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 -