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HomeMy WebLinkAbout18023 ORD - 01/11/1984TEXAS: AN ORDINANCE AMENDING ORDINANCE NO. 15898, AS AMENDED BY ORDINANCE NOS. 15941, 16129, 16167 AND 16601, DIFFERENTIATING BETWEEN INDUSTRIAL DISTRICTS CREATED IN THE GULF OF MEXICO AND OTHER INDUSTRIAL DISTRICTS IN THE CITY'S EXTRATERRITORIAL JURISDICTION, DEFINING THE TERM "IMPROVEMENTS", REMOVING THE 20 -ACRE ANCILLARY INDUSTRY REQUIREMENTS FOR SUBDIVISION PLAT DEFERRAL. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, SECTION 1. That an eighth "WHEREAS" clause be added to Ordinance No. 15898, as amended by Ordinance Nos. 15941, 16129, 16167,,and 16601 to read as follows: ~' "WHEREAS, pursuant to Section 11.0131 of the Texas Natural Resources Code, the City Council has the right, power, and authority to designate areas located in the City's extraterritorial jurisdiction and within the Gulf of Mexico as an industrial district or districts, as that term is customarily used, and to treat such area from time to time as such governing body may deem to be in the best interest of the City;" SECTION 2. That a ninth "WHEREAS" clause be added to Ordinance No. 15898, as amended, to read as follows: "WHEREAS", industrial districts created pursuant to Section 11.0131 of the Texas Natural Resources Code may be created by the City Council with or without the existence of any agreement between the City and the owner of property within the industrial district;" SECTION 3. That Section 2 of Ordinance No. 15898, as amended, be amended to read as follows: 1 "Except for industrial districts in the Gulf of Mexico created pursuant to Section 11.0131 of the Texas Natural Resources Code, the term "industry" for the purpose of this ordinance is defined to mean any person, firm or corporation owning a parent tract of land within the extraterritorial jurisdiction of the City of Corpus Christi, and within either Corpus Christi Industrial Development Area No. 1 or No. 2, as described in Ordinance No. 15949, as amended, and which SEP 2 81984 MICROFILMED 19O23 is engaged primarily in manufacturing or assembling of goods or processing of raw materials unserviceable in their natural state, which are extracted, processed, or made fit for use or substantially altered or treated so as to create commercial products or materials and/or which: (a) is engaged in a heavy industrial purpose, such as manufacturing plant; chemical or petrochemical plant; refinery, oil or other product storage terminal that if situated within the City of Corpus Christi would be allowed only in I-3 zoning; (b) generates substantial tonnage through the Port of Corpus Christi; (c) creates a substantial number of jobs for the citizens of Corpus Christi; (d) is engaged in the business of constructing or maintaining the facilities of the industries described in (a), (b), and (c) above; (e) engages in the generation, transmission or distribution of electricity to the facilities of the industries described in (a), (b), and (c) above; (f) is engaged in the repair or storage of products, equipment, raw materials or supplies that are used by or shipped by the industries described in (a), (b), (c), (d) and (e) above; or (g) has been dedicated by the owner and approved by the City as an "Industrial Park" upon which there are improvements being used by one or more persons, firms or corporations meeting the definition of "industry" as defined in this Section 2. For purposes of determining whether one industrial district agreement contains in lieu of tax payment terms and provisions more or less favorable than another industrial district agreement for similar industries, industry classification shall be according to Major Group list?0) in the Standard Industrial Classification Manual. The term 'owning' as used in this Section 2 shall include the leasing of such property." SECTION 4. That Sections 5, 6, 7, and 8 of Ordinance No. 15898, as amended, be renumbered as Sections 6, 7, 8, and 9, respectively. SECTION 5. That a new Section 5 to Ordinance No. 15898, as amended, be added to read as follows: "Industrial districts may be created in the Gulf of Mexico pursuant to Section 11.0131 of the Texas Natural Resources Code either upon to passage of an ordinance unilaterally establishing such districts or upon execution of an industrial district agreement in a form prescribed by the City Council." (1)Standard Industrial Classification Manual. (Executive Office of the President -Office of Management and Budget, Statistical Policy Division, 1972). 