Loading...
HomeMy WebLinkAbout16692 ORD - 11/11/1981jll/iO/8l ;lst AN ORDINANCE AMENDING ORDINANCE NO. 16354 WHICH AUTHORIZED AN INDUSTRIAL DISTRICT AGREEMENT WITH FRANK BAILEY GRAIN COMPANY. INC. TO SUBSTITUTE AN ALTERNATE AGREEMENT ATTACHED HERETO AS EXHIBIT "1" FOR THE ONE ORIGINALLY EXECUTED BY THE COMPANY; AND DECLARING AN EMERGENCY. WHEREAS, Ordinance No. 16601 amended Ordinance No. 15898 to authorize an alternate standard form industrial district agreement; and WHEREAS, Frank Bail Py Grain Company, Tnc previously entered into an industrial district agreement and now desires to execute an alternate standard form industrial district agreement in lieu thereof: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Ordinance No. 16354 which authorized an industrial district agreement with Frank Railry Grain rnmpany, Inc be and the same is hereby amended to sub- stitute an alternate agreement, attached hereto as Exhibit "1", for the one originally executed by the company. SECTION 2. That upon written request of the Mayor or five Council members,_copy attached, to find and declare an emergency due to the need for efficient administration of City affairs by authorizing substitution of an alternate industrial district agreement, as aforesaid, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall to reading as an emergency measure this the /1 day of 1981. ATTEST: APPRO ED: n^ DAY OF Madam �i�r/ , 1981 J. BRUCE AYCOCK, CITY ATTORNEY AssiSf64t iClity Attorney MAYOR THE TY OF CORPUS CHRISTI, TEXAS 16692 effect upon first SEP 2 81984 MICROFILMED 41 INDUSTRIAL DISTRICT AGREEMENT THE STATE OF TEXAS j COUNTY OF NUECES 1 CITY Of CORPUS CHRISTI j This Agreement made and entered into by and between the CITY OF CORPUS CHRISTI, TEXAS, a municipal corporation of Nueces County, Texas, hereinafter FRANK BAILEY, JR., FRANK A. BAILEY, III AND called "City",and KING RANCH, INC. (Landowner) aY (Co-owners) corporation, NUECES GRAIN CORP a TEXAS (Lessee) FRANK BAILEY, JR., FRANK A. BAILEY, III AND corporation, and KING RANCH, INC. (Improvements Owner) K (Co -ownership) 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. ) 6 _A- ". 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 • E%I;dr♦- i 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: I" 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 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 i 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 tern: 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 providod h" -2- M • 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 Compeny_after January 1, 1981, located in the extraterritorial jurisdiction of City, and the use of which relates directly to the primary use of the parent tract, such new land shall be included in Company's land known as said land, and shall be considered in calculating the in lieu of tax payment on said land as of January 1 of the first year following the date which such new land is acquired by Company. In addition, Company shall provide City a revised Exhibit "A" which includes a complete description of such new land.. (b) An amount in lieu of taxes on improvements (excluding personal property) located on said land equal to fifty percent (50%) of the amount of ad valorem taxes which would otherwise be payable to City by Company if said improvements were situated on land within the city limits of City. On or before March 31 of each year during the term of this Agree- ment, Company shall provide to City's Tax Assessor -Collector a written statement -3- of its opinion of the market value sworn to by an official of Company authorized to do the same. (c) An additional amount for City fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of assessed value of improvements located in said land notwithstanding the provisions of paragraph (b) above; provided, however, that if and as long as Company is a member in good standing of the Refinery Terminal Fire Company, or its successor, it shall not be obligated to pay the additional amount provided by this paragraph (c). 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 jurisdication 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 74- fie competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of Company's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for such year by Company, then within thirty (30) days thereafter City shall make to Company any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI (a) In the event Company fails or refuses to comply with all or any of the terms, conditions and obligations herein imposed upon the Company, then this Agreement may be terminated at the option of City and/or the City may elect to sue to recover any sum or sums remaining due hereunder or take any other action which in the sole discretion of the City it deems best. In the event the City elects to sue to recover any sum due under this Agreement, the same penalties, interest, attorney's fees, and cost of collection shall be recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. (b) City shall be entitled to a tax lien on said land and improve- ments, in the event of default in payment of in lieu of tax