HomeMy WebLinkAbout031145 ORD - 05/16/2017 ORDINANCE
DISANNEXING FROM THE CITY OF CORPUS CHRISTI, TEXAS, AN
APPROXIMATELY 3.41-ACRE TRACT OF LAND OWNED BY BASIC EQUIPMENT
COMPANY AND LOCATED IN NUECES COUNTY; ADJUSTING THE CITY
BOUNDARIES; AMENDING ORDINANCE NO. 029958 BY ADJUSTING THE
BOUNDARY OF THE CITY'S INDUSTRIAL DISTRICT NO. 1 TO INCLUDE THE
DISANNEXED TRACT; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH BASIC EQUIPMENT
COMPANY, REQUIRING THE PAYMENT OF 100 PERCENT OF THE AD VALOREM
TAXES THAT WOULD BE DUE IF THE TRACT WAS IN CITY LIMITS, AND TO FILE
THE INDUSTRIAL DISTRICT AGREEMENT IN THE OFFICIAL RECORDS OF
NUECES COUNTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR
SEVERANCE.
WHEREAS, under Texas Local Government Code Chapter 42, Section 42.044, the
Governing body of any city has the right, power and authority to designate any part of the
area located in its extraterritorial jurisdiction as an Industrial District, 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 in the extraterritorial jurisdiction of a city to guarantee the continuation of the
extraterritorial status of such land, and immunity from annexation by the city for a period
of time, and other such terms and considerations as the parties might deem appropriate;
and
WHEREAS, it is the established policy of the City Council of the City of Corpus Christi,
Texas (the " City"), to adopt reasonable measures permitted by law that 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 existing industries therein as being in the best
interest of the City and its citizens; and
WHEREAS, under said policy and the provisions of Section 42.044, Texas Local
Government Code, the City of Corpus Christi has enacted Ordinance No. 15898,
approved November 26, 1980, as amended, indicating its willingness to enter into
industrial district agreements with industries located within its extraterritorial jurisdiction
and designating the specified land areas as Corpus Christi Industrial Development Area
No. 1 and Corpus Christi Industrial Development Area No. 2; and
WHEREAS, in order to correct certain boundary issues and to authorize new industrial
district agreements to replace those that were about to expire, the City of Corpus Christi
has enacted Ordinance No. 029958, approved September 17, 2013, which reestablished
the boundaries of the land areas known as Corpus Christi Industrial Development Area
No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas
Page 1 of 4
031 145
INDEXED
"Industrial District No. 1 and Industrial District No. 2", herein collectively called "Industrial
Districts;" and
WHEREAS, Basic Equipment Company ("Basic") wishes to have a certain parcel that it
owns added to an Industrial District Agreement ("IDA") with the City in order to have
consistent regulations governing its adjacent property inside the current boundaries of
Industrial District Number 1 ("IDI"); and
WHEREAS, in order to add the parcels owned by Basic to ID1, the City must disannex
these parcels from the City boundaries, as authorized by Texas Local Government Code
Section 43.142 and Article 1, Section 2 of the City Charter, and adjust the boundaries of
IDI to include those parcels; and
WHEREAS, Basic has agreed to enter into an IDA pertaining to the parcel that will commit
to paying 100 percent of ad valorem taxes that would be due for the parcel if it was inside
city boundaries, and the City Council has determined that this arrangement would best
serve the public's health, necessity, and convenience and the general welfare of the City
and its citizens.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The findings contained in the preamble of this Ordinance are determined to
be true and correct and are hereby adopted as a part of this Ordinance.
SECTION 2. An approximately 3.41-acre tract of land owned by Basic and located in
Nueces County is disannexed from the City of Corpus Christi, Texas city limits and
boundaries depicted and described in the attached Map and Metes and Bounds
Describing Tract A.
SECTION 3. The boundaries of the City of Corpus Christi, Texas are adjusted to exclude
that property comprising the above referenced tract of land.
SECTION 4. Ordinance 029958, is amended by replacing that portion of Exhibit A of
Ordinance 029958, which lays out the boundaries of Industrial District No. 1, with the
attached Map and Metes and Bounds Showing the Boundary of Industrial District
No. 1. That portion of Exhibit A laying out the boundaries of Industrial District No. 2 shall
remain the same. Ordinance 029958 as amended is re-authorized.
SECTION 5.The City Council approves and authorizes the City to enter into the attached
Industrial District Agreement No. 7B with Basic, which requires Basic to pay 100
percent of the ad valorem taxes that would be due for the tract if it was inside the city
boundaries, and to file such agreement in the official records of Nueces County. The City
Manager, or designee, is hereby authorized to execute such documents and all related
documents on behalf of the City of Corpus Christi. The City Secretary is hereby authorized
to attest to all such signatures and to affix the seal of the City to all such documents.
Page 2 of 4
SECTION 6. If Section 4, Section 5, or the attached Industrial District Agreement No.
7B is held invalid or unconstitutional by final judgment of a court of competent jurisdiction,
then this ordinance shall be void and no longer in effect. If any other 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 judgment shall
not affect any other section, paragraph, subdivision, clause, phrase, word or provision of
this ordinance.
SECTION 8. 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.
•
Page 3 of 4
That the foregoing orc Ince was rh.• for the first time and passed to its second
reading on this the ay of by the following vote:
Mayor VOleaAj
Rudy Garza Ben Molina
Paulette Guajardo i ' Lucy Rubio
Michael Hunter , Greg Smith 4
. _
Joe McComb (4Carolyn Vaughn i
That the foregoing ordinanread f
ce was or the second time and passed finally on this
the , U --
ay of " fl , 4.01 1 , by the following vote:
Mayor VacaA'
Rudy Garza I_ , _ Ben Molina
Paulette Guajardo / / Lucy Rubio
IA 4Michael Hunter �, Greg Smith
Joe McComb `}4 / Carolyn Vaughn
PASSED AND APPROVED, this the icy th day of , Zo[7
ATTEST: `
I' D`C-1.--C-0-7 °. Hl ,x14 -t ' CReecca Huerta Mayor
City Secretary
3 1 1 1 5 Page 4 of 4
Attachment to Ordinance Creating IDA 7B — Basic Equipment Co.
Section 2 Attachment—
Map and Metes and Bounds Describing Tract A
LEGAL DESCRIPTION BY METES AND BOUNDS OF LOT 1, BLOCK 3,
INTERSTATE INDUSTRIAL COMPLEX, CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, AS SHOWN ON THE PLAT RECORDED IN VOLUME 32,
PAGE 36, OF THE MAP RECORDS OF NUECES COUNTY
Beginning at a point on the east right of way line of Corn Products Road, S 80°5125" E
for 519.65 feet, to a 4-inch iron pipe;
thence S 00°39'47" E for 300 feet, to a one-inch iron pipe and the north right of way of
IH-37;
thence N 80°51'04" W for 419.25 feet to a concrete marker;
thence N 40°47'09" W for 153.09 feet to a concrete marker on the east right of way of
Corn Products Road;
thence N 0Q°44'41" W for 200 feet back to the point of beginning.
Proposed Disannexation
ICL
INDUSTRIAL!DISTRICT'NUMBER%ONE
ICL
Proposed Disiannexation Area
0.125
0.25
City.�imit Cine
/H 37 Fwy
9
O,p
1
44,
1111/0
0.5
Miles
DAM
G
O
it
SKYLINE DR
111
HORIZON DR
IP
1 111111
AIRSTREAM DR
IH 37 714/1,
ICL = Inside City Limits
OCL = Outside City Limits
Disannexation Boundary
Proposed Disannexation Area:
3.41 Acres
ICL
INDUSTRIAL!DISTRICT'NUMBER%ONE
ICL
Proposed Disiannexation Area
0.125
0.25
City.�imit Cine
/H 37 Fwy
9
O,p
1
44,
1111/0
0.5
Miles
DAM
G
O
it
SKYLINE DR
111
HORIZON DR
IP
1 111111
AIRSTREAM DR
IH 37 714/1,
ICL = Inside City Limits
OCL = Outside City Limits
Disannexation Boundary
Proposed Disannexation Area:
3.41 Acres
Attachment to Ordinance Creating IDA 7B — Basic Equipment Co.
Section 4 Attachment-
Map and Metes and Bounds Describing New Industrial
District 1
Corpus Christi Industrial District No.1
Approximately 9,778 Acres within Nueces County,Texas,outside the city limits of the City of Corpus Christi and
generally bounded on the southwest by the northeast right-of-way of Interstate Highway No.37,on the north by
the south shoreline of the Nueces River and Nueces Bay,on the West by the East right-of-way of Carbon Plant
Road(Joe Fulton Corridor)from Interstate Highway No.37 to McKinzie Lane and the north right-of-way of
McKinzie Lane from the east right-of-way of Carbon Plant Road to the east property line of the City's Allison
Wastewater Treatment Plant and along the east property line of the City's Allison Wastewater plant from
McKinzie Lane to the Nueces River.
1) BEGINNING at the northeast corner of Tract"B",Nueces View Tracts as recorded in Volume 28, Page
64 of the Map Records of Nueces County,TX,same being the northeast corner of the City's Allison
Wastewater Treatment Plant;
2) THENCE in an easterly direction with the meanders of the south shoreline of the Nueces River and
Nueces Bay to the northwest corner of Block 1,Lot 150 of the Porto Bello Subdivision as recorded in
Volume 47, Pages 144-145 of the Map Records of Nueces County,Texas;
3) THENCE southwesterly along the westerly boundary line of the Porto Bello Subdivision to the
southwesterly corner of Lot 1, Block 1;
4) THENCE southeasterly along the southerly boundary line of said Lot 1 to the current City Limits of the
City of Corpus Christi;
5) THENCE southwesterly along said City Limit line to a point where the centerline of Avenue"F"
intersects the northerly right-of-way line of Burleson Street;
6) THENCE northwesterly along the north right-of-way of Burleson Street to the southwesterly boundary
line of Lot 1, Block 174 of the Brooklyn Addition as recorded in Volume A, Page 32 of the Map Records
of Nueces County,Texas;
7) THENCE northeasterly through said Block 174 to the northwesterly corner of Lot 11:
8) THENCE southeasterly along the northeasterly boundary line of said Lot 11 to the northeasterly corner
thereof;
t
9) THENCE northeasterly along the northwesterly right-of-way line of Avenue"H"to a point on the
northerly boundary line of a 6.19 Acre Tract of land known as Tract"A"of the Brooklyn Acreage;
10)THENCE northwesterly along the northeasterly boundary of said Tract"A"to the northwesterly corner
thereof;
11)THENCE southwesterly along the westerly boundary of said Tract"A" and the continuation thereof to
the southerly right-of-way of Burleson Street;
12)THENCE southeasterly along the southerly right-of-way of Burleson Street to the centerline of Avenue
"F";
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13)THENCE southwesterly along the centerline of said Avenue "F"and the extension thereof to a point on
the original City Limit line as surveyed by C.F. H.Von Blucher in August, 1883;
14)THENCE westerly along said original City Limit line to the northwest corner thereof;
15)THENCE southerly continuing along said original City Limit line to the north corner of a 13.602 acre
tract annexed by City Ordinance#022441;
16) THENCE around said 13.602 acre tract:
a. 531°41145"W a distance of 1257.54'to a point on the northwesterly right-of-way line of the
Missouri Pacific railroad;
b. 561°27'47"E along said right-of-way a distance of 290.36'
c. 561°23'34"E continuing along said right-of-way a distance of 175.07'
d. 531°15'00"W crossing said right-of-way a distance of 130.06'to a point;
e. S61°23'30"E a distance of 87.35'to a point;
f. 531°41'45"W a distance of 159.95'to a point;
g. 558°18'15"E a distance of 416.24'to a point on said original City Limits;
17)THENCE southerly continuing along said original City Limit line to the north corner of a 0.0018 acre
tract annexed by City Ordinance#022441;
18) THENCE around said 0.0018 acre tract:
a. S27°34'30"W a distance of 16.58'to a point;
b. 558°18'14"E a distance of 9.37'to a point on said original City Limits;
19)THENCE southerly continuing along said original City Limit line to a point on the northwesterly right-of-
way line of Nueces Bay Boulevard;
20)THENCE southwesterly along the northwesterly right-of-way line of Nueces Bay Boulevard to the
easterly corner of Tract 1, Pontiac Tracts as recorded in Volume 57 Page 64 of the Map Records of
Nueces County,Texas;
21)THENCE around said Tract 1:
a. N55°55'22"W a distance of 300.09'to a point at the northerly corner thereof;
b. S31°15'00"W a distance of 171.81'to an angle point therein;
c. 534°59'12"W a distance of 98.43'to a point at the westerly corner thereof, being on the
northeasterly boundary line of the Baymoor Addition as recorded in Volume 4,Page 42 of the
Map Records of Nueces County,Texas;
22)THENCE northwest along the northeasterly boundary line of said Baymoor Addition to the northwest
corner of Lot 205,same point being a northerly corner of Tract"H"of the Pontiac Tracts as recorded in
Volume 55, Page 135 of the Map Records of Nueces County,Texas;
23)THENCE S22°42'30"W along said Tract"H"a distance of 31.49'to an angle point therein;
24)THENCE northwesterly,with the northerly line of said Tract"H"and the northerly line of a 4.90 acre
tract referred to as Tract 1 in plat of Southwestern Oil and Refining Company Tracts 1,2,and 3
recorded in Volume 28,Page 1, Map Records of Nueces County,Texas,to the northwest corner of
Southwestern Oil and Refining Company Tract 1-R,recorded in Volume 39,Page 89,Map Records of
Nueces County,Texas,for a corner of this tract;
2
25)THENCE S 32°47'27"W,with the west boundary of said Tract 1-R and crossing said 4.90 acre tract,
385.05 feet to a corner of this tract,the same being the southwest corner of said Tract 1-R said corner
lying on the southwest boundary of said 4.90 acre tract,the same being the northeast right-of-way line
of the now closed Huisache Street;
26)THENCE N 56°21'30"W,with the southwest boundary of said 4.90 acre tract,the same being the
former northeast right-of-way line of Huisache Street,328.01 feet the east right-of-way of Buddy
Lawrence Drive for a corner of this tract;
27)THENCE N 01'41'30"W,with the west boundary of said 4.90 acre tract,the same being the east right-
of-way line of Buddy Lawrence Drive,435.75 feet,to the northwest corner of said 4.90 acre tract;
28) THENCE northwesterly,crossing Buddy Lawrence to the present west right-of-way of said Buddy
Lawrence Drive;
29)THENCE S 00-29-49 E with the west right-of-way line of Buddy Lawrence Drive, 752.65 feet,to a corner
of this tract and the southeast corner of Lot 1C, Block 1,Driscoll Village recorded in Volume 14, Page
59, Map Records of Nueces County,Texas;
30)THENCE S 88-18-30 W with the south boundary of said Lot 1C,78.06 feet, to a corner of this tract and a
common corner of Lots IB and 1C of said Driscoll Village;
31)THENCE N 59-45-00 W with a south boundary of this tract,at 78.06 feet pass the southwest corner of
said Lot 1B, being on the southeast right-of-way line of the now closed portion of Erwin Avenue,in all
128.06 feet,to an interior corner of this tract,said corner being south corner of Lot 16 and the east
corner of Lot 17,Block 4 of the aforementioned Oak Lawn Subdivision;
32)THENCE S 30-15-00 W with the northwest right-of-way of Erwin Avenue, 150.00 feet,to the south
corner of Lot 19 and the east corner of Lot 20 of said Block 4;
33)THENCE N 59-45-00 W, 140.00 feet,to a common corner of Lots 3,4, 19 and 20 of said Block 3;
34)THENCE S 30-15-00 W,50.00 feet,to a common corner of Lots 2,3,20 and 21 of said Block 3;
35)THENCE N 59-45-00 W,at 140.00 feet pass the southeast right-of-way of Oak Park Avenue,in all
210.00 feet to a corner being on the northwest right-of-way line of Oak Park Avenue and being the
south corner of Lot 20 and the east corner of Lot 21,Block 1,Oak Lawn Subdivision;
36) THENCE 5 30-04-31 W,50.11 feet,to the common corner of Lots 21 and 22 at the northwest right-of-
way of Oak Park Avenue;
37)THENCE N 59-45-02 W, 139.61 feet,to the common corner of Lots 1,2,21,and 22;
38)THENCE S 30-19-42 W,62.48 feet,to the south corner of Lot 1 and the west corner of Lot 22 being on
the northeast right-of-way line of Ash Street;
39)THENCE N 59-49-29 W,at 140.00 feet pass the west corner of Lot I being at the intersection of the
northwest right-of-way line of Ash Street with the southeast right-of way line of Retama Avenue,at
3
167.50 feet leave Oak Lawn Subdivison and enter Grace Heights Addition, in all 195.76 feet to the
south corner of intersection of the northwest right-of-way line of Retama Avenue with the northeast
right-of-way line of the now closed Ash Street;
40)THENCE S 29-28-54 W with the northwest right-of-way line of Retama Avenue,at 27.50 feet leave
Grace Heights Addition and enter Oak Park Addition,in all 170.14 feet,to the south corner of Lot 11
and the east corner of Lot 10, Block 17,Oak Park Addition;
41)THENCE N 59-42-06 W, 127.00 feet,to the common corner of Lots 2,3, 10 and 11,of said Block 17;
42) THENCE S 29-28-54 W, 120.00 feet,to the common corner of Lots 4,5,8 and 9,of said Block 17;
43)THENCE N 59-42-06 W,at 127.00 feet pass the north corner of said Lot 5,the same being the west
corner of said Lot 4,in all 177.00 feet,to the south corner of Lot 9 and the east corner of Lot 8, Block
16;
44)THENCE S 29-28-54 W,S9.97 feet,to the south corner of said Lot 8 and the east corner of Lot 7;
45)THENCE N 58-37-09 W, 122.50 feet,to the common corner of Lots 5,6,7 and 8;
46)THENCE S 30-52-24 W, 60.00 feet,to the south corner of said Lot 6 and west corner of Lot 7;
47)THENCE N 59-42.06 W,at 129.13 feet pass the west corner of said Lot 6, in all 179.13 feet to the south
corner of Lot 7, Block 15,Oak Park Addition;
48)THENCE S 30-47-47 W,at 50.00 feet pass the east corner of Lot 7,Block 12,Oak Park Addition, in all
108.07 feet,to the south corner of Lot 7 and the east corner of Lot 6;
49)THENCE N 59-37-15 W, 126.31 feet,to the north corner of said Lot 6 and the west corner of Lot 7,said
corner being on the southeast boundary of Lot 8;
50) THENCE S 30-01-38 W,25.00 feet,to a corner being on the common boundary between said Lots 7 and
8;
51)THENCE N 59-12-54 W,63.51 feet,to a corner being on the common boundary of Lots 8 and 1, Block
12,Oak Park Addition;
52)THENCE S 30-01-38 W, 17.82 feet,to the common corner of Lots 1,2,3 and 8.
