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HomeMy WebLinkAbout027953 ORD - 11/18/2008Page 1 of 3 AN ORDINANCE DISANNEXING FROM THE CITY OF CORPUS CHRISTI, TEXAS, APPROXIMATELY 9.426 ACRE TRACT OF LAND OWNED BY SAM KANE BEEF PROCESSORS, INC., LOCATED IN NUECES COUNTY, OFF SOUTH RIGHT-OF-WAY BOUNDARY OF STATE HIGHWAY 9 (9001 LEOPARD STREET) AND ADJUSTING THE CITY BOUNDARIES, CONDITIONED UPON THE PROPERTY OWNER EXECUTING A CONTRACT FOR SERVICES IN LIEU OF ANNEXATION; PROVIDING FOR A DELAYED EFFECTIVE DATE FOR THE DISANNEXATION; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council has determined that this ordinance would best serve public health, necessity, convenience, and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. If Sam Kane Beef Processors, Inc., executes a contract for services in lieu of annexation, attached as Exhibit "A", that approximately 9.426 acre tract of land, as described in the attached Exhibit "B", owned by Sam Kane Beef Processors, Inc., and located off south right-of-way boundary of State Highway 9 (9001 Leopard Street) in Nueces County, is disannexed from the City of Corpus Christi. SECTION 2. That the boundaries of the City of Corpus Christi, Texas, are adjusted to exclude only that property comprising the 70.236 acre tract of land as described in Exhibit "B". SECTION 3. The disannexation described in Section 1 of this ordinance is effective on the later of the execution of the contract in lieu of annexation or November 30, 2008. SECTION 4. If for any reason any section, paragraph subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that 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 unless said holding has the effect of diminishing the revenue payable to the City under any agreement entered into under this ordinance. SECTION 5. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs SKBP Disannex Ordinance 11142008.doc 027953 Page 2 of 3 and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinanceispassed and takes effect m upon first reading as an emergency measure on this the �`d�`-L-day of November, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garr City Secretary Mayor APPROVED: This 15th day of December, 2008: R. J Fir For a ei ng A : stant C• y Attorney ity Attorney SKBP Disannex Ordinance 11142008.doc Page 3 of 3 Corpus Christi, Texas Day of We (/I ktioa , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasonssetforth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Council Members Respectfully, •W_//tom t�//[i Lf He Garret ayor City of Corp s Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon SKBP Disannex Ordinance 11142008.doc aEI. AEA 027953 THE STATE OF TEXAS § COUNTY OF NUECES § CONTRACT FOR SERVICES IN LIEU OF ANNEXATION This Contract made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation of Nueces County, Texas ("City"), and Sam Kane Beef Processors, Inc., a Texas for-profit corporation, Landowner, ("Company"). WITNESSETH: WHEREAS, it is the general policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs and will attract the location of new and the retention and expansion of existing industries in the City and its environs, and this 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 of land and improvements on land within the extraterritorial jurisdiction of the City of Corpus Christi, and WHEREAS, upon execution of this contract by the City this land shall be known as "Corpus Christi Strategic Partnership Zone No. 1," and this land is more particularly described in Exhibit "A" by metes and bounds, as provided in Section VII and in Exhibit "B" by a listing of the property by account number designated by the Nueces County Appraisal District ("NCAD") or its successor attached to this Contract, and incorporated in this Contract for all purposes, in this Contract called "the land" and upon which Company has either constructed improvements; and WHEREAS, under the policy and the provisions of Section 43.0563, Texas Local Government Code, City is willing to enter into strategic partnership agreements for the provision of services to industries located within its extraterritorial jurisdiction in lieu of annexation; and WHEREAS, City desires to encourage the retention, updating, expansion, and growth of industries within the City and its environs, and for this purpose desires to enter into this Contract with Company. NOW, THEREFORE, in consideration of the premises, the mutual contracts of the parties in this Contract contained and under the authority granted under Section 43.0563, Texas Local Government Code, City and Company agree as follows: I. A.1. City covenants and agrees that during the term of this Contract, and subject to the terms and provisions of this Contract, the land will retain its extraterritorial status as a. strategic partnership zone and shall continue to retain this status until and unless the Page 1 of 7 Contract for Services In Lieu of Annexation -- SKBP -- 111a2nnA EXHIBIT A status is changed under the terms of this Contract. Except as provided in this Contract, the City further covenants and agrees that it will not annex the land. 2. During the term of this Contract, City has no obligation to extend to the land any City services, except fire protection and City utility services being provided to and paid for by Company on the date of this Contract, including water, wastewater, gas, and storm water services. Utility services will be provided at inside city limits rates. B. -Further, City and Company agree that during the term of this Contract, Company shall comply with the City's: 1. Ordinances, rules, or regulations governing zoning and platting of the land. Company further agrees that it will in no way divide the land or additions to this Contract without complying with State law and City ordinances governing subdivision of land. 2. Ordinances, rules, or regulations prescribing any building, electrical, energy conservation, fuel gas, mechanical, plumbing, inspection, or other technical construction code or codes. 