payments hereunder, which may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. (c) In the event City breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the said land, Company shall be entitled to enjoin City from the date of its breach for the balance of the term of this Agree- ment, from enforcing any annexation ordinance adopted in violation of this Agree- ment and from taking any further action in violation of this Agreement. If Company elects to pursue this remedy, then so long as City specifically performs its obligations hereunder, under injunctive order or otherwise, Company shall continue to make the annual payments required by this Agreement. VII Company agrees to provide to City at Company's expense, a survey plat and field note description of said land. With respect to Company's acquisition of new land, as described in Article III(a) above, which becomes included in said land, Company agrees to provide to City at Company's expense, a survey plat and field note description of such new land. VIII If any attempt to annex any of said land owned, used, occupied, leased, rented or possessed by Company, is made by another municipality, or if the 75- • incorporation 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 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 Agreepent, 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 At 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 running with said land for so long as this Agreement or any extension thereof remain in force. XI (a) Whenever the Company sells a contiguous portion of said land consisting of 20 acres or more to an ancillary industry which will be engaged on the property in the further processing of the product of the Company or the preparation of raw materials prior to their processing by the Company, then platting of such property may be deferred under the following conditions: (i) The seller shall submit for approval by the City Council a site plan indicating the proposed water, sewer, drainage, access, and street plans for said land. (ii) Both the buyer and the seller shall enter into an agreement with the City requiring the platting of said land in the event the buyer's use of the property materially changes from the permitted uses described above, or if the Company's industrial district agreement terminates without extension. The seller shall remain solely responsible for any payments in lieu of taxes attributable to the buyer's holdings on the property unless the buyer has entered into a supplemental industrial district contract with the City concerning such holdings. (b) Whenever the Company properly plats, subdivides and conveys to a buyer other than an affiliate a portion of the lands described in Exhibit "A". Company shall furnish to the City's Tax Assessor -Collector a revised Exhibit "A", which revised exhibit 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 calendar year in which the ..onveyance occurred. In the event the iC Company improperly plats, subdivides or conveys a portion of the lands described in Exhibit "A", Company shall remain solely responsible for any payments in lieu of tdxes applicable to such property, including improvements thereon, as if no such conveyance had occurred. - XII If City enters into an agreement with any other landowner, within the extraterritorial jurisdiction of the City, engaged in a similar industry, as classified by Major Group according to the Standard Industrial Classification Manual(1) or enters into a renewal of any existing industrial district agreement with an industry of the sante classification, which contains in lieu of tax pay- ment terms and provisions more favorable to such lando:•mer than those in this Agreement, Company and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain such more favorable in lieu of tax payment terms and provisions. - XIII In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other part 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 2 i day of QC_7®67'1,1 ATTEST: , 19g1 an. & mprovements wn an & mprovements O'ner KING RANCH, INC. (Company) (Land & Improvements Owner) By to NUECES GRAIN CORP (Company) (Lessee) City Secretary APPROVED: DAY OF , 19 J. BRUCE AYCOCK, CITY ATTORNEY CITY OF CORPUS CIIRISTI By Ernest M. Briones, Acting City Manager By Assistant City Attorney (1) Standard Industrial Classification Manual. (Executive Office of the President Office of Management and Budget, Statistical Policy Division, 1972). 