53)THENCE N 59-12-54 W,68.39 feet, to the west corner of Lot 1 and the north corner of Lot 2,said
corner being on the southeast right-of-way line of Poth Lane;
54) THENCE N 30-47-06 E with the east right-of-way line of Poth Lane at 540.32 leave Oak Park Addition
and enter Grace Heights Addition,in all 1017.99 feet to the north corner of Lot 39, Block 1,Grace
Heights Addition being on the south boundary of Harbor View Estates;
55)THENCE S 59-12-54 E, 104.00 feet,to the south corner of Lot 11, Block C,Harbor View Estates;
56)THENCE N 30-47-06 E, 122.50 feet,to the east corner of Lot 7, Block C,Harbor View Estates;
4
57) THENCE N 59-12-54 W, 104.00 feet,to the north corner of said Lot 7,said corner being on the
southeast right-of-way line of Path Lane;
58)THENCE N 30-47-06 E,50.00 feet,to the west corner of Lot 15,Block D, Harbor View Estates;
59) THENCE S 59-12-54 E, 104.00 feet,to the south corner of said Lot 15;
60) THENCE N 30-47-06 E,379.72 feet,to the east corner of Lot 1,Block D, Harbor View Estates;
61)THENCE N 59-12-54 W, 104.00 feet,to the north corner of said Lot 1 being on the southeast right-of-
way line of Poth Lane;
62)THENCE N 30-47-06 E,50.00 feet,to the west corner of Lot 23,Block M, Harbor View Estates;
63)THENCE S 59-12-54 E, 104.00 feet,to the south corner of said Lot 23;
64)THENCE N 30-47-06 E,51.80 feet,to the east corner of Lot 22 and south corner of Lot 21;
65)THENCE N 59-12-54 W, 104.00 feet,to the west corner of said Lot 21 and the north corner of said Lot
22 on the southeast right-of-way of Poth Lane;
66)THENCE N 30-47-06 E, 100.00 feet,to the west corner of Lot 17 and north corner of Lot 18,Block M,
Harbor View Estates;
67) THENCE S 59-12-54 E, 104.00 feet,to the south corner of Lot 17 and the east corner of Lot 18;
68)THENCE N 30-47-06 E,50.00 feet,to the south corner of Lot 15 and the east corner of Lot 16, Block M,
Harbor View Estates;
69) THENCE N 59-12-54 W,104.00 feet,to the west corner of Lot 15 and the north corner of Lot 16 being
on the southeast right-of-way line of Poth Lane;
70) THENCE N 30-47-06 E,355.30 feet,to the place of beginning and containing 54.27 acres of land,more
or less;
71)THENCE southeasterly with a curve to the left having a radial bearing of N 30-55-31 E,300.07 feet,a
central angle of 20-17-23,a radius of 300.07 feet,a length of 106.26 feet,to a corner of this tract being
the east corner of said Lot 1 and the north corner of Lot 50,Block M;
72)THENCE S 30-47-06 W with the northwest boundary of said Lot 50,73.79 feet,to an interior corner of
this tract,said interior corner being the west corner of said Lot 50 and a common corner to Lots 3,4,
and 44, Block M;
73)THENCE S 59-12-54 E,50.00 feet,to an interior corner of this tract,said corner being the south corner
of Lot 49 and the west corner of Lot 48,Block M;
74)THENCE N 30-47-06 E,at 92.95 feet pass the north corner of said Lot 48,the same being the former
south right-of-way line of Gibson Street, in all 123.32 feet to the beginning of a curve to the right;
S
75) THENCE with said curve to the right and with the north boundary of this tract,said curve having a
radial bearing of S 16-55-32 W,239.50 feet,a central angle of 14-00-05,a radius of 239.50 feet,a
length of 58.53 feet;
76)THENCE northwesterly along the northerly boundary line of said Harbor View Estates and the
extension thereof, partially along the centerline of Gibson Street,to a point on the west right-of-way
line of Poth Lane;
77)THENCE northeasterly along the west right-of-way line of Poth Lane to the northeasterly corner of land
of Magellan Terminal Holdings, LP as described in Documents#2004020907 and#1999033783 of the
Official Public Records of Nueces County,Texas;
78)THENCE northwesterly along the northeasterly boundary line of said Magellan Terminal Holdings LP to
a point on the southerly right-of-way line of the Missouri Pacific Railroad;
79)THENCE southwesterly along said southerly right-of-way line to the northwesterly boundary line of said
Magellan Terminal Holdings, LP to a point;
80)THENCE southwesterly along the westerly boundary line of said Magellan Terminal Holdings, LP to a
point where the northwesterly boundary line of Country Club Place as recorded in Volume 4,Page 3 of
the Map Records of Nueces County,Texas,meets the northerly right-of-way line of Interstate Highway
37;
81)THENCE northwesterly along said northerly right-of-way to its intersection with the northeasterly right-
of-way line of Up River Road (Shell Road);
82)THENCE northwesterly along said northeasterly right-of-way of Up River Road to the southeasterly
corner of Lot 3,Navigation Heights Annex#3 as recorded in Volume 40,Page 119 of the Map Records
of Nueces County,Texas;
83) THENCE around said Lot 3:
a. N36°17'20"E a distance of 177.95'to a point at the northeasterly corner thereof;
b. N53°38'30"W a distance of 186.97'to the northwesterly corner thereof;
c. S18°33'30"W a distance of 176.57'to the northeasterly right-of-way of Up River Road;
84)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly right-
of-way line of Cantwell Lane;
85)THENCE northeasterly along said easterly right-of-way to its intersection with the extension of the
northerly boundary line of a 3.37 Acre tract of land out of Share 3A of the Kaler Tract"D" (unrecorded
plat)
86)THENCE northwesterly across said right-of-way and along the northerly boundary line of said 3.37 Acre
Tract(tax ID3875-0003-0140)to the northwesterly corner thereof;
87)THENCE southwesterly along the westerly boundary line of said 3.37 Acre Tract and of Share 2A, F.H.
Kaler Partition as shown on plat thereof recorded in Volume 9, Page 58 of the Map Records of Nueces
County,Texas,to a point on the northeasterly right-of-way line of Up River Road;
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88)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the easterly
extension of a right-of-way to a 1 Acre tract of land out of Lot 1, Block 1,Coastal Javelina Addition as
recorded in Volume 54,Page 56 of the Map Records of Nueces County,Texas,said 1 Acre tract
described by metes and bounds in City Ordinance#028451;
89)THENCE southwesterly across said Up River Road and along said easterly right-of-way line to the north
boundary line of said 1 Acre tract(not platted,see tax ID 1661-0001-0012 and Document#2013013372
of the Official Public Records of Nueces County,Texas);
90)THENCE easterly,southerly,westerly,and northerly around said 1 Acre tract to the southerly right-of-
way serving said tract;
91) THENCE westerly along said southerly right-of-way line to the west boundary line of said Lot 1, Block 1;
92) THENCE northeasterly along said west boundary line of said Lot 1,Block 1 and the extension thereof to
a point on the northeasterly right-of-way line of Up River Road;
93)THENCE northwesterly along said northeasterly right-of-way line of Up River Road to the westerly
extension of the right-of-way line of County Road 52A;
94)THENCE southwesterly across said Up River Road and along said westerly right-of-way line of County
Road 52A to its terminus;
95)THENCE southeasterly along said right-of-way and along the southerly boundary of a 13.28 Acre tract
out of the Ohler Tract of the Dunn Tract and described in Document#2004014391 of the Official Public
Records of Nueces County,Texas,to a point on the northwesterly boundary line of Block 8,Academy
Heights Unit 1 as recorded in Volume 26, Page 85 of the Map Records of Nueces County,Texas;
96)THENCE southwesterly along said northwesterly boundary line of Academy Heights Unit 1 and along
the northwesterly boundary line of Academy Heights Unit 2 as recorded in Volume 42,Page 188 of the
Map records of Nueces County,Texas to a point on the northerly right-of-way line of Interstate
Highway 37;
97)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeasterly
boundary line of Lot 1, Block 3 of the Interstate Industrial Complex as recorded in Volume 32,Page 36
of the Map Records of Nueces County,Texas;
98)THENCE with said Lot 1:
a. N80°51'04"W along the northerly right-of-way line of Interstate Highway 37 a distance of 419.25'
to a point at the southwesterly corner thereof;
b. N40°47'09"W a distance of 153.09'to the east right-of-way of Valero Way(Corn Products Road)
where it meets the northerly right-of-way of Interstate Highway 37;
99)THENCE northwesterly crossing said Valero Way(Corn Products Road)and continuing along said right-of-
way line of Interstate Highway 37 to the southwesterly boundary line of Lot 15,Block 1 of the Interstate
Industrial Complex Unit 1 as recorded in Volume 34, Page 24 of the Map Recoded of Nueces County,Texas;
100)THENCE northwesterly along the east right-of-way line of Complex Boulevard to the southwesterly
boundary line of Lot 16, Block 1 of said Interstate Industrial Complex;
7
101)THENCE northeasterly along the southeasterly boundary line of said Lot 16 to the southeast corner
thereof;
102)THENCE northerly along the easterly boundary line of said Block 1 to the midpoint of Lot 19;
103)THENCE westerly along said midpoint of Lot 19 and extending across Complex Boulevard to a point on the
west right-of-way thereof;
104)THENCE southerly along the west right-of-way of Complex Boulevard to a point on the northerly right-of-
way of Interstate Highway 37;
105)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way of
Southern Minerals Road;
106)THENCE northerly along the east right-of-way line of Southern Minerals Road to the southerly right-of-
way line of Up River Road;
107)THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly corner of
Lot 1,Block 1 of the Missouri Pacific Industrial Area as Recorded in Volume 52,Page 83 of the Map Records
of Nueces County,Texas;
108)THENCE around said Lot 1:
a. S01°26'W a distance of 437.96'to a point at the southwesterly corner thereof;
b. S54°44'45"E a distance of 172.72'to the southeasterly corner thereof;
c. N01°26'W a distance of 507.96'to a point on the south right-of-way line of Up River Road;
109)THENCE southeasterly along the south right-of-way line of Up River Road to the northwesterly corner of a
3.75 Acre tract of land described in Document#200100777 of the Official Public Records of Nueces County,
Texas;
110)THENCE around said tract southerly,southeasterly,and northerly,crossing Up River Road to a point on
the north right-of-way thereof;
111)THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west
right-of-way line of Southern Minerals Road;
112)THENCE southerly along the west right-of-way of Southern Minerals Road to a point on the northerly
right-of-way of Interstate Highway 37;
113)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southerly corner of Lot
7,Block 1,Goldston Addition as Recorded in Volume 55,Page 87 of the Map Records of Nueces County,
Texas;
•
114)THENCE around said Lot 7 northerly,westerly,and southerly to a point on the north right-of-way line of
Interstate Highway 37;
115)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the easterly right-of-way
line of Hunter Road;
8
116)THENCE northerly along the east right-of-way line of Hunter Road to the southwesterly corner of a tract of
land described in Document#2012022560 of the Official Public Records of Nueces County,Texas(Tax ID
0272-0100-0300);
117)THENCE easterly along the south boundary line of said tract to the southeast corner thereof;
118)THENCE northerly along the east boundary line of said tract and along the east boundary line of a tract of
land described in Document#2012022560 of the Official Public Records of Nueces County,Texas(Tax ID
0272-0100-0200);
119)THENCE northwesterly and westerly along the north boundary line of said tract to the east right-of-way
line of Hunter Road;
120)THENCE northerly along the east right-of-way line of Hunter Road to its intersection with the south right-
of-way line of Up River Road;
121)THENCE southeasterly along the south right-of-way line of Up River Road to the northwest corner of Lot 3,
P.V.Alexander as shown on Volume 34, Page 18 of the Map Records of Nueces County,Texas;
122)THENCE southwesterly along the west boundary line of said Lot 3 to the southwest corner thereof;
123)THENCE southeasterly along the southwest boundary line of said tract and along the southwest boundary
line of a tract of land described in Document#2012022560 of the Official Public Records of Nueces County,
Texas(Tax ID 0272-0100-0000);
124)THENCE easterly along the southerly boundary line of boundary line of a tract of land described in
Document#2012022560 of the Official Public Records of Nueces County,Texas(Tax ID 0272-0100-0400);
125)THENCE northerly along the east boundary line of said tract and crossing Up River Road to a point on the
north right-of-way thereof;
126)THENCE northwesterly along the north right-of-way line of Up River Road to its intersection of the west
right-of-way line of Hunter Road;
127)THENCE southerly crossing Up River Road and along the west right-of-way line of Hunter Road to its
intersection with the north right-of-way line of Interstate Highway 37;
128)THENCE northwesterly along said right-of-way line of Interstate Highway 37 to the southeast corner of Lot
1,Block 1,Hunter Industrial Park as recorded in Volume 43, Page 128 of the Map Records of Nueces
County,Texas;
129)THENCE northerly along the east boundary line of said Lot 1 to its intersection with the south right-of-way
line of Up River Road;
130)THENCE northwesterly along the south right-of-way line of Up River Road to its intersection of the west
right-of-way line of Suntide Road;
131)THENCE northwesterly crossing Up River Road to the intersection of the west right-of-way line of Suntide
Road meets the north right-of-way of Up River Road;
9
132)THENCE southeasterly crossing Suntide Road to the intersection of the east right-of-way line of Suntide
Road meets the north right-of-way of Up River Road;
133)THENCE northerly along the east right-of-way line of Suntide Road to the southwest corner of an
unplatted tract of land described in Document#946716 of the Official Public Records of Nueces County,
Texas(Tax ID 0267-0002-0000);
134)THENCE around said tract easterly, northerly,and westerly crossing Suntide road to a point on the west
right-of-way line thereof;
135)THENCE southerly along the west right-of-way line of Suntide Road to the northeast corner of West End
Heights as recorded in Volume 15, Page 4 of the Map Records of Nueces County,Texas;
136)THENCE around said West End Heights:
a. S89°35'W a distance of 574.53'to a point at the northwest corner thereof;
b. S00°25'E a distance of 927.92'to the southwest corner thereof,being on the northeast right-of-way
of Up River Road;
137)THENCE southeasterly along the northeast right-of-way line of Up River Road to the extension of the
easterly boundary line of an unplatted tract of land described in Document#2010040428 of the Official
Public Records of Nueces County,Texas(Tax ID 7946-0000-3715);
138)THENCE southerly,crossing said Up River Road,and along the east boundary line of said unplatted tract to
the southeast corner thereof;
139)THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted
tract of land described in Document#978850 of the Official Public Records of Nueces County,Texas(Tax ID
7946-0000-3710)to the southwest corner thereof;
140)THENCE northerly along the west boundary line of said tract and the east boundary line of Tuloso Road
Subdivision as recorded in Volume 13, Page 23 of the Map Records of Nueces County,Texas to the
northeasterly corner thereof;
141)THENCE northeasterly crossing Up River road to the southeasterly corner of an unplatted tract of land
described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID 0265-
0040-0100)to the southeast corner thereof;
142)THENCE northwesterly along the northeasterly right-of-way of Up River Road to its intersection with the
northerly extension of the westerly right-of-way of Tuloso Road;
143)THENCE southwesterly crossing Up River road to the northeasterly corner of Lot 1,Block 1,Covington
Industrial Tracts recorded in Volume 46,Page 11 of the Map Records of Nueces County,Texas;
144)THENCE around said Covington Industrial Tract:
a. S00°03'14"W along the westerly right-of-way line of Tuloso Road a distance of 487.74'to a point at
the southeasterly corner thereof;
b. N66°08'W a distance of 363.81'to the southwesterly corner thereof;
c. N00°03'14"E a distance of 505.18'to a point on the southeasterly right-of-way of Up River Road;
10
145)THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner
of an unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces
County,Texas(Tax ID 7946-0000-3920);
146)THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner
thereof;
147)THENCE northwesterly along the southwest boundary line of said unplatted tract and of an unplatted
tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas
(Tax ID 7946-0000-0410)to the southwest corner thereof;
148)THENCE southerly along the easterly boundary line of an unplatted tract of land described in Document
#2004031460 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3641)to the
southeast corner thereof;
149)THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest
boundary line of said unplatted tract to the southwesterly corner thereof;
150)THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of
land described in Document#2004031460 of the Official Public Records of Nueces County,Texas(Tax ID
7946-0000-4030)to the northwest corner thereof;
151)THENCE northwesterly along the southeast right-of-way line of Up River Road to the northeasterly corner
of an unplatted tract of land described in Document#2007056023 of the Official Public Records of Nueces
County,Texas(Tax ID 7946-0000-3505);
152)THENCE southerly along the easterly boundary line of said unplatted tract to the southeast corner
thereof;
153)THENCE northwesterly along the northeasterly right-of-way of Interstate Highway 37 and the southwest
boundary line of said unplatted tract and of an unplatted tract of land described in Document
#2007056023 of the Official Public Records of Nueces County,Texas(Tax ID 7946-0000-3510)and of an
unplatted tract of land described in Document#2010040428 of the Official Public Records of Nueces
County,Texas(Tax ID 8057-0000-0011)to the southwest corner thereof;
154)THENCE northerly along the westerly boundary line of said unplatted tract and of an unplatted tract of
land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID
8057-0000-0100)and of an unplatted tract of land described in Document#2010040428 of the Official
Public Records of Nueces County,Texas(Tax ID 8057-0000-0010)to the northwest corner thereof;
155)THENCE northeasterly crossing Up River Road to a point on the westerly right-of-way line of Renfrow
Lane;
156)THENCE northeasterly along the westerly right-of-way line of said Renfrow Lane to its intersection with
northeasterly corner of an unplatted tract of land described in Document#2010040428 of the Official
Public Records of Nueces County,Texas(Tax ID 0271-0042-0000);
157)THENCE westerly,southwesterly,northwesterly,and southwesterly to a point on the northeast right-of-
way of Up River Road;
11
158)THENCE northwesterly along the northeast right-of-way line of Up River Road to the southeasterly corner
of Lot 1, Block 1,Tecolote Tract as recorded in Volume 55,Page 100 of the Map Records of Nueces County,
Texas;
159)THENCE northerly along the east boundary line of said Lot 1 to the southwesterly corner of an unplatted
tract of land described in Document#2010040428 of the Official Public Records of Nueces County,Texas
(Tax ID 0266-0140-0100);
160)THENCE easterly,northeasterly,westerly and southerly to the northeast corner of said Tecolote Tract;
161)THENCE northwesterly along the northerly boundary line of said Tecolote Tract and an unplatted tract of
land described in Document#2010040428 of the Official Public Records of Nueces County,Texas(Tax ID
0266-0010-0305)to the northwest corner thereof;
162)THENCE southerly along the westerly boundary line of said unplatted lot to a point on the northeast right-
of-way of Up River Road;
163)THENCE northwesterly along the northeast right-of-way line of Up River Road to its intersection with the
westerly right-of-way line of Hearns Ferry Road;
164)THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northeast
corner of Lot 7,Awkerman Garden Lots as recorded in Volume 4, Page 38 of the Map Records of Nueces
County,Texas;
165)THENCE southerly along the easterly boundary line of said Lot 7 to a point on the northeast right-of-way
line of Up River Road;
166)THENCE northwesterly along the northeast right-of-way line of Up River Road to the southwesterly corner
of Lot 6 of said Awkerman Garden Lots;
167)THENCE northerly along the westerly boundary line of said Lot 6 to a point on the southwest right-of-way
line of Hearns Ferry Road;
168)THENCE northwesterly along the southwest right-of-way line of Hearns Ferry Road to the northerly
boundary line of the said Awkerman Garden Lots;
169)THENCE westerly along the north boundary line of the said Awkerman Garden Lots and the extension
thereof to a point on the northeasterly right-of-way line of Up River Road where it meets Interstate
Highway 37;
170)THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly
boundary line of an unplatted tract of land described in Document#2010040428 of the Official Public
Records of Nueces County,Texas(Tax ID 0268-0090-0500);
171)THENCE around said unplatted tract northerly, northwesterly,southwesterly,and southerly to a point on
the northeasterly right-of-way of Interstate Highway 37;
172)THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to the southeasterly
boundary line of an unplatted tract of land described in Document#2008047494 of the Official Public
Records of Nueces County,Texas(Tax ID 0268-0060-0003);
12
173)THENCE around said unplatted tract northeasterly,westerly,southwesterly,and southeasterly to a point
on the northeasterly right-of-way of Interstate Highway 37;
174)THENCE northwesterly along the northeast right-of-way line of Interstate Highway 37 to its intersection
with the easterly right-of-way line of Carbon Plant Road(Joe Fulton Corridor);
175)THENCE northeasterly along the southeast right-of-way line of Carbon Plant Road(Joe Fulton Corridor)to
its intersection with the northerly right-of-way line of McKinzie Lane;
176)THENCE northwesterly along the northeast right-of-way line of McKinzie Lane to its intersection with the
southeasterly corner of the Allison Wastewater Treatment Plant;
177)THENCE northerly along the easterly property line of the Allison Wastewater Treatment Plant to the south
shoreline of the Nueces River and Point of Beginning and containing 9,775 Acres more of less;
Together with 3 island parcels described as follows:
Area 1:
2.73 acres out of Lot 2, Block 1,Stateway Subdivision as recorded in Volume 38,Page 80 of the Map Records of
Nueces County,Texas. Said 2.73 Acres being further described in Document#2011026606 of the Official Public
Records of Nueces County,Texas.