3. Ordinances, rules, or regulations governing the method of operations of Company's business, including those regulations relating to the delivery of utility services and waste disposal, including payment of any applicable municipal solid waste system service charge. C. Company covenants and agrees that during the term of this Contract, Company will not use or permit the use of the land and improvements covered by this Contract for purposes not included within the term "industry" as defined in Section 2 of Ordinance No. 15898, as amended. Holding the land and improvements for future "industry" use, without using the land for non -industry purposes, does not violate this paragraph. D. Company covenants and agrees that this Contract must be treated as a petition for annexation of the land and a request for immediate annexation upon termination of this Contract. Upon termination of this Contract for any reason, including, but not limited to, expiration, with or without extension, termination for default, or termination at the request of either party, the lands are automatically annexed into the City, and the Company waives any and all rights to contest the annexation by the City. This covenant is a covenant running with the land, and is binding upon the Company's successors and assigns. 11. The term of this Contract shall be five (5) years beginning December 1, 2008, and continuing until November 30, 2013, unless extended for additional period or periods of time upon mutual consent of Company. If this Contract is not extended for an additional period or periods of time on or before May 31 of the final calendar year of the term of this Contract, then the immunity from annexation granted in this Contract terminates on that date, but all other terms of this Contract shall remain in effect for the remainder of Page 2 of 7 Contract for Services In Lieu of Annexation — SKBP -- 11142008 the term; provided, however, the effective date and time of annexation may not be earlier than midnight of November 30 of the final year of the term. Each year during the term of this Contract, Company shall pay to City an amount in lieu of taxes on the land, including improvements and personal property located on the land, equal to one hundred percent (100%) of the amount of ad valorem taxes based upon the market value of the land, improvements, and personal property, which would otherwise be payable to City by Company if the land were situated within the city limits of City. IV. A. Company agrees to pay to City on or before January 31 of the year following each year during the term of this Contract all payments in lieu of taxes provided for under this Contract without discount 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, including land, improvements, and personal property. Any change in the ratio used by City shall be reflected in any subsequent computations under this Contract. This Contract and the method of determining and fixing the amount of in lieu of taxes payments under this Contract 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 the Company's in lieu of taxes annual payment required under this Contract, the calculation shall be made utilizing the fair market value of all property determined by NCAD or its successor under provisions of the Texas Property Tax Code. The Company shall timely provide information and reports required under Texas law, rules, and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Upon written request each year by the City's Collection Section, the Company will provide the City with the certified fair market value assessment for use in calculation and preparation of the annual in -lieu tax payment. V. If Company elects to protest the valuation set on any of its properties by Nueces County Appraisal District (NCAD) for any year or years during the term of this Contract, it is agreed that nothing in this Contract shall preclude the protest and Company shall have the right to take all legal steps desired by it to reduce the same as if the property were located within the City, except with regard to the exemptions in Part IV B. Notwithstanding any protest by Company, Company agrees to pay to City an initial in lieu of tax payment, on or before the date provided for in this Contract, of at least the amount of the payment in lieu of taxes on the land, improvements, and personal property that would be due by Company to City under this Contract on the basis of renditions filed by Company with City's Collection Section for that year on the basis of Page 3of7 Contract for Services In Lieu of Annexation -- SKBP -- 11142008 the assessment of this Contract for the last preceding year, whichever is higher. When the valuation on the 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 the 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 that 