659 pp. OWNED BY: KING RANCH, INC. FRANK BAILEY,`JR. FRANK A._BAILEY, III LEASED TO: NUECES GRAIN CORP. 6ctBIr iI 66.67% 16.67% 16.67% r krjti638 ;114C[ 2293 EXHIBIT A BEING a portion of Section 8, Range VI and Section 8, Range VII, of the H. L. Kinney Sectionized Lands of the Villarreal Grant, Abstract No. 1 for Nueces County, Texas, and being more particularly described by metes and bounds as follows, to -wit: BEGINNING at a 1/2" iron rod set in concrete, the SE corner of the J.M. Dellinger, Inc. tract of land described in the Correction Deed dated April 28, 1959, executed by Atlee McCampbell and W. B. McCampbell as First Party and J. M. Dellinger, Inc., as Second Party, for the NE corner of this tract; - THENCE in a Southerly direction along with a curve to the left with a radius of 2894.93' and along the West right-of- way line of County Road No. 43, also known as Corn Products Road, a distance of 99.51' to an iron rod; THENCE continuing along the West right-of-way line of County Road No. 43, S 0°07'30" E a distance of 146.52' to a 5/8" iron rod, the SE corner of this tract; THENCE S 81°37'30" W a distance of 804.24' to a 5/8" iron rod, the SW corner of this tract; - THENCE North a distance of 363.18' to a 1/2" iron rod set in concrete, the NW corner of this tract, said corner also being the SW corner of said J. M. Dellinger, Inc. tract above referred to; - THENCE East along the South line of said J. M. Dellinger, Inc. tract a distance of 796.83' to the Place of Beginning, containing 5.569 acres, more or less. v ., rc 1e a.'t_• t mstrumenl was FILED on the data .,n,: -a .1- t• : , nc-A le:enn by me: and was duly RECJ:.OL:' :n the yni4 •c .and Page of he named RECORDSby me. l Nuece- Cu•u.i,. Teas. as samurai barium !•'.AY 5 1980 ./464r1),. 2� '.I .4"/ COUNTY CLERK. NUECES COUNTY. TESSA rsu FOS ���•�^,1 5 l3 to '?" DEEO RECORDS ao:1738i-Af;F 835 te 'J A: INDUSTRIAL DISTRICT AGREEMENT THE STATE OF TEXAS 1 COUNTY OF NUECES I CITY OF CORPUS CHRISTI 1 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 CORPUS CHRISTI GRAIN CO, (Landowner) a TEXAS corporation, NONE (Lessee) - ,a corporation, and CORPUS CHRISTI GRAIN CO. (Improvements Owner) a TEXAS 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 by the City, be J_ known as "Corpus Christi Industrial District No. — 4/ and which land is more particularly described in Exhibit "A" attached hereto, and incorporated herein for all purposes, herein called "said land" and upon which Company has either constructed (and/or contemplates) the construction or expansion of improvements; and WHEREAS, pursuant to said policy and 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: 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 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 providoil h` -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 Compeny.after January 1, 1981, located in the extraterritorial jurisdiction of City, and the use of which relates directly to the primary use of the parent tract, such new land shall be included in Company's land known as said land, and shall be considered in calculating the in lieu of tax payment on said land as of January 1 of the first year following the date which such new land is acquired by Company. In addition, Company shall provide City a revised Exhibit "A" which includes a complete description of such new land. - (b) An amount in lieu of taxes on improvements (excluding personal property) located on said land equal to fifty percent (50%) of the amount of ad valorem taxes which would otherwise be payable to City by Company if said improvements were situated on land within the city limits of City. On or before !larch 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) An additional amount for City fire protection equal to fifteen percent (15%) of the amount which would be payable on 100% of assessed value of improvements located in said land notwithstanding the provisions of paragraph (b) above; provided, however, that if and as long as Company is a member in good standing of the Refinery Terminal Fire Company, or its successor, it shall not be obligated to pay the additional amount provided by this paragraph (c). 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 ratiofof 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 jurisdication 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 (3D) days thereafter City shall make to Company any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI (a) In the event Company fails or refuses to comply with all or any of the terms, conditions and obligations herein imposed upon the Company, then this Agreement may be terminated at the option of City and/or the City may elect to sue to recover any sum or sums remaining due hereunder or take any other action which in the sole discretion of the City it deems best. In the event the City elects to sue to recover any sum due under this Agreement, the same penalties, interest, attorney's fees, and cost of collection shall be recoverable by the City -as would be in a suit to recover delinquent ad valorem taxes. (b) City shall be entitled to a tax lien on said land and improve- ments, in the event of default in payment of in lieu of tax payments hereunder, which may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. (c) In the event City breaches this Agreement by annexing or attempting to pass an ordinance annexing any of the said land, Company shall be entitled to enjoin City from the date of its breach for the balance of the term of this Agree- ment, from enforcing any annexation ordinance adopted in violation of•this Agree- ment and from taking any further action in violation of this Agreement. If Company elects to pursue this remedy, then so long as City specifically performs its obligations hereunder, -under injunctive order or otherwise, Company shall continue