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HomeMy WebLinkAbout16153 ORD - 04/01/1981• INDUSTRIAL DISTRICT AGREEM€Nl`- THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI 3-26-81� 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 American Chrome & Chemicals Inc. a Delaware corporation, corporation, and ,a nkando,Rar) ie Racssex: x (c3mprxxements x0wnex* x 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. I ", and which land is more particularly described in Exhibit "A" attached hereto, and incorporated herein for ail 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 .Cnrp::s Christi Indus ria1 D'velopment 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, 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 termsandprovisions 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 an 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 - 2 - the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an-additional"period=or iods'ot-t1me cn o r uz Ora 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, 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 (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 -3- 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% 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 themethod 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. - 4 - With respect to any new land acquired by Company after January 1, 1931, 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 (l00%) 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 miilic- 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 -5- subsequent computations hereunder. This Agreement and the method of determining and "nixing 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 paymenton 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 - 6 - 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 he 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 neva land, as described in Article III(a) above, whichbecomes 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) days after the application for such tern orary 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 alendar 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 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 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 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 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 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 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 - 9 - Waal') 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. 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 remainder of this Agreement and the validity of the remaining parts of this Agreement shall not be affected thereby. ENTERED into this 23rd day of February , 19 81 ATTEST: S'ecretary ATTEST: Secretary ATTEST: American Chrome & Chemicals Inc. (clxarvdnlwaerx)x By (Company) President (Company) By (Company) tmpcouerxeotsaeex>D x By Secretary ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 19 . J. BRUCE AYCOCK, CITY ATTORNEY 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 - 11 4/flee/CAA/ C#47.rriA" 404-'4//z-,4"..5 /A/c. ACC'S PROPERTY. 1/1 = 179.89. Acres #2 = 81.04 Acres 115 = 89.05 Acres #6 = 7.72 Acres Total 357.70 ,Acres A 6nEE1 FSiL 617 ! A 1350 EXHIBIT A, PART I All of the following described tracts of land in Nueces County Texas TRACT I Beginning at a point in the west line of Cantwell Lane, a concrete monument with a brass plate, said point being 5 22° 48' 32" W, 571 .46' from PPG monument No. 512 and being N 79° 07' 34" E, e distance of 4499.93' From the inter::ectian of the north right-of-way line of the Missouri Pacific Raifroad and the west line of Share 1C of the Partition of the Frederick. Kaler Estate,Deed Recorded in Volume 195, page 441, File 70990, Nay 8, 1931 . THENCE: 5 68° 17' 23" W, a distance of 112.39' to a brass