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HomeMy WebLinkAbout16337 ORD - 06/24/1981TEXAS: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH Suntide Relining:Company FOR A TERM OF SEVEN (7) YEARS COMMENCING JANUARY 1, 1981; DESIGNATING AN AREA TO BE KNOWN AS "CORPUS CHRISTI INDUSTRIAL DISTRICT NO. 21 "; 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, SECTION 1. That the City Manager be and he is hereby authorized to execute an Industrial District Agreement with Suntide Refining -Company for a term of seven (7) years commencing January 1, 1981; designating an District No.21"; exempting such annual payment in lieu of taxes area to be known as "Corpus Christi Industrial area from annexation and providing for an 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. KROFILMW. 16337 .1. L. LAIPr` Refinery f SUN PETROLEUM PRODUCTS COMPANY Y A Denson or Son Ol Company 01 Pennsyloan.a February 20, 1981 The Honorable Luther Jones Mayor of Corpus Christi, Texas P. 0. Box 9277 Corpu s Christi, Texas 78408 Dear Mayor Jones: Corpus Christi Refinery, Inc. (Formerly Sun Petroleum Products Company) is amenable to the principles of the Industrial District Agreement and intends to join with the City in signing such an agree- ment. We are not satisfied that the concept of individual agreements with each and every industry whom the City deems qualified is in the best interests of either the City or industry; however, if the City Council remains adamant in its plan, we will comply within the near future. JLL/mf V�truly yours L. Laird P.O. BOX 2608, CORPUS CHRISTI. TEXAS 78403 (512) 241-4811 /7 INDUSTRIAL DISTRICT AGREEMENT THE STATE OF TEXAS ) COUNTY OF NUECES 1 CITY OF CORPUS CHRISTI I 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 Del aruara SHNTTDE RRFTNTNJ COMPANY XYXYXXXYXXXXXXXXXXXXX corporation, and a corporation, ,a (Landowner) (Lessee) xxXXXxxxxxxXxxxXXXXX XXXXXXXXXXXXXxxXXXXxxxXXxxxxxxx Improvements Owner) • xxxxxxxxxxxxx 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. 2-) • ", 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 Corpus Christi Industrial Development Area No. 2; and WHEREAS, City desires to encourage the updating, expansion and growth of industries within said Districts and for such purpose desires to enter into this Agreement with Company: NOW, THEREFORE, 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 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 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 -2- the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before March 31 of the final calendar year'of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of such annexation shall be no earlier than midnight of December 31 of such final year of the term. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns. In this connection, City recognizes that industrial district agreements of this kind are conducive to the development of existing and future industry and business and are to the best interest of 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, 1931, 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 (5) 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 improve"-ents 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. -4- 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 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 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 -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 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) days after the application for such temporary injunction is denied. In the event Company elects to continue such in lieu of taxes payments, the City shall place future payments hereunder together with part of the payment for the cal- endar year in which such annexation or incorporation is attempted, prorated to the date such temporary injunction or relief is denied, in a separate interest- bearing escrow account which shall be held by City subject to the following: (a) In the event final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding such annexation or incorporation, then all such payments and accrued interest -thereon shall be refunded to Company; or (b) In the event final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invali- dating such annexation or incorporation, then all such payments and accrued interest thereon 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 cf 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 "6", 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 - Ma -vial or enters into a renewal of any existing industrial district agreement 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, Comapny and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain such more favorable in lieu of tax payment terms and provisions. For purposes of this Article, landowners deemed to be engaged in a similar industry shall be those classified in Major Groups 28 (Chemical and Allied products)and 29 (Petroleum refining and related industries). 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 day of , 19 .1M.o • avnes- er ATTEST: _ Secretary ATTEST: Secretary ATTEST: Company) Lessee) By (Company) (Improvements Owner By Secretary ATTEST: CITY OF CORPUS CHRISTI By City Secretary APPROVED: 22n-/ DAY OF R. Marvin Townsend, City Manager , 1940 : J. BRUCE AYCOCK, CITY ATTORNEY By -./w1 _6(.;2 Assis,tan City Attorne)l ) (1) Standard Industrial Classification Manual. (Executive Office of the President - Office of Management and Budget, Statistical Policy Division, 1972). 659 pp. - 10 - U REIAN ENGINEERING CORPUS CHRISTI. TEXAS P. O. BOX 6355, 2725 SWANTNER CORPUS CHRISTI, TEXAS 78411 PHONE 854-3101 Job No. 18527 April 30, 1981 STATE OF TEXAS COUNTY OF NUECES FIELDNOTES for a 10 acre tract of land out of,the W. S. McGregor Survey 582,'Abstract 1000, Nueces County, Texas: BEGINNING at a 1" iron pipe found on the East boundary of 60 foot wide Suntide Road (formerly Whelan Avenue and Viola Road) for the North or Northwest corner of this tract, from which corner the intersection of the centerline of Suntide Road with the centerline of the main track of the Missouri Pacific Railroad bears North 54°20'44" West, 37.07 feet and thence North 0°19'40" West,- 690.81 feet; THENCE South 54°20'44" East, along a wire mesh fence 1,076.-62 feet to a 1" iron pipe found for the East or Northeast corner of this tract; THENCE South 0°19'40" East, along a wire mesh fence 500.00 feet to a 1" iron pipe found for the South or Southeast corner of this tract; THENCE North 54°20'44" West, along a wire mesh fence 1,076.62 feet to a 1" iz.n pipe found on_ the East boundary of Suntide Road (60 feet wide) for the West or Southwest corner of this tract; THENCE North 0°19'40" West, 30' from and paralleZ_.tn the center- line of Suntide Road, 500.00 feet to the POINT OF BEGINNING containing 10 acres of land. GMP: ak URBAN ENGI-NEERING 90.41 - George M. Pyle, R.P.S. gxffrsrr 4 U OAIS1 ENGINEERING CORPUS CHRISTI, TEXAS P. O. BOX 6355, 2725 SWANTNER CORPUS CHRISTI, TEXAS 78411 PHONE 854-3101 May 1, 1981 STATE OF TEXAS COUNTY OF NUECES Job No. 18527 FIELDNOTES for a 366.57 acre tract of land out, of Survey 582, Abstract No. 1000; Survey 311, Abstract No. 816; Survey 500, Abstract 582; Survey 416, Ab- stract 838 and Survey 421, Abstract 572, Nueces County, Texas: , BEGINNING at a li" iron pipe found at the intersection of the North boundary of Up River Road with the East boundary of Renfro Road for the Southwest corner of this tract, from which corner a 13" iron pipe at the Southwest corner of a 136.94 acre tract of Iand conveyed by Ester McGregor et al to Suntide Refining Co. by deed. dated July 26, 1955.and recorded in Volume 700, Pages 346 - 353, of the -Deed Records of Nueces County, bears North 68°40'10" West, 60.94 feet; THENCE along the East_boundary of said Renfro Road (60 feet wide) running -about 1 foot West of a wire mesh fence as follows: North 11°13' East, 358.64 feet found a 11" pipe; North 