to make the annual payments required by this Agreement. VII Company agrees to provide to City at Company's expense, a survey plat and field note description of said land. With respect to Company's acquisition of new land, as described in Article III(a) above, which becomes included in said land, Company agrees to provide to City at Company's expense, a survey plat and field note description of such new land. VIII If any attempt to annex any of said land owned. used, occupied, leased, rented or possessed by Company, is made by another municipality, or if the 5; tC incorporation 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 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 a,ithin 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 (507) 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 Jnternal 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 running with said land for so long as this Agreement or any extension thereof remain in force. XI (a) Whenever the Company sells a contiguous portion of said land consisting of 20 acres or more to an ancillary industry which will be engaged on the property in the further processing of the product of the Company or the preparation of raw materials prior to their processing by the Company, then platting of such property may be deferred under the following conditions: (i) The seller shall submit for approval by the City Council a site plan indicating the proposed water, sewer, drainage, access, and street plans for said land. (ii) Both the buyer and the seller shall enter into an agreement with the City requiring the platting of said land in the event the buyer's use of the property materially changes from the permitted uses described above, or if the Company's industrial district agreement terminates without extension. The seller shall remain solely responsible for any payments in lieu of taxes attributable to the buyer's holdings on the property unless the buyer has entered into a supplemental industrial district contract with the City concerning such holdings. (b) Whenever the Company properly plats, subdivides and conveys to a buyer other than an affiliate a portion of the lands described in Exhibit A. Company shall furnish to the City's Tax Assessor -Collector a revised Exhibit "A", which revised exhibit 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 far any payments in lieu of taxes for the calendar year in which the ,onveyance occurred. In the event the ,r Conrp::rry improperly plats, subdivides or conveys a portion of the lands described in inhibit "A", Company shall remain solely responsible for dny payments in lieu of taxes applicable to such property, including improvehrents thereon, as if no such conveyance had occurred. XII If City enters into an agreement with any other landowner, within the extraterritorial jurisdiction of the City, engaged in a similar industry, as classified by Major Group according to the Standard Industrial Classification Manual(1) or enters into a renewal of any existing industrial district agreement with an industry of the same classification, which contains in lieu of tax pay- ment terms and provisions more favorable to such landowner than those in this Agreement, Company and its assigns shall have the right to either terminate this Agreement, or amend this Agreement to contain such more favorable in lieu of tax payment terms and provisions. _ XIII In the event any one or more words, phrases, clauses, sentences, paragraphs, sections, articles or other part 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.- 711 day of aClO , 19;r72/- ATTEST: CORPUS CHRISTI GRAIN CO. (Company) (Landowner) erretdry 1 ATTEST: SecretaCy NONE Conran Lessee By ATTEST: ATTESF: City Secretary APPROVED: DAY OF J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney By IL9. CHRISTI GF:AIN C(#Com"pany) Improvements Owner) PRESIDENT CITY OF CORPUS CHRISTI By Ernest M. Briones, Acting City Manager , 19 (1) Standard Industrial Classification Manual. (Executive Office of the President - Office of Management and Budget, Statistical Policy Division, 1972). 659 pp. OWNED BY: CORPUS CHRISTI GRAIN CO. 6601 UPRIVER ROAD FAH//r "liu ,rE STATE OF TEXAS COUNTY OF NUECES 81.3616 KNOW ALL MEN BY THESE PRESENTS: t 11.39 1,200 That I, ALICE DUNN, of the County of Nueces, State of Texas, for and in consideration of the sum of Twenty -Five Thousand Dollars ($25,000.00) to me in hand paid by CORPUS CHRISTI GRAIN COMPANY, the receipt of which is hereby acknowledged and confessed, have GRANTED, SOLD, and CONVEYED, and by these presents do GRANT, SELL, and CONVEY unto the said CORPUS OWIaiI GRAIN COMPANY, o Texas Corporation, the surface only of the following described property and for the same consideration, I, ALICE DUNN, do by these presents BARGAIN, SELL,RELEASE, and forever QUITCLAIM unto the said CORPUS CHRISTI GRAIN COMPANY, the subsurface and all mines of, and all oil, gas, and all minerals, on and under the said land and premises herein described and conveyed which I may own, if any, in or under said property, described as follows: A tract of land embracing 5.00 acres, out of the Alice Dunn 59.47 acre tract out of