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. If Company fails or refuses to comply with all or any of the terms, conditions, and obligations in this Contract imposed upon the Company, then this Contract may be terminated at the option of City and the City may elect to sue to recover any sum or sums remaining due under this Contract or take any other action which in the sole discretion of the City it deems best. If the City elects to sue to recover any sum due under this Contract, the penalties, interest, attorney's fees, and cost of collection are 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 constitutes grounds for termination of this Contract, provided however, that the Company must 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 Contract may not be terminated. The lands are automatically annexed into the City upon termination of the Contract. B. If Company defaults in paying in lieu of tax payments under this Contract, City is entitled to a tax lien on the land and improvements; and the lien may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. C. If City breaches this Contract by annexing or attempting to pass an ordinance annexing any of the land, Company may enjoin City from the date of its breach for the balance of the term of this Contract, from enforcing any annexation ordinance adopted in violation of this Contract and from taking any further action in violation of this Contract. If Company elects to pursue this remedy, then so long as City specifically performs its obligations under this Contract, under injunctive order or otherwise, Company shall continue to make the annual payments required by this Contract. VII. Company agrees to provide to City at Company's expense, a survey plat and field note description of the land. Page 4 of 7 Contract for Services In Lieu of Annexation -- SKBP -- 11142008 VIII. A. If any attempt to annex any of the land owned, used, occupied, leased, rented, or possessed by Company, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the land or property, the City shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of Company, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne_equally_by the Company; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. B.1. If City and Company are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation, Company shall have the option of: (a) Terminating this Contract, effective as of the date of the annexation or incorporation. (b) Continuing to make the in lieu of taxes payments required under this Contract. 2. This option must be exercised within thirty (30) days after the application for the temporary injunction is denied. 3. If Company elects to continue the in lieu of taxes payments, the City shall place future payments under this Contract together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest-bearing escrow account that must be held by City subject to the following: (a) If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and/or upholding the annexation or incorporation, then all these payments and accrued interest must be refunded to Company. (b) If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and/or invalidating the annexation or incorporation, then all the payments and accrued interest may be retained for use by City. IX. This Contract inures to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and remains 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 the land, and this Contract contained must be held to be covenants running with the land for so long as this Contract or any extension of this Contract remains in force. X. In all of its procurements, including, but not limited to, procurements of supplies, materials, equipment, service contracts, construction contracts, and professional Page 5 of 7 Contract for Services In Lieu of Annexation — SKBP -- 11142008 services contracts, the Company shall use reasonable efforts to procure same from businesses located within Nueces County, unless same are not reasonably and competitively available within the area. Company acknowledges that the City provides a regional water system that is critical to the well-being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. Company agrees to provide six months written notice of any intent or action to obtain water from any source other than the City. The Company shall make reasonable efforts to determine local availability and competitiveness of other supplies, materials, equipment, service, construction, and professional service contracts, but shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. XI. If any word, phrase, clause, sentence, paragraph, section, article or other part of this Contract or the application of this Contract 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 the word, phrase, clause, sentence, paragraph, section, article or other part of this Contract shall be deemed to be independent of and separable from the remainder of this Contract and the validity of the remaining parts of this Contract shall not be affected thereby, unless the holding has the effect of diminishing the revenues payable to City under this Contract. XII. This Contract may be executed in multiple counterparts, each of which is deemed an original. ENTERED into this day of November, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary LEGAL FORM APPROVED: November R. Jay Reining First Assistant City Attorney For City Attorney 'Angel