HomeMy WebLinkAbout027960 ORD - 11/18/2008Page 1 of 3
AN ORDINANCE
DISANNEXING FROM THE CITY OF CORPUS CHRISTI, TEXAS,
APPROXIMATELY 27.5438 ACRE TRACT OF LAND OWNED BY
GLADYS V STILLWELL, LOCATED IN NUECES COUNTY, AT
STILLWELL LANE, 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 Gladys V Stillwell, executes a contract for services in lieu of annexation,
attached as Exhibit "A", that an approximately 27.5438 acre tract of land, as described
in the attached Exhibit "B", owned by Gladys V Stillwell, located at Stillwell Lane, 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 27.5438 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
Disannex Ordinance 11142008stillwell.doc
027960
Page 2 of 3
ordinances at two regular meetings so that this ordinancei assed and takes effect
upon first reading as an emergency measure on this the ID'— day of November, 2008.
ATTEST:
Armando Chapa
City Secretary
THE CITY OF CORPUS CHRISTI
enry Garr tt
Mayor
APPROVED: This 15th day of December, 2008:
R. Ja a Ing
Fi As stant C. Attorney
For City Attorney
Disannex Ordinance 11142008stillwell.doc
Page 3 of 3
Corp Christi, Texas/
Day of Nava l , 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: 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,
Respectfully,
H&nry Garret/ Mayor
City of Corpus Christi
Council Members
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
Disannex Ordinance 11142008slillwell.doc
027960
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"), Gladys V. Stillwell,
("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. 8," 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:
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
Kane Contract for Services In Lieu of Annexation -- Lar'-'--- — '"' "^^98.doc
EXHIBIT A
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#8 -- 11142008.doc
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#8 -- 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, attorney's 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#8 -- 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#8 -- 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:
Armando Chapa
City Secretary
LEGAL FORM APPROVED: November
R. Jay Reining
First Assistant City Attorney
For City Attorney
CITY OF CORPUS CHRISTI
'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
By:
Gladys V. Stillwell
Page 6 of 7
Kane Contract for Services In Lieu of Annexation -- Landowner#8 -- 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 Gladys V. Stillwell, 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#8 -- 11142008.doc
TRACT 1
Being a tract situated in Corpus Christi, Nueces County, Texas, a
portion of Lot 31, H.B. Sheppard Farm Lots, a plat of which is re-
corded in Volume A at Page 51 at the Map Records of Nueces County,
Texas, and being more particularly described by metes and bounds
as follows:
BEGINNING at the intersection of the south right-of-way
line of Leopard Street with the most easterly east line
of the heretofore described 58.5758 acre tract, said
point being also the northwest corner of Lot 5, Block
B, Stillwell Addition as shown on the plat recorded in
Volume 30 at Page 60, Map Records of Nueces County,
Texas for the northeast corner of this tract;
THENCE S 0° 00' 51" E along said most easterly east
line of the 58.5758 acre tract and the west line of
Lot 5, Block B, Stillwell Addition, at 686.36 feet
pass the north right-of-way line of a 40 foot wide
roadway and in all a distance of 706.36 feet to a point
on the centerline of said roadway for the southeast cor-
ner of this tract;
THENCE N 89° 59' 45" W along the centerline of said 40
foot wide roadway at 355.85 feet pass the northwest cor-
ner of Lot 28 and the northeast corner of Lot 29, H.B.
Sheppard Farm Lots and in all a distance of 651.87 feet
to a point for the southwest corner of this tract;
THENCE N 0° 06' 30" W a distance of 1008.31 feet to a
point in the south right-of-way line of Leopard Street,
the north line of the 58.5758 acre tract, for the north-
west corner of this tract;
THENCE S 65° 12' 03" E with the south right-of-way line
of Leopard Street and the north line of the 58.5758
acres a distance of 720.00 feet to the POINT OF BEGIN-
NING forming a tract embracing 12.8433 acres.
EXHIBIT A
TRACT 4
Being a tract situated in Corpus Christi, Nueces County, Texas
comprised of portions of Lots No. 26 and 29 of the H.B. Sheppard
Farm Lots, Nueces County, Texas, as shown by map or plat thereof
recorded in Volume A at Page 51, Map Records of Nueces County,
Texas, and -a portion of the previously described 58.5758 acre
tract, and being more particularly described by metes and bounds
as follows:
BEGINNING at a point in the east line of Lot 29, H.B.
