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