HomeMy WebLinkAbout022092 ORD - 11/29/1994AN ORDINANCE
AMENDING ORDINANCE 15898, AS AMENDED, AUTHORIZING THE
DESIGNATION OF LAND AREAS LOCATED WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS
CHRISTI, TEXAS, AB INDUSTRIAL DISTRICTS; RESERVING AND
PRESERVING ALL RIGHTS, POWERS AND DUTIES OF THE CITY
COUNCIL; AND PROVIDING A SAVINGS CLAUSE.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION A. City of Corpus Christi Ordinance 15898, as amended
by Ordinances 15941, 16129, 16167, 16601, 18023, is hereby amended
to read as follows:
WHEREAS, orderly economic growth increases the standard of
living of the community and its citizens and improves the quality
of life; and
WHEREAS, Corpus Christi has a number of industries located
within its extraterritorial jurisdiction and near its city limits;
and
WHEREAS, some industries make limited use of certain municipal
services provided by the City of Corpus Christi; and
WHEREAS, the City Council is of the opinion that such
industries should compensate the City for the benefits received,
both direct and indirect, from City services; and
WHEREAS, it is the policy of the City Council to adopt such
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 42.044. Texas Local Government
Code. ..,
"Municipal Annexation Act," the City Council has the right, power
and authority to designate all or any part of area located in its
extraterritorial jurisdiction as an industrial district or
districts, as the 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; and
WHEREAS, included in such rights and powers of the governing
body of any city is the permissive right and power to enter into
written agreements with the owner or owners of land, and holder or
holders of right to use the land, in the extraterritorial jurisdiction
of City to guarantee the continuation of the extraterritorial
status of such land, and immunity from annexation by the City for
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a period of time not to exceed fifteen (15) acvcn (7) years, and
upon such other terms and considerations as the parties might deem
appropriate, and such written contracts may be renewed or extended
for successive periods not to exceed fifteen (15) ,
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;
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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. An Industrial District will be established and
described upon the execution of an "Industrial District Agreement"
in the form attached hereto, designated as Exhibit "1" la J. J.
"-2", by the City of Corpus Christi and an industry as defined in
Section 2 below.
SECTION 2. 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 or holding a right to go upon or use the surface
or subsurface of a 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 ml,l�h on said
tract is engaged primarily in . or is holding the tract for.
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 or transportation purpose, such as
a manufacturing plant; chemical or petrochemical plant; refinery,
oil or other product storage terminal or pipeline 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 and in the opinion of the City Council
in its sole discretion is compatible with other uses in the
district; (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
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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. "Industry" does not include retail sales or
Service to the general public 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 listed in the Standard Industrial
Classification Manual 1987 (Executive Office of the President,
Office of Management and Budget, 705 pp), as it may be amended.}
The term "owning" as used in this Section 2 shall include the
leasing of such property.
-- -- •• An industry which has been identified as of
January 1, 1995, by the Texas Natural Resources Conservation Commission as
responsible for an area of contamination of ground water or soil underlying
property currently utilized for residential purposes shall be eligible to
participate in an industrial district contract only if (1) the industry
agrees to remediate in accordance with the directives, rules, or orders of
the Texas Natural Resources Conservation Commission, and (2) the industry
agrees to participate in a program of buffer land acquisition to be
undertaken by a governmental entity at fair market value agreed to by owners
of industries owning a majority of the assessed value of all property of
industries within the industrial area.
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SECTION 3. Pursuant to Lection_ilflassalarungat
Code, Article 970a of the Revised Civil Statutes of Texas, upon the
execution and tender by an industry, whose land is located in the
extraterritorial jurisdiction of the City, of an Industrial
District Agreement which is received by the City no later than
April 1, 1945 milhi,l 90 days after final Naseage of this ordi,tance,
the City may, solely at the discretion of its City Council, enter
into such agreement with such industry, including all owners and
lessees of the land and owners of improvements thereon.
Additional non-contiguous tracts owned by the industry and
situated within the extraterritorial jurisdiction of the City may
be included within the industrial district agreement covering the
parent tract if the use of each additional tract relates directly
to the primary use of the parent tract.
Any such industry which does not presently own land therein
but which acquires land within the extraterritorial jurisdiction of
the City more than St l Q days after final passage of this
ordinance, may, prior to December 391 of the year in which such
land is acquired, execute and tender an Industrial District
Agreement to City and in such event the City may, solely at the
discretion of its City Council, enter into such agreement with such
industry.