Area 2:
Beginning at the southeast corner of Lot 1, Block 1,Stateway Subdivision as recorded in Volume 38,Page 12 of
the Map Records of Nueces County,Texas;
THENCE North 499.57'along the easterly boundary of said Lot 1 to the northeast corner thereof;
THENCE southeasterly along the southwest right-of-way line of Up River Road to the westerly right-of-way line of
Clarkwood Road;
THENCE southwesterly along the west right-of-way line of Clarkwood Road to the northerly right-of-way line of
Interstate Highway 37;
THENCE northwesterly along the northeasterly right-of-way line of Interstate Highway 37 to the Point of
Beginning;
13
Area 3:
Lot 1, Block 1, Meaney Industrial Tracts as recorded in Volume 46,Page 180 of the Map Records of Nueces
County,Texas;
This document was prepared under 22 TAC§663.21,does not reflect the results of an on the ground survey,and is
not to be used to convey or establish interests in real property except those rights and interests implied or
established by the creation or reconfiguration of the boundary of the political subdivision for which it was
prepared.
This the 27th day of April,2017 •�,�E 4F TF
,07.;:00 Teo?''rq
• RUSSELL D. OCHS •
tA4A2gd/. IJGFt °q
Russell D.Ochs
R.P.L.S.#5241
14
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Department of Engineering Services
Survey Division
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Revised: 4/27/2017
Revised: 8/24/2016
CITY of CORPUS CHRISTI, TEXAS
Department of Engineering Services
Survey Division
Date: 9/6/2013
Drown By:
Checked By:
Project:
SHEET 2 OF 2
K:\Engineering\Survey\PROJECTS\INDUSTRIAL DISTRICTS 1 AND 2\LIMITS OF INDUSTRIAL DISTRICT 1.DWG
•
0
Attachment to Ordinance Creating IDA 7B — Basic Equipment Co.
Section 5 Attachment—
Industrial District Agreement 7B — Basic Equipment Co.
INDUSTRIAL,DISTRICT AGREEMENT NO.7B
THE STATE OF TEXAS §
COUNTY OF NUECES §
CITY OF CORPUS CHRISTI §
This Industrial District Agreement("Agreement") made and entered into under the authority of Section
42.044 of the Local Government Code, by and between the CITY OF CORPUS CHRISTI, TEXAS, a
Texas home-rule municipal corporation of Nueces County, Texas, hereinafter called the "CITY," and
Basic Equipment Company(a wholly-owned subsidiary of Berry Contracting,Inc.)a Texas Corporation,
Land and Improvements Owner,hereinafter collectively called the"COMPANY."
WITNESSETH:
WHEREAS,it is the established 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 by attracting the location of new and the 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,the COMPANY is the owner and/or lessee of Land or owner of Improvements on land within
the Extra Territorial Jurisdiction of the CITY;and
WHEREAS,under said policy and the provisions of Section 42.044,Texas Local Government Code,the
CITY has enacted Ordinance No. 15898,approved November 26, 1980,as amended,incorporated for all
purposes, indicating its willingness to enter into Industrial District Agreements with industries located
within its Extra Territorial Jurisdiction and designating the specified land areas as Corpus Christi
Industrial Development Area No. 1 and Corpus Christi Industrial Development Area No.2;and
WHEREAS, in order to correct certain boundary issues, Ordinance No. 029958 reestablished the
boundaries of the land areas known as Corpus Christi Industrial Development Area No. 1 and Corpus
Christi Industrial Development Area No.2 and renamed such areas"Industrial District No. 1 and Industrial
District No.2",herein collectively called"Industrial Districts";and
WHEREAS,the CITY desires to encourage the updating,expansion and growth of industries within said
Industrial Districts,and for this purpose,desires to enter into this Agreement with the COMPANY;and
WHEREAS,the COMPANY desires to avoid regulation by the CITY of the COMPANY'S structures and
properties within such Industrial Districts.
1
NOW, THEREFORE, in consideration of the premises, the mutual agreements of the parties herein
contained and under the authority granted under Section 42.044,Texas Local Government Code,and the
Ordinances of the City referred to above,the CITY and the COMPANY hereby agree as follows;
Article 1
Section 1.01 Immunity from Annexation. The CITY covenants and agrees that during the term of this
Agreement,and subject to the terms and provisions herein,the Land shall retain its extraterritorial status
as an Industrial District,and shall continue to retain this status until and unless the same is changed under
the terms of this Agreement. Except as herein provided,the CITY further covenants and agrees that the
Land shall be immune from annexation during the term of this Agreement.
Section 1.02 Limited to industrial Use.COMPANY covenants and agrees that during the term hereof,
COMPANY will not use or permit the use of the Land,Improvements,and personal property covered by
this Agreement for purposes not included within the term"industry"."Industry"as used herein shall mean
for the same industrial uses to which the Land,or similarly situated land within the Industrial Districts,is
now devoted by the COMPANY or other such parties holding such similarly situated land. Holding the
Land and Improvements for future "industry" use, without using same for non-industry purposes, does
not violate this paragraph. If the COMPANY uses, or permits use of, the Land, Improvements, and/or
personal property covered by this Agreement for purposes not included within the term "industry" as
defined above,the 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 and until the Land is annexed,the COMPANY shall continue to make payments equal to one
hundred percent(100%)of ad valorem taxes on Land,Improvements,and personal property.
Section 1.03 Annexation Corridor.If any other company within the Extra Territorial Jurisdiction of the
CITY fails to enter into an Industrial District Agreement with the CITY or defaults on their in lieu of tax
payments, and said defaulting company is not contiguous with the CITY'S boundary, the COMPANY
shall,after the CITY provides the COMPANY with sixty(60)days prior written notice of intent to initiate
annexation proceeding,permit the CITY to annex a suitable strip of land out of the COMPANY'S Land
from the CITY'S boundary to the defaulting company's land to permit its annexation. In the event the
CITY must annex a part of the COMPANY'S property in order to annex property owned by third parties,
the CITY will annex the absolute minimum amount of the COMPANY'S property legally necessary to
annex such property owned by third parties.The location of such annexed property shall be subject to the
approval of the COMPANY, such approval shall not be unreasonably withheld. COMPANY and such
annexed property shall have no right to any CITY services as a result of such annexation; nor shall the
CITY extend,by ordinance,any rules, or regulations, including, but not limited to,those(a) governing
plats and subdivisions of land, (b)prescribing any building, electrical, plumbing or inspection code or
codes,or(C)attempting to exercise in any manner whatsoever control over the conduct of COMPANY'S
business thereon. Such annexed portion of land shall remain a part of this Agreement and shall not be
subject to CITY taxes,but shall continue to be included within the in lieu of tax payment.In the event that
the need for an annexation corridor no longer exists,including but not limited to thc defaulting company
entering into an Industrial District Agreement,or has met its obligations to the CITY,the CITY agrees to
immediately cease any annexation proceedings related to the annexation corridor over the COMPANY'S
2
Land, or within (60) days, take the steps necessary to complete disannexation proceedings required to
remove from the city limits any unnecessary annexation corridor.
Section 1.04 City Services.During the term hereof,pursuant to this Agreement,the CITY shall have no
obligation to extend to the Land any utility or other CITY services, except for services that are being
provided to and paid for by the COMPANY on the date hereof,or as otherwise stated herein.
Section 1.05 Fire Protection Services.The CITY may provide fire protection services to the COMPANY
at the option of the COMPANY for an additional payment to the CITY as set forth under Section 3.05
hereof.
Section 1.06 Compliance with City Rules and Regulations.The CITY and the COMPANY agree that
during the term hereof,with respect to the Land, the CITY shall not require compliance with its rules or
regulations: (1)governing zoning and platting of the 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 the Land or additions thereto without complying with State law and CITY ordinances governing
subdivision of land;(2)prescribing any building,electrical,plumbing or inspection code or codes;or(3)
prescribing any rules governing the method of operation of COMPANY'S business, except as to those
regulations relating to the delivery of utility services and industrial waste disposal through CITY-owned
facilities.
Section 1.07 Definitions.
A. Com.As defined in the preamble hereof and includes its successors and assigns.
B. Commencement of Construction.Physical construction(including,at a minimum,excavation
for foundations or the beginning of installation or erection of improvements)at the primary
site of the eligible project has begun.
C. Existing Improvements. In use prior to January 1,2015.
D. Extra Territorial Jurisdiction (ETJ). The unincorporated area that is contiguous to the
corporate boundaries of the City of Corpus Christi and that is located within five miles of
those boundaries.
E. Improvements. As defined in Section 1.04(3)of the Texas Tax Code,and shall also include
power generation facilities, 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 COMPANY.
Includes Existing Improvements and New Improvements.
E. Industrial District.The industrial districts created pursuant to Ordinance No.029958,a copy
of which is attached hereto as Exhibit C and incorporated herein by reference.
G. Industrial District Agreement. An agreement made and entered into under the authority of
Section 42.044 of the Texas Local Government Code.
3
H. Land.All of the real property owned,leased or possessed by COMPANY and located within
the Industrial Districts and designated on Exhibit A attached hereto.
1. Market Value.As determined and defined by NCAD.
J. NCAD.The Nueces County Appraisal District and includes its successors and assigns.
K. New Improvement. Improvement which was not in use prior January 1,2015.
L. Placed in Use. Improvements that are completed and Placed in Usc and arc not listed by
NCAD as Construction Work in Progress(CWIP).
Article 2
Section 2.01 Term. The term of this Agreement shall be no more than ten (10)years beginning on the
date on which the de-annexation ordinance regarding the subject property becomes effective, and
continuing until December 31, 2024, unless terminated as herein provided or extended for additional
period or periods of time upon mutual consent of the COMPANY and the CITY as provided by the Local
Government Code; provided however, if this Agreement is not extended, or replaced with a similar
agreement that provides 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 annexation shall be no earlier than midnight of December
31 of the final year of the term.
Section 2.02 Extended Term.This Agreement may be extended for an additional period or periods only
by written agreement between the CITY and the COMPANY.
Article 3
Section 3.01 Payment in lieu of Ad Valorem Taxes. Each year during the term hereof,the COMPANY
shall pay to the CITY:
A. Land. An amount in lieu of tax on the 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 the Land which would otherwise be payable to CITY by COMPANY if
the Land were situated within the CITY limits.
B. Existing Improvements.An amount in lieu of tax on Existing Improvements(excluding 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 Existing Improvements which would otherwise be
payable to the CITY by the COMPANY if said Existing Improvements were situated on land
within the CITY limits.
4
C. New Improvements. With respect to any New Improvements, the in lieu of tax payment shall be
one hundred percent(100%)of the amount of ad valorem taxes based upon the Market Value of
the New Improvements which would otherwise be payable to the CITY by the COMPANY if said
New Improvements were situated on land within the CITY limits.
D. Personal Property. An amount in lieu of tax on personal property equal to one hundred percent
(100%)of the amount of ad valorem taxes based upon the Market Value of the personal property
which would otherwise be payable to CITY by COMPANY if the personal property were situated
on land within the CITY limits.
E. With respect to any new land acquired by the COMPANY located within an industrial District,
the use of which relates directly to the primary use of the parent tract, the new land shall be
included in the COMPANY'S land known as the Land,and shall be considered in calculating the
in lieu of tax payment on the Land as of January 1 of the first year following the date which the
new land is acquired by the COMPANY.Within ninety(90)days after the acquisition of new land
by the COMPANY,the COMPANY shall provide the CITY with a revised Exhibit A that includes
a complete listing by NCAD Geographic ID number of the newly acquired land.
F. With respect to any new land acquired by the COMPANY after January 1, 2015, located within
the Extra Territorial Jurisdiction of the CITY,the use of which does not relate to the primary use
of the parent tract, the COMPANY shall report such purchase to the CITY and the CITY shall
determine whether an Industrial District Agreement is desired for such newly acquired land.
Section 3.02 Comnanv Schedule of Value.On or before August 31 of each year of this Agreement,or
upon final determination of Market Values by NCAD,whichever is later, the COMPANY shall provide
to the CITY an itemized Schedule of Value by sworn affidavit,on the form attached hereto as Exhibit B,
listing all NCAD Geographic ID numbers and the values related thereto, and showing all Land,
Improvements,and personal property,owned or controlled by the COMPANY including and identifying
the property to be valued as part of this Agreement(the"Schedule").The Schedule shall also list the year
any Improvements were Placed in Use. The COMPANY has no objection to the CITY'S review of all
forms,information,and documents provided by the COMPANY to NCAD and,in the event of appeal,the
Appraisal Review Board. Failure to provide the Schedule to the CITY shall constitute a breach of this
Agreement.
