HomeMy WebLinkAbout027956 ORD - 11/18/2008Page 1 of 3
AN ORDINANCE
DISANNEXING FROM THE CITY OF CORPUS CHRISTI, TEXAS,
APPROXIMATELY 120.62 ACRE TRACT OF LAND OWNED BY MARY
HUTCHINS TRIESTMAN LIMITED PARTNERSHIP, LOCATED IN
NUECES COUNTY, ON CLARKWOOD ROAD, 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 Mary Hutchins Triestman Limited Partnership, executes a contract for
services in lieu of annexation, attached as Exhibit "A", that an approximately 120.62
acre tract of land, as described in the attached Exhibit "B", owned by Mary Hutchins
Triestman Limited Partnership, located on Clarkwood Road, 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 said 120.62 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
and (2) suspends the Charter rule that requires consideration of and voting upon
027956
Disannex Ordinance 11142008triestman.doc
Page 2 of 3
ordinances at two regular meetings so that this ordinance is assed and takes effect
upon first reading as an emergency measure on this the day of November, 2008.
ATTEST:
Armando Chapa
City Secretary
THE CITY OF CORPUS CHRISTI
♦./4114'
He ry! arrett
Mayor
APPROVED: This 15th day of December, 2008:
R. R ing
First A sistant y Attorney
For City Attorney
Disannex Ordinance 11142008triestman.doc
Corpus Christi, Texas
Day of 1401701,klatk , 2008
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth 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: 1/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.
Page 3 of 3
Respectfully,
Council Members
Respectfully,
Hen Garrett tayor
City of Corpu. Christi
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Disannex Ordinance 11142008triestman.doc
027956
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"), Mary Hutchins Triestman
Limited Partnership, ("Landowner"), and Sam Kane Beef Processors, Inc. ("Sam
Kane")..
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, Landowner 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. 4," 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
Landowner 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 within its extraterritorial jurisdiction in lieu of annexation; and
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 Landowner agree as follows:
1.
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
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.
Page 1 of 7
KaneContract for Services In Lieu of Annexation -- Landowner#4 -- 11142008.doc
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, including water, wastewater,
gas, and storm water services. Utility services will be provided at inside city limits rates.
B. Further, City and Landowner agree that during the term of this Contract, Landowner
shall comply with the City's:
1. Ordinances, rules, or regulations governing zoning and platting of the land.
Landowner 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 Landowner'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. Landowner covenants and agrees that during the term of this Contract, Landowner
will not use or permit the use of the land and improvements covered by this Contract for
purposes not authorized by the City's Comprehensive Plan.
D. Landowner 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
Landowner 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 Landowner's
successors and assigns.
II.
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 Landowner. 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 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.
Page 2 of 7
Kane Contract for Services In Lieu of Annexation -- Landowner#4 -- 11142008.doc
ul.
Each year during the term of this Contract, Sam Kane Beef Processors, Inc., shall pay
to the City, for the Landowner, 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
Landowner if the land were situated within the city limits of City.
IV.
A. Sam Kane 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 Landowner'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 Landowner 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 Landowner 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 Landowner 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 Landowner 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 Landowner, Landowner 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 Landowner to City under this Contract on the basis of
renditions filed by Landowner with City's Collection Section for that year on the basis of
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
Page 3 of 7
Kane Contract for Services In Lieu of Annexation -- Landowner#4 -- 11142008.doc
the controversy, then within thirty (30) days thereafter Landowner 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 Landowner'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
Landowner, then within thirty (30) days thereafter City shall make to Landowner any
payment due based on the difference between the initial payment and that which is
computed based on the final settlement.
VI.
A. If Landowner or Sam Kane fails or refuses to comply with all or any of the terms,
conditions, and obligations in this Contract imposed upon the Landowner or Sam Kane,
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, attorneys fees, and cost of
collection are recoverable by the City as would be in a suit to recover delinquent ad
valorem taxes. The lands are automatically annexed into the City upon termination of
the Contract.
B. If Landowner or Sam Kane 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, Landowner 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 Landowner elects to pursue this remedy, then so long as City specifically
performs its obligations under this Contract, under injunctive order or otherwise,
Landowner shall continue to make the annual payments required by this Contract.