SECTION 4. It is hereby declared to be the intention of the
no later than April 1, 1995,
with the present owner or owners of
land and improvements on land in the extraterritorial jurisdiction
of the City if it deems such agreement to be in the best interest
of the City for the attraction and maintenance of industry.
SECTION 5. Industrial districts may be created in the Gulf of
Mexico pursuant to Section 11.0131 of the Texas Natural Resources
Code either upon the passage of an ordinance unilaterally
establishing such districts or upon execution of an industrial
district agreement in a form prescribed by the City Council.
SECTION 6. The City may expand or diminish the size of any
such District and the City hereby reserves all rights and powers it
may have or acquire to revoke in whole or in part the creation of
all or any part of a District except to the extent that it has
agreed not to so do in any Industrial District Agreement.
SECTION 7. If a portion of a District is not actually
situated within the extraterritorial jurisdiction of the City of
Corpus Christi, then such fact shall not affect the validity of the
creation of such District as to the remaining portion thereof.
City to contract
•
•
SECTION 8. This ordinance shall take effect from and after
its passage.
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SECTION 9. 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 shall be given full force and effect for
its purpose unless such holding ha h o d m;nish;ng the
revenue payable to the City under any agreement entered into under
this ordinance.
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TNDTTSTRTAT, 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
, a
(Landowner)
a
corporation,
, corporation,
(Lessee)
and a
(Improvements Owner)
corporation, hereinafter collectively called "COMPANY".
W ITNESSET 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 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
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. ", 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 the provisions of Section
42.044. Texas Local Government Code. Aiti
ncV1SCLL 1.1411
City has
enacted Ordinance No. 15898. as amended. indicating its
willingness, no later than April 1, 1995 (or later date for subsequently
acquired land as provided in the ordinance) wiLhi„ 90 lays atter final
�,a�.alle of maid oidinance7 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 Ordinance No. 15949 designating land areas as
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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 - Section
42.044. Texas Local Government Code. 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, 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 regulations (a) governing zoning and platting of said
land or any additions thereto outside the City limits and in an
industrial district; 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.
Company covenants and agrees that during the term hereof.
Company will not use. nor permit the use of. the land and
improvements covered by this Agreement for purposes not included
within the term "industry" as defined in Section 2 of Ordinance No.
15898 as amended Holding said land and improvements for future
"industry" use. without using same for non -industry purposes. does
pot violate this paragraph.
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II.
The term of this Agreement shall be ten (10) years
beginning on the first day of January 19-2 , and continuing until
December 31, }9_2004, 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.
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 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, 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
personal property) located on
percent (&Q5e%) of the amount
otherwise be payable to City by
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taxes on improvements (excluding
said land equal to gixty fifty
of ad valorem taxes which would
Company if said improvements were
EXHIBIT 1
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situated on land within the city limits of City. "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.
On or before March 31 of each year during the term of this
Agreement, Company shall provide to City's collection section Tax
eenector 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,
Company shall pay to City six percent (6%) each for the first and
second years of use. seven percent (7%) each for the third and
fourth years of use. and eight five percent (5$%) for each year of
use thereafter rather than the percentages of the amount of ad
valorem taxes as calculated in paragraph (b) above fn ca.h yca� if
use, i.e., tea% the second year in use, i.512% the third year in
use, 26% the fourth year in use. 34% the fifth year in use. etc.
Payments under this provision shall never exceed sixty tifL1
percent (5 nQ%)• 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 provision 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 paragraph (c) shall be deemed
to be included within the provisions of paragraph (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 successor,
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 calculation set forth in paragraphs (a) through (d)
above, said land and all other 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 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 the assessed values of land and
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EXHIBIT 1
10
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 description 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.
Company shall provide City a new or revised Exhibit "B" which
includes a complete description of such new land.
(f) Minimum Payments. For any Company which qualifies as an
industry under Ordinance No. 15898 and which has less than two
million dollars ($2,000,000.00) in market value of improvements on
said land subject to this agreement, such Company, in lieu of the
payments in items (a), (b), (c), (d), and (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 valorem taxes on 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, 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.
IV
Company agrees to pay to City on or before January 31 of the year
following Dcembel 31 f each year during the term hereof all
payments in lieu of taxes provided for hereunder without discount
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EXHIBIT 1
11
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 determination of market value and taxation, including,
but not limited to, laws relating to rendition, assessment,
equalization and appeal.
