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Home My WebLink About032954 ORD - 12/20/2022One -Reading Ordinance authorizing execution of all documents necessary to acquire approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said company and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal, for public use as water supply projects, including approval of development agreements in a total amount of up to $5,455,000 previously approved by City Council; declaring a public necessity; providing for the City of Corpus Christi to authorize the use of the power of eminent domain to acquire the aforementioned areas for water supply projects; the consideration of the use of eminent domain to condemn property by a single record vote for all units of property to be acquired herein; and delegating authority to initiate condemnation proceedings and execute related documents to the City Manager WHEREAS, the City of Corpus Christi ("City") requires multiple tracts of real property interests consisting of approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said LLC and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal, for public use as water supply projects described in Texas Government Code 2206.001(c)(3) to connect facilities connecting one location to another location; WHEREAS, the value of the property rights for said water supply projects to be acquired from Flint Hills Resources Corpus Christi, LLC ("FHR") has been appraised at $5,455,000; WHEREAS, in accordance with Texas Government Code § 2206.053, the City Council of the City of Corpus Christi, Texas, has met after a duly noticed meeting in compliance with the Texas Open Meetings Act, and by a record vote of the City Council, (with not more than one Councilmember objecting to adoption by single ordinance for all units of property for which eminent domain proceedings are to be initiated), the City Council has determined to utilize its constitutional and statutory authority to exercise its authority for eminent domain in accordance with State law; and WHEREAS, in accordance with Texas Government Code § 2206.053(f), the City Council finds that the multiple tracts or units of property to be acquired pursuant to this ordinance are for water supply facilities connecting one water supply location to another water supply location, and are necessary to advance the public uses recited herein; WHEREAS, the motion to adopt this resolution has been made by the following motion: "I move that the City of Corpus Christi authorize the execution of all documents necessary, and alternatively, the use of the power of eminent domain, to acquire approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said company and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal for public use for water supply projects". C:\Users\sarahb\AppData\Roaming\L5\Temp\47a736d4-ecff-41 cb-b8fe-9ed09efl c 194. doc 032954 SCANNED NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The aforementioned recitals are found to be true and correct legislative and factual findings of the City of Corpus Christi, Texas, and they are hereby approved and incorporated for all purposes as if they were fully recited herein. Section 2. The City Council of the City of Corpus Christi, Texas, hereby finds and determines that a public use and necessity exists for the welfare of the City and its citizens to construct water supply projects consisting of approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said company and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal as depicted in the attached Exhibit A, for the public use of water supply projects, and such acquisition is solely for the public use and necessity of acquiring this uniquely situated land for