monument set in concrete for corner; THENCE: S 22° 08' 44" W, a distance of 669.28' to a brass monument set in concrete for corner; THENCE: 5 78° 46' 07" W, a distance of 1130.04' to a brass monument set in concrete for corner; THENCE: N 84° 23' 58" W, a distance of 187.76' to a brass monument set in concrete for corner; THENCE: N 47° 17' 06" W, a distance of 466.78' to an iron rod for corner; THENCE: 5 79° 49' 04" W, a distance of 617.94' to an iron rod for corner; THENCE: S 19° 07' 26" W, a distance of 129.27' to an iron rod for corner; THENCE: 5 83° 06' 49" W, a distance of 94.34' to a brass monument set in concrete for corner; THENCE: N 68° 13' 53" W, a distance oF 368.06' to a point for corner; THENCE: N 17° 13' 25" W, a distance of 385.78' to a point for corner; THENCE: N 46° 55' 50" E, a distance of 834.57' to a point for corner; THENCE: N 31° 47' 06" 8, a distance of 518.75' to a point for corner; THENCE: N 11° 21' 40" W, a distance of 479.01' to a point for corner; THENCE: N 68° 55' 52" E, a distance of 1#95.87' to an iron rod for corner; THENCE: N 23° 36' 18" W, a distance of 521 .05' to a point in the Nueces County Navigation District bulkhead line in a curve for corner, said bulkhead line and point both being under water; THENCE: In a northerly direction with the bulkhead line, a curve having a radius of 3519 .83', a long chord of 764.60', a central angle of 12° 28' 15"-, a distance of 766.12' to a point for corner, bulkhead fine and point both being under water; THENCE: 5 20° 32' 00" E, with a lease line of the Nueces County Navigation District, a distance oF 264.43' to a brass monument set in concrete for corner; EXHIBIT A - Page 1 /Npt/srt/qL drSTeicr Ax,eseinrwr SEED RECOrPOS .404612/4AN G9f n1E CN iti/GA .e ruG _ • - VGL 1 2't D FcOR vin 1'723 tact 60« 61'7 VH 1351 ,THENCE_:. 5,28° 3.0' 40'.'L._with_said lease line odistance of414.11' to an iron rad for corner; THENCE: S 88° 12' 23" E, a distance of 739.32' to a brass monument set in concrete for corner; THENCE: S 66° 39' 10" E, a distance of 566.36' to a point for corner, a power pole on this corner; THENCE: S 25° 21' 20" W, along the west line of Cantwell Lane, an 80' wide road, a distance of 142.66' to an iron rod For corner, and the beginning of a curve to the right; THENCE: Along said curve having a radius of 1106.00', and a central angle of 270 27' 10", a distance of 529.93' to an iron rod for corner; - THENCE: S 52° 48' 32" W, a distance of 422.68' to an iron rod for corner, and the beginning of a curve to the left; THENCE: Along said curve to the left having a radius of 613.14', and a central angle of 30° 00' 00", a distance of 321 .04' to an iron rod for corner; THENCE: 5 22° 48' 32" W, at 317.35', PPG Monument No. 512, in all a distance of 888:81' to the place of beginning and containing 179.89 acres of. land. TRACT 2 Beginning at a point in the east boundary line of Cantwell Lane (formerly Navigation Boulevard) at its intersection with the north boundary line of a tract of land conveyed by Southern Alkali Corporation (now PPG Industries, Inc .) to Defense Plant Corporation (said tract now owned by Coastal States Petrochemical Co.) said point being S 73° 14' 24"E, a distance of 80.44 feet from the PPG Industries Monument No. 512 in the west line of Cantwell Lane. THENCE: 5 73° 14' 24" E, a distance of 910.39 feet to PPG No. 511A ( PPG monuments are Monel metal discs mounted in a concrete shaft) for corner; THENCE: 5 19° 52' 26" W, with the east line of Coastal States 5.57 acre tract, a distance of 1851 .92 feet to PPG monument 510A in the north right-of-way line of Missouri Pacific Railroad, a curve to the northeast; THENCE: Along said curve to the left in a northeasterly direction having a radius of 2814.93 feet, a central angle of 14° 54' 40" , a distance of 732.58 feet to the beginning of a spiral curve to the left; THENCE: Along said spiral curve to the left