VII.
Landowner agrees to provide to City at Landowner's expense, a survey plat and field
note description of the land.
VIII.
A. If any attempt to annex any of the land owned, used, occupied, leased, rented, or
possessed by Landowner, 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 Landowner, and shall take any other legal action
necessary or advisable under the circumstances. The cost of the legal action shall be
Page 4 of 7
Kane Contract for Services In Lieu of Annexation -- Landowner#4 -- 11142008.doc
borne equally by the Landowner; provided, however, the fees of any special legal
counsel shall be paid by the party retaining same.
B.1. If City and Landowner are unsuccessful in obtaining a temporary injunction
enjoining the attempted annexation or incorporation, Landowner 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 Landowner or Sam Kane 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 Landowner.
(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, Landowner, and Sam
Kane, and upon Landowner's and Sam Kane's successors and assigns, affiliates and
subsidiaries, and remains in force whether Landowner or Sam Kane 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.
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.
Page 5 of 7
Kane Contract for Services In Lieu of Annexation -- Landowner#4 -- 11142008.doc
XI.
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
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
LANDOWNER
Mary Hutchins Triestman Limited Partnership
By:
Page 6 of 7
Kane Contract for Services In Lieu of Annexation -- Landowner#4 -- 11142008.doc
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 , Mary Hutchins
Triestrnan Limited Partnership, 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
SAM KANE BEEF PROCESSORS, INC.
LANDOWNER
By:
Jerry Kane
President and CEO
SAM KANE BEEF PROCESSORS' 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 7 of 7
Kane Contract for Services In Lieu of Annexation -- Landowner#4 -- 11142008.doc
Clarkwood Road Property. The property described as follows:
A portion of Fann Lots Nos. 26, 29 and 30 of the H.B. Sheppard Farm Lots, described by
metes and bounds as follows:
Beginning at a point in the center of a public road, the S.W. corner of land owned by
John Sagarino and the N.W. comer of Farm Lot No. 30, for a corner of this tract;
Thence with the fence on the South line of the Sagarino tract East 1104.5 feet, set an
iron axle at an iron stake driven in the ground the original S.E. comer of the Sagarino
tract and the N.E. corner of Farm Lot No. 30, for a corner of this tract;
Thence with the fence on the West line of Farm Lot No. 35, S I° 36' E 602.2 feet, set
a Mesquite post 5.8 feet south of fence corner for S.W. corner of Farm Lot No. 35,
and a corner of this tract;
Thence with the South line of Famr Lot No. 35, East 697.2 feet, set an iron axle .5
feet South of the fence from the E.N.E. corner of this tract and the W.N.W. comer
of a tract of 122.5 acres of land belonging to Bessie H. Elder, now Bessie H.
Stillwell;
Thence with the West line of Bessie H. Elder tract South 2567.7 feet to the North line
of 122.5 acres of land belonging to Lura LaGasse, set an Iron Post for S.E. corner of
this tract and the S.W. corner of Bessie H. Elder, tract;
Thence with the North line of the Lura LaGasse tract West at 1795.5 feet set an iron
pipe on East side of Public road, at 1818.5 feet to center of a public mad for the N.W.
comer of Lura LaGasse tract and the S.W. corner of this tract;
Thence with the center of said public road North 3168.7 feet to the place of
beginning;
Being the property conveyed by Deed from Chessie Perkins and husband, L.G. Perkins,
Bessie H. Stillwell (formerly Bessie H. Elder) and husband, H. S. Stillwell, and Lura LaGasse to
Katherine Hutchins dated October 3, 1929, filed for record under Nueces County Clerks File No.
