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Home My WebLink About20084 ORD - 11/24/1987AN ORDINANCE CREATING AN INDUSTRIAL DISTRICT IN THE GULF OF MEXICO PURSUANT TO SECTION 11.0131 OF THE TEXAS NATURAL RESOURCES CODE AND ORDINANCE NO. 15898, AS AMENDED, WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. WHEREAS, it is the policy of the City Council to adopt reasonable measures as are permitted by law and which will tend to enhance the economic stability and growth of the City and its environs by attracting the location of new, and the expansion of old industries; and 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 areas from time to time as such governing body may deem to be in the best interest of the City; and 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 owner of property within the Industrial District; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The following area in the City of Corpus Christi's extraterritorial jurisdiction is hereby designated as Corpus Christi Gulf Industrial District No. 1; Corpus Christi Gulf Industrial District No. 1. Describing 24,512 acres, more or less, of area in the Gulf of Mexico described by metes and bounds as follows: Commencing at a point on the present Corpus Christi City Limit Line, such point being the intersection of the 1.37 foot line above mean sea level of the Gulf of Mexico side of Padre Island and the northern boundary line of the Padre Island National Seashore Park where it extends to the Gulf waters, for a corner; THENCE in a northeasterly direction along a straight line, in accordance with Texas State Natural Resources Code, Section 11.0131 (and hereinafter referred to as the "base line" for purposes of this metes and bounds description only), to another point on the present Corpus Christi City Limit Line, such point being the intersection of the 1.37 foot line above mean sea level of the Gulf of Mexico side of Mustang Island and the Gulfward extension of the southwest boundary line of the 159 acre tract annexed by the City of Port Aransas on March 11, 1981 (Ord. No. 16100), for a corner; 2O4BCO18.ORD 20084 THENCE in a southwesterly direction, along a straight line extended Gulfward perpendicular and at right angles to said "base line," (in accordance with said Texas State Natural Resources Code, Section 11.0131), a distance of 3.45 miles, to a point, for the POINT OF BEGINNING. THENCE continuing in an easterly direction along the said straight line extended Gulfward, perpendicular and at right angles to the said "base line", a distance of 1.55 miles, to a point, for the northeast corner of this tract. THENCE in a southwesterly direction along a straight line (in accordance with said Texas State Natural Resources Code, Section 11.0131) that is both 5.0 miles from and parallel to said "base line," to a point that is both easterly of and at right angles to the point of commencement for the southeast corner of this tract. THENCE in a northwesterly direction along a straight line that is perpendicular and at right angles to said "base line" (in accordance with said Texas State Natural Resources Code, Section 11.0131), a distance of 1.55 miles to a point for the southwest corner of this tract. THENCE in a northeasterly direction along a straight line that is both south parallel to and 3.45 miles from the aforementioned "base line," to the point of beginning. Section 2. In consideration of the relinquishment of the City of Corpus Christi of its authority to regulate oil and gas exploration, production, transportation operations and to annex within the aforesaid industrial district, in accordance with Section 11.0131 of the Texas Natural Resources Code, the owners or lessees of property in such industrial district shall be required to pay to the City of Corpus Christi an amount in lieu of taxes equal to 35 percent of the amount of ad valorem taxes which would otherwise be payable to the City by the owner or lessee were such property situated within the City limits of the City. Said payments shall be made to the City by the owner or lessee of such property. Said owner or lessee shall be any person, firm, company, or other entity which leases or owns mineral interests, drilling platforms and structures, wells, pipelines and storage tanks in the Gulf of Mexico located within the industrial district which result in a working interest or royalty interest which is taxable for ad valorem tax purposes. SECTION 3. This ordinance shall be effective for a term of seven (7) years after the effective date of this ordinance, renewable or extendable by further action of the City Council. On or before March 31 of each year during the term of this ordinance, the owner of lessee shall provide to City's tax collector a written and sworn statement of its opinion of the market value. 204BC018.ORD SECTION 4. The owners or lessees of property within the aforesaid industrial district shall pay to the 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 the City is one hundred percent (100%) of the fair market value of property. Any change in such ratio used by the City shall be reflected in any subsequent computations hereunder. 