: DAY OF
J. BRUCE AYCOCK, CITY ATTORNEY
By
, 1980:
Assistant City Attorney
By
(Company)
(Lessee)
By
(Company)
(Improvements Owner)
By
CITY OF CORPUS CHRISTI
By
-1 n_
R. Marvin lownsend, City Manager
That the foregoing ordinance was) read for f�irstt// time an passed to its
second reading on this the ltb day of �R , 19 Jr/ , 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 ordinance was read for he sec nd time passed to its
third reading on this the 49S" day of , 19i/ , by the
following vote:
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K..Dumphy
Leopoldo Luna
Betty N. Turner
Cliff Zarsky
That the foreaoing{ordinance
on this the( 4� day of
Luther Jones
Edward L. Sample
Dr. Jack Best
Jack K.'Dumphy
Leopoldo Luna,•
Betty N. Turner
Cliff Zarsky
ac_read_for th third time and passed finally
, 10/ , by the following vote:
PASSED AND APPROVED, this the - A51— day of_______,„„1 _ _ _ , 14/
ATTEST:
y' S y MAYO
ecretar
APPROVED:
/g , DAY OF /ga,,d 19C/ :
J. BRUCE AYCOCK, CITY ATTORNEY
By
Ass.:
t Attornli{ T
THE CITY OF CORPUS CHRISTI, TEXAS
16146
MOTION TO AMEND
moved and.c.1t
seconded this motion to amend the ordinance authorizing the City Manager to exe—
cute an industrial district agreement with El Paso Products 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 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 IIIc) 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."
r•
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 froth 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 i mnunity 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."
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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 (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, 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 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 No. 1 and Corpus Christi
Industrial Development Area No. 2; and"
•l
PASSED »-c4.r-ck / e/ ( 99 p/'
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