having a spiral angle of 1° 58' 40", a distance of 196 .27 feet to the end of said curve; THENCE: N 76" 00' 00" E, along the north right-of-way line of the Missouri Pacific Railroad, a distance of 1091 .14 feet to an iron rod For corner; THENCE: N 350 12' 23" W, a distance of 180.99 feet to an iron rod for corner; THENCE: 5 750 56' 40" W, a distance of 40.00 feet to an iron rod for corner; /0VPNSTP/A4- aisreier 4�.eEEn,4d'7 EXHIBIT A - Page 2 4frAi',z4 A/ Cif "SME cH /oA4S Ale. fi0[L617 !fACt 1352 THENCE: N 64° 57' 50" W, a distance of 76.64 feet to an iron rod for corner; THENCE: N 25° 09 00" E, a distance of 62.85 feet to on: iron rod for corner; THENCE: 5 64" 51' 00" E, a distance of 10.00 feet to an iron rod for corner; THENCE: N 25°'09" 00" E, a distance of 171 .50 feet to an iron rod for corner; THENCE: N 64" 51' 00" W, a distance of 243.00 feet to an iron rod for corner; THENCE: S 25° 09' 00" W, a distance of 2.16 feet to an iron rod for corner; THENCE: N 64° 51' 00" W, a distance of 120.00 feet to an iron rod for corner; THENCE: 5 25° 09' 00" W, a distance of 341 .42 feet to an iron rod for corner; THENCE: N 64° 51' 00" W, a distance of 565.00 Feet to on iron rod for corner, from which point PPG monument No .112 bears S 25° 09' 00" W, 50 feet and N 64° 51' 00" W , 25 feet; THENCE: N 25° 09' 00" E, a distance of 960.000 feet to on iron rod for corner, from whence point PPG monument No . 114 beers N 25° 09' 00" E, 15.0 feet and N 64° 51' 00" W, 25.0 feet; THENCE: S 64° 51' 00" E, a distance of 30.00 feet to a brass monument set in concrete for corner; THENCE: N.25° 09' 00" E, a distance of 375.00 feet to an iron rod for corner; THENCE: S 64° 51 00" E, a distance of 167.00 feet to a brass monument set in - • I concrete for corner; THENCE: N 25° 09' 00" E, a distance of 326.95 feet to an iron rod for corner; THENCE: N 25° 09' 00" E, a distance of 34.07 feet to an iron roc! for corner; THENCE: N 100 09' 00" E, a distance of 438.70 feet to a point in the Nueces County Navigation District No. 1 bulkhead line; THENCE: N 660 39' 10" W, along said bulkhead line, a distance of 477.04 feet to a point for corner; THENCE: 5 23" 20' 50" W, a distance of 90.11 feet along the Nueces County Navigation District No . 1 leaseline; .THENCE: N 870 15' 30" W, along the Nueces County Navigation District No. 1 leaseline, a distance of 641 .01 feet to a point for corner; THENCE: N 23° 20' 48" E, along the Nueces County Navigation District No. 1 leaseline, a distance of 315 .70 feet to a point for corner, being the location of PPG monument No. 520 (disturbed); THENCE: N 84° 19' 40" W, along the Nueces County Navigation District No. 1 leaseline, a distance of 159.94 feet to a point in the east line of Cantwell Lane, a curve in a southwesterly direction; THENCE: South along the east line of Cantwell Lane, an 80 feet road, along a curve to the right having a central angle of 25° 04' 29" , a radius of 1186 .00 feet, a distance of 519.03 feet to the end of said curve; i4/01.1S1-eiA1 e T Atc-E r 4n E,Q/CA.✓ Cf emit k ells0'7/C 444 ' //V? . EXHIBIT A - Page 3 _PEW REC0R0g VOL -17,23 t„eE 585 OEED RECO,' ' YOL1723 FA Gl�61'7 NCE1353 THENCE: 5 52° 43' 32" W with the east line of Cantwell Lane 422.63 feet to the beginning of a -curve to the left; THENCE: Along said curve to the left having a central angle of 300 00' 00", a radius of 533.14 feet, a distance of 279 .15 feet to the end of said curve; THENCE: S 22° 48' 32" W, along the east side of Cantwell Lane, a distance of 303.37 feet to the place of beginning and containing 8] .04 acres of land. TRACT 5 Beginning at a point in the west property line of PPG Industries, Inc. property, said point nx:rked by PPG Monument 1/518 and said point being in the west line of Share IC of the Partition of the Frederick Kaler Estate as referenced previously, and said point being N 60 25' 53" W, 244.94' from the southwest corner of the