Section 3.03 Determination of Value. In determining the COMPANY'S annual in lieu of tax payment
required under this Agreement, the calculation shall be made utilizing the Market Value of all Land,
Improvements, and personal property as determined by NCAD, or its successor,under provisions of the
Texas Property Tax Code.The COMPANY shall timely provide information and reports required under
this Agreement and 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.
Section 3.04 Company Protest of Value or Billing.If the COMPANY elects to protest the valuation set
on any of its properties by NCAD for any year or years during the term hereof,it is agreed that nothing in
this Agreement shall preclude the protest,and the COMPANY shall have the right to take all legal steps
desired to reduce the same as if the property were located within the CITY, except with regard to the
5
exemptions in Section 3.06 below. The COMPANY shall notify the CITY of its appeal within 30 days
after its protest of the valuation is submitted to NCAD.
Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing dispute,
the COMPANY agrees to pay to the CITY an initial in lieu of tax payment,on or before the Due Date in
Section 3.07 below,based on the amount billed by the CITY.When the valuation on said property or any
billing dispute bas been finally determined,either as the result of final judgment of a court of competent
jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days
thereafter, the COMPANY shall make to the CITY any additional payment due based on the final
determination.lf,as a result of final judgment of a court of competent jurisdiction,or as the result of other
final settlement of the controversy,the amount of in lieu of tax payment due to the CITY is established to
be an amount less than the amount of the initial in lieu of tax payment for that year paid by the
COMPANY, the excess in lieu of tax payment, if any, collected by the CITY shall be returned to
COMPANY within thirty(30)days after said final determination.Any non NCAD related billing disputes
shall be resolved by the CITY within ninety(90)days from the date notice of the dispute is received by
the CITY.
Section 3.05 Fire Protection. An additional amount for city fire protection equal to fifteen percent(15%)
of the amount which would be payable on 100%of Market Value of Improvements located on the Land
will be paid annually;provided,however,that if and as long as the COMPANY,as of January 1 of each
year, is a member in good standing of the Refinery Terminal Fire Company, or its successor, or the
COMPANY agrees to provide fire protection and emergency services either from a qualified external
provider or by use of a qualified internal emergency response organization,it shall not be obligated to pay
the additional amount provided by this Section 3.05. Minimum qualifications would include meeting
certain standards as defined by applicable OSHA,state regulatory and NFPA Standards that apply to fire
control, emergency management, disaster planning and rescue services as recognized by the Texas
Industrial Fire Training Board,the State Fireman's and Fire Marshal's Association of Texas or equivalent.
The COMPANY will provide equipment,training,and faciIities necessary to safely handle all expected
emergencies and properly protect the COMPANY and the community from the adverse effects of an
industrial disaster,which obligation may be satisfied by the COMPANY being a member in good standing
of the Refinery Terminal Fire Company,or its successor.(Calculation:Market Value of improvements x
15%x City Tax Rate Fire Protection Fee)
Section 3.06 Calculation of Amount Due. The CITY shall mail an invoice to the COMPANY, which
sets forth the amount of payment in lieu of tax owed to the City calculated in accordance with this
Agreement. Such invoice shall be postmarked at least thirty(30)days prior to the Due Date defined in
Section 3.07 below, and shall be mailed to the address shown in Section 10.03 of this Agreement. The
calculation shall be made without reference to the exemption for pollution control property in Section
11.31,Texas Property Tax Code,and Article VIII,Section 1-1,Texas Constitution,as same presently exist
or may be hereafter amended,using the Market Value of pollution control equipment certified by NCAD.
In addition,all the amounts shall be calculated without reference to any new tax exemption or any increase
in an existing tax exemption enacted after January 1, 1995.
Section 3.07 Payment.The COMPANY agrees to pay to the CITY on or before January 31 of the year
following each year during the term hereof(the "Due Date"), all payments in lieu of tax provided for
hereunder and invoiced by the CITY in accordance with Section 3.06 above,without discount for early
payment.The present ratio of ad valorem tax assessment used by the CITY is one hundred percent(100%)
6
of the Market Value of property. Any change in the ratio used by the CITY shall be reflected in any
subsequent computations hereunder. This Agreement, and the method of determining and fixing the
amount of in lieu of tax 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. Any invoiced amounts that are not paid by the Due Date shall be
considered delinquent. Delinquent amounts shall be immediately subject to interest at twelve(12%)per
annum,compounded monthly and the COMPANY shall reimburse the CITY for its costs of collections,
including reasonable attorneys' fees.
Article 4
Section 4.01 Company Failure to Pav/Company Breach. If the COMPANY fails to make a payment
due to the CITY hereunder or if the COMPANY fails to perform any other obligation incumbent upon the
COMPANY to be performed hereunder, and if such default is not fully corrected within sixty(60)days
after the CITY gives written notice of said default to the COMPANY (or, if within such 60 day period,
the COMPANY has not demonstrated a satisfactory plan of compliance approved by the CITY(where
compliance requires more than 60 days)), the City shall have the option to either (I) declare this
Agreement terminated and immediately commence annexation proceedings and sue to recover all
damages;(2)bill COMPANY and sue to recover 100%of all monies that the CITY would have received
from the COMPANY if it had been within the CITY limits,which includes 100%of all taxes,attorneys'
fees and court costs; or (3) continue this Agreement for its term and collect the payments required
hereunder.
Section 4.02 Lien.The CITY shall be entitled to and have a tax lien on the Land, Improvements, and
personal property which may, in the event of default in payment of any sum due hereunder that is not
cured in accordance with Section 4.04 below,be enforced by CITY in the same manner as provided by
law and for the collection of delinquent ad valorem taxes.Additionally,the CITY shall be entitled to and
have a contractual lien on the Land,Improvements,and personal property which may be foreclosed in the
event of such uncured default(1)judicially or(2)extra judicially in the same manner as a deed of trust
under Texas Property Code,and for that purpose may appoint a trustee or trustees.
Section 4.03 City Breach. If the CITY breaches this Agreement by annexing or attempting to pass an
ordinance annexing any of the Land(except with reference to the agreed annexation corridor in Section
1.03),the COMPANY shall be entitled to enjoin the 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 the COMPANY elects to
pursue this remedy, then so long as the CITY specifically performs its obligations hereunder, under
injunctive order or otherwise, the COMPANY shall continue to make the annual payments required by
this Agreement.
Section 4.04 Notice of Default.Notwithstanding anything to the contrary contained herein,in the event
of any breach by the COMPANY of any of the terms or conditions of this Agreement,the CITY shall give
the COMPANY written notice specifying the nature of the alleged default, and manner in which the
alleged default may be satisfactorily cured.Thereafter,the COMPANY will be afforded sixty(60)days
within which to cure the alleged default(or,if cure requires more than 60 days,the COMPANY shall have
the right to demonstrate a satisfactory plan of cure approved by the CITY within such 60 days,which shall
be deemed to be a cure so long as the COMPANY is diligently pursuing such plan).
Section 4.05 Cumulative Remedies.The remedies provided herein are cumulative,none is in lieu of any
other,and any one or more or combination of the same is available. Each party, in addition to remedies
expressly provided herein is entitled to any and all other remedies available at law or in equity.
Section 4.06 No Waiver of R4ahts and Remedies. It is expressly understood that if at any time the
COMPANY is in default in any provision of this Agreement, the failure on the part of the CITY to
promptly avail itself of the rights and remedies that the CITY may have,will not be considered a waiver
on the part of the CITY;provided that if the CITY within ten(10) years from the date of any default by
the COMPANY, does not avail itself of the rights or remedies or elect to terminate this Agreement on
account of such default,then such default is deemed waived.
Further, is expressly understood that if at any time the CITY is in default in any provision of this
Agreement,the failure on the part of the COMPANY to promptly avail itself of the rights and remedies
that the COMPANY may have,will not be considered a waiver on the part of the COMPANY;provided
that if the COMPANY within ten(1 0)years from the date of any default by the CITY,does not avail itself
of the rights or remedies or elect to terminate this Agreement on account of such default,then such default
is deemed waived.
Section 4.07 Limitation of Liability. To the fullest extent permitted by law,and not withstanding any
other provision of this Agreement,in no event will either party be liable to the other party hereunder for
punitive, exemplary, or indirect damages, lost profits or business interruptions damages; provided
however,this limitation in not meant to limit the CITY'S rights under this Agreement to collect from the
COMPANY any unpaid in lieu of tax payments,late penalties and interest associated therewith,and any
costs of collection including but not limited to attorney fees.
Article 5
Section 5.01 Description of Property. The COMPANY agrees to provide the CITY with a listing of
Geographic ID numbers,as available from NCAD or its successor,to be attached hereto and incorporated
herein as Exhibit A. With respect to COMPANY'S acquisition of new land,as described in Section 3.01
F,which becomes included in the Land, COMPANY agrees to provide to CITY a listing of Geographic
ID numbers as available from NCAD or its successor.
Article 6
Section 6.01 Annexation By Another Entity. 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 the COMPANY,and shall take any other legal action necessary or advisable under the
8
circumstances.The cost of the 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.
Section 6.02 Termination.If the CITY and the COMPANY are unsuccessful in obtaining a temporary
injunction enjoining the attempted annexation or incorporation described in Section 6.01 above, the
COMPANY shall have the option of(1) terminating this Agreement, effective as of the date of the
annexation or incorporation,or(2)continuing to make the in lieu of tax payment required hereunder.This
option shall be exercised within thirty (30) days after the application for the temporary injunction is
denied. If the COMPANY elects to continue the in lieu of tax payment, the CITY shall place future
payments hereunder 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 which shall 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 thereon shall be refunded to the COMPANY;or
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 thereon shall be retained for use by the CITY.
Article 7
,Section 7.01 Sale or Lease. Whenever the COMPANY sells all or a portion of the Land or Improvements
to any entity that is not an affiliate of the Company,unless such affiliate will be responsible for payment
hereunder, the COMPANY shall within ninety(90)days give notice to the CITY of said sale, and this
Agreement shall continue in effect as to all Land and Improvements sold. If COMPANY sells only a
portion of the Land or Improvements, the COMPANY shall furnish to the CITY a revised Exhibit A
effective for the calendar year next following the calendar year in which the conveyance occurred. If the
COMPANY leases all or a portion of the Land or Improvements to an entity that will be responsible for
payment hereunder,the COMPANY shall within ninety(90)days give notice to the CITY of said lease,
and this Agreement shall continue in effect as to all Land and Improvements leased.
Section 7.02 Comnany's Responsibility for Payment. The COMPANY as seller or lessor in a
transaction pursuant to Section 7.01 above,shall remain solely responsible for any payment in lieu of tax
attributable to the Land or Improvements sold or leased unless the COMPANY has entered into an
assignment and assumption agreement with the buyer or lessee of such Land or Improvements, which
shall be consented to by the CITY,in which the buyer or lessee assumes all responsibilities and obligations
under this Agreement as to the purchased or leased Land and/or Improvements.
Section 7.03 Assignment. This Agreement may be assigned by the COMPANY. If this Agreement is
assigned,the COMPANY shall notify the CITY of such assignment within thirty(30)days.
Article 8
9
Section 8.01 Inurement.This Agreement shall inure to the benefit of and be binding upon the CITY and
the COMPANY,and shall inure to the benefit of and be binding upon the COMPANY'S successors and
assigns, affiliates and subsidiaries, and, subject to Section 7.02, shall remain in force whether the
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 the agreements herein contained shall be held to be covenants running
with the Land for so long as this Agreement or any extension thereof remains in force. The word
"affiliates"as used herein shall mean:(1)all companies with respect to which the 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 (or other entities) controlled by or under common control with the Company as
contemplated by Section 1239(c)of the Internal Revenue Code of 1954,as amended.
Article 9
Section 9.01 Buv LocaL COMPANY shall use reasonable efforts to acquire all of its procurements,
including,but not limited to,supplies,materials,equipment,service contracts,construction contracts,and
professional services contracts from businesses located within Nueces and San Patricio Counties,unless
such procurements are not reasonably and competitively available within said area.COMPANY shall not
be required to maintain records regarding this requirement other than those normally kept in its usual
course of business.
Section 9.02 Water Procurement. 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 more than ten percent(10%)of its total water
needs from any source other than the CITY.
Article 10
Section 10.01 Severability.In the event any word,phrase,clause,sentence,paragraph,section,article or
other part 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 the word, phrase, clause, sentence, paragraph,
section,article or other part of this 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.
Section 10.02 Entire Agreement.This Agreement constitutes the entire agreement of the parties and
supersedes any and all prior understandings,or oral or written agreements,between the parties respecting
such subject matter,except as otherwise provided in the instruments referenced herein.This Agreement
may be amended only by written instrument signed by all of the parties hereto.
10
Section 10.03 Notices.Any notice to the COMPANY or the CITY concerning the matters to which this
Agreement relates may be given in writing by registered or certified mail addressed to the COMPANY or
the CITY at the appropriate respective addresses set forth below.The COMPANY must notify the CITY
of any change of address in writing. Notices by a party to the other party hereto, shall be mailed or
delivered as follows:
To the City.
Ms.Margie C.Rose
City Manager
City of Corpus Christi
1201 Leopard
P.O.Box 9277
Corpus Christi,Texas 78469-9277
Phone:361-826-3220
Fax:361-826-3845
With copies to:
City of Corpus Christi-City Secretary
1201 Leopard
P.O.Box 9277
Corpus Christi,Texas 78469-9277
Phone:361-826-3105
Fax:361-826-3113
City of Corpus Christi-City Attorney
1201 Leopard
P.O.Box 9277
Corpus Christi,Texas 78469-9277
Phone:361-826-3360
Fax:361-826-3239
If to Company:
Mr.Edward A.Martin,Vice President
Basic Equipment Company
P.O.Box 4858
Corpus Christi,Texas 78469
361-693-2100
With copies to:
Basic Equipment Company
Mr.Charles A.Vanneman
Legal Counsel
P.O.Box 4858
Corpus Christi,TX 78469
Section 10.04 Governing Law.This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas.This Agreement is to be performed in Nueces County,Texas.
It
Section 10.05 Counterparts.This Agreement may be executed in multiple counterparts, each of which
is deemed an original,and all of which taken together,shall constitute but one and the same instrument,
which may be sufficiently evidenced by one counterpart.
Section 10.06 Authority. By acceptance of this Agreement and/or benefits conferred hereunder, each
party represents and warrants to the other that its undersigned agents have complete and unrestricted
authority to enter into this Agreement and to obligate and bind such party to all of the terms,covenants
and conditions contained herein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
12
ENTERED into this day of ,2017.
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta,City Secretary Margie C.Rose,City Manager
LEGAL FORM APPROVED of ,2017
Aimee Alcorn-Reed
Assistant City Attorney
FOR CITY ATTORNEY
CITY OF CORPUS CHRISTI ACKNOWLEDGMENT
THE STATE OF TEXAS§
COUNTY OF NUECES §
This instrument was acknowledged before me on ,2017,by
Margie C.Rose,City Manager of the City of Corpus Christi,a Texas home-rule municipal corporation,on
behalf of said corporation.
Notary Public,State of Texas
Printed Name:
My Commission expires:
13
ATTEST: LAND& IMPROVEMENTS OWNER
Basi lent Comp
Name: 41,,, egpliik**-- By: 1144A
Title: Name: Edward A. Martin
Title: Vice President
LAND& IMPROVEMENTS OWNER ACKNOWLEDGMENT
THE STATE OF � .:,,,, §
COUNTY OF ,-dor § �
This instrument was acknowledged before me on42S/day of C::2fr_ ,2017, by Edward A.
Martin, as the Vice President of Basic Equipment Company,a Texas Corporation,on behalf of said corporation.
Given under my hand and seal of office this day of G:riek.C.G' , A.D.,2017.
of. ,4,eal
Notary Public,State of �*.`• •'•�. DONETTA BEATY 1
• t ^
Notary Public
Printed Name: IN STATE OF TEXAS
My Comm.Exp01-02-2018
My Commission expires: �r►�`►—�
14
EXHIBIT A
Geographic ID Number Designated By
Nueces County Appraisal District
Nueces County Appraisal District Exhibit A Industrial District Agreement 117B
Geographic IDs and Legal Descriptions Basic Equipment Company
Confirmed b Cit irimatimm Le:al Descri.tions
3695-0003-0010 7B Outside Land INTERSTATE INDL COMPLEX LT 1 BK 3
ill
EXHIBIT B
Schedule of Value
CITY OF CORPUS CHRISTI
INDUSTRIAL DISTRICT
SCHEDULE OF VALUE
Company Name:
Contact Name:
Telephone:
Address:
Address:
Contract Number
As of 1/1/ 2015
Due 8/31/ 2015
Geographic ID
0010-11P101-01414 or
IN-NNNNNN#-aN#M
Description
Land
Total
Pre
2007
2007
2008
2009
2010
2011
2012
2013
2014
Total
-
, a duly authorized official of the above company, do swear that the informa ion provided is accurate
to the best of my knowledge.