improving and connecting the City's municipal water system (herein known as the "water supply projects"). Section 3. The City Manager or designee is authorized to execute a Purchase and Sale Agreement, a Development Agreement, an Easement Agreement, amendments thereto, and other documents necessary for the purchase of approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal in the amount of up to $5,455,000, in the form attached as the attached Purchase and Sale Agreement with Exhibits, with changes to the aforesaid documents as approved by the City Attorney, and such documents with changes thereto are hereby declared to be have been approved by the City Council in accordance with Texas Local Gov't Code § 212.172. Section 4. The City Manager or designee is hereby authorized on behalf of the City to take all steps necessary to acquire the aforementioned fee simple property interests and easements from Flint Hills Resources Corpus Christi, LLC, and related property owners for the water supply projects depicted in green (for fee simple) and other colors (for easements) in the attached Exhibit A, including negotiations and acceptance and recording of legal documents, all subject to availability of funds appropriated for such purposes. If agreements with the owners of the real property cannot be reached after reasonable negotiations, then the City Manager is delegated the authority to direct the City Attorney or other designee to file or cause to be filed against Flint Hills Resources Corpus Christi, LLC and related owners of the aforementioned properties depicted in Exhibit A proceedings in eminent domain in accordance with State law to acquire the easements and fee simple interests in the properties. If it is later determined that there are necessary revisions due to errors in original property descriptions, later receipt of more accurate surveys, or other valid reasons, then the City Attorney or designee is authorized to have such errors corrected or revisions made without the necessity of obtaining the City Council approval authorizing the condemnation of the corrected or revised properties. The City Manager or designee is further authorized to issue payment(s) pursuant to an award by Special Commissioners or other officials in the eminent domain matter, to the extent appropriated funds are available for such payment(s). C:\Users\sarahb\AppData\Roaming\L5\Temp\47a736d4-ecff-41 cb-b8fe-9ed09ef1 c194.doc Section 5. This ordinance authorizing eminent domain proceedings over the properties described and depicted in Exhibit A has been approved by single record vote of the City Council. Section 6. This ordinance shall take effect immediately from and after its passage, and it is so ordained. Section 7. Upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on the day of O iM ( , 2022. C:\Users\sarahb\AppData\Roaming\L5\Temp\47a736d4-ecff-41 cb-b8fe-9ed09efl c 194. doc TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Council Members ai& Paulette Guajar o Mayor The above ordinance was passed by the following vote: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith PASSED AND APPROVED on this the ' S day of ATTEST: D Rebecca Huerta City Secretary Q(Y\, 2022. Paulette Guajardo Mayor C:\Users\sarahb\AppData\Roaming\L5\Temp\47a736d4-ecff-41 cb-b8fe-9ed09efl c194.doc 032954 Exhibit A Depiction of Real Property Interests needed for Water Supply Projects DISCHARGE STRUCTURE (38.000 SF) ONE -54"CONCENTRATE PIPELINE /VA ;,L 4- 4444 INTAKE STRUCTURE (9.800 SF) NORTH SANK BARGE A4=A (KIR=" ,-,.1:•. SUBMERGED SEAWATER PIPELINE EASEMENT 15 / 1041 SF CONSIDERING TWO 14" PIPELINES 11 SUBMERGED CONCENTRATE PIPELINE EASEMENT 15 14.040 SF CONSIDERING ONE 54' PIPELINE TWO - SEAWATER PIPELINES • 4ONE - 54' CONCENTRATE PIPELINE 20"NIDE ACCESS EASEMENT (38.013 SF). THIS INCLUDES AN OVERLAPPING AREA OF 1,119 SF WITH TEMPORARY PIPELINE EASEMENT, 900 SF WITH PERMANENT PIPELINE EASEMENT AND 955 SF W IT I TEMPORARY IPS EASEMENT 55' WIDE TEMPORARY PIPELINE EASEMENT (104,894 SF) • f •.. •r C.f •. 