(b) In determining all amounts in lieu of taxes to be paid by
the Company under this Agreement. the calculation shall be made
1 •
• 1 ' , ' qi • • , • • • • , • I • • •
in Section
Section 1-1.
hereafter a
calculated
increase in
1995.
11.31. Texas Property Tax Code. and Article VIII.
Texas Constitution, as same presently exist or may be
mended. In addition. all such amounts shall be
without reference to anv new tax exemption or any
an existing tax exemption enacted after January 1.
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. except with regard to the exemptions in
Part IV(b). 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, of 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 collection section
Tax Colle..tn 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 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.
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EXHIBIT 1
12
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. If the Company is an industry covered by the
third paragraph of Section 2 of Ordinance 15898, as amended, failure to
comply with the terms of that paragraph shall constitute grounds for
termination of this Agreement, provided however, that the Company shall be
given written notice of the grounds for termination and if within sixty (60)
days the Company complies or demonstrates a satisfactory plan of compliance
(where compliance requires more than sixty (60) days) the Agreement shall not
be terminated. If the CLmpanj is a�, i.nlasLiy� c��eied Ly ll.� L11i��
S!ru ll—t S+ !) y11 u4ili c 1 i 9R " r5_ nm n5 i f
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id Nld.!4lS-f"l11111111fLn!earl n- IMP t- len. .l•1 -T 1IT 1tI [Mt -.P=P t*fl 1144*— Sa!1 .l
(b) City shall be entitled to a tax lien on said land and
improvements, in the event of default in payment of in lieu of
taxes 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 said land, Company
shall be entitled to enjoin City from the date of its breach for
the balance 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.
Jd) In the event Company uses. or permits use of. the land
and improvements covered by this Agreement for purposes not
included within the term "industry" as defined in Section 2 of
Ordinance 15898. as amended. the payment in lieu of taxes to be
paid by Company under this Agreement shall be increased to an
amount equal to one hundred percent (100%) of the amount of ad
valorem taxes on land. improvements. and personal property sited ort
the land which would otherwise be payable to City by Company it
said improvements were situated on land within the city limits of
City. Such increase shall be immediately effective for all
payments from the inception of this Agreement, and Company shall
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EXHIBIT 1
13
transmit to the City within 10 days of being notified by City of
the determination of a non -industrial use. an amount equal to said
one hundred percent (100%) of ad valorem taxes from the inception
• a •11 . 1
• . .
and interest as if such amounts were delinquent taxes. City shall
be_entitled to its attorneys fees and other costs in collecting any
such amounts. In addition. City shall have the right. in its sole
and absolute discretion: (1 to obtain an injunction from a court
of competent jurisdiction. upon the court's determination that the
use is not an "industry" use. requiring that the use be permanently
discontinued. or (2) to annex the land covered by this Agreement.
Until the land is annexed. Company shall continue to make payments
equal to said one hundred percent (100%) of ad valorem taxes.
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 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 calendar 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:
VRB\ORD\005.aar
EXHIBIT 1
14
(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 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 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 to another industry as defined in Ordinance No. 15898, as
amended, then platting of such property may be deferred under the
following conditions:
vea\ORo\005 aar
EXHIBIT 1
15
(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; 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.
(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 Collection Section Tax Colle�tws a revised Exhibit "A"
and/or Exhibit "B", which revised exhibit or exhibits 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
conveyance occurred. Thereafter. the buyer shall be responsible
for such payments including any rollback payments under Part VI(d).
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 applicable to such property, including improvements thereon,
and_ including any rollback payments under Part VI(d). as if no
such conveyance had occurred.
XII
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 according to the Standard
Industrial Classification Manualt 1987 or enters into a renewal of
any existing industrial district agreement with an industry of the
same classification which contains in lieu of tax 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.
VIIMOMN305aur
EXHIBIT 1
•
16
or facilities under Section 42.044. Texas Local Government Code
XITT
In all of its procurements. including. but not limited to.
procurements of supplies. materials, equipment. service contracts.
construction contracts. and professional services contracts. the
Company shall use reasonable iii Le.L efforts to procure same from
businesses located within Nueces and San Patricio Counties t.lLc ,iLY
unless same are not reasonably and competitively available nfaveilabit
within said area. The Company shall make reasonable efforts to
determine local availability and competitiveness but shall not be
required to maintain records regarding this requirement other than those
normally kept in its usual course of business.