649 pp.s SECTION 6. That the third paragraph of Article I of Exhibits 1 and 2 of Ordinance No. 15898, as amended, be amended to read as follows: "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 complying with State law and City ordinances governing subdivision of land, including the provisions of Article XI of this Agreement; (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." SECTION 7. That the first paragraph of Article II of Exhibits 1 and 2 of Ordinance No. 15898, as amended, be amended to read as follows: "The term of this Agreement shall be seven (7) years beginning on the first day of January 19 , and continuing until December 31, 19 , unless extended for additional period or periods of time upon mutual consent of Company and City as provided by the Municipal Annexation Act; provided, however, that in the event this Agreement is not so extended for an additional period or periods of time on or before March 31 of the final calendar year of the term hereof, then the immunity from annexation granted herein shall terminate on that date, but all other terms of this 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." SECTION 8. That a second sentence shall be added to the first paragraph of Article III(b) of Exhibits 1 and 2 of Ordinance No. 15898, as amended, to read as follows: "'Improvements' shall be as defined in Section 1.04(3) of the Texas Tax Code, and shall also include petroleum and/or chemical refining, processing, extraction or storage facilities, structures, or equipment erected on or affixed to the land, regardless of the land ownership, and pipelines on, under, or across the land which are owned by the Company." SECTION 9. That the term "Tax Assessor -Collector" be deleted from the second paragraph of Article III(b) of Exhibits 1 and 2 of Ordinance No. 15898, as amended, and the term "Tax Collector" be substituted therefor. SECTION 10. That the term "Tax Assessor -Collector" be deleted from Articles V and XI(b) of Exhibits 1 and 2 of Ordinance No. 15898, as amended, and the term "Tax Collector" be substituted therefor. SECTION 11.E That Article XI(a) of Exhibits 1 and 2 of Ordinance No. 15898, as amended, be amended to read as follows: "Whenever the Company sells a contiguous portion of said land to another industry as defined in Ordinance No. 15898, as amended, then platting of such property may be deferred under the following conditions: (1) 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; and (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." SECTION 12. That Article XII of Exhibits 1 and 2 of Ordinance No. 15898, as amended, be amended to read as follows: "Except for industrial districts in the Gulf of Mexico created pursuant to Section 11.0131 of the Texas Natural Resources Code, 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 accord)yg to the Standard Industrial Classification Manual or enters into a renewal of any existing in ustrial district agreement with an industry of the same classification which contains in lieu of tax (1)Standard Industrial Classification Manual. (Executive Office of the President, Office of Management and Budget, Statistical Policy Division, 1972). 659 pp. 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." SECTION 13. That new Article XIV be added to Exhibits 1 and 2 of Ordinance No. 15898, as amended, to read as follows: "Upon the commencement of the term of this Agreement, all other previously existing industrial district agreements with respect to said land shall terminate." gnat the foregoing ordinance second reading on this the following vote: Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero was read for th first time and p ssed to its day of pe,,,/99 , 193 , by the Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik That the foregoing ordinance read for th second time and p s ed to its third reading on this the q7 of /t;�� , 19 , by the following vote: / Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero That the fore ng ordinanc w.s read for the th rd time and passed finally on this the day of �, ` , 19 , by the following vote: Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat Slavik Luther Jones Betty N. Turner David Berlanga, Sr. Leo Guerrero Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Joe McComb Frank Mendez Mary Pat S1S�k PASSED AND APPROVED, this the day of ATTEST: City ecretary / t MAYO APPROVED: y� 1151'DAY OF j1<zi,,%. , 1983 : J. BRUCE YCOCK, CITY ATTORNEY By t '11. Assist �' Att.y -4 City , 19 95/. THE CITY OF CORPUS CHRISTI, TEXAS 18023