Email
Signature of Authorized Official
Printed Name
Sworn to and subscribed before me by on this day of , 20 ,
(Personalized Seal)
Notary Public's Signature
Date
Authorized Official's Title
1 of 1
EXHIBIT C
City Ordinance
Creating Industrial DIstricts
t Y
•'
AN ORDINANCE AUTHORIZING THE REESTABLISHMENT OF LAND
AREAS LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
CITY OF CORPUS CHRISTI. TEXAS AS INDUSTRIAL DISTRICTS; RESERVING
AND PRESERVING ALL RIGHTS,POWERS AND DUTIES OF THE CITY COUNCIL;
AUTHORIZING TBE CITY MANAGER,OR DESIGNEE,TO EXECUTE INDUSTRIAL
DISTRICT AGREEMENTS BY AND BETWEEN THE CITY AND VARIOUS
PROPERTY OWNERS LOCATED WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE CITY
WHEREAS,under Teras Local Government Code Chapter 42,Subchapter 42.044,the
Governing body of any city has the right,power and authority to designate any pert of the ares
located in its eattrRatritodal Jurisdiction as an Industrial District,and to treat such area f anz time
to time as such governing body may deem to be is the best interest of the City;and
WHEREAS,included in such rights and powers of the governing body of any city is the
permissive cit and power to enter into written agreements with the owner or owners of land in
the extratesitaial jurisdiction of a city to guarantee the continuation of the a xhatcaitorisl status
of such Lad,and immunity from atnmmatioa by the city fora period of time,and other such
!stun and considerations as the parties might deem appropriate;and
WHEREAS,it is the established policy of the City Council of the City of Corpus Christi,
Texas(the"City"),to adopt rersonable measures pennttted by law that will tend to enhance the
economic stability and growth of the City and its a nvkoos by attracting the location of new and
the exrpat>sion of exiwrg industries therein as being in the bent interest of the City and its
citizese and
WHEREAS, under said policy and the provisions of Section 42.044. Texas Local
Govern meat Code. the City of Corpus Christi has t aacted Ordinance No. ISM. approved
November 26. 1980. as amended, inn ung its willingness to enter into industrial district
apeemeate with Industries located within its extraterritorial jurisdiction and designating the
specified land ares as Capes Christi Industrial Development Area No. 1 and Corps Christi
Industrial Development Arca No.2;and
WHEREAS, in order to correct certain boundary issues, the City Catrcil desires to
reestablished the boundaries of the land areas known as Corpus Christi Industrial Development
Area No. I and Capes Christi Industrial Development Area No. 2 and renamed arch areas
"Industriel District No.i"and"Industrie!District No.2" and
NOW.THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI,TEXAS:
SECTION 1.The fittings contained in the preamble of this Ordinance are determined to
be true sod correct and am hereby adopted as a part of this Vie.
029958
INDEXED
•
SECTION 2. Industrial District I and lndustdal District 2 are herby established as
described in DANIA attached hereto and incorporated herein.
SECTION 3.The City may create new Mistrial Districts,sad expend or diminish the
size of any iitdtestrial District and the City hereby reserves all rights and powers it may have or
acquire to revoke in whole or in pert the creation of all or any part of an Industrial District,
except to the extent that it has agreed not to do so in any industrial district agreement
SECTION 4. The City Council approves and authorizes the entering of contractual
obligations with property owners in within the extraterritorial juristdction of the City in
substantially the bon as shows in the document which is attached her to and incorporated
herein as Baia/.The City Manager,or his designee,is hereby aathacized to execute such
documents and all seated documents on bchaIf of the City of Coves Christi.The City Secretary
is hereby authorized to attest to all such signatures and to affix the seal of the City to all such
documents.
ATTEST: 701ZOF CORPUS CHRISTI
Aando ChapV
rmWelds Malinez
City Sectary Mayor
That „ ,- - for the fust time and passed to its second reading on this
the ICV day of I/ii �� , the following vote:
Nelda Martinez Chad Magill +
Kelley Allen .I.� Collects McIntyreII
� •
Rudy Gina /.1. Lillian Riojas
i
P rheil4 Leal ' Mack Scott
ilDavid Loeb f�
0
mit the was read far the second time and passed finally on this the I I
day of 3gilt a t• ''1‘ , ' the ibfowing vats
•
Nelda Martinez Chad Magill
Kelley Allen l Colleen McIntyre L4 .'
Rudy t3arna d —n •
Lillian Riojas A„`
Priscilla Lealtitt Mark Scott
boe- ..
David Loeb
PASSED AND APPROVED,this the 11 tb day of .3
ptittrke"
ATTEST:
Armando Chapa Nelda Martinez
City Secretary Mayor
029958
EXBIBIT A
Boundaries of Indusnial District 1 and IndosttiW District 2
Corpus Christi Industrial District No.1
Approximately 9,773 Aces wlthinMuscats County,Tams,outside the city limited the City atCorpus
Christi and pnetaiy Wended on the southwest by the northeast right-of-way of Interstate Filtraay mo.
37,on the north by the south shoreline of the Nueces River and Maims Say,on the West by the East
light-of-way of Carbon hart hoed{toe Fulton Corridor)Fran interstate Highway No.37 M Mdansle
Lane and the north right-04m/of Nicked.tan front the oast right-of-way of Carbon Plant goad to the
east property the of Meals Mew Wastewater Treatment Pleat and An the east property pre of
the Qty's Alton%tidewater plant from Mdarela lane to the Nueces River.
1) &GINNING at the northeast corner of Tract'V.Micros View Tracts as recorded in Volume 2s,
Pip 64 of the Map Ascents of Maces County,TX,same bekg the northeast corner tithe
City's Allison Meltwater Treatment Plash
2) THENCE In an easterly direction with the meanders of the south shorelne of the Nunes River
and Nunes flay to the Northwest conerof/lock 1,tot 150 of the Ports kiln SubdMdon as
recorded in Volume 47,Pates 144-145 of the Map Records of Nunes County,Taxan
3) TWICE southwastetly dung the%este*boundary Rae of the Porto Seib St6dlw sign to the
scut hwestady comer of lot',Nock 1;
4) THENCE southeasterly along the southerly boundary line of said tot 1 to the current Gtr times
of the Cltyof Corpus[Mstk
5) IMMO,southwesterh eke*said City limit Rae to a point where the centerline of Avenue"F'
intersects the northerly right-of-May lyse of Swiss=Street;
61 TWICE northwesterly along the north right-of-way of Burleson Street to the southwester,/
boundary line of tot 1,Block 174 of the Brooklyn Midden as recorded In Velem A,Page 32 of
the Map Records of Nusces County,Tesasi
7) THENCE northeasterly through said Block 174 to the nortimmsterly corner diet 11:
B) TIM M Soudteasaerly along the northeasterly boundary Ike of said trot 11.to the nmdrenanf y
comer thereof;
9) The=nonheaaarlralong the northwesterty right-of-way hie of Avenue"H•to a pointon the
northerly boundery int of a 6.11 Aad Tract of land known asTract•A•of the Srooidy n Acreage
10)titWE along the northeasterly boundary of said Tract•A"to the northwesterly
deer thereat
11)THENCE southwesterly along the westerly boundary timid Tait A•and the continuation
thereofto the southerly ria t-oWaryof Iodises gram
12)TWICE southeasterly along the southerly right-of-way of Burleson Street to the centerline of
Awns V;
13)mem southweste yalortg the can vine Avenue"F'and the eawdonthereof toa
point on the odelnat City►limit line as surveyed by to t:H.Von Blucher in August.las
14)flwl Erirestmy along said original City►Lin*One to the northwest comer thereat
15)THENCE southerly=rallying along said original City[ink Pow to the north tomer ofa 13.602
acre tract amend by City Ordinance 0022441;
uj TNBBCtarornd said 13142 acre tract
531'41145"W a distance of 1257.54'to a point on the northwester,/right-of way line of the
Missouri Padlie railroad;
562'27"47"E along said dgiototwey a distance of 250.36'
561'334'1 aattlm*011 along said IWht.of way a distance of 17507'
S3i'nS'00'W=sag sold t%M of-way a distance of 1301:06'toe point
561'23' a distance of 3735'm a point
531'41.45'W a distance of 139.95'to a paint
351141815'E a distance of416.24'to a point on said original City Limits;
17)THOM southerly metlnWng along said Weed City Limit line to the north corner of a 0.0016
acne tract annexed byCltydrd finance EO22441;
110 MINCE around said 010011 nae tract
51,3430w.Manor of 16.56'to a point;
53/'1314"Eadistance agar toaOman said Wiled CityUndts;
101)THEWS southerly mambos along said original City Limit line to a point an the roorthwestmly
right-of-way tine of hums ley Bodnar*
THINcE along the aonlowatery rigbt-ot.way line of Nueas flay$oaie+mrd to the
e a telly tomato/Tract i.Pontiac Tracts as retarded in Voitnne 37 hap 64 of the Mop fleasds
of due=County.Tuns
21)Tt4ldifl around said Tract 1:
N55'SS'12'W a distance of 300.09'to a point at the northerly tonerthereof;
331•1513TIN a distance of 171.01'to*mangle point therein:
536.E912"W a distance of*43'to a paint at the westerly corner thueof,being on the
nor heastery boundary dee of the$ ymoorAddltion as recorded in Volume 4,Ply 42 of the
Map Records of Nieces County,Tent
22)TNVla northwest along the northeasterly boundary toe of said liayetoor Addition to the
podium cemerof Lot 205,same point being is northerly tomer of Tract"H"tithe Pontiac
Touts es recorded in Volume 59,Pep 33S of she Map Records of deices County.Tenet
23)T1hENCE 522'42'30'W along said Tract a distance of 31.45'to an angle point Norein;
24)MIKE northwestedy coulee Ruddy Lawrance Drive and Oak Park Avenue to a point on the
northeasterly boundary line of tot 7,ttbdr 2 of Oak town Addition as recorded in Volume 5,
Pale 27 of the Map Records of Novas CaMMMy%Tens,same pint babe at the southeast
terminus of Necks street a sho+rs on Plat of HerborView Estates recorded in Volume S.Page
w of the Map Records of Nueces t]omty,Timm
25)MENU northeasterly along the easterly bounden/line of said Harbor View Estates to the
northeasterly tomer thereat
2$)THENCE northwesterly along the northerly boundary line of said Harbor View Estates and the
e1duuslon thereof,porde*along the aniastlne of Oblongata.to a point on die west rttht-of
way Ona of Pods lane;
27)Them northeWery libel the west rybt-oWwy Me of Path Lane to the northeastedy corner
Bland(*Magellan Terminal Holdings,LP as described M Documents 112004020007 and
Nt*033713 of the Otidai Public Records of Nueoes County.Tereus;
23)Tit NCE nortriestarly abry the northeasterly boundary Ens of said MruMan Terminal
Holfiap LP to a point on the southerly r%%ht-of way bre of thee Missouri Padlic Rairoad;
20)rano'methelesterlY along said southery right-ofaway Me to the northwatery boundary One
of mid Msplbn'remind Holdings.LP to a point
30)THENCE southwesterly Hoeg the westsdy boundary Noe of said Kroft Terminal Holdings,LP
to a potatwhe a the nordevesterhrboundary Inn of Country Club Plate as recorded in Vakmee
4,Pep a of the Map Records of flumes County.Tau„meets the northerly rightwPwrry ane of
interstate Waiving 37;
31)THENCE northwesterly along said northerly debt-away to Its iutarsecdon with the
northeasterly right-of-ray Ina of Up River Road Pell Mad);
32)THENCE northwesterly along mid northeastery>k*U1.Wey of Up River Road to the
southeasterly corner of Lt 3,Nevipda+Netgids Aaaa le as recorded in Volume 40,Page 119
of the Map Records of fleeces County,Ttms
33)THENCE around said tot 3:
N3e'11217'E a distance of 177.95'to a point at die northeasterly corned;
NsVar3o w a distance of lour to the noNmuestary corner*met
511'3330!W a distance of 176.57'to the northeaster*richt of.wey of Up River Road;
34)THENCE northwesterlysbeg said northeasterly detect-wry this of Up River Road to the
ash*rightekveybeofCantwellthee;
35)MINCE northeasteryalone said emery deht-of-way to its intersection with the extension of
the northerly bouruhey Ins ala 3.37 Ace tract of land out of Share 3A of Ire Kolar Tract V'
*recorded pint)
3$)THENCE nartl urespnly scrota said right-of-way and along the northerly boundary Nae of said
337 Acre lint rise 1Q3873 0003.0140)to the northwesterly corner thereof;
37)mesa south wet eking the westerly boundary line of said 337 Acre Tit and of Share 214,
F.N.Rater Partition Irishman an plat thereof recorded in Whine 3,Page S8 of the Map Records
of Nueces County,Tiaras.to a point on the northeasterly right-D(way Nne of Up ever Road;
38)THENa northwesterly along said northeasterly right of wey lino of Up Rorer Road to the
easterly sabadon of*right-of way toe 1 Acre tract of lead out of tot 3,erode 1,Coastal
Javelins Addition es recorded to Volume 54,Page 56 of the Map Records of Nueces County,
Texas,said 1 Acre tract decal ed by metes and bounds it City Ordinance 80284S1;
39)NOVICE southwesterly across said Up lever Road and along said easterly rtght-of wey Nae to the
north boundary Roe of said 1 Acre tract tact platted,see tax ID 16610001.0012 and Document
112013013372 of the Official Public Records of Nueces County,Tema*
44 MINCE easterly,southerly,westerly,and northeriyaound said 2 ACR tract to the southerly
deht-ohewaysandeg sold trawl
41)TIIBrCE westerly along saw southerly right-of-way line to the west boundary Ins of said tot 1.
Nock 1;
42)DIME northeasterly*Ng said west boundary line of said Lot 1.Block 1 and the extorsion
thereof to a point on the northeasterly Mit-of-way wey Nue of Up River Road
43)TWICE northwesterly along said northeasterly matt•of-way ire of Up Meer Road to the
westerly extension of the rtht-of-way Mae of County Road SIA;
4)THENCE south westerly across said Up River Road and alone said westerly rlehteMvey Mae of
County Road 52A to Ns tenaiaufi
45)THEM southeasterly alone said right-0f-hey and alone the southerly boundary of a 13.23 Aare
tract out of the Older Ttxt of the Dunn Tract and described In Dooumente2004014331 of the
OMdalPubk Records of Nueces Comity,Tinos„to a point on the northwesterly boundary Mere
of Block(I,Academy Nettle Usk 1 as recorded In Volume 26,Page SS of the Map Records of
Mem couittotiax
40 MINCE southwesterly-aloof said northwesterly boundary Nne of Aatisrry 1Nights bit 1 and
aloof the northwesterly boundary inn of Academy Melia Urdt 1 as recorded M Volume 42.
Page 181 of the Map records of Nueces County,Texas to a point on the northerly*ht-of-way
line of interstate IMthway37;
47)THENCE northwesterly*cog said atekt-ol.way line of interstate Highway 37 to the southeasterly
boundary line of Lot 1,(Mock 3 of the interstate Industrial Complex as recorded in Volume 32.
Page 36 Odle Map Recoded of Nauss County,Team
44 TWICE around said lot 1:
N00"39'4TE a dlilaraae of 30D30'to a point at the northeasterly corner thereof;
N119'51.2rW a distance of 519.65'to the northwesterly comer thereof•.