12°19' East, 1,092.05 feet found a 11" iron pipe; North 11°44' East, 435.92 feet found a 13" iron pipe; North 10°I6' East, 473.20 feet found a 11" iron pipe at the intersection of the East boundary of Renfro Road with the extension of the South boundary of Willow Street as described in right-of-way deed dated June 12, 1956 from Suntide Refining -Company to the County of Nueces recorded in Vol. 738, Pages 29 thru 31 of Nueces County Deed Records; THENCE North 10°12'20" West, crossing said right-of-way and running about 1.3 feet West of a wire mesh fence 83.13 feet to a,1" iron pipe found on the North boundary of above mentioned 136.94 acre tract which is also the South boundary of Viola Townsite; a map of which is recorded in Volume 3, Page I6, Map Records of Nueces County; THENCE North 0°34' West, parallel to the West boundary of Renfro Road which is also the West boundary of said Survey 582 and 60' distant therefrom measured at right angles thereto, running about 1.0 foot West of a wire mesh fence and crossing Blocks 101, 100 and 81 of Viola Townsite, a map of which is recorded in' Volume 3, Page 16 of the Map Records of Nueces County, Texas, a distance of 1,058.38' to a 1" tion pipe found on the North boundary of Cypress Street for the lower Northwest corner of this tract from which corner the Southwest corner of Block 80 of Viola Townsite bears South 89°26' West 32.0 feet; ob No. 18527 Page 2 May 1, 1981 THENCE North 89°26' East, along the North boundary of Cypress which is also the South boundary of BIocks 80, 79, 78, 77 and 76 of said Viola Townsite running about 1.0 foot North of a wire mesh fence at 1,776.2 feet cross a wire mesh fence running North and South, in all a distance of 1,788.00 to the Southwest corner of former Block 75 in Viola Townsite on the East boundary of McGregor Street for an interior corner of this tract which corner is North 89°26' East 40.0 feet from the most Westerly West boundary of a 134.103 acre tract conveyed to Suntide Refining Company by Sunray Oil Corporation by deed dated July 16, 1952 recorded in Volume 561, Pages 202 thru 206 of Deed Records of Nueces County, Texas; THENCE North 0°34' West along the East boundary of McGregor Street and 40 feet_East of and parallel to the West boundary of said 134.103 acre tract 1,333.55 feet to the South right-of-way line of the Missouri Pacific Railroad for the upper Northwest corner of this tract which corner is 3.5' East of the last mentioned wire mesh fence; -THENCE along said South right-of-way line parallel to and 50 feet distant from the centerline of the main track and about 1.0 foot North of a wire mesh fence South 66°17'10" East, 937.77 feet to the point of curvature of a curve to the right which_has a central angle of 10°52!00" and a radius of 5,679.65 feet; _ THENCE along said right-of-way on said curve to the right ramming about 1.0 foot North of a wire mesh fence for an arc distance of 1,077.20 feet to the West ,boundary of Suntide Road (formerly Whelan Ave. and Viola Road) which West boundary is the East boundary of a 20 foot strip of land abandoned by order of Nueces County Commissioner's Court on December 13, 1964, for the Northeast corner -of this tract; THENCE South 0°19'40" East, along said West boundary about am line with a wire 'mesh fence 1,804.07 feet to the point of curvature of a curve to the right which has a central angle of 1°08'00" and a radius of 11,429.16 feet; THENCE along said curve in a Southerly direction about on lime --with wire mesh fence 226.07 feet to the point of tangency; THENCE South 0°48'20" West, along said West boundary of Sunti4e Road about on line with a wire mesh fence, 278.89 feet to the point of curvature of a curve to the left which has a central angle of 1°08'00" and a radius of 13,489.16 feet; THENCE along said curve to the left about on line with a wire mesh fence for an arc distance of 227.26 feet to a }" iron pipe found on the upper South boundary of said 134.103 acre tract and on the North