XIV
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. unless such holding has the effect of diminishing the
revenues payable to City hereunder.
URB \ ORD \005.aar
7 T
EXHIBIT 1
17
XIV
Upon the commencement of the term of this Agreement, all other
previously existing industrial district agreements with respect to
said land shall terminate.
19
ENTERED into this day of
ATTEST:
Secretary
ATTEST:
Secretary
ATTEST:
Secretary
ATTEST:
City Secretary
APPROVED THIS
By:
By:
By:
(Landowner)
(Lessee)
(Improvements Owner)
CITY OF CORPUS CHRISTI
By
•
City Manager
DAY OF , 19
, CITY ATTORNEY
By
Assistant City Attorney
VRB\ORD\005.aar
18
_•NN
c
(pun tp, Texas,
TEXAS, a nnlnlclpa
, cOi pOlat1O1 ,
an
(Lessee)
COr9Ol atloai,
LOipola Lloit,
p
�.atiOi� oL 11C.W alad elCraalai kJ apt cnla LS,.y 111 Ll L 11cSL1acs zizl, and
pas Lil.ulas 1f c
in olpolatcd 1 elel,l fu1 all purposes, 1telein ca
FuaiiL t0 salal polia.rnhIJ-Lla
URB \ ORD \005.aar
area In lts eXtLat=In t'llal ju11slc t Ion as as Ila
EXHIBIT 2
19
CS 11 l a„al any C1 Ly act v1C S t.a.cyL l sic yt VLc'.. L sun s„ Llac =van
lleleuf,
1„g plon co al,
sul.ca ul scyulaLiuua (a) guvcl„1„y Lol,ing and pla•
tting
11owCVc1 ,
a
Ars ll In no Way atot alc Sat
ate laW ail Ci Ly
ca guvvll,l,ly Ll,e Lie Chad v1 ul,el&Lsua,a u
elaLil,� to Lh
ity owne
URB \ ORD \005.aar
EXHIBIT 2
20
v1I[.11IUC u1I L11 LJCl.CILWC1
•
1C CL LCI.(.1. vc Qa LO allli L11Ile VL JuLII asIIIt la Ll Vll r111a11 LJC 1 L ca111C1
an midnight of Dccembel 71 of such fi11a
f
1c
1/1a1 AcL v al Lit IJ1 0. CIS l GUI 1 w 1 wvuiU LJLllc1 w J. c Lc pay a LJ
1
1Cll. L, oua.n laces lalll 0,11a11 1 e 1Rt.1111ca1 111 company -s laau Anow ll as
vI1a1 yl vycl Ly
URB\ORD\OO5.aa1
all Cajual cv 111 Ly kJ= 4...C11
1C 111 tall of Ad oalolenl taxes Which WO11d 0LI1atwioe
EXHIBIT 2
21
pcl l„e.7 ull, aa,luei ,
mpany .
ngreemcnt, ca,mpanf s a pion a to Cltf
.t La Lcults L jt ll,a %ay 11/4/11 _ ..
111.1.1 14 all a.ixi,ay llae amuuaa t. IJ 1.11 L1C4 vi a.axca pay
,]1 alipea't:
v
StaC plotcst and Compan]r shall SaaOe tlae a. lgl,t to tare a
east tlae amount oZ the paywe,it In hea o taxa
\JRB\ORD\005.aar
EXHIBIT 2
Y
22
)9supcsLf ilao Lceii 111 Oetertuineti, cl.thcl as tate lesult of fina
u,lyu,cuL vl a GOu1L of c%sup=LeinL jails ,llctlo
1
V
mpanf, tisen on art tnllty
mpany
Y
L.i, 15 cu
(a) In the event C1,mpany falls or refuses to comp
Lnipl04 elit .“ m, il, L11e eve,,t of a]efault i„ payaucnL of 111 lice of Lau
a,,.,aal payre„tm leyuirel Ly this Ayleeu,e„t.