the John Dunn Hoar Tract in the Charles and William Ohler Survey, and being a part of the Rincon del Oso Grant to Enrique Villareal, Abstract No. 1, In Nueces County, Texas, about six miles west from the County Seat, said 5.00 acre tract being described by Hetes and bounds as follows: BEGINNING at a 1 -inch iron pipe, flush with the ground, in the South margin of Up River Road, from which point the Northwest corner of the Alice Dunn 59.47 acre tract bears North 77° 57' 30" West 971.27 feet, said pipe being also the Northeast corner of a 3.00 acre tract leased by Alice Oum to Grady C. Clark, Jr., et al, for the Northwest corner of this survey; THENCE South 770 57' 30" East along the South margin of Up River Road and the North boundary of the Alice Dunn 59.47 acre tract, 232.46 feet to a point, for the Northeast corner of this survey; THENCE South 1° 26' East 1,039.89 feet too point in the Southwest boundary of the Alice Dunn 59.47 acre tract and the Northeast boiundary of the W. W. Walton 432 acre tract, for the Southeast comer of this survey; THENCE North 54° 44' 50" West along the Southwest boundary of the Alice Dunn 59.47 acre tract and the Northeast boundary of the Walton 432 acre tract, 281.94 feet toa point, from which the Southwest corner of the Alice Dunn 59.47 acre tract bears North 54° 44' 50" West, 1,177.90 feet, said point being also the South- east corner of said 3.00 acre tract leased by Alice Dunn to Grady C. Clark, Jr., et al, for the Southwest comer of this survey; THENCE North 1° 26' West, along the east boundary of said 3.00 Clark leased tract, at 19.32 feet past o 1 -inch iron pipe marking the northeast boundary of Missouri Pacific Railroad right of way easement, a total distance of 925.63 feet to the place of beginning; SAVE AND EXCEPTa strip of land 15.5 feet wide, measured at right angles to the property line, off the Southwest side of this survey, reserved for Missouri - Pacific Railroad right of way; Leaving a net area of 5.00 acres herein contained. TO HAVE AND TO HOLD the above described promises, tcgether with all and singular the rights and appurtenances thereto in anywise belonging, unto the sold CORPUS CHRISTI GRAIN COMPANY, its DEED RECORDS 4 firs° 4 nn'7 • u ;; 23Ei !NAGE 1364 THE STATE OF TEXAS ) ( COUNTY OF NUECES ) 881934 KNOW ALL MEN BY THESE PRESENTS: That I, ALICE DUNN, a feme sole, of the County of Nueces, State of Texas, for and in consideration of the sum of Ten ($10.00) Dollars, and other valuable consideration cash, to me in hand paid by the grantee herein named, the receipt of which is hereby acknowledged, have GRANTED, SOLD and CONVEYED, and by these presents do GRANT, SELL and CONVEY unto CORPUS CHRISTI GRAIN COMPANY, a Texas corporation, of the County of Nueces, State of Texas, the surface estate only of all of the following described real property in Nueces County, Texas, to -wit: 3.65 acres of land, more or less, out of the Alice Dunn 59.47 acre tract about six miles west from the county seat of Nueces County, Texas, said 3.65 acres, more or less, being a strip of land 150' in width lying adjacent to and running parallel with the east boundary of a 5.00 acre tract leased by Alice Dunn, Lessor to Frank Bailey, Jr., Trustee, Lessee, on April 26, 1961, which said lease was later assigned to Corpus Christi Grain Co., a Texas Corporation, said 150' strip of land being the same strip of land, being more completely described by metes and bounds as fol lows: BEGINNING at a point in the South margin of Up River Road, the Northeast corner of said 5.00 Corpus Christi Grain Co. leased tract, from which point the Northwest corner of the Alice Dunn 59.47 acre tract bears North 77° 57' 30" West 1,203.73' for the North- west comer and beginning of this survey; THENCE South 77° 57' 30" East along the South margin of Up River Road and the North boundary of the Alice Dunn 59.47 acre tract, 154.25' to a point, for the Northeast comer of this tract; THENCE South 1° 26' East 1,115.7' to a point in the Southwest boundary of the Alice Dunn 59.47 acre tract and the Northeast boundary of the W. W. Walton 432 acre tract, for the Southeast comer of this tract; THENCE North 54° 44' 50" West along the Southwest boundary of the Alice Dunn 59.47 acre tract and the Northeast boundary of the W. W. Walton 432 acre tract, 187.06' to a point, from which the Southwest comer of the Alice Dunn 59.47 acre tract bearings North 54 degrees 44' 50" West 1,459.84, said point being also the Southeast corner of above 5.00 acre Corpus Christi Grain Co. leased tract, for the Southwest corner of this tract; THENCE North 1° 26' West along the East boundary of above 5.00 acre Corpus Christi Grain Co. leased tract, 1,039.89' to the place of beginning; SAVE AND EXCEPT a strip of land 15.5 feet wide, measured at right angle, to the property line, off the Southwest side of this survey, reserved for Missouri -Pacific Railroad Right of Way; DEED RECORDS voL14:3 (1 I Yo Corpus Christ" exas J� day of TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas 1981 For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed by the fol wing vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 16692