boundary of a 20 acre tract conveyed to Suntide Refining Company by South Texas Construction Company hg deed dated August 16, 1965 recorded in Volume 1099, Pages 338 thru 339 of Deed Records of Nueces County, from which corner the Northeast corner of said 20 acre tract and - the upper Southeast corner of said 134.103 acre tract bears North 89°34'30" East, 10.00 feet; )b No. 18527 Page 3 May 1, 1981 THENCE South 0°19'40" East along the West boundary of Suntide Road about on line with a wire fence 900.00 -feet to a 1" iron pipe found on the South boundary of said 20 acre tract at the Northeast corner of Tract I, West End Heights Annex, a map of which is recorded in Volume 33, Page 7 of the Map Records of Nueces County, for the upper Southeast corner of this tract; THENCE South 89'34'30" West along the South boundary of said 20 acre tract and -the lower North boundary of said Tract 1, West End Heights Annex running -about 0.3 feet -South of a wire mesh fence 957.04 feet to a 1" iron pipe found at the Southwest corner of said 20 acre tract and an interior corner of said Tract 1, West End Heights Annex for a corner of this tract; ' 'THENCE North 0°25.30" West along the West boundary of said 20 acre tract and the most Westerly East boundary of said Tract 1, West End Heights Annex 'running about 1.3 feet West of a wire mesh fence 258.94 feet to a 1" iron pipe found at the upper Northeast corner.of said Tract 1, West End Heights Annex for the lower Southeast corner of above mentioned 134.103 acre tract and a corner of this tract; THENCE South 89°34'30" West along the common boundary between said West End Heights Annex and said 134.103 acre tract running about 1.0 foot South of a wire mesh fence, 40 feet to the Northwest corner of said West End Heights Annex and also the upper Northeast corner of an 8.412 acre tract of land conveyed to Sun- -tide -Refining Company by deed dated August 30, 1971 by Arnold Land Company recorded in Volume 1409, Pages 161 thru 166, Deed Records of Nueces County for an interior corner of this tract; THENCE South 0°25'30" East, along the most Westerly East boundary of said 8.412 acre tract and the most Westerly West boundary of said West End Heights Annex, running about 1.0 foot East of a wire meshfence, 298.94 feet to an in- terior corner of said 8.412 acre tract and the upper Southwest corner of said West -End Heights Annex for an interior corner of this tract; -THENCE North 89°34'30" East, along the lower North boundary of said 8.412 acre tract and the upper South boundary of said West End Heights Annex, running about 1.0 foot North of a wire mesh fence 59.74 feet'to the lower Northeast corner of said 8.412 acre tract and the Northwest corner of a tract now or for- merly owned by J. H. Spurlock for a corner of this tract; THENCE South 0°20'20" East along the most Easterly East boundary of said 8.412 acre tract and the West boundary of said J. H. Spurlock Tract running about 1.0 foot East of a wire mesh fence at 1,666.45 feet pass a 5/8" iron rod on line in all 1,667.81 feet to the common front corner of said 8.412 acre tract and said_' J. H. Spurlock Tract on the North boundary of Up River Road for the lower South- east corner of this tract; bb No: 18527 .age 9 . May 1, I981 THENCE North 66°18'15" along the North boundary of Up River Road running about 1.0 foot South of a wire mesh fence at 216.63 feet pass a 1" iron pipe found at the Southwest corner of'said 8.412 acre tract and the Southeast cor- ner of a 23.5 -acre tract conveyed by Billie Adair Ferrell and husband to Sun - tide Refining Company by deed dated October 8, 1965 recorded in Volume 1109, Pages 237 thru 241, Deed Records of Nueces County, in all a distance of 845.96 feet to a 1" iron pipe found at the Southwest corner of said 23.5 acre tract and the Southeast corner of the above mentioned 136.94 acre tract, for an angle point in the North boundary of Up River Road; THENCE continuing along the North boundary of Up River Road North 68°40'10" West, at 