300'44,41"W abng the est right-of-way of Corn Products[load a distance of 200.00'to the
northerly tight-of-way of Interstate Highway 37;
49)THENCE northwestalr oculars said Com Products Road and aontbruMV along said right-of-way
Ins of Interstate Highway 37 to the southwesterly boundary Ins d tot 15.Block 1 of the
Interstate Industrial Complex Unit 1 as recorded In Volume 34,Pap 24 of the Map Remded of
Nieces County.Tong
50)MINCE northwesterly along the east right-of-way Roe of Complex Boulevard to the
southwesterly boundary line of tot 16,Block 1 of said Interstate Industrial Complex;
51)TNS northeasterly +B the southeaserty wry lime of said Lot 15 to the southeast
comerthereof,
52)111139CE northerly along the oastary bou ndary the of said Block i to the midpoint allot 19:
53)TRIM westerly along said rntdpointof tot 19 and extent3ng across Complex Boulevard to
point on the west dile-okay thereat
54)MICE mob,*along the wast right-of-way of Complex Boulevard to a point on the northerly
right-d-waf of ate tdghwy 37;
55)THENCE northwesterly alorbg sold ryhtolway Ina of Interstate Mghwey 37 to the rawtsdy
right-ol•way of Southern MMurds Road;
56)MINCE northerly along the east right-afmay Nae of Southern Minerals Road to the southerly
right.olvey ins of Up liver Reath
57)TWICE southeasterly along the south right-of-way Ine of tip MrsrRoad to the northwesterly
comerof Lot 1.Sloth 1 of the Mhisouri Peclac Industrial Area as Recorded In Volume S2,Pale 53
of the Map Records of Nuecas County,T s;
59)111191a arson said Lot k
501'Zti'W a oWsnee of 437.9V to a point at the southwest.*comer thereof;
SS4'64'4rE a*dunce of 172.72'to the southeasterly corner theme
N0126'W a distance of 507.9e to a point on the south dght of-wey Rnaa of Up River Main
59)TeICE southeastery along the south right oRway this of Up River Road to the northwesterty
career ofa 3.75 Acne tract of fend described In Document 1200100777 olds WWII Public
Records{of Muses County,Tess
60)iHBrCEaround said tractsoutherly,southeasterly,and northerly,crossing Up River Road to a
paint on the north right-of-way hereof;
451)11111105 northwesterly along the moth Vol-of-way Bae of Up Off Road to Its Intersection of
the west til ht'ot-hvay Ingot Soudam Minerals Road;
62)THENCE southerly along the west right-okay of Southern Minerab Mad Me point on the
northerly right-of-way of interstate Highway 37;
63)THENCE northwesterly sloes said right-of-way line ofInterstate Highway 37 to the southerly
comer of tot 7.Bloat 1,Goidston Addition as Recorded in Volume 55,Pale al of the Map
Records of Nunes Cowry,Tess;
64)THENCE around said tat T northerly,westerly,and southerly to a point on the north right
way line of nterstate Highway 37;
63)THENCE northwesterly elan said tight-of-way Nee of Interstate HIghway 37 to the easRady
right-of-way lineal Hunter Road;
66)THENCE nor harly along the east right-okay dee of Hunter Rod to the southwesterly corner
of a tract of land desafbed In Document 112012022560of the Mai Public Records of Nueces
County,Texas(Tait N)0272.0100.03o0);
67)THE CEsas erly alortg the south boundary he of said tract to the southeast comer thereof;
6$)THENCE northerly along the east boundary bre of aid tract and along the east boundary line of
a tract of lad desalbed in Document 8012022560 of the OIDdel Public Records of Nueces
County,Texas(Tet 13 02714100-0200k
69)THENCE northwesterly and westerly along the north boundary Nae of said Inset to the east light-
of-way Me of Hunter Road;
70)THENCE northerly along the east right-of-way line of Hunter Road to its intersection with the
south right-of-way Nae of Up River Road;
71)Men southesstortlalong the south night-of-way Eat of Up River Road to the northwest
UMW allot 3,P.V.Alatenderas shown on Volume 34,Pap li of the Map Rsoonds of Nuecas
may.Tema;
72)THENCE southeasterly shag the west boundary Ins of said Lot 3 to the southwest turner
thereof;
73)THENCE southeaste ►along the southeast boundary ant of said tract and&lonathe southwest
boundary angora tract of land described In Doaaaent 12012022560 of the Wlidsi Public
Records of Nukes County,Tips 4Thn D 0272.0100.000c);
74)THENCE easterly along the southerly boundary line of boundary line de pati of tend desiibed
in Document 12012022560 of the closet PubbSc Records of Dunces County,Texas(Tan N]0272-
0100-0400k
75)THENCE northerly along do east boundary line of said tract and crossing Up Rhsr Road to s
point on the north right-of way thereof;
wan=northwesterlyHong the north right-of-way line of Up River!load to its Intersection of
die west itglit-ofivey line of Hunter Road;
77)THENCE southerly crossing Up River Road and along the west right-of-way line of Hunter Road
to Its intersection with the north right-oFwey line of interstate Noway 37;
71)THENCE along said rtght-of-way line of leterstate Highway 37 to the southeast
corner of tot 1,Acte 1.Hunter tndustriei Park as recorded in Volume 43,Pogo 3L of the Map
Recon of Nusces County.Texas;
T9)THENCE northerly along the east boundary line of said tot:to its intersection with the south
right-of-way line of Up River Road;
So)THEM northwester$f along the south eightoof way line title River Road to its intersection of
the west dithookvay line of Suntide Road;
11)THENCE nodnwestedycrossing Up River Road to the intemection albs west right-of-way line
of Suntide Road meets the north right-of-way of Up River Road;
IR)THENCE southeasterly crossing Suntide Road to the Intersection of the east right-ef-way line of
Reticle Road meets the north right-of-way of Up River Road;
$3)nom northerly aknE the east dght-of way Ina of Suntide Road to the southwest corner of an
unpbnWd tract of land debited in Document 1148716 of the OfRdel Public Records of Mucus
County.Teras(Tax 1D 026741002.0000k
84)THENCE around said tract easterly,northerly.end westerly bowkn Suatde road to a point on
the west right-of-way line thereof;
IS)THENCE southerly rime the west right-of-way Nae of 5untlde Road to the northeast corner of
West End Heights as recorded lit Volume 15,Page 4 of the Map Records of Nueces Cohunty,
Teras;
86)THENCE amend said West End heights
509'35'W a distance 10374.53'to to point at the northwest corner thereof;
500'2S'E a esteem of 827.92'to the southwest corner thereof.being on the northeast right-of-
way of Up Oar Roark
87)THENCE why along the northeast right-of-way line of up River Road to the extension of
the easterly boundary line of an unphtatted tract of land described kh Document hZ0300404Z$of
the Oficial Public Records of Nueces County,Teras(Testa 794$0000-3715h
Y)THENCE southerly,bossing said Up River Road,and along the east boundary Ens of said
unelected tract to the southeast corner thereo f
19)THENCE northwesterly along the southwest boundary line of said mobbed tract and ofan
unpinned tract of lead described hn Document 1171850 of the Official Public Records oilman
County,Tms(tie IE 79e6.o000.3710)to the southwest comerthemo4
10)THENCE northerly along the west bawdsry Roe ofsaid tract and the east boundary Ire of
Tuiaso Mad Subdivision as recorded In*hese 13,Pap 23 of the Map Records of Nunes
County,Tans to the northeasterly corner thereof;
91)THENCE northeasterly crossing Up River road to themuenster*comer of an enplaned tract
of land described In Document 12010040423 of the OfRdal Public Rei rdsof fleeces County,
Texas(Tac ID 0266.0040.0100)to the southeast corner there*
92)THENCE northwesterly along the northeasterty right-of-way of Up River Road to its intersection
with the northerly extension of the westerly rlghtof-way of Tldoso Road;
93)THENCE southwesterly crossing Up River road to the northeasterly conheraf Lot 1,Block 1,
Covington ledestrial Tracts recorded In volume 46.Page u of the map Records of fleeces
County,Tiaras;
94)THENCE around aid Covington bdusidal Tract
500'03`14!W along the westerly right-of-way We of Tuleso Rad a distance of 437.74'toe point
at the scut eastMy comer theme;
wrong a dhtance of 363.11'to the soudhrresterly comer thereat
NO0'0314"E a distance of 500.11'to a point on the southeasterly right of-vray of Up River Road;
9S)THOME aonsrwrh Hoeg the southeast right-of-way lire of Up River Road to the
northeasterly comer of an emplaned tract of bad described in Document N2Omo4Ou9 of the
Official Public Records of Nueces County,Tapas(Tax b 7946.0000.3120
96)THENCE southerly along the easterly boundary line of saki unplaced tract to the southeast
corner thereof;
97)THENCE northwester*along the southwest boundary pee ofsald enplaned tract and olio
enplaned frau of end described In Document 12010040429 of the Osild l Public Records of
Nueces County,Teas(Tax 10 790-13000-0410)to di''Denman corner dame;
91)niece southerly abag the orb boundary Eno of an enplaned tact of lend described in
OMumeet 12004031460 of the OMNI Public Records of Nieces County,Teas)Tau ID 7946-
0000.9641)to the southeast comer thereof;
99)THENCE along dee right-of-way of buerssae Medway 37 and the
southwest boundary Wee of said enplaned tact to the southwesterly corner thereof:
100) THENCE northerly along the westerly boundary line amid enplaned tract end of en
wetted twit of land described in Document 12004031460 of the OfhlcMel Public Records of
Nueces County,Texas(Tax ID 794640000.4030)to the northwest corer thereat
101) THENCE northwestarly along die southeast right•of way lMee of Up River Road to the
nortnea:holy corner of an enplaned tract Oland described hi Document 12007056023 of the
Official Public Records of Nueces County,Texas(Tax ID 7946.0000350S)
102) THENCE southerly ung the easterly boundary line of Bald unpinned tract 10 the
soudiesat comer thereof:
103) ?HENCE northwesterly done the northeasterly right-of-way of interstate Highway 37
and the southwest boundary lone of said unpia4ted tract end of an enplaned tract of land
described In Document n007056023 of the CORM Public Records of Nueces County,Tens(Tex
f0 79460100.3510)and of an uiplattad tract Oland described in Document 12010010421 of
the Offidai Public Records of Nukes calmly,Texas(Tax 101057.0000.0011)to the southwest
corner t erect
184) THEM 11 alosa the boundary this of said trepbltted tract and of an
enplaned tract of land described In Moment 12010040428 of the Official Public Records of
Nueces County,Teras(fax ID 3057.0000`O70a and afar.enplaned tract of land described In
Document 02010040428 of the MIN Pubk Records ofNueees County.Texas(Tax ID 8057-
00000010)to the northwest comp threof;
103)line Regrow Eberly crossing Up River Road to a point on the westerly rig*o+iwy
108) THENCE northeasterly along the westerly dein-of-way bre of said Renfrow Lane to Its
Intersection with northeastedycorner of an tnnptatted tract alma descsbed In Document
12010040421 of the Official Pubic Records d Nueces County,Texas(1x ID 0271.00120000(;
107) THENCE waste*.southwest sly,northwesterly,and s edwvestedy to a point on the
northeast deht•of-uny of Up liver Road;
101) THENCE along the northeast right-of-way line of Up River Road to the
southeasterly corner of tat 1,Stock 1,Tecobte Tract as recorded in Vokene 55.Pale 100 of the
Map Records of Nueces County.Tiers
109) THENCE northerly atone the east boundary floe amid tot 1 to the sou hwesterfy corner
of an unpiatted tract of land de:acrbed M Document 12010040421 of the Official Public Records
of Neaps County,Texas(Tax ID 026641114041100):
� TTS easterly,northeasterly,westerly and southery to the northeast comp of said
n) THENCE northwesterly Mona the northerly boundary Roe of said Tecolota Tract and an
unpletted tract of land described In Doc,raent 1220040421 of the Official Pubic Records of
fleeces County,Terms(Tae D 026640010 lo the northwest comer thereof
112) THENCE southerly alone the westerly boundary Me timid unpbtted lot to a point on
the northeast rfahtofway of Up River Road:
113) mem Northwesterly alarm the northeast right-of-way lone of up Oar Road to its
Intersection with the westerly daht-away One of NOVAS Ferry Road;
314) THENCE nort wegerly along the southwest deist-of-way eau of Nelms Ferry Road to
the northeast corner of tat 7,AWhennnan Garden tots as recorded in Volume 4,Page 31 deb
Map Records of Nunes County,Texas;
115) THENCE southerly along the easterly boundary line of said Lot?to a point on the
northeast right-otomy line of tip River Road;
uW THENCE northwesterly along the northeast right-away line of Up River toad to the
southwesterly cameral tot 6 of said Arman Genyn Lo
117) THENCE northerly along the westerly boundary line of said tot 6 to a point on the
southwest rfdht of.way One of Helms Ferry Road;
111) THENCE northwesterly along the southwest richt of way line of Heams Ferry Road to
the northerly boundary line of the said Awkennan Garden tots;
119) THENCE waste*alone the north boundary Ins of the said Awkannan Garden tots and
the extension thereof to a point on the nortter y Nghtof-wry Me of Up River Road where It
meets khbersbfe lIghway37;
3211) THENCE northwesterly along the northeast right-of-wry line of interstate Hlghway 37 to
the southeasterly boandny gee of an unpbtasd tract of land described in Document
112010040420 of the OMCIN Public Records of NluecesCo.nty,Moss(Tar RD 0263.0090.0500k
321) THENCE around said ueplatted tract northerly,notdleer start'.IMOVMStegiy,and
southerly toe point on the northeasterly rightof.way of hamlets Highway 37;
122) THENCE northwesterly along the northeast dght.aeray Me of interstate Highway 37 to
the southeasterly>wundery ane of an unpbttad tract dialed described In Document
12001047494 of the OAtdW Pubic Records of Nueces County.Tams(tax Its 02611-00604000a)
123) THENCE around said unpiatted tract malwasterly.westerly,soutwMwery,and
southeasteriy to a point on the northeasterly right-of-way of interstate Highway 37;
124) THENCE northwesterly along the northeast right-of-way One of interstate Highway 37 to
its Intersection with the easterlyright-of-way One of Carbon Plant Road floe Fulton Corridor);
1) THENCE northeasterly along the southeast right-of-way line of Carbon Plant Road(toe
Fulton Corridor)to its intersection with the northerly right-of-way Ens of Mckkade Lane
126) 'MENCE northwesterly along the northeast right-of-we/tine of Mddnde Lane to its
intersection with the southeasterly corner of the Alison Wastewater Treatment Plant;
327) THENCE northerly along the easterly property line of the mane Wastewater Treatment
Pleat to the moth shoreline of the Hees River and Point of 9agin Bing and containing 9,775
Arses more of las
Together wdth 3 blend parcels deaceibed as follows
Area 1
2.73 acres out of lot 2.Block 1,Stataway Subdivision as recorded in Volume 311,Pam Bo of the Map
Records of Nueoes Cooty,Texas.Said 2.73 Acres being further described In Ooaanent 12011026606 of
the tocol PUbk Records of Nueces County,Terms.
Ares Z:
Beginning at the southeast comer of lot 1,Block 1,Stateway Subdivision as recorded In Volume 311,
Pap 12 of the Map Records of Weals County,Term
THENCE North 499.57'Nona the easterly boundary amid trot 1 to the northeast corner thereof•,
THENCE southeastsdy atoms the southwest r fght-of-way One of tip River Road to the westerly right-of-
way Nne of Oakwood Road;
THENCE southwesterly along Me writ right-ofwway ane of Cbr:wood Road to the northerly right-of-way
I ns of Interstate Highway 37;
THENCE northwesterly tong the northeasterly rlght-of-way floe of Itnrstate Highway 37 to the Mint of
Beginning
Area 3:
tot 1,Block 1.Meaney MdustrW Tracts as recorded b Volume 46,Pace 1d0 of the Map Records of
Plumes County,Texas;
This document was prepared ander 22 TAC$663.21,does not Whet the results of an on the ground
survey,and Is not to be used to convey or establish Interests in real property emapt those rights and
interests Implied or meted by the ovation or recordigkration of the boundary of the pound
subdlvWon for which it was prepared.
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NINNImmumm
INDUSTRIAL DISTRICT NO. 1
CITY of CORPUS CHRISTI. TEXAS
Deportment of Engineering Services
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INDUSTRIAL DISTRICT NO. 1
CITY of CORPUS CHRIS77, TEXAS
Deportment of Engineering Services
SulDivision
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DAUM ibt
KAIN•liwarimplAnntriqy CC -7111. ShestAatiathre
SPlar 2 Of
Corpus Christi Mdusbiat Oistrid No.2
APProlimately 4.157 acres of land within Mieaes County,Tams,outside the city limits of the qty of Corpus Christ
and generally bounded on the south by the existing north tight-of-way Rae of State Highway No.44;on the west
by the east right-of-way of Farm to Market Road 1694(Callkoatte Road),from State Highway No.44 to Swetikk
Road(County Road 44k on the north by the south right-clown Swedidt Road,from Fano to Market Road 1694 to
Fang to Market Road 24(Violet Road)and on the east ryht o/.way line of Farm to Market Road 24,from swetgck
Road to the north property line of%ulster Chernimis LP,extended westerly to Farm to Market Road 34;on the
north bit the north property ane of EquMu Chemicals LP extended!norm Farm to Market Road 24 to and along the
north property line of Equistaramaamiwia LP and extended Rawly to the present city limit line and on the east by
the present city!knit Ona and the elderly right-of-way line of Rand Morgan Road and being more fully described
as follows:
B eginning at the intersection of the existing north tight of way One of State Highway 44 with the edging east
right-of-way lineal Finn to Market Road No.1694(Callimagr Road)far the southwest cameral a 1.5 acre tract
o ut Lot 4 of the W.B.RekerSubririsiort of the Cody Pathan(Volume 2,Pap 16,Map Rumina of flumes County,
Tlnms),described in acumen No.2007036659 of the O0idat Public Records of Nunes County,Texas(ax lD
057.000004081 and for the southwest corner of this Distskh
'THENCE,ht a northerly direction,with the east right-of-way of Farm to Market Road No.1694(Caalcoatte Roads,
approximately 4795 feet to the hnersection of said east line of Farm to Market Road No.1194
(Callicoatte Roe*with the south richt-of-way line of Swedidr Road(County Road No.44(,for the northwest
comer of a 4.1111 acre tract omit of tot 25 of tie W.B.Baker S on of the Cody Partition(Volume 2,Page 16,
Map Records of!Imes County,Texas),described in Document No.2012000442 of the Official Public Records of
Nueces County.Tineas(fax D 0376.0000.2508)and for the northwest corner of this District;
THENCE,bon easterly direction.with the south right-of-way One of sw udlck Road(County Road No.44),at
appronimately 5,144 feet pass the northeast camera/fa 253.4117 acre tract out of tots 22 t ru 2s of the W.I.
Baker Subdhesloa ofthe Cody Partition(Volume 2.Pap 16.Map Records of Nuncio County.Texas),described in
Document No.2001015/1441/of the Df9cM Pubic Records of Nims County,Taxan(Tart ID 0076.0000.2210)and
the westerly right-of-way of saki Fanm to Market Road No.24(Violet Road)and continuing in an easterly direction
to the east right-of-way of said Farm to Market Road No.24(Violet Road)for an kmtarior comer of this District:
THENCE,in a northerly direction,with the east right-of-rmy of said Farm to Market Road No.24(Violet Road),
same being the west boundary of the Equtstur Clemiqls,W 131.49 acre tract,being out afusessors Map 239,
described in Document No.2003033213,Official Public Records of Nunes County,Texas(Tax ID 0270-0040-
0000),a distance of approximately 22ssD feet for the northwest comer of said EgetisterChemiptn,LP 131.49 acre
tract and for comer ofthe District
THEME,In an easterly direction„with the north boundary of said EqulstarChemlols,LP 131.44 are tract and the
north boundary of the EquistarChemials,Us 3E1.74 acre tract,!ming out of Assessors Map 143 and out d Text
1t sunny ill of the Charles Land,Abthact 854,said 333.74 acre tract described M Coarsen No.199110376-
/3W.Dflldal Pudk Records of dunces County,Texas(Tax ID 0276 0126 00Oo).a distance of appradnaate y 6,030
feet to the intatmtion of the north boundary line of said 333.74 acre wills the City of Corpus Christi dty hunks
One,for the northeast corner of this District;
THENCE in a southeasterly dkection,with the above-mentioned City of Corpus Christi city!forks Rne,at
approximately 4.140 feet pass the apprrsdn.Me anter of Mdlinzie Road and continuing in a southeasterly
dratxioe,with the mead City of Corpus Christi city Rinks Elie,a total distance of approximately 15,290
fat to the ihte s ction of said dty nits line with the existing west rightist-way of Rand Morgan listed.same
being the east boundary ore 117.47 we tract out of tots 1 thn+4,8bdt 403 of the Rowena Sheerer land
(Volume 3,Page 17,Map Records of Nowa County,Texas),described in Doctanent No.2000014422,DIstal
Public Records of Maces County,Teas flax ID 791100008210)and fore canner old*District;
VENCE,in a southerly direction,with the misting west boundary of said Rand Morgse Road,same being the east
boundary of said 187.47 we track a distance of apprmdastNy543 feet to the hntersution of said west boundary
of Rand Morgan Road with the existing north nyht olsay Una of Sete resew ray 44 for the southeast comma
sdd1$7.47 we tract and for the satheaat comer of tib District;
Melo,is a westerly direction,with the misting north boundary of State ifighway44,at approximabty77900
feet pass the approximate anter of McKie*Road,at approinaldy 18,100 feet pass the epprotdmate center of
Farm to Market Road 24(Violet Road,in Ala total approximate distance of 4206 feet to the Point of Beginning
and containing alp 4,137 acres of land.
