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HomeMy WebLinkAbout16341 ORD - 06/24/1981AN ORDINANCE AMENDING ORDINANCE NO. 16150 TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH PPG INDUS- TRIES, INC. WHICH HAS BEEN SIGNED BY PPG BUT WHICH IS NOT IN THE FORM FINALLY APPROVED BY THE CITY COUNCIL IN ORDINANCE NO. 15898, AS AMENDED; A COPY OF THE SUBJECT AGREEMENT IS ATTACHED HERETO AS EXHIBIT "A"; AND DECLARING AN EMERGENCY. WHEREAS, PPG Industries, Inc. has signed a draft of theCityof Corpus Christi's standard form industrial district agreement which draft was subsequently amended by the City Council prior to its third and final reading on April 1 , 1981; and WHEREAS, it is the intention of the City Council to accept such industrial district agreement on an interim basis until PPG Industries, Inc. submits a signed industrial district agreement which is in conformance with the standard form industrial district agreement authorized by Ordinance No. 15898, as amended; and WHEREAS, it is the intention of the parties to shortly execute a standard form industrial district agreement in conformance with the one authorized in Ordinance No. 15898, as amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ?HE CITY OF CORPUS CHRISTI, TEXAS: Section 1: That Ordinance No. 16150 is hereby amended as follows: (a) Deleting from the third"Whereas" clause of. Exhibit 1 of Ordinance No. 16150 the words "and Ordinance No. 15949 designating land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No. 2" (b) Deleting from the second paragraph of Article I of Exhibit 1 of Ordinance No. 16150 the words ", and such other City services as are being provided to and paid for by Company on the date hereof" (c) Adding, in the second paragraph of Article III(a) of Exhibit 1 of Ordinance No. 16150, after the words "parent tract," the words "and which Company desires to add to said land," 16341 '�! (tea' �.IIEll SEP 2 71984 • (d) Adding, in the first sentence of Article IIIc) of Exhibit 1 of Ordinance No. 16150, after the words "January 1, 1974," the words "which increase production capacity, which may be required or proper for environmental or safety reasons, or which are made necessary because of a change in raw materials being processed," (e) Deleting from Article III (f)(ii) of Exhibit 1 of Ordinance No. 16150 the words ", 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" (f) Adding, in Article XII of Exhibit 1 of Ordinance No. 16150, after the words "industry of the same classification," the words "having the same or approximately the same expiration date," Section 2. That the City Manager is authorized to execute an indus- trial district agreement with PPG Industries, Inc. containing the above des- cribed changes. Section 3. .The necessity to make the aforesaid changes at the earliest practicable date creates an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be read at three several meetings of the City Council, but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor or Council members, having declared that such necessity exists, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the Miday of June, 1981. ATTEST: 146a92S14— Cis tares APPROVED: 23rd DAY OF JUNE, 1981: J. BRUC COCK, CITY ATTORNEY By ssistan rney MAYOR THE CI ' OF CORPUS CHRISTI, TEXAS INDUSTRIAL DISTRICT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES CITY OF CORPUS CHRISTI ) This Agreement made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation of Nueces County, Texas, hereinafter called "CITY", and PPG Industries, Inc., a Pennsylvania cor— poration, Landowner, hereinafter called "COMPANY", WITNESSET H: 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 environs and which will attract the location of new and expan— sion 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 improvements 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. 10 _--�-- ", 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 contem— plates) the construction or expansion of improvements; and .3 WHEREAS, pursuant to said policy and the provisions of Article 970a, Revised Civil Statutes of Texas, known as the Municipal Annexation Act, City has enacted Ordinance No. 15898 indicating its willingness, within 90 days after final passage of said ordinance, to enter into industrial district agreements with industries located within its extraterritorial jurisdiction and designating areas located in its extraterritorial jurisdiction as industrial districts, herein collectively called "Districts"; and WHEREAS, City desires to encourage the updating, expansion and growth of industrieswithinsaid•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: I City covenants and agrees that during the term of this Agreement, and subject to the terms and provisions hereof, said land shall retain its 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. 