26.5 feet a post at an angle point in a wire mesh fence bears North 21° 19'50" East 6.3_feet, at 1,383.00 feet the wire mesh fence bears North 21°19'50" East 4.4 feet, in all a distance of 2,50I.66 feet to the POINT OF BEGINNING which is about 0.7 feet South of and about 1.0' West of the wire mesh fence corner post; GMP:ak URBAN ENGINEERING George M. Pyle, R.P.S. J BAN ENGINEERING CORPUS CHRISTI, TEXAS P. O. BOX 6355, 2725 SWANTNER CORPUS CHRISTI, TEXAS 78411 PHONE 854-3101 May 5, 1981 STATE OF TEXAS COUNTY OF NUECES Job No. 18527 FIELDNOTES for a 5.58 acre tract of land being a 2.73 acre tract of land out of a 4.97 acre tract leased to Humble Pipeline Company by Clara Driscoll Sevier, et 'al, by Lease Agreement dated April 15, 1937 recorded in Volume 230, Page 470, Deed Records of Nueces County and a 2.85 acre tract out of a 7.23 acre tract leased to Humble Pipeline Company by Clara Driscoll Sevier, et al, b'y Lease Agreement dated October 31, 1940, recorded in Volume 263, Page 264, Deed Records of Nueces County, Texas: BEGINNING at a 5/8" iron rod found on the East boundary of Suntide Road on the most -Northerly North boundary of a 10.67 acre tract conveyed by Clara —Driscoll Sevier to Humble Pipeline Co. by deed dated July 6, 1934, recorded in Volume 212, Page 421, Deed Records of Nueces County for the upper Southwest corner of_this tract, from which corner the Northwest corner of said 10.67, acre tract and the Southwest corner of said 4.97 acre tract bears South 89° 40'20" West, 10.00 feet; THENCE North 0°19'40" -West, along the East boundary of Suntide Road, 261.18 feet to the -point of curvature of a curve to the right which has a central angle of 00°26'26" and a radius of 11,549.16 feet; THENCE continuing along the East boundary of Suntide Road on said curve to the tight an arc distance of 88.82 feet to a 5/8" iron rod found for -the Northwest ' corner of this tract; THENCE North 89°40'20" East, 339.66 feet to a 5/8" iron rod found at the Northeast corner of said 2.73 acre tract for the 'upper Northeast corner of this tract; THENCE South Northwest corner -THENCE North Northeast corner tract; 00°19'40" East, 175.00 feet to a 5/8" iron rod found at the of said 2.85 -acre tract for an interior corner of this tract; 89°40'20" East, 350.00 feet to a 5/8" iron rod found at the of said 2.85 acre tract for the lower Northeast corner of this THENCE South 0°19'40" East, 355.00 feet to a 5/8"iron rod found at the South- east corner of said 2.85 -acre tract for the Southeast corner of this tract; Job No. 18527 (5.58 acre tract) Page 2 May 5, 1981 THENCE South 89°40'20" West, 350.00 feet Southwest corner of said 2.85 acre tract for tract; THENCE North 00°19'40" West, 180.00 feet Northeast corner of said 2.73 acre tract for THENCE South 89°40'20" West, 340.00 feet _ GMP:ak to a 5/8" iron rod found at the the lower Southwest corner of this to a 5/8" iron rod found at the an interior corner of this tract; to the POINT OF BEGINNING. - URBAN ENGINEERING George M. Pyle, R.P.S. ENGINEERING CORPUS CHRISTI. TEXAS P. O. BOX 6355. 2725 SWANTNER CORPUS CHRISTI. TEXAS 78411 PHONE 854-3101 May 5, 1981 STATE OF TEXAS COUNTY OF NUECES Job No. 18527 FIELDNOTES fore 2.73 acre tract of land out of 10.67 acres conveyed to Humble Pipeline Company by Clara Driscoll Sevier, et al, by deed dated July 6, 1934 re- corded in Volume 212, Page 421, Deed Records of Nueces County, Texas: BEGINNING at a 5/8" iron rod found at the intersection of the most Northerly North boundary of said 10.67 acre tract with the East boundary of Suntide Road, for the Northwest corner of this tract, from which corner the Northwest corner of said 10.67 acre tract bears South 89°40'20" West, 10.00 feet; THENCE North 89°40'20"..East, along the most Northerly North boundary of said 10.67 acre tract, 340.00 feet to a 5/8".iron rod found at its Northeast corner for the Northeast corner of this tract; THENCE South 0°19'40" East, along the most Westerly East boundary of said 10.67 