R. Escobar City Manager ,2008 Page 6of7 Contract for Services In Lieu of Annexation -- SKBP -- 11142008 CITY OF CORPUS CHRISTI ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on November , 2008, by 'Angel R. Escobar, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas SAM KANE BEEF PROCESSORS, INC. LANDOWNER By: Jerry Kane President and CEO LANDOWNER ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES Before me, the notary public whose name is signed and printed (or typed) below, on this day personally appeared Jerry Kane, President and CEO, Sam Kane Beef Processors, Inc., a Texas for-profit corporation, as landowner, for the purposes and consideration in this Contract expressed. Given under my hand and seal of office this day of November, 2008. Notary Public, State of Texas Page 7of7 Contract for Services In Lieu of Annexation -- SKBP -- 11142008 tEURBAN ENGINEERING l State of Texas County of Nueces December 5, 2008 Job No. 09369.A8.00 Field Notes for a 9.426 acre tract (not based on an on -the ground survey) of land out of Share No. 3 of_the partition of the George Frank Land shown by Deed of Partition of record in Volume 142, Page 579, Deed Records, Nueces County, Texas, and embracing a portion of Survey 416, patented to George Frank, Abstract 838, said 9.426 acre tract being more fully described by metes and bounds as follows: Beginning at a point on the south boundary of Leopard Street, a public roadway, at the point of intersection with the dividing line between said Share 3 and Share 2, George Frank Partition, from which the northwest corner of Sam Kane Tract A, bears South 65'09'00" East, a distance of 983.71 feet; Thence, South 65°09'00" East, along the south boundary of said Leopard Street, a distance of 257.54 feet for the northeast corner of this tract; Thence, South, a distance of 1703.04 feet for the southeast corner of this tract; Thence, North 89°55'10" West, a distance of 233.69 feet to a point on the' dividing line between said Share 3 and Share 2, for the southwest corner of this tract; Thence, North, along said dividing line of Share 3 and Share 2, a distance of 1810.94 feet to the Point of Beginning and containing 9.426 acres (410,596 square feet) of land. Bearings based the recorded plat of Sam Kane Tract A, a map of which is recorded in Volume 28, Page 38, Map Records of Nueces County, Texas. Unless this field notes description, including preamble, seal, and signature, appears in its entirety in its original form, surveyor assumes no responsibility for its accuracy. (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com Exhibit A URBAN ENGINEERING DAN L. URBAN, R.P.L.S. License No. 4710 FAX (361)854-6001 Exhibit B 441,868 wl a 0 2008 2007 2006 2005 Imp HS $0 $0 $0 - Imp NHS $198,769 $198,769 $198,769 $198,769 Land HS $0 $0 $0 - Land NHS $243,099 5243,099 $94,260 $94,260 Ag Mkt $0 $0 $0 - Ag Use $0 $0 $0 - Tim Mkt $0 $0 $0 - Tim Use $0 50 $0 - HS Cap - - - - Assessed $441,868 $441,868 $293,029 $293,029 W 003, FU, GNU, JRC, REM, SF, HOSP 1 • ` e t O' :C! ASSESSORS MAP 140 9.426 ACS OUT OF TR 3 (FORMERLY 263-140-350) I ��dBSS 9001 Leopard ST Corpus Christi, TX Date Volume - Page Seiler Name S LL gg O e m Type Description Area Year Built Eff Year Value C Commercial $198,769 CONC Concrete Parking Area 75805 2001 2001 $144,030 CONC Concrete Parking Area 28810 2001 2001 $54,739 SPTB Description Area Market Ag Value F1 Commercial Land 4.43500 193,189 0 F1 Commercial Land 4.99100 49,910 0 z B J D SAM KANE BEEF PROCESSOR (0185804) INC 9001 LEOPARD CORPUS CHRISTI,TX 78409 r m o N uE I. qy LL O L D O LL Baths Construction A m S Exhibit B IIURBAN ENGINEERING State of Texas County of Nueces December 5, 2008 Job No. 09369.A8.00 Field Notes for a 9.426 acre tract (not based on an on -the ground survey) of land out of Share No. 3 of the partition of the George Frank Land shown by Deed of Partition of record in Volume 142, Page 579, Deed Records, Nueces County, Texas, and embracing a portion of Survey 416, patented to George Frank, Abstract 838, said 9.426 acre tract being more fully described by metes and bounds as follows: Beginning at a point on the south boundary of Leopard Street, a public roadway, at the point of intersection with the dividing line between said Share 3 and Share 2, George Frank Partition, from which the northwest corner of Sam Kane Tract A, bears South 65'09'00" East, a distance of 983.71 feet; Thence, South 65'09'00" East, along the south boundary of said Leopard Street, a distance of 257.54 feet for the northeast corner of this tract; Thence, South, a distance of 1703.04 feet for the southeast corner of this tract; Thence, North 89'55'10" West, a distance of 233.69 feet to a point on the dividing line between said Share 3 and Share 2, for the southwest corner of this tract; Thence, North, along said dividing line of Share 3 and Share 2, a distance of 1810.94 feet to the Point of Beginning and containing 9.426 acres (410,596 square feet) of land. Bearings based the recorded plat of Sam Kane Tract A, a map of which is recorded in Volume 28, Page 38, Map Records of Nueces County, Texas. Unless this field notes description, including preamble, seal, and signature, appears in its entirety in its original form, surveyor assumes no responsibility for its accuracy. (361)854-3101 URBAN ENGINEERING 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com EXHIBIT B DAN L. URBAN, R.P.L.S. License No. 4710 FAX (361)854-6001