Sheppard Farm Lots, said point lying on the centerline
of a 40 foot wide roadway running north and south for
an interior corner of this tract, said point being the
southeast corner of the heretofore described TRACT 3;
THENCE South along the east line of Lots 29 and 26,
H.B. Sheppard Farm Lots on the centerline of the 40
foot wide roadway, at 627.61 feet pass the southeast
corner of Lot 29, the northeast corner of Lot 26, and
in all a distance of 693.37 feet to a point, the most
southerly southeast corner of the 58.5758 acre tract
and the southeast corner of this tract;
THENCE N 89° 59' 45" W across a portion of Lot 26,
H.B. Sheppard Farm Lots on the south line of the
58.5758 acre tract a distance of 922.88 feet to a 1"
iron pipe found, the southwest corner of the 58.5758
acre tract, and the southwest corner of this tract;
THENCE N 0° 06' 30" W along the west line of the 58.5758
acre tract at 65.76 feet cross the north line of Lot 26
and the south line of Lot 29, H.B. Sheppard Farm Lots,
and in all a distance of 693.37 feet to a point, the
southwest corner of the heretofore described TRACT 3
for the northwest corner of this tract;
THENCE S 89° 59' 45" E across a portion of Lot 29, H.B.
Sheppard Farm Lots a distance of 924.19 feet to the
POINT OF BEGINNING forming a tract embracing 14.7005
acres.
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TRACT 1
Being a tract situated in Corpus Christi, Nueces County, Texas, a
portion of Lot 31, N.B. Sheppard Farm Lots, a plat of which is re-
corded in Volume A at Page 51 at the Map Records of Nueces County,
Texas, and being more particularly described by metes and bounds
as follows:
BEGINNING at the intersection of the south right-of-way
line of Leopard Street with the most easterly east line
of the heretofore described 58.5758 acre tract, said
point being also the northwest corner of Lot 5, Block
B, Stillwell Addition as shown on the plat recorded in
Volume 30 at Page 60, Map Records of Nueces County,
Texas for the northeast corner of this tract;
THENCE S 0° 00' 51" E along said most easterly east
line of the 58.5758 acre tract and the west line of
Lot 5, Block 8, Stillwell Addition, at 686.36 feet
pass the north right-of-way line of a 40 foot wide
roadway and in all a distance of 706.36 feet to a point
on the centerline of said roadway for the southeast cor-
ner of this tract;
THENCE N 89° 59' 45" W along the centerline of said 40
foot wide roadway at 355.85 feet pass the northwest cor-
ner of Lot 28 and the northeast corner of Lot 29, H.B.
Sheppard Farm Lots and in all a distance of 651.87 feet
to a point for the southwest corner of this tract;
THENCE N 0° 06' 30" W a distance of 1008.31 feet to a
point in the south right-of-way line of Leopard Street,
the north line of the 58.5758 acre tract, for the north-
west corner of this tract;
THENCE S 65° 12' 03" E with the south right-of-way line
of Leopard Street and the north line of the 58.5758
acres a distance of 720.00 feet to the POINT OF BEGIN-
NING forming a tract embracing 12.8433 acres.
EXHIBIT 6
TRACT 4
Being a tract situated in Corpus Christi, Nueces County, Texas
comprised of portions of Lots No. 26 and 29 of the H.B. Sheppard
Farm Lots, Nueces County, Texas, as shown by map or plat thereof
recorded in Volume A at Page 51, Map Records of Nueces County,
Texas, -and -a -portion of the previously described 58.5758 acre
tract, and being more particularly described by metes and bounds
as follows:
BEGINNING at a point in the east line of Lot 29, H.B.
Sheppard Farm Lots, said point lying on the centerline
of a 40 foot wide roadway running north and south for
an interior corner of this tract, said point being the
southeast corner of the heretofore described TRACT 3;
THENCE South along the east line of Lots 29 and 26,
H.B. Sheppard Farm Lots on the centerline of the 40
foot wide roadway, at 627.61 feet pass the southeast
corner of Lot 29, the northeast corner of Lot 26, and
in all a distance of 693.37 feet to a point, the most
southerly southeast corner of the 58.5758 acre tract
and the southeast corner of this tract;
THENCE N 89° 59' 45" W across a portion of Lot 26,
H.B. Sheppard Farm Lots on the south line of the
58.5758 acre tract a distance of 922.88 feet to a 1"
iron pipe found, the southwest corner of the 58.5758
acre tract, and the southwest corner of this tract;
THENCE N 0° 06' 30" W along the west line of the 58.5758
acre tract at 65.76 feet cross the north line of Lot 26
and the south line of Lot 29, H.B. Sheppard Farm Lots,
and in all a distance of 693.37 feet to a point, the
southwest corner of the heretofore described TRACT 3
for the northwest corner of this tract;
THENCE S 89° 59' 45" E across a portion of Lot 29, H.B.
Sheppard Farm Lots a distance of 924.19 feet to the
POINT OF BEGINNING forming a tract embracing 14.7005
acres.
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