acre tract at 300.00 feet pass an -interior corner of said 10.67 acre tract, in all a distance of 350.00 feet to a 5/8" iron rod found for the Southeast corner of this tract; THENCE South 89°40'20" West, 340.00 feet to a 5/8" iron rod found on the East boundary of Suntide Road for the Southwest corner of this tract; THENCE North 0°19'40" West, along the East boundary of Suntide Road 350.00 feet to the POINT OF BEGINNING. GMP:ak URBAN ENGINEERING .52-e-tgA,- 44036 George M. Pyle, R.P.S. U ROAN ENGINEERING CORPUS CHRISTI, TEXAS P. O. BOX 6355, 2725 SWANTNER CORPUS CHRISTI, TEXAS 78411 PHONE 854-3101 May 14, 1981 STATE OF TEXAS COUNTY OF NUECES Job No. 18527 FIELDNOTES for a 14.90 acre tract of land being the West tract of 3 tracts comprising the Aaron Cohen 45 acre tract out of the Rachel Webb 1,000 acre tract, Nueces County, Texas: .BEGINNING at a metal fence corner post for a wire mesh fence at the inter- section of the South boundary of Tribble Lane -with the East boundary of a tract now or formerly owned by N. J. Cantwell, for -the Southwest corner of the J. C. and Frank Tribble 17.45 acre tract and the Northwest corner of this tract; THENCE South 59°19'30" East along the South boundary of Tribble Lane run- ning about on line with a chain link fence 980.31 feet to a 1" iron pipe found- -for the Northeast corner of this tract; THENCE South 24°52'00" West, 739.60 feet to a 1" iron pipe set for the Southeast corner of this tract; THENCE North 59°34'40" West 685.58 feet to an axle found in concrete around a metal corner fence post at the Southeast corner of a one acre tract of land conveyed to.Earl C. Dunn -:.y Mitchel Schwartzman and wife by deed dated April 27, 1954 recorded in Volume 639, Pages 96 and 97 of the Deed Records of Nueces County, Texas, for the lower Southwest corner of this tract; THENCE North 18°10'05" East along the East boundary of said one acre tract, running about 0.8 feet West of a chain link fence, 208.59 feet to the Northeast corner of said Dunn one acre tract and an interior corner of this tract, from which corner the Northeast corner of a one acre tract as quit claimed to Harriet Bridgeforth by Aaron Cohen by deed dated April 13, 1936 recorded in Volume 222, Page 85 of the Nueces County Deed Records bears North 18°10'05" East, 5.26 feet; THENCE North 59°11'55" West, along the tract about in line with a chain link fence, post, in all a disiiince of 208.28 feet to the acre tract for the upper Southwest corner of THENCE North 18°25'25" East, along the Tract running about 2.5 feet West of a chain North boundary of said Dunn one acre at 205.74 pass a metal fence corner Northwest corner of said Dunn one this tract; East boundary of the 6.65 acre Neal link fence, at 2.94 feet pass an axle Job No. 18527 (14.90 acre tract) Page 2 May 14, 1981 found at the Northwest corner of said Harriet Bridgeforth one acre tract, at 33.3 feet a metal fence corner post bears South 71°34'35" East, 2.77 feet and another metal fence corner post bears North 71°34'35" West, 0.63 feet and con- tinuing North 18°25'25" East, along the East boundary of said N. J. Cantwell Tract about on line with a chain link fence a total distance of 547.23 feet to the POINT OF BEGINNING. GMP:ak URBAN ENGINEERING George M. Pyle, R.P.S. That the foregoing ordinance s read forefir t time arigi passed to its second reading on this the day of A,c�A , 194y) , 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 the sec nd time an passed to its third reading on this the day of , 19A8/ , by the following vote: Luther Jones Edward L. Sample Dr. Jack Best Jack K.-Dumphy Leopoldo Luna Betty N. Turner Cliff Zarsky That the foregoi g ordinance as read for the third time and passed finally on this the day of , 19 j5) , by the following vote: i Luther Jones Edward L. Sample Dr. Jack Best Jack K.'Dumphy Leopoldo Luna: Betty N. Turner Cliff Zarsky PASSED AND APPROVED, this the ATTEST: it ec ry APPRO.