referenced portion of Share .1 C. THENCE: N 6° 25' 53" W, a distance of 1444.84' to an iron rod for corner; THENCE: N 63" 52' 58" E, 1066.25' to an iron rod for corner; THENCE: S 26° 07' 02" E, 35.00' to an iron rod for corner; THENCE: N 63° 52' 58" E, 100.00' to an iron rod for corner; THENCE: N 26° 07' 02" W, 35.00' to an iron rod for corner; THENCE: N 63° 52' 58" E, 391 .08' to an iron rod for corner; THENCE: N 26° 26' 14" W, at 8.59 ft . a concrete monument with a brass plate, in all a distance of 199.11' to a point in the bulkhead line of the Nueces County Navigation District No. 1, said point and line being submerged; THENCE: N 63° 31' 17" E, with said bulkhead line 1500.00' to a point for corner; THENCE: S 26° 28' 43' E, with the west line of the A . C. C. Dock Area 461 .51' to an iron rod for corner; - THENCE: 5 68° 55' 52" W, with the north line of the Original Disposal Area 824.37' to a point for corner; THENCE: S 11° 21' 40" E, with the west line of the Original Disposal Area, 479.01' to a point for corner; THENCE: With said west line 5 31° 47' 06" W, 518.75' to a point for corner; THENCE: With said west line S 46° 55' 50" W, 834.57' to a point for corner; THENCE: With said west line S 17° 13' 25" E, 385.78' to a point for corner; THENCE: With the southerly line of the Original Disposal Area 5 68° 13' 53" E, 368.06' to a concrete monument with a brass plate for corner; /✓Dare/Az- D/STe/lT 4‘e‘gnigV7 AJNEt/e44/ CH,'gm K- CNZAiJi 3' Av? . EXHIBIT A - Page 4 THENCE: With the west line of the Area Retained by PPG S 9° 46' 50" E, 245 .60' to a concrete monument with a Lrass plate for corner, being the northright-of-way line of the Missouri Pacific Railroad right-of-way; THENCE: With said north right-of-way line S 80° 13' 10" W, 1323.09' to PPG Monument # 519 and the beginning of a curve to the right; THENCE: With said curve to the right, being the northeasterly fine of a crossing easement- conveyed to the Nueces County Navigation District No. 1, said curve having a radius of 424.28', a central angle of 53° 53' 00", the radius to this curve at Monument # 519 having a bearing of N 3° 14' 42" E, a distance of 399.01' to PPG Monument 518 and the point of beginning, said tract containing 89.05 acres of land. TRACT 6 Beginning at a point in the Nueces County Navigation District No. 1 bulkhead line, said paint and line being submerged, said point being N 63" 31' 17" E, (also called N 63° 30' 20" E), 2988.37' along said bulkhead line from the northwest corner of the PPG property, from whence PPG Monument No. 517 bears S 6°25' 53" E (also called S 6° 26' 20" E-}, 165.0', THENCE: N 63" 31' 17" E, along the bulkhead line 518.,17.' to a point, the beginning of a curve to the right; THENCE: With said curve to the right having a radius of 3519.83', a central angle of 2° 52'25" , and with the bulkhead line 176.53' to a point; THENCE: S 23" 36' 18" E, at 196.05 ' a brass monument set in concrete, in all a distance of 521 .05' to an iron rod for corner; THENCE: S 68° 55' 52" W, 671 .50' to an iron rod for corner; THENCE: N 26° 28' 43" W, at 264 .44 ' a brass monument set in concrete, in all a distance of 461 .51' to the bulkhead Zine and the point of beginning, said tract containing 7.72 acres of land. /A/tlM. T€[4 G 11 /STi/C% ,1, etthTL.v7- - pEEU RECOR(]� Aw1F�/c9A/ eih emE E el ‘m/CAS /A/& EXHIBIT A - Page 5 yoL1.723 M± 587 INDUSTRIAL DISTRICT AGREEiMENT THE STATE OF TEXAS G COUNTY OF NUECES 0 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 American Chrome $ Chemicals Inc. a ikandowsemk Delaware corporation, corporation, and 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 reasonablemeasuu, - es permitted by law which + will tend to enhance the econonic stability-nd;OOwth of the City and its en-. virons and wh'cP ill attract the loc tio.'of new and expansion of existing / / . industries th ei , and such policy s hereby reaffirmed and adopted