This document was prepared under 22 TACj663.21.does not reflect the results Dian on the pound surrey,and is
not to be sued to convey or establish Interests In reef property wept those rights and interests implied or
estabtsthed by the creation or reconliguratton of the boundary of the political subdivision for which it was
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INDUSTRIAL DISTRICT NO. 2
MOO
CITY of CORPUS CHRISTI, TEXAS
Deportment of Engineering Services
Spryly Division
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Osier ,/3/2013
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IMEET rOF1
EXHIBIT B
7adsshht District Aunt
INDUSTRIAL DISTRICT AGREEMENT NO.
THE STATE OF TEXAS §
COUNTY OF NUECES §
CITY OF CORPUS CHRISTI §
This Industrial District Agreement C'A r)made and entered into under the authority of
Section 42.044 of the Local Government Code, by and between the CITY OF CORPUS
CHRISTI, TEXAS, a Texas bonezule municipal corporation of Nueces County, Texas,
hereinafter called the"CITY",and [Name of landowner],a[State][type of entity],Landowner,
and[name of lessee de improvements owner],a[atate][type*Tenth)/Lessee and Improvements
Owner,hereinafter cot lectively called the"COMPANY".
WITNESSETH:
WHEREAS,it is the established 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 by attracting the location of new and the expansion of
existing industries therein,and such policy is hereby wed and adapted by this City Council
as being in the best interest of the CITY and its citizens;and
WHEREAS,the COMPANY is the owner and/or lessee of Land or owner of Improvements on
land within the Extra Territorial Jurisdiction of the CITY;and
WHEREAS,under said policy and the provisions of Section 42.044,Texas Local Government
Code,the CITY has enacted Ordinance No. 15898,approved November 26,1980,as amended,
incorporated for all purposes, indicating its willingness to enter into Industrial District
Agreements with industries located within its Extra Territorial Jurisdiction and designating the
specified land areas as Corpus Christi Industrial Development Area No. 1 and Corpus Christi
Industrial Development Arca No.2;and
WHEREAS, in order to correct certain boundary issues, Ordinance No.
reestablished the boundaries of the land areas known as Corpus Christi Industrial Development
Area No. 1 and Corpus Christi Industrial Development Area No. 2 and renamed such areas
"Industrial District No. 1 and Industrial District No. 2", herein collectively called "bodnsnial
Districts";and
WHEREAS, the CITY desires to encourage the updating,expansion and growth of industries
within said Industrial Districts,and for this purpose,desires to enter into this Agreement with the
COMPANY;and
WHEREAS, the COMPANY desires to minimize its tax burden and avoid regulation by the
CfIY of the COMPANY'S structures and properties within such Industrial Districts.
NOW. THEREFORE, do consideration of the pre , the mutual agreements of the parties
herein contained and under the authority granted under Section 42.044,Texas Local Government
Code,and the Ordinances of the City referred to above,the CITY and the COMPANY hereby
agree as follows:
Article 1
fieggamunmnsilligeammagia.The CITY covenants and agrees that during the term
of this Agreement, and subject to the terms and provisions herein, the Land shall retain its
extraterritorial status as an Industrial Dist ict,and shall continue to retain this status until and
unless the same is changed under the terms of this Agreement.Except as herein provided, the
CITY further covenants and agrees that the Land shall be immune from annexation during the
term of this Agreement.
Section 1.02 Limited jg Industrial Use.COMPANY covenants and agrees that during the term
hereof,COMPANY will not use or permit the use of the Land and Improvements covered by this
Agreement for purposes not included within the term"industry"."Industry"as used herein shall
mean for the sante industrial uses to which the Land, or similarly situated land within the
Industrial Districts„ is now devoted by the COMPANY or other such parties holding such
similarly situated land. Holding the Land and Improvements for borne"industry"use,without
taring same iter non-Industry purposes,does not violate this paragraph.If the COMPANY uses,
or permits use of,the Lend and/or Improvements covered by this Agreement for purposes not
included within the tam"industry"es defined above,the payment in lieu of tax to be paid by the
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
on the Land that would otherwise be payable to the CITY by the COMPANY if said
Improvements ware situated on land within the CITY limits of the CITY.The increase shall be
immediately effective for all payments from the inception of this Agreement, and the
COMPANY shall transmit to the CITY within sixty(60)days of being notified by the CITY of
the determination of a non-industry use, subject to the notice provided for in Section 4.04,an
amount equal to said one hundred percent(100%)of ad valorem taxes from the inception of this
Agreement,less any amounts previously paid,plus penalties and human as if the amounts were
delinquent taxes.The CITY shall be entitled to its attorneys' fees and other costs in collecting
any of these amounts. In addition, the 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
delem>inadon 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 and until the Land is amend.
the COMPANY shall continue to make payments equal to said one hundred percent(100%)of
ad valorem taxes.
Seethes J.6: Aaieaada. Corridor. If any other company within the Extra Territorial
Joedsdiction of the CITY thus to enter into an Industrial District Agreement with the CITY or
defauhs ore their in lien of tax payments,and said defaulting company is not contiguous with the
CITY'S boundary,the COMPANY shall,after the CITY provider the COMPANY with sixty
(60)days prior written notice of intent to initiate annexation proceeding permit the CITY to
annex a saleable strip of laud out of the COMPANY'S Land from the CITY'S boundary to the
defaulting company's land to permit its annexation.In the event the CITY must annexe part of
the COMPANY'S property in order to annex property owned by tlthd parties, the CITY will
annex the absolute minimum amount of the COMPANY'S property legally necessary to annex
such property owned by third parties.The location of such annexed property shall be subject to
the approval of the COMPANY.such approval shall not be unreasonably withheld.COMPANY
and such annexed property shall have no right to any CITY services as a result of such
annexation;nor shall the CITY extend,by ordinance,any Hiles,orregulatoac,including,but not
limited to, those (a) governing plats and subdivisions of land, (b) prescribing any building
electrical,plumbing or Inspection code or codes, or(C)attempting to exercise in any manner
whatsoever warner over the conduct of COMPANY'S business thereon.Such annexed portion of
land shall 'attain a part of this Agreement and shall not be subject to CTTY taxes, but shall
continue to be included within the in lieu of tax payment. In the event that the need for an
annexation corridor no longer exists, including but not limited to the defaulting company
entering into an Industrial District Agreement,or has met its obligation to the CITY,the CITY
agrees to immediately cease any annexation proceedings related to the annexation corridor over
the COMPANY'S Land,or within(60)days,take the steps necessary to complete disannexation
proceedings required to remove from the city limits any unnecessary annexation corridor.
Ssalsgaaliglnkryko During the term hereof,pursuant to this Agreement,the CITY shall
have no obligation to extend to the Land any utility or other CITY services,except for services
that are being provided to and paid for by the COMPANY on the dote hereof,or as otherwise
stated herein.
fiegjeLL4UkUltindgalgalgo The CRY mapro
vide fire protection services
COMPANY at the option of the COMPANY for an additl lto the
under Section 3.05 hereof. payment to the CITY as set forth
Sectio. 1.06 CemolIa.ee with City Rules and Regulates The CITY and the COMPANY
agree that during the term hereof. with respect to the Land, the CITY shall not require
compliance with hs rules or regulations_(1)governing zoning and platting of the Land,or any
additions thereto, outside the CITY limits and in an Industrial District; provided, however,
COMPANY Bother agrees that it will in no way divide the Land or additions thereto without
complying with Slate law and CITY ordinances governing subdivision of land;(2)pressing
any building electrical, plumbing or inspection code or codes; or (3) prescribing any rules
governing the method of operation of COMPANY'S business, except as to those regulations
� to the delivery of utility services and industrialmite te disposal through CITY-owned
Bunion iJ?Definitions.
A. Q.As defined in the preamble hereof and includes its successors and assigns.
B. Comungualgumnainsdaa. Physical construction(including, at a minimum,
excavation for tbvndstiom or the beginning of installation or erection of
improvements)at the primary site of the eligible project has begun.
C. bagdsgligomminuti. In use prior to January 1,2015 and no longer on a payment
scale or have completed the phase in scale set forth in Section 3.01 E of the
D. Zara Territorial JurisdictionlEFJ).The unincorporated area that is contiguous to the
corporate boundaries of the City of Corpus Christi and that is located within five
miles of those boundaries.
E. coadelkaallgusetsmisa.Improvements that are in use prior to January 2015
mai Dtogre g through the eight year phase in scale set forth in the Priormo
F. Igagrzegma.As defined in Section 1.04(3)of the Texas Tax Code,and shall also
include power generation facilities,petroleum and/or chemical refining,processing,
extraction or storage Ihcilldes,stmuctues,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 COMPANY. Includes Existing Improvements,Grandfathered
Improvements.In Progress and New Improvements.
G. ingogilmgatzsungo. Impmvements for which construction has commenced,
but which are not Placed in Use,prior to January 1,2015,or for which government
permits related to the construction of an Improvement or the expansion of Existing
Improvements have been issued prior to January I,2015,but for which construction
has not commenced.
H. jpdgtstri District. The industrial districts created pursuant to Onlinance No.
. a copy of which is attached hereto as Exhibit C and incorporated
herein by reference.
L hangdgillugdaisuutacut An agreement made and entered into under the
authority of Section 42.044 of the Taus Local Government Code.
I. ,Lott. AU of the real property owned, leased or posed by COMPANY and
located within the Industrial Districts and designated on Exhibit A attached hereto.
K. Market Value.As determined and defined by NCAD.
L. KOMI The Nueces County APPA District and includes its successoa and
assign.
M.New jmlaven g.Improvement for which no goverment permit has been secured
and for which constructiou has not commenced prior January 1,2015.
N. Placed in Use.improvements that are completed and Placed in Use and are not listed
by NCAD as Construction Work in Progress(CWIP).
0. Prior Industrial District Agreement. Industrial District Agreement by and between
the CITY and the COMPANY that expired December 31,2014.
Article 2
$ertlon 2.11 Tenn.The term of this Agreement shall be ten(10) years beginning January 1,
2015,and continuing until December 31,2024,unless terminated as herein provided or extended
for additional period or periods of time upon mutual consent of the COMPANY and the CITY as
provided by the Local Government Code;provided however,if this Agreement is not extended,
or replaced with a slmllar agreement that provides for an additional period or periods of time,on
or before March 31 of the final calender yea of the term haeo£ then the imtnmity 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 tem;provided,however,the effective date and time of
annexation shall be no earlier than midnight of December 31 of the final year of the term.
$eedoa 2.12 Extended,Term. This Agreement may be extended for an additional period or
periods only by written agreement between the CITY and the COMPANY.
Article 3
Begat 3.11 Payment In hien of Ad Valorem Taxes.Each year during the term bereo& the
COMPANY shall pay to the CITY:
A. Land. An amount in lieu of tax on the 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 the Land which would otherwise be
payable to CITY by COMPANY if the Land were situated within the CITY limits.
B. Existing Improvements.An amount in lieu of tax on Existing Improvements(excluding
personal property)located on the Land equal to sixty-two and one half percent(625%)of
the meant of ad valorem taxes based upon the Market Value of the Existing
Improvements which would otherwise be payable to the CITY by the COMPANY if said
Existing Improvements were situated on land within the CITY limits.
C. Grandfathaed Improvements. If prior to January 1, 2015, the COMPANY was
pig through the eight year phase in scale set forth In the Prior Industrial District
Agreement,then the amount of in lieu of tax payments on Orandfsthered Improvements
(excluding persons property)shall be phased in as follows:
YrPkccd Yrtor Yr2of Yr3of Yr4of Yr3of Yr6of Yr7of Yraof Yr9of Yr10of
it the Mow/ Comma Comet Coma Carnet sonnet Coosa Coosa Coosa Comet
Paw -62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 623% 62.5% 62.5%
2007
2007 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% '62.5% 62.5% 62.5%
2005 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 623% 62.5% 62.5%
2009 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5%
2010 34% 42% S0% 58% 62.5% 62.5% 62.5% 62.5% 62.5% 62.5%
2011 269E 34% 42% 50% 58% 62.5% 62.5% 62.5% 62.5% 62.5%
2012 19% '26% 34% -42% 50% 58% 62.5% 62.5% 62.5% 62.5%
2013 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5% 62.5%
2014 6% 12% 19% 26% 34% 42% 50% 58% 62.5% 62.5%
D. In-Program Improvements.If prior to January 1,2015.the COMPANY has In-Progress
Improvements, the COMPANY may, at Its option, choose to have the in liar of tax
payment for said In-Progress Improvements phased in as shown in Section 3.01 C above,
or as in Section 3.01 E below.No later than January 1,2015.COMPANY shall elect an
option and must present the City with documentation of government permit or proof of
Commencement of Construction.
E. New Improvements.With respect to any New Improvements,the in lieu of tax payment
shall be phased in as follows:for the first four years after the New improvement is Placed
in Use,the COMPANY shall pay no in lieu of tax payment to the City for said New
Improvement. Commencing with the fifth calendar year after the New Improvement is
Placed in Use,the in Gen of tax payment shall be equal to sixty two and one half peeent
(62.5%).The first year of use for purposes of this New Improvements payment shall be
deemed to begin on the first day of January following the date when the New
Improvements are Pieced in Use.
F. With respect to any new land acquired by the COMPANY located within an Industrial
District,the use of which relates directly to the primary use of the parent tract,the new
land shall be included in the COMPANY'S land known as the Land, and shall be
considered in calculating the in lieu of tax payment on the Land as of January 1 of the
first year following the date which the new land is acquired by the COMPANY.Within
ninety(90)days after the acquisition of new hind by the COMPANY,the COMPANY
shall provide the CITY with a revised Exhibit A that includes a complete listing by
MCAD Geographic ID number of the newly acquired land.
Q With respect to any new land acquired by the COMPANY after January 1,2015,located
within the Extra Territorial Jurisdiction of the CITY.the use of which does not relate to
the primary use of the parent tract, the COMPANY shall report such pulse to the
CITY and the CITY shall determine whether an Industrial District Agreement is desired
for such newly acquired land.
rpe Ilea 3.92 Calumny Schedule of Value. On or before August 31 of each year of this
Agreement, or upon final determination of Market Values by NCAD, whichever is later, the
COMPANY shall provide to the CITY an itemized Schedule of Value by sworn affidavit,on the
form attached hereto as Exhibit B, listing all NCAD Geographic ID mothers sod the values
related thereto, and showing ill Land and Improvements, owned or mingled by the
COMPANY Including and ideoti1 i g the property to be valued as
partofthis d in U Agreement(the
"Schedule').The Schedule shall also list the
COMPANY has no year any Improvements were Placed in Use. The
objection to the CITY'S review of all forma,mon,and documents
provided by the COMPANY to NCAD and,in the event of appeal,the Appraisal Review Board.
Failure to provide the Schedule to the CITY shall constitute a breach of this Agreement
of Abs. In determining the COMPANY'S annual in lieu of tax
paymen.nt
of all Land and Improvements as determinedthe calculation shall be made utilizing the Market Value
by NCAD.or its successor,under provisions of the
Texas Property Tax Code. The COMPANY shall timely provide infbrmation and reports
required under this Agreement and under Taus law, rules and regulations to NCAD or its
designee,so that the appraisal process can be completed in accordance with all applicable state
laws.
Section 3,-04 Cermnadv Protest of Value or_Blftleg, If the COMPANY elects to protest the
valuation set on any of its properties by NCAD for any year or yeas during the term hereof;it is
agreed that nothing in this Agreement shall preclude the protest,and the COMPANY shall have
the right to take all legal steps desired to reduce the same as if the property were located within
the CITY.except with regard to the exemptions in Section 3.06 below.The COMPANY shall
notify the CITY of Its appeal within 30 days after its protest of the valuation is submitted to
NCAD.