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. Further, City and Company agree that during the term hereof, City shall not require with respect to said land compliance with its rules or regulations (a) governing zoning and platting of said land or any additions thereto outside the City limits; provided, however, Company further agrees that it will in no way divide said land or additions thereto without comply- ing 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 Com- =pany'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 addi- tional period or -periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this Agreement shall remain in effect for the remainder of the term; provided, however, the effective date and time of such annexation shall be no earlier than midnight of December 31 of such final year of the term. This Agreement may be extended for an additional period or periods by agreement between City and Company and/or its assigns. in this connection, City recognizes that industrial district agreements of this kind are conducive to the development of existing and future industry and business and are to the best interest of 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 dis— trict agreements. III Each year during the term hereof, Company shall pay to City: (a) An.amount in lieu of taxes on said land (excluding improve— ments 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 cfty limits of City. - --With respect to any new land acquired by Company after January 1, 1981, located in the extraterritorial jurisdiction of City, and the use of which relates directly to the primary use of the parent tract-, and which Company desires to add to said land, such new land shall be included in Company's land known as said land, and shall be considered in calculating the in lieu of tax payment on said land as of January 1 of the first year following the date which such new land is acquired by Company. In addition, Company shall provide City a revised Exhibit "A" which includes a complete description of such new land. (b) An amount_in lieu of taxes on improvements (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 of its opinion of the market value sworn to by an official of Company authorized to do the same. (c) With respect to any new improvements or facilities, which are hereby defined as those being completed after January 1, 1974, which increase production capacity, which may be required or proper for envirun- -mental or safety reasons, or which are made necessary because of a change in raw materials being processed, Company shall pay to City five percent (5%) rather than the percentages of the amount of ad valorem taxes as cal- culated 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 provisions shall apply to construction of new improvements or facilities and to the expansion of existing improvements or facilities on said land. -New improvements or facilities not included within this para- graph (c) shall be deemed to be included within the provisions of para- graph (b) above. (d) An additional amount for City fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of assessed value of improvements located in said land notwithstanding the provisions of paragraph (b) above; provided, however, that if and as long as Company is a member in good standing of the Refinery Terminal Fire Company, or its suc- cessor, 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 calculation set forth in paragraphs (a) through (d) above, the Company may make a payment which is determined by considering using the method of cal— culation set forth in paragraphs (a) through (d) above, said land and all other lands contiguous to said land, or forming an integral part of Com— pany'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 tbe-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 descrip— tion of the lands contiguous to said land, or forming an integral part of Company's primary operation located on said land, owned by Company inside the city limits. With respect to any new land acquired by Company after January 1, 1981, located inside the city limits, which is contiguous to said land, or forms an integral part of Company's primary operation located on said land, such new land may be considered in the alternative method of calculating the in lieu of tax payment as stated above, as of January 1 of the first year following the date which such new land is acquired by Company. Com— pany shall provide City a new or revised Exhibit "B" which includes a complete description of such new land. — 6 — (f) Minimum Payments. For any Company which qualifies as an industry under Ordinance No. 15898 and which has less than two million market value of dollars ($2,000,000.00) in/improvements`subject to this agreement, such on said land Company, in lieu of the payments in items (a), (b), (c), (d), (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 valoremtaxeson 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 improvements 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. - 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 assessment 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 determina- tion of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization and appeal. V In the event Company elects to protest the valuation set on any of its properties by City for any year or years during the term hereof, it is agreed that nothing in this Agreement shall preclude such protest and Company shall have the right to take all legal steps desired by it to reduce the same as if such property were located within the City. Notwith- standing any such protest by Company, Company agrees to pay to City an initial in lieu of tax payment on or before the date therefor hereinabove provided, at least the amount of the payment -in lieu of taxes on said land and improvements which would be due by Company to City hereunder on the basis of renditions filed by Company with City's Tax Assessor -Collector for that year or on the basis of the- assessment thereof for the last preceding year, whichever is higher. When the valuation on said property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement_of the controversy, then within thirty (30) days thereafter Company shall make to City any additional payment due based on such final valuation. If as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of Com- pany's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for such year by