by this City Council as •eing in t'e best in rest of the City and its citizens; and WHEREAS, Company s the owner or lessee of land or owner of improve- ments on land wit in the e traterritorial jurisdiction of the City of Corpus Christi, which lan• hall, upon execution of this agreement by the City, be known as "Corpus Christi ndustrial District No. `4 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 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 orthis Agree— ment. Except as herein provided City further covenants and agrees that said land shall ba 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 tern hereof, City shall not requirewithrespect 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 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. -3- (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. 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 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. 'r lith respect to any new land acquired by Company after January i, 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 (51,000,000.00) 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, 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 -5- taxation, including, but not Iimited 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 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 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 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- 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 permanentinjunction 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. 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 • overfifty 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 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 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 23rddayof February , 19 81 . ATTEST: Secretary ATTEST: Secretary ATTEST: Secretary American Chrome $ Chemicals Inc. (Company) (ta nwn;er) By President (Company) By (Company) ( spcimme ae -mem) By ATTEST: CITY OF CORPUS CHRISTI By City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney 1 11 ACC'S PROPERTY. #1 = 179.89 Acres 1/2 = 81.04 Acres #5 - 89.05 Acres 1/6 = 7.72 Acies Total 357.70,Acres • E 11.• It, ‘x, Om .00 0,40. COLULCOIA•SOUTMERN ROA 61,7 EXHIBIT A, PART I All of the'following described tracts of land in Nueces County, Texas: TRACT I Beginning at a point in the west line of Cantwell Lane, a concrete monument with a brass plate, said point being S 22" 48' 32" W, 571 .46' from PPG monument No, 512 and being N 79° 07' 34" E, a distance of 4499.93' From the: inter.:ectian of the north right-of-way line of the Missouri Pacific Railroad and the west line of Share 1C of the Partition of the Frederick. Ka ler Estate,Deed Recorded in Volume 195, page 441, File 70990, May 8, 1931 . THENCE: S 68° 17' 23" W, a distance of 112 .39' to a brass monument set in concrete for corner; THENCE: S 22° 08' 44" W, a distance of 669 .28' to a brass monument set in concrete for corner; THENCE: 5 78° 46' 07" W, a distance of 1130.04' to a brass monument set in concrete for corner; THENCE: N 84" 23' 58" W, a distance of 187.76' to a brass monument set in concrete for corner; THENCE: N 47° 17' 06" W, a distance of 466.78' to an iron rod for corner; THENCE: 5 79° 49' 04" W, a distance of 617.94' to an iron rod for corner; THENCE: 5 19° 07' 26" W, a distance of 129.27' to an iron rod for corner; THENCE: S 83' 06' 49" W, a distance of 94.34' to a brass monument set in concrete for corner; THENCE: N 68° 13' 53" W, a distance of 368.06' to a point for corner; THENCE: N 17° 13' 25" W, a distance of 385.78' to a point for corner; THENCE: N46° 55' 50" E, a distance of 834.57' to a point for corner; THENCE: N 31° 47' 06" E, a distance of 518.75' to a point for corner; THENCE: N 11" 21' 40" W, a distance of 479.01' to a point for corner; THENCE: N 68° 55' 52" E, a distance of 1495 .87' to