}V�ED: /qui., DAY OF J. BRUCE AYCOCK, CITY ATTORNEY By Assis (City Attorne 19(1 : day of MAYOR THE CI 7f' OF CORPUS CHRISTI, TEXAS 16337 MOTION TO AMEND a' moved and P,,P 4,4,-/, seconded this motion to amend the Ordinance authorizing the City Manager to execute an industrial district agreement with Corpus Christi Refinery, Inc. for a term seven (7) years commencing January 1, 1981, passed on first read- ing by the City Council of the City of Corpus Christi on March -18, 1981, and ' on second reading on March 25, 1981, the following: 1. Amending Article XII of Exhibit 1 to add the -following as the last sentence to such Article: "For purpose of this Article, land owners deemed to be engaged in a similar industry_shall be those classified in Major Groups 28 (Chemical Allied Products) and 29 (Petroleum Refining and Related Industries)." PASSED: ume,74%, /9/ MOTION TO AMEND moved and .�y"�'- • seconded this motion to amnd the ordinance authorizing the City Manager to exe- cute an industrial district agreement with Corpus(Christi Refinery, 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 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," - "" 4. Amending the first paragraph of Article I of Exhibit 1 to hereafter read as follows: "City covenants and agrees that during the term of this Agreement; and subject to the terms and provisions hereof, said land shall retain its extraterritorial status as an industrial district and shall continue to retain such status until and unless the same is changed pursuant to the terms of this Agreement. Except as herein provided City further covenants and agrees that said land shall be immune from annexation. Whenever it may be necessary, in the opinion - of the City Council, to annex land not immune from annexa- tion by an effective industrial district agreement pursuant to Ordinance 15898, and in order to carry out such annexation - it -is -necessary, in the opinion of the City Council, to, annex a strip or corridor of land contained within Exhibit A, 'Company shall designate, within sixty (60) days after the City sends Company written request to provide such strip or corridor, a strip or corridor (hereinafter called "annexation corridor") in a width and length legally sufficient to accomplish a con- tractual annexation of the annexation corridor pursuant to Article I, Section 2 of the City Charter of Corpus Christi and to enable the City to annex the aforementioned land not immune from annexation.' Said annexation corridor shall thereafter be included within the corporate boundaries of the City of Corpus Christi, and shall become a part thereof, subject to the terms of Article I, Section 2 of the City Charter of Corpus Christi, as amended. In the event that Company fails or refuses to make such designation legally sufficient to accomplish such purpose, the City may, at its option, either (1) terminate this industrial district agreement and any guarantee of immunity from annexation shall thereafter be void, or (2) seek a mandatory injunction from any court of competent jurisdiction to compel Company to make such designation and perform such other acts as may be necessary for the City to annex said annexation corridor pursuant to this agreement and to Article I, Section 2 of the City Charter, or both." - -2- 5. Amending the first sentence of Article VI(c) of Exhibit 1 to hereafter read as follows: "In the event City breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the said land, except as provided in Article I of this Agreement, Company shall be entitled to enjoin City from the date of its breach for the balance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in vio- lation of this Agreement." 6. Amending Article III(f) of Exhibit 1 to hereafter read as follows: "(f) Minimum Payments. For any Company which qualifies as an industry under Ordinance No. 15898 and which has less than two million dollars (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 Mo. 1 and Corpus Christi Industrial Development Area No. 2; and" PASSED / f/ / 9 8 / - 4 -