60642 and recorded in Volume 192, Page 70, et seq., in the Deed Records of Nueces County, Texas,
which deed is in correction of the former deed, dated May 31, 1928, executed by Annie K. Elder and
the grantors in said correction deed, which former deed is recorded in Volume 179, Page 324 et seq.
of the Deed Records of Nueces County, Texas;
148)32.3
SAVE and EXCEPT the surface estate to a tract of land conveyed by Deed
dated June 7, 1938, executed by W. S. Hutchins and wife, Katherine
Hutchins, as grantors, to M. M. Roden and Nell Roden, as grantee ("Roden
Tract'), recorded in Volume 228, Page 371 et seq. of the Deed Records of
Nueces County, Texas, but which Deed to M. M. Roden and Nell Roden
reserved to W. S. Hutchins and Katherine Hutchins all of the oil, gas, and
other minerals in and to the Roden Tract out of the Clarkwood Road
Property.
SAVE and EXCEPT all other conveyances and easements as shown of record
in Nueces County, Texas.
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Imp HS - 50 I $0 $0
Imp NHS - $0 $0 $0
Land HS - $0 $0 $0
Land NHS $8.700 $8,700 $8,700 $8.700
Ag NIS 5137,430 5137,430 5137,430 $137,430
Ag Use 532,067 532,067 532,067 $32,067
Tim Mkt - $0 $0 $0
Tim Use - $0 $0 $0
HS Cap - - - -
Assessed $40,767 $40,767 $40,767 $40.767
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Clarkwood Road Property. The property described as follows:
A portion of Farm Lots Nos. 26, 29 and 30 of the H.B. Sheppard Farm Lots, described by
metes and bounds as follows:
Beginning at a point in the center of a public road, the S.W. comer of land owned by
John Sagarino and the N.W. corner of Farm Lot No. 30, for a corner of this tract;
Thence with the fence on the South line of the Sagarino tract East 1104.5 feet, set an
iron axle at an iron stake driven in the ground the original S.E. corner of the Sagarino
tract and the N.E. comer of Farm Lot No. 30, for a corner of this tract;
Thence with the fence on the West line of Farm Lot No. 35, S 1° 36' E 602.2 feet, set
a Mesquite post 5.8 feet south of fence corner for S.W. corner of Farm Lot No. 35,
and a corner of this tract;
Thence with the South line of Farm Lot No. 35, East 697.2 feet, set an iron axle .5
feet South of the fence from the E.N.E. corner of this tract and the W.N.W. comer
of a tract of 122.5 acres of land belonging to Bessie H. Elder, now Bessie H.
Stillwell;
Thence with the West line of Bessie H. Elder tract South 2567.7 feet to the North line
of 122.5 acres of land belonging to Lura LaGasse, set an Iron Post for S.E. corner of
this tract and the S.W. comer of Bessie H. Elder, tract;
Thence with the North line of the Lura LaGasse tract West at 1795.5 feet set an iron
pipe on East side of Public mad, at 1818.5 feet to center of a public road for the N.W.
comer of Lura LaGasse tract and the S.W. comer of this tract;
Thence with the center of said public road North 3168.7 feet to the place of
beginning;
Being the property conveyed by Deed from Chessie Perkins and husband, L.G. Perkins,
Bessie H. Stillwell (formerly Bessie H. Elder) and husband, H. S. Stillwell, and Lura LaGasse to
Katherine Hutchins dated October 3, 1929, filed for record under Nueces County Clerks File No.
60642 and recorded in Volume 192, Page 70, et seq., in the Deed Records of Nueces County, Texas,
which deed is in correction of the former deed, dated May 31,1928, executed by Annie K. Elder and
the grantors in said correction deed, which former deed is recorded in Volume 179, Page 324 et seq.
of the Deed Records of Nueces County, Texas;
SAVE and EXCEPT the surface estate to a tract of land conveyed by Deed
dated June 7, 1938, executed by W. S. Hutchins and wife, Katherine
Hutchins, as grantors, to M. M. Roden and Nell Roden, as grantee ("Roden
Tract'), recorded in Volume 228, Page 371 et seq. of the Deed Records of
Nueces County, Texas, but which Deed to M. M. Roden and Nell Roden
reserved to W. S. Hutchins and Katherine Hutchins all of the oil, gas, and
other minerals in and to the Roden Tract out of the Clarkwood Road
Property.
SAVE and EXCEPT all other conveyances and easements as shown of record
in Nueces County, Texas.
148132.3