an iron rod for corner; THENCE: N 23° 36' 18" W, a distance of 521 .05' to a point in the Nueces County Navigation District bulkhead line in a curve for corner, said bulkhead line and point both being under water; THENCE: In a northerly direction with the bulkhead line, a curve having a radius of 3519 .83', a long chord of 764.60', a central angle of 120 28' 15', a distance of 766.12' to a point for corner, bulkhead line and point both being under water; THENCE: S 20° 32' 00" E, with a lease line of the Nueces County Navigation District, a distance of 264.43' to a brass monument set in concrete for corner; EXHIBIT A - Page 1 �dEED f7EC0 DS VOL 1723 FADE 583 �,.CEED ftECORc-Is W1723 'ECCE ROl1617 Wa 1351 THENCE: S 78° 30' 40" E, with said lease line, a distance of 414.11' to an iron rod for corner; THENCE: S 88° 12' 23" E, a distance of 739 .32' to a brass monument set in concrete for corner; THENCE: 5 66° 39' 10" E, a distance of 566.36' to a point for corner, a power pole on this corner; THENCE: 5 25° 21' 20" W, along the west line of Cantwell Lane, an 80' wide road, a distance of 142 .68' to an iron rod for corner, and the beginning of a curve to the right; THENCE: Along said curve having a radius of 1106.00' , and a central angle of 27° 27' 10", a distance of 529 .93' to an iron rod For corner; THENCE: 5 52° 48' 32" W, a distance of 422.68' to an iron rod for corner, and the beginning of a curve to the left; THENCE: Along said curve to the left having a radius of 613.14', and a central angle of 30° 00' 00", a distance of 321 .04' to an iron rod for corner; THENCE: S 22° 48' 32" W, at 317.35', PPG Monument No. 512, in all o distance of 888.81' to the place of beginning and containing 179.89 acres of land. TRACT 2 Beginning at a point in the east boundary line of Cantwell Lane (formerly Navigation Boulevard) at its intersection with the north boundary line of a tract of land conveyed by Southern Alkali Corporation (now PPG Industries, Inc .) to Defense Plant Corporation (said tract now owned by Coastal States Petrochemical Co.) said point being S 73° 14' 24"E, a distance of 80.44 Feet from the PPG Industries Monument No . 512 in the west line of Cantwell Lane, THENCE: 5 73° 14' 24" E, a distance of 910.39 feet to PPG No. 511A ( PPG monuments are Monel metal discs mounted in a concrete shaft) for corner; THENCE: 5 19° 52' 26" W, with the east line of Coastal States 5.57 acre tract, a distance of 1851 .92 feet to PPG monument 510A in the north right-of-way line of Missouri Pacific Railroad, a curve to the northeast; THENCE: Along said curve to the left in a northeasterly direction having a radius of 2814.93 feet, a central angle of 14° 54' 40" , a distance of 732 .58 feet to the beginning of a spiral curve to the left; THENCE: THENCE: THENCE: Along said spiral curve to the left having a spiral angle of 10 58' 40", a distance of 196 .27 feet to the end of said curve; N 76° 00' 00" E, along the north right-of-way line of the Missouri Pacific Railroad, a distance of 1091 .14 feet to an iron rod for corner; N 350 12' 23" W, a distance of 180.99 feet to an iron rod for corner; THENCE: 5 75° 56' 40" W, a distance of 40.00 feet to an iron rod for corner; EXHIBIT A - Page 2 6011. 617 !pant 1,352 THENCE: N 64° 57' 50" W, a distance of 76.64 feet to an iron rod for corner; THENCE: N 25° 09' 00" E, a distance of 62.85 feet to an iron rod for corner; THENCE: S 64° 51' 00" E, a distance of 10.00 feet to an iron rod for corner; THENCE: N 25° 09' 00" E, a distance of 171 .50 feet to an iron rod for corner; THENCE: N 64° 51' 00" W, a distance of 243.00 feet to an iron rod for corner; THENCE: S 25° 09' 00" W, a distance of 2 .16 feet to an iron rod for corner; THENCE: N 64° 51' 00" W, a distance of 120.00 feet to an iron rod for corner; THENCE: S 25° 09' 00" W, a distance of 341 .42 feet to an iron rod for corner; - THENCE: N 64° 51' 00" W, a distance of 565 .00 feet to an iron rod for corner, from which point PPG monument No. 112 bears S 25° 09' 00" W, 50 feet and N 64° 51' 00" W , 25 .feet; THENCE: N 25° 09' 00" E, a distance of 960.00 feet to an iron rod for corner, from whence point PPG monument No. 114 bears N 25° 09' 00" E, 15.0 feet and N 640 51' 00" W, 25.0 feet; THENCE: $ 64° 51' 00" E, a distance of 30.00 feet to a brass monument set in concrete for corner; THENCE: N 25° 09' 00" E, a distance of 375.00 Feet to an iron rod for corner; THENCE: S 64° 51' 00" E, a distance of 167.00 feet to a brass monument set in - concrete for corner; THENCE: N 25° 09' 00" E, a distance of 326.95 feet to an iron rod for corner; THENCE: N 25° 09' 00" E, a distance of 34.07 feet to an iron rod for corner; THENCE: N 10° 09' 00" E, a distance of 438 .70 feet to a point in the Nueces County Navigation District No. 1 bulkhead line; THENCE: N 66° 39' 10" W, along said bulkhead fine, a distance of 477.04 feet to a point for corner; - THENCE: 5 23° 20' 50" W, a distance of 90.11 feet along the Nueces County Navigation District No. 1 leaseline; .THENCE: N 87° 15' 30" W, along the Nueces County Navigation District No. 1 leaseline, a distance of 641 .01 feet to a point for corner; • THENCE: N 23° 20' 48" E, along the Nueces County Navigation District No. 1 leaseline, a distance of 315.70 feet to a point for corner, being the location of PPG monument No. 520 (disturbed); THENCE: N 84° 19' 40" W, along the Nucces County Navigation District No. 1 leaseline, a distance of 159.94 feet to a point in the east line of Cantwell Lane, a curve in a southwesterly direction; THENCE: South along the east line of Cantwell Lane, an 80 Feet road, along a curve to the right having a central angle of 25° 04' 29" , a radius of 1186.00 feet, a distance of 519 .03 feet to the end of said curve; EXHIBIT A - Page 3 !PEED HECORM VUL x'723 tALE 585 n�_0 REC:.^.� YOL'1723 to fiCtL61'7 !MnCE1353 THENCE: 5 52° 48' 32" W with the east line of Cantwell Lane 422.68 feet to the beginning of a curve to the left; THENCE: Along said curve to the left having a central angle of 30° 00' 00", a radius of 533,14 feet, a distance of 279 .15 feet to the end of said curve; THENCE: S 22° 48' 32" W, along the east side of Cantwell Lane, a distance of 308.87 feet to the place of beginning and containing 81 .04 acres of land. TRACT 5 Beginning at a point in the west property line of PPG Industries, Inc. property, said point marked by PPG Monument #518 and said point being in the west line of Share IC of the Partition of the Frederick Kaler Estate as referenced previously, and :aid point being N 6° 25' 53" W, 244.94' from the southwest corner of the referenced portion of Share 1 C. THENCE: N 6° 25' 53" W, a distance of 1444.84' to an iron rod for corner; THENCE: N 63° 52' 58" E, 1066.25' to an iron rod for corner; THENCE: 5 26° 07' 02" E, 35.00' to an iron rod for corner; THENCE: N 63° 52' 58" E, 100.00' to an iron rod for corner; THENCE: N 26° 07' 02" W, 35.00' to an iron rod for corner; THENCE: N 63° 52' 58" E, 391 .08' to an iron rod for corner; THENCE: N 26° 26' 14" W, at 8 .59 ft . a concrete monument with a brass plate, in all a distance of 199.11' to a point in the bulkhead line of the Nueces County Navigation District No. 1, said point and line being submerged; THENCE: N 63° 31' 17" E, with said bulkhead line 1500,00' to a point for corner; THENCE: S 26° 28' 43" E, with the west line of the A . C . C . Dock Area 461 .51' to an iron rod for corner; THENCE: 5 68° 55' 52" W, with the north line of the Original Disposal Area 824,37' to a point for corner; THENCE: S 11° 21' 40" E, with the west line of the Original Disposal Area, 479 .01' to a point for corner; THENCE: With said west line S 31° 47' 06" W, 518.75' toa point for corner; THENCE: With said west line S 46° 55' 50" W, 834.57' to a point for corner; THENCE: With said west line S 17° 13' 25" E, 385.78' to