Company, then within thirty (30) days thereafter City shall make to Company any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI (a) In the event Company fails or refuses to comply with all or any of the terms, conditions and obligations herein imposed upon the Company, then this Agreement may be terminated at the option of City and/or the City may elect to sue to recover any sum or sums remaining due hereunder or take any other action which in the sole discretion of the City it deems best. In the event the City elects to sue. to recover any sum due under this Agreement, the -same penalties, interest, attorney's fees, and cost of col- lection 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 taxes payments here- . under, which may be enforced by City in the same manner as prvided 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 bal- ance of the term of this Agreement, from enforcing any annexation ordinance adopted in violation of this Agreement and from taking any further action in violation of this Agreement. 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 I11(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, use, occupied, leased, rented or possessed by Company, is made by another municipality, or if the incorporation of any new municipality should be attepted 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 borneequallyby the parties hereto; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. In the event City and Company are unsuccessful in obtaining a temporary --injunction enjoining such attempted annexation or incorporation, Company shall have the option of (1) terminating this Agreement, effective as of the date of such annexation or incorporation, or (2) continuing to make the in lieu of taxes payments required hereunder. Such option shall be exercised within thirty (30) days after the application for such tem- porary 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 calendar year in which such annexation or incorporation is attempted, prorated to the date such tem- porary injunction or relief is denied, in a separate interest-bearing escrow account which shall be held by City subject to the following: - 10 - (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 invalidating 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 improvements -owned. by Company, that shall also include land and improve- ments -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 the Company is a member. X This Agreement shall -inure to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and shall remain in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of said land, and the agreements herein contained shall be • held to be covenants running•with said land for so long as this Agreement or any extension thereof remains in force. XI (a) Whenever the Company sells a contiguous portion of said land 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- termi— nates without extension-. The -seller shall remain solely responsible for any payments in lieu of taxes attributable to the -buyer's holdings on the property unless the buyer-has_entered into a supplemental industrial district contract with the City concerning such holdings. - 12 — (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, effec- tive for the calendar year next following the calendar year in which the - conveyance occurred. Seller shall remain solely responsible for any pay- ments in lieu of taxes for the calendar year in which the conveyance occurred. In the event the Company improperly plats, subdivides or conveys _a portion of the lands described -in -Exhibit "A" or Exhibit "B", Company shall remain -solely -responsible for any payments in lieu of taxes applic- able 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 Classifi- -cation-Manual' or enters into 'a renewal of any existing industrial district .agreement with -an industry of the same classification, having the same or --approximately the same expiration date, which contains in lieu of tax pay-. .ment terms and_provisions--more favorable to such landowner than those in . this, Agreement, Company and its assigns shall have the right to either ter- minate this Agreement or amend this Agreement to contain such more favorable in lieu of tax payment terms and provisions. 1/Standard Industrial Classification Manual. (Executive Office of the -President--Office of Management and Budget, Statistical Policy Division, 1972). 659 pp. - - 13 - XIII In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other parts of this Agreement or the application thereof to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason,' then the application, invalidity or unconstitutionality of such words, phrase, clause, sentence, paragraph,. section, -article or other part of the 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. Attests _=ENTERED into this '1.S day of February, 1981. Assistant .Secretary Attest:. City Secretary APPROVED: _ Day of , 1981: J. BRUCE AYCOCK, CITY ATTORNEY -PPG INDUSTRIES, INC. (.42t/ ' VICE PRceinrarr - CITY OF CORPUS CHRISTI ---- -By .By Assistant City Attorney - 14 - -R, Marvin Townsend, City Manager Corpus Christi, Texas day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, but that such ordinance or resolution shall be read at three meetings of the City Council; I/we, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. ,l9 7. ' Respectfully, Respectfully, Council Members The Charter rule was suspended Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky MAY The Ci y of Corpus Christi, Texas by the following vote: I The above ordinance was passed by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16341