URBORD \00s.aar
EXHIBIT 2
y prat a,u L1e1,1 „ote acSLl 1ptlol
23
Llamyaa,y's acylisitJon of new larni, as ayscribe
•
row ac a4l lla
vl1 1 la,1%kr
a sill Jcy plat a
[1 any attempt to annex any o2 sal rt lana owns , used,
v1 yvaacaacal lay 'wally, is made Ly
.L as Ga, Lcll
yallly
IL/L•
au cl v1 ps Ope r Ly, Ll,
pesmallclll. 1llj uzi Llvll aya111a1 auvn al ulcaa Lswat v1 11Aa1 kavl a Liv,,, w.1. tit
3,
Yr'
•
y „cW
upolaly a
as may
1
9
liayule„ta legt.
iIuB1 • ouGll 1/ 11 a11a11 LC cdiCll.-L w1r.1111
yo a1 Lc1. L11c app l lira 1v11 LWI auvll Lcluyvlaly
121 lieu v1 taaca paymc„La, L1,c CiLf alaall place 11t11e paylnc,lto
Gn yayTlel at5 alail aGv11Gt1 111LG1eat L1ael.eola anall Lc 1c1 u11
Ina l -)algment (after all appellate lcolew,
yl all l.l,ly a yc
111)u11v l�llalf aalu/vl 1a, v al laa l.l„y aul.
Vll VI 111r..V 11JV1 aL1 V1,,
1c,1 all auvn yaymclata aunt avvl ucal 111Lc1 co
1cLa1„erl for lase l,y Y.
URB \ ORD \005.aar
EXHIBIT 2
1c1 CV al alfa
e benetlts a
Tto a,mpany linger this Agreement sna
24
pteoelaL1f owiaeu �i acy
�1Coa..ribeal in LlA1alJ,lt A tO tnls Agreement, a
made herein to land, property ant improoeme�
oanea 1,y cOlapany,
al. a1aa11 aiav iaaa.i UUc lanai au ni naps. vv emcn . pia se.aa lly wan=al Ly
• iatcs. Tlae trot d"affiliatas" as a15ed hesein shall mean (1)
nil companies with lesyect to alaich Q,mpany .litectly of inallie cl.ly,
Lane aiuc��ivla, vh ttj Os
vuyn u
v
�r the elegy^^. --^f
(a) of the Intalnal Reocnse
Y
a aae,a>,ei .
c of 1'!J•l, as a
URB\ORD\005.aar
EXHIBIT 2
25
y responslule Tut any pa_DU e.lta 1.1
�t upct Ly•
ull
holdings.
•
.e
area Intal a sapplementa
a.L
11 La W1L11 Llle C11y uuilCc1ll11L
t
ue11a1me11L LO L1ata 13 J. camel' , ec Livy lLa. Llic '..al=II ial. ycat uca
olloaiag tl.e calendar year in mhi
as 11 11O sack co.,neyancc l.aal occiltteal.
any One Ol luOle Wu111a, plll sacs, L.lauaca,
ban C111...0 , palaylaplla, acc. _Luna, atL±Gies 01 othcl palter of Lllls•
u
LutpulaLlu
u
a tt art./
y ally
v
1- 11, Llae., Ll.e appllca Lloil, 11 Ol 111,GOlIs Ll LSLlunal lty
vl oLhei pal L of Llle AgleemeiiL shall Le d eme
•
L-1
1
lr•
VRB ORD\005.aar
EXHIBIT 2
26
19
1
at j
aiy
Y•
cc1eLar.y
CORP
C
itJ 1 ijcs_
1
�L M. no es, Act -mg
VRB\ORD\005.aar
EXHIBIT 2
27
1
1
IJRB\ORD \005.aar
EXHIBIT 2
28
RECTION B. All existing industrial district agreements
entered into pursuant to prior versions of Ordinance No. 15898
shall remain in full force and effect for their stated terms until
new agreements are entered into pursuant to this amending
ordinance.
URB \ ORD \005.aar
29
That the foregoing ordinance was read for the first time and
passed to its seco reading on this the 15 day of
Vire() , 19 o+ , by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols �l�,
David Noyola IUO
Clif Moss
That the foregoing ordinan,9R was read for the second tim f -and
passed finally on this the L, day of MQ1JQy'V1ber , 19t44 -
by the following vote:
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo //���
Betty Jean Longoria ak
PASSED AND APPROVED, this the
AT
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
day of
ay -
o
IVptie Vnbr , 19g4_
Armando Chapa, City Secretary MAYOR
THE CITY OF CORPUS CHRISTI
APPROVED THIS 29TH DAY OF NOVEMBER, 1994:
JAMES R. BRAY, JR., CITY ATTORNEY
By:
URB\ORD\005atar
t'
07
92