a point for corner; THENCE: With the southerly lint of the Original Disposal Area S 68° 13' 53" E, 368 .06' to a concrete monument with a brass plate for corner; EXHIBIT A - Page 4 Kit617 1354 THENCE: With the west line of the Area Retained by PPG S 9° 46' 50" E, 245.60' to a concrete monument with a brass plate for corner, being the north right-of-way line of the Missouri Pacific Railroad right-of-way; THENCE: With said north right-of-way line S 80° 13' 10" W, 1323.09' to PPG Monument # 519 and the beginning of a curve to the right; THENCE: With said curve to the right, being the northeasterly line of a crossing easement conveyed to the Nueces County Navigation District No. 1 , said curve having a radius of 424,28', a central angle of 53° 53' 00", the radius to this curve at Monument # 519 having a bearing of N 3° 14' 42" E, a distance of 399.01' to PPG Monument # 518 and the point of beginning, said iruct containing 89.05 acres of land. TRACT 6 Beginning at a point in the Nueces County Navigation District No. 1 bulkhead line, said point and line being submerged, said point being N 63° 31' 17" E, (also called N 63° 30' 20" E), 2988.37' along said bulkhead line from the northwest corner of the PPG property, from whence PPG Monument No. 517 bears S 6° 25' 53"'E. (also called S 6° 26' 20" E'), 165.0', THENCE: N 63° 31' 17" E, along the bulkhead Zine 518-.17.` to a point, the beginning of a curve to the right; THENCE: With said curve to the right having a radius of 3519.83', a central angle of 2° 52'25" , and with the bulkhead line 176.53' to a point; THENCE: S 23° 36' 18" E, at 196.05 ' a brass monument set in concrete, in all a distance of 521 .05' to an iron rod for corner; THENCE: 5 68° 55' 52" W, 671 .50' to an iron rod for corner; THENCE: N 26° 28' 43" W, at 264.44 ' a brass monument set in concrete, in all a distance of 461 .51' to the bulkhead line and the point of beginning, said tract containing 7.72 acres of land. EXHIBIT A - Page 5 _PEED RECOibt .VOL 1'723 iAi L 557 That the foregoing ordinance was read for first time and passed to its second reading on this the as day of �e dc�ri.�, 19 ;1 , 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 as read for a sec nd time ad, passed its third reading on this the dayof , 19 bythe following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K. Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregoingy ordinancehcas read for ththird time and passed finally on this the '',./ -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 PASSED AND APPROVED, this the day of�.' 19 p / ATTEST: City Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS APPRU ED: -/ -2.c7DAY OF f e' T�ruaf� J. BRUCE AYCOCK, CITY ATTORNEY , 19 g : i(7is3 MOTION TO AMEND moved and .rte seconded this mot on to am d the ordinance authorizing the City Manager to exe— cute an industrial district agreement with American Chrome and Chemicals, Inc 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 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 T 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., TO% 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 imune 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 itis 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." -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 (32,000,000) 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 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 Mo. 1 and Corpus Christi Industrial Development Area No. 2; and" PASSED % A.weR. 147J ,y 8/ - 4 - MOTION -r moved and S/: J-7 P.0 seconded this motion to include in the ordinance authorizing the City Manager to execute an industrial district agreement with American Chrome and Chemicals, Inc., 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, the following: 1. Adding the required Exhibit "A" describing the lands to be included within the industrial district. PASSED