Notwithstanding any protest of valuation by the COMPANY or any non NCAD related billing
dispute,the COMPANY agrees to pay to the CITY an initial in lieu of tax payment.on or before
the Due Date in Section 3.07 below, based on the amount billed by the CITY. When the
valuation on said property or any billing dispute has been finally determined,either as the result
of final judgment of a count of competent jurisdiction Of as the result of other final settlement of
the controversy,then within thirty(30)days thereafter.the COMPANY shall make to the CITY
any additional payment due based on the final determination.If,as a result of fuel judgment of a
court of competent jurisdiction,or as the result of other final settlement of the controversy,the
amount of In lieu of tax payment due to the CITY is established to be an amount less than the
amorist of the initial in lien of tax payment for that year paid by the COMPANY,the excess in
lieu of tent payment.if any.collected by the CITY shall be tehaned to COMPANY within thirty
(30)days after said final determination.Any non NCAD related billing disputes shall be resolved
by the CITY within ninety(90)days from the date notice of the dispute is received by the CITY.
An additional amount for city fire protection equal to fifteen
percent (15%) of the amount which would be payable on 100% of Market Value of
Improvements located on the Land will be paid annually;provided,however,that if and as long
as the COMPANY,as of January 1 of each year,is a member in good standing of the Refinery
Termini' 1 Fire Company,or its successor,or the COMPANY agrees to provide fire protection
and emergency services either fiom a qualified external provider or by use of a qualified internal
emergency response or ,it shall not be obligated to pay the additional amount provided
by this Se anon 3.05.Minima qualifications would include meeting certain standards as defined
by applicable OSHA,state regulatory and NFPA Standards that apply to fire control,emergency
mat,disaster planning and rescue services as recognized by the Texas Industrial Fire
Training Board,the State Fireman's and Fire Marshal's Association of Texas or equivalent.The
COMPANY will provide equipment, Indoing, and facilities necessary to safely handle all
expected emergencies and properly protect the COMPANY and the community from the adverse
effects of an ilial disaster,which obligation may be satisfied by the COMPANY being a
member in good standing of the Refinery Terminal Fue Company,or its successor.(Calculation;
Market Value of Improvements x 15%x City Tax Rate•Fire Protection Fee)
Section 3.96 Calsglatiom•!Amount Dv.The CITY shall matt en invoice to the COMPANY,
which sets forth the amount of payment in lieu of tax owed to the City calculated in accordance
with this Agreement.Such Invoice shall be postmarked at least thirty(30)days prior to the Due
Date defined in Section 3.07 below,and shall be mailed to the address shown in Section 10.03 of
this Agreement.The calculation shall be made without reference to the exemption for pollution
control property in Section 11.31,Texas Property Tax Code,and Article VIII,Section 1-1,Texas
Constitution,as same presently exist or may be hereafter amended„using the Market Value of
pollution control equipment certified by NCAD.In addition,all the amounts shall be calculated
without reference to any new tax exemption or any increase in an existing tax exemption enacted
after January 1,1995.
fid ggi 3 la Paysen The COMPANY agrees to pay to the CITY on or before January 31 of
the year following each year during the term hereof(the"Due Date"),all payments in lieu of tax
provided for hereunder and invoiced by the CITY in accordance with Section 3.06 above,
without discount for early payment.The present ratio of ad valorem tax assessment used by the
CITY is one hundred percent(100%)of the Market Value of property.Any change in the ratio
used by the CITY shall be reflected in my subsequent computations hereunder.This Agreement,
and the method of determining and fixing the amount of in lieu of tax payments hereunder,shall
be subject to all provisions of law relating to determination of Market Value and taxation,
including,but sot limited to,laws relating to rendition,assessment,equalization and appeal.Any
invoiced amounts that are not paid by the Due Date shall be considered delinquent.Delinquent
rt
amounts shall be immedately subject to interest at twelve (12%) per annum, compounded
monthly and the COMPANY shall reimburse the Ci1Y for its costs of collections, including
reasonable attorneys'Sees.
Article 4
trades 4.I Cosaoanv Failure to Pim/Company Brea. If the COMPANY fails to make a
payment due to the CITY hereunder or if the COMPANY fails to perform any other obligation
incumbent upon the COMPANY to be performed hereunder; and if such default Is not fully
corrected within sixty(60) days after the CITY gives written notice of said default to the
COMPANY (or, if within such 60 day period, the COMPANY has not demonstrated a
satisfactory plan of compliance approved by the CITY(where compliance requires more than 60
days)), the City shall have the option to either (1) declare this Agreement terminated and
immediately commence annexation proceedings and sue to recover all damages; (2) bill
COMPANY and sue to recover 100%of all monies that the CITY would have received nom the
COMPANY if it had bum within the CITY limits,which includes 100%of W taxes,attorneys'
fees and court costs; or (3) continue this Agreement for its team and collect the payments
required hereunder.
ftedggAILLIga. The CITY shall be entitled to and have a tax lien on the Land and
Improvements which may,is the event of default in payment of any sum due hereunder that is
not cured in accordance with Section 4.04 below,be enforced by CITY in the same mariner as
provided by law and for the collection of delinquent ad valorem taxes.Additionally,the CITY
shall be entitled to and have a command lien on the Land and Improvements which may be
foreclosed in the event of such uncured default(1)judicially or(2)extra judicially in the same
manner as a deed of trust under Texas Property Code,and for that purpose may appoint a trustee
or trustees.
§aedw 443 City Brack. If the CITY breaches this Agreement by annexing or attempting to
pen an ordinance ami any of the Land(except with reference to the agreed annexation
corridor in Section 1.03),the COMPANY shall be entitled to enjoin the CITY ftom 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 farther action in violation
of this Agreement.If the COMPANY elects to pursue this remedy,then so long as the crr
specifically perfecto its obligations hereunder, under injunctive order or otherwise, the
COMPANY shall rare to make the annual payments required by this Agreement.
Seedeu 4.9A Ncdce of the.Notwithstanding anything to the contrary contained herein, in
the event of any breach by the COMPANY of any of the terms or conditions of this AgremmaR,
the CITY shall give the COMPANY written notice specilytng the nature of the alleged default,
and manner in which the alleged default may be satisfactorily cured.Thereafter.the COMPANY
will be afforded sixty(60)days within which to cure the alleged default(or,if cure requires more
then 60 days, the COMPANY shall have the right to demonstrate a satisfactory plan of cure
approved by the CITY within such 60 days,which shall be deemed to be a cure so long as the
COMPANY Is diligently pursuing such pian).
fiegggAngiughoomasust
lieu ofother, The remedies providedherein are cumulative,none is in
any and any one or more or combination of the same is available.Each party,in
addition to remedies expressly provided herein is entitled to any and all other remedies available
at law or in equity.
$eetlan 4.06 No Waiver of Rieitts and Remedies. It is expressly mood that if at any time
the COMPANY is in default in any provision of this Agreement,the failure an the part of the
CITY to promptly avail itself of the rights and remedies that the CITY may have,will not be
considered a waiver on the part of the CITY;provided that if the CITY within ten(10)years
from the date of any default by the COMPANY,does not avail itself of the rights or remedies or
elect to terminate this Agreement on account of such default, then such default is deemed
waived.
Further,is expressly understood that Wet any time the CRY is in default in any provision of this
Agreement,the failure on the pert of the COMPANY to prvmpdy avail itself of the rights and
remedies that the COMPANY may have, will not be considered a waiver on the part of the
COMPANY;provided that if the COMPANY within ten(10)years from the date of any default
by the CITY,does not avail itself of the rights or remedies or elect to terminate this Agreement
on account of arch default,then such default is deemed waived.
$ecdon 487 leindtatisa of Lull tv. To the fullest extent permitted by law, and not
withstanding ony other provision of this Agreement,in no event will either party be liable to the
other party hereunder for punitive, exemplary, or helmet demagea, lost profits or business
interruptions darnages;provided however,this limitation in not meant to limit the CITY'S rights
under this Agreement to collect from the COMPANY any unpaid in lieu of tea payments, late
penalties and interest associated therewith,and any casts of collection including but not limited
to attorney fees.
Article S
Sopa 5.81 Descriodea of Property.The COMPANY agrees to provide the dry with a
listing of Geographic ID numbers, as available from NCAD or its successor, to be attached
hereto and incorporated herein as Exhibit A. With respect to COMPANY'S acquisition of new
land,as described in Section 3.01 F,which becomes included in the Land,COMPANY agrees to
provide to CITY a listing of Geographic ID numbers as available from NCAD or its successor.
Article 6
Section 6.8(Annexotioa By Another Entity.If any attempt to annerc any of the Land owned,
used.occupied,lam,tented 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 epee anion or
incorporation, with the cooperation of the 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 parties hereto;provided,however, the fees of any special legal counsel shall be
paid by the party seas.
Sectionfiggingigijagookadmi.If the CITY and the COMPANY are unsuccessful in obtaining a
temporary injunction enjoining the attempted annexation or incorporation described in Section
6.01 above,the COMPANY shall have the option of(1)tem this Agreement,effective as
of the date of the annexation or incorporation, or(2) condmdng to make the in lieu of tax
payment required hereunder. This option shall be exercised within thirty (30) days after the
application fbr the temporary injunction is denied.If the COMPANY elects to continue the in
lieu of tax payment, the CITY shall place Snare payments hereunder 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-baring escrow
account which shall 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 aodfor upholding the annexation or incorporation,then
all these payments and accrued interest thereon shall be reftinded to the COMPANY;or
B. If final judgment (alter all appellate review, if any, has been exhausted) is entered
granting a pmt injunction and/or invalidating the annexation or incorporation,then
all the payments and accrued interest thereon shall be retained for use by the CITY.
Article 7
Whenever the COMPANY sells all or a portion of the Land or
Improvements to any entity that is not an affiliate of the Company,unless such affiliate will be
responsible Sw payment hereunder,the COMPANY shall within ninety(90)days give notice to
the CITY of said sale, and this Agreement shill continue in eflhct as to all Land and
Improvements sold. If COMPANY sells only a portion of the Land or Improvements, the
COMPANY shall flrrnish to the CITY a revised Exhibit A effective for the calendar year next
following the calendar year in which the conveyance occurred.If the COMPANY leases all or a
portion of the Land or Improvements to an entity that will be responsible for payment hereunder,
the COMPANY shall within ninety(90)days give notice to the C17Y of said lease,and this
Agreement shall continue in effect as to all Land and Improvements leased.
stow 7.02 v's The COMPANY as seller or lessor in a
transaction pursuant to Section 7.01 above,shall remain solely responsible for any payment in
lieu of tax attributable to the Land or Improvements sold or leased unless the COMPANY has
entered into an assignment and assumption agreement with the buyer or lessee of such Land or
Improvements,which Ill shall be consented to by the CITY,in which the buyer or lessee assumes
and/orll Improvements.onstiean under this Agreement as to the purchased or leased Land
$setts■7.03 Assignment. This Agreement may be assigned by the COMPANY. If this
Agreement is assigned,the COMPANY shall notify the COY of such assignment within thirty
(30)d•».
Artkle 8
Section 8ALlnarement.This Agreement shall inure to the benefit of and be bia"ng upon the
CITY and the COMPANY, and shall inure to the benefit of and be binding upon the
COMPANY'S successors and assigns,affiliates and subsidiaries, and, sullies to Section 7.02,
shall amain in farce whether the 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 the agreements herein
contained shall be held to be covenants running with the Land for so long as this Agreement or
any extension thereof remains in force.The word"affiliates" es used herein shall mean:(1)all
companies with respect to which the 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 directorg or(2)all
corporations(or other entities) controlled by or under common control with the Company as
contemplated by Section 1239(c)of the Internal Revenue Code of 1954,es amended.
Article 9
1201.211.112 jag. COMPANY shall use reasonable efforts to acquire all of its
Pte, incng, but not limited to, supplies, materials, moment, service contracts,
construction contracts, and professional services contracts from businesses located within
Names and San Patricia Counties, unless such procurements are not reasonably and
competitively available within said arae. COMPANY*ball not be required to maintain records
regarding this requirement other than those normally kept in its usual course of business.
Section 9.02 Water Preenrunenj. 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
more then ten patent(10%)of its total water needs from any source other than the CITY.
Article 10
,moa 10.01 SeverablItvv.In the event any word,phrase,clause,se:sntence,paragraph,section,
article or other part of this Agreement or the application thereof to ahoy person,firm,corporation
or circumstances shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reasaq then the application, invalidity or unconstitutionality of the
word,phrase,clause,sentence,paragraph.section,article or other part of this 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 afkctod thereby.
This Agreement constitutes the entire agreement of the parties
and suplesedes any and to prior undastandinp, or oral or written agreements, between the
parties respecting such subject matter, except as otherwise provided in the iameun>ents
referenced herein.This Agreement may be emended only by written instrument signed by all of
the parties hereto.
Section 10.03 Notices.Any notice to the COMPANY or the CITY concerning the maters to
which this Agreement relates may be given in writing by registered or certified mall addressed to
the COMPANY or the CITY at the appropriate respective addresses set forth below. The
COMPANY must notify the CITY of any change of address in writing.Notices by a party to the
other party hereto,shall be mailed or delivered as follows:
To the My:
Mr.Ronald L Olson
City Manager
City ofCapusanisti
1201 Leopard
P.O Box 9277
Corpus Citi,Teas 78469-9277
Phone;361-880.3220
Fax:361-880-3839
With copies to:
City of Capita Christi-City Secretuy
1201 Leopard
P.O.Box 9277
Corpus testi,Teres 78469-9277
Telephooa 361-880-3105
Fax 361-880-3113
City ofCorpos Attorney
1201 Leopord
P.O.Box 9277
Corpus Christi,Texas 76469-9277
Telephone:361-880-3361
Fax:361-880-3239
If to Company.
with copy to:
section 10.44 Gsvarelau Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas.This Agreement is to be performed in Nueces
County,Texas.
10 + ,C•.rltrteroarts.This Agreement may be executed in multiple counterparts,each of
which is deemed an oripaal,and all of which taken together,shall constitute but one and the
same instrument,which may be sufficiendy evidenced by one counterpart.
*erten 1046 Authority.By acceptance of this Agreement andior benefits cooikrred hereunder,
each party represents and warrants to the other that its undersigned agents have complete and
unrestticted authority to enter into this Agreement and to obligate and bind such party to all of
the teems,covenants and conditions contained herein.
SectIon 10. 7 Most Favored laden If CITY eat Into a new Industrial Dist Agreement,
or a renewal of any Industrial District Agreement,with a landowner which contains in lieu of tax
payment terms and provisions more favorable to the 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 the more favorable In lieu of tax payment terms and provisions.
"Landowner"shall not include any tourist-related business or Smithies under Section 42.044,
Thus Local Government Code.
The foregoing does not preclude the CITY from entering into a onetime,economic development
agreement with any new major employer within the City's ash-indeutzial district ETJ, or with
any cowpony proposing a major new investment within the City's non-industrial district ETT,as
anis of the C 's a conom�ic development program.
EXIT A
Geographic ID Number Designated By
Phones Comity Appraisal District
EXHIBET B
Schedule of Value
wanarr
City Ordinance
Cresting Industrial Districts
TEXAS COMPTROLLER of PUBLIC ACCOUNTS
P.O.Box 13528 • AUSTIN, TX 78711-3528 �aecob
=,a slo
�rEXAS♦
June 7, 2017
RECEIVED
City of Corpus Christi JUN 2 7 7017
Assistant City Secretary Paul Pierce
1201 Leopard Street
Corpus Christi, TX 78401 CRY SECRETARY'S OFFICE
We have received disannexation ordinance 031145, and the map indicating the property
disannexed from the City of Corpus Christi.
Our office needs additional time to implement the end of local sales and use tax in the
disannexed area. Therefore, the effective date to begin collection of this tax will be October 1,
2017.
If you have any questions or need more information, please call me toll free at (800) 531-5441,
ext. 3-3252. My direct number is (512) 463-3252.
Sincerely,
Brendan Kerrigan
Revenue Accounting Division
Tax Allocation Section
PUBLISHER'S AFFIDAVIT
State of Texas } CITY OF CORPUS CHRISTI
County of Nueces } Ad# 1616488
PO#
Before me,the undersigned, a Notary Public,this day personally came 6 La 03G-1 C-1 , who
being first duly sworn, according to law, says that she is LEGAL SALES REPRESENATIVE AND
EMPLOYEE OF THE PUBLISHER, namely,the Corpus Christi Caller-Times, a daily newspaper
published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval,
Jim Hogg, Jim Wells, Kleberg, Live Oak,Nueces, Refugio, and San Patricio, Counties, and that the
publication of NOTICE OF PASSAGE OF ORDINANCE(S)NO which the annexed is a true copy,
was inserted in the Corpus Christi Caller-Times on:
CC-Corpus Christi Caller-Times 05/22/17 Mon
CC-Internet- caller.com 05/22/17 Mon
J.}LEGAL SALES REPRESENTATIVE
On this of , 20 / certify that the attached document is a true
and exact copy made by publisher.
Notary Public, State of Texas
MICHELLE JOYCE CABRERA
�:...............
My Notary ID#124864183
�?,� Expires March 19,2020
J
Caller-Times Monday,May 22,2017 9B
1,egals
NOTICE OF PASSAGE OF
ORDINANCE(S)
NO. 031145, Ordinance dis-
annexing from the City of
Corpus Christi, Texas, an
approximately 3.41-acre
tract of land owned by Basic
Equipment Company and
located in Nueces County;
adjusting the City bound-
aries; amending Ordinance
no. 029958 by adjusting
the boundary of the City's
Industrial District No. 1 to
include the disannexed
tract; authorizing the City
Manager, or designee, to
execute an Industrial Dis-
trict Agreement with Basic
Equipment Company,requir-
ing the payment of 100 per-
cent of the ad valorem taxes
that would be due if the tract I
was in city.limits,and to file
the Industrial District Agree-
ment in the official records
of Nueces County; provid-
ing for publication;and pro-
viding for severance. This
ordinance was passed and
approved on second reading
by the Corpus Christi City
Council on May 16,2017.
/s/Rebecca Huerta
City Secretary