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 determination of market value and taxation including, but not limited to, laws relating to rendition, assessment, equalization and appeal. SECTION 5. In the event the owner or lessee of property elects to protest the valuation set on any of their properties by the City for any year or years during the term hereof, nothing in this ordinance shall preclude such protest and the owner or lessee shall have the right to take all legal steps desired by them to reduce the same as if such property were located within the City. Notwithstanding any such protest, the owner or lessee shall pay to the City an initial in lieu of tax payment on or before the date therefore hereinabove provided, at least the amount of payment in lieu of taxes on said property which would be due by the owner or lessee to the City hereunder on the basis of rendition filed by the owner or lessee with the City's tax collector for that year or on the basis of the assessment thereof for the last preceding year, whichever is higher. When the valuation of 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 the owner or lessee shall make to the City any additional payment due based on such final evaluation. If as a result of final judgment of a court of competent jurisdiction, or as a result of other final settlement of the controversy, the valuation of the owner or lessee'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 the owner or lessee, then within thirty (30) days thereafter, the City shall make to the owner or lessee any payment due based on the difference between the initial payment and that which is computed based on the final settlement. SECTION 6. In the event the owner or lessee fails or refuses to comply with all or any of the terms, conditions and obligations herein imposed upon them, then 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 ordinance, the same penalties, interest, attorneys' fees, and cost of collection shall be recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. The City shall be entitled to a tax lien on said property and, in the event of default in payment of in lieu of taxes payments hereunder, which may be enforced by the City in the same manner as provided by law for the collection of delinquent ad valorem taxes. SECTION 7. This ordinance shall be binding upon the City and the owner or lessee of property within the industrial district, and upon their successors and assigns, affiliates and subsidiaries, and shall remain in force. 204BC018.ORD whether the owner or lessee sells, assigns, or any other manner disposes of, either voluntary or by operations of law, all or any part of said property. SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 9. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. 204BC018.ORD That the foregoing ordinance was read for the first tie and passed to its /6second reading on this the �day of ql(/�tQ� 1 Q�� , 1987 , by the following vote: Betty N. Turner David Berlanga, Sr. Leo Guerrero Frank Mendez That the foregoing ordinance was third reading on this the /7 day of /'JOLLL)tP L&J , 19P7 , by the following vote: Betty N. Turner % w Clif Moss David Berlanga, Sr. (2414-} Bill Pruet Leo Guerrero 1/14" Mary Rhodes Frank Mendez Mary Pat Slavik Linda Strong Clif Moss Bill Pruet Mary Rhodes Mary Pat Slavik Linda Strong read for the second time and passed to its af-i Cadeitt That the fo egoing ordi nce was read for the third time and passed finally on this the day of , 19 , by the following vote: Betty N. Turner 'y W David Berlanga, Sr. Bill Pruet Leo Guerrero Frank Mendez Clif Moss PASSED AND APPROVED, this the ATT T: City ecretary APPROVED: 2b DAY OF �F3st & t�t �, 19a7: HAL GEORGE, CITY ATTORNEY By Assistant C.440 torney 99.044.01 Mary Rhodes Mary Pat Slavik Linda Strong day of THE CITY OF CORPUS CHRISTI, TEXAS 20084 PUBLISHER'S AFFIDAVIT State of Texas, l City of C C County of Nueces l ss: Ad # 36820 $efore me, the undersigned, a Notary Public, this day personally came Deanne D. Palmer, who being first duly sworn, according to law, says that she is a Senior Accounting Clerk of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Refugio, San Patricio, and Victoria Counties, and that the publication of "NOTICE OF PASSAGE OF ORDINANCE NO. 20084 CREATING" of which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 30 day of November 1987 , and each day there- after for one consecutive day(s) One Times $ 31.05 Senior Accounting Clerk Subscribed and sworn toefore me this 2nd day of December, 1987 c Notary Pubic, Nueces County, Texas My commission expires on 6.30.89 NOTICE OF PASSAGE OF I - -_ — met ORDINANCE NO: 20084 c)� CREATING AN INDUSTRIAL 1, DISTRICT IN THE GULF OF MEXICO PURSUANT TO t\�A Ai to SECTION 11.0131 OF . }... r N THE TEXAS NATURAL RE-';D �Ct_ Qj SOURCES CODE AND I.I.r' �U1'�' h'i ORDINANCE NO 15898, 0 b ECTION 11.AS0131 OH IN JURIS- � ', DICTION OF THE CITY OF V CORPUS CHRISTI, TEXAS; i PROVIDING FOR SEVER- ANCE, AND PROVIDING FOR : t, £7. Was passed and approved 1 PUBLICATION ' by the Coy Codncil of the City of Corpus Christi, Texas on the 24th day of November, A 1987. The full text of said 1 ordinance is available to the i public in the Office of the City Secretary. /s/ Armando Chapa City Secretary ,City o1 Corpus Christi n