30"11/IDE ACCESS EASEMENT (1,582 SF). THIS AREA OVERLAPS WIT1-1 THE TEMPORARY IPS EASEMENT_ 1 E - E E- E. E T •.,ULC. 1— ALREADY OWNED BY CITY OF C.C. %.TNRCC AIF /A1DN'�ORING / STATION C170 DESAL PLANT SITE �If s TWO- 54' SEAWATER PIPELINES J i 45' WIDE PERMANENTPIPEUNE\�� EASEMENT (80.247 SF) 1 IPS 180' X 80' INTAKE PUMP STATION FOOTPRINT OITCO REF. IPS 400'X800' TEMPORARY CONSTRUCTION EASEMENT (148,000 37I 11 X 300' PERMANENT IPS PARCEL (80,000 SF) PROPOSED SUBSTAION AREA 5..14A4-' OF FPPRG5IU41E W:) <51F4,1 25 511E ;:mqt W.R4011) MR 41T�4L 1144) 4RE ss F i]FF'E EE I] 0 "101145 '.00401' F00 144E „44011111. • "l 0MMEN?0 .T4u.04. 11:1)11441 15 ._. i'1 015E TIF ,Aso, 40004317 04114 0 JT 141.10 4 5TIQT4L 01140.0 Pia 111 00041ERT1>1E RHEUM 4,40 000 00'0400iLllitk). II' 1 FOR THE 00MUETER F 1HE 011E 01r1E, nor 11115 E‘SEUENT ALL ,0115_ 445110.1110E.4040 '41111180 10 5.511.10 RN THE 3444414510 01R4.:1U0Ei I4511511k0 TE MANE •Nn 1509444011 00115', .444444 .55401044100 4119 �4La040 ALL 450 E 01)0400 Depiction of Fee Simple Property to be obtained from Flint Hills Resources Corpus Christi, LLC C:\Users\sarahb\AppData\Roaming\1.5\Temp\47a736d4-ecff-41 cb-b8fe-9ed09efl 0194. doc J LLLI,+CTI E\Raaea ar.J ��kI Depiction of Easements to be obtained from Flint Hills Resources Corpus Christi, LLC Other than Submerged Pipeline Easement, Submerged Seawater Pipeline Easement, Discharge Structure Easement, and Intake Structure Easement 11 .1E +C.E.5 E3 E'E-T ,+E; EAS1NE21 110. 3PP2Ox Eurl42 T 5)10. + E' 40360013 50.4713103:2 +E-1 20646 6192 v;. 2.2.90 9F 19924 T AE. -2112066 5).10) 102]1 30. ;p; 58.923 3E-3 16.639 fAa'!2'r,. (I,tlt1 'F? ,ham 100L S)-192 0.0521 GC. (3],.200 SFJ 50.330 IEUP_l211 1P'EE16E 02 3:4E6T TE} 0003 0D2T 9IENIE F".E'4DR :00E) E20E4015 '17. 315360x. 3QST1'30 40E6 15)6111= ' r., 41364033 .2p,21,4 1 .PM.- 3:201617 +61 +71,0706 E11CT1100 34631 736110 'E+ 401103 ,LANDE'1 0C 100-1 4.907 [xo9,1s tkF 4 111 _P4.1-1 4.13; (OS1)9011 NF 4 J TPE-2 40.+33 1.E0P aC. ()d.RS 31 39.661 72E-1 40.301 f.!]f 4L (61,919 SEI ]9.660 MN+l 40.163 (f,1 ypI 31,001 TOM 10.363 (641 gp, 1913 -' 5 6 130' FEi57+11E'4r 165 [Isparta 701E1 TE4PCRARY CON9TRL6l1OR 12...4RCF 1.2115 DT v... .0:406 E+I5036 24755 TA=WS AREA 30905.13 1DHIJ43.172 05.1715 1303497 1C. +PWUx Ex15m0 40305 6.1,130 .1+ 41.11,77 ?58NfbFR 0Ei -'1E 16.619 ,.+,..4 ,, 16.004 TCE-1 10.363 (,.., 6FI1.657 at. '0 Yid 14-2 15939 (� �, 14.611 11.1T4L 03,193 N M6 64445 ENRIQUE? '4LLAREAL 51.1RVE7 ABSTRACT NO 1 40.353 ACRES RJNT HILLS RESOURCES, CORPUS CHRISTI, LLC DOC. N0. 2011010311 NO'E48ER 1, 2010 O,P.RN.C.T. NUECES CCUNT2 NAVIGATION DISTRICT SCUM SIDE NUECES BAY VOL 6. PG, 13 NO0EM6ER 27, 1433 M.R.N,C.L NUECES CO. NAVIGATION PL DISTRICT 1 SURVEY APPROX.ABSTRACT N0. 2677 SUR0By UNE N p 4,937 ACRES 'PARCEL 0: TRACT }7' FLINT HLLLS RESOURCES CORPUS CHRIST. LLC 700. 60. 2010040428 NOVEMBER 1, 2010 O4E.Ii..REA1E APPROx 30151H0 ACRES r+16116 2012 30006 4E4WIICEE'4 CRG 52.029 3,%03 (120,261 931 �4AT 434119030 0614114112893, MIS DOCUMENT S11411'071 BE RECCRCED FOR ANY PURPOSE 4410 SFILLL YOT 2E USED OR 4&14=9 CR AWED UPDN AS A 062L SUR0EY ODCUUEIR. 6330 1 = F`. .E T - TE A _ -L L -TE I T L = E -TI U 1 F -EI I' = 1 NT- F- = L- R I T = FFI I_L D E F EE 1' 1E - T = EE E EE T, TE - T - EE- E E - EE T M - E -ETE- E ET =1E -1 IEU EE-EET =TE - T 11 E- E ET [aCivi I Corp T1111 PAGE SEAWATER OESALINZATICN 3NER HARBOR `E =RAL ABSTRACT MAP 002001150603 ORGWN 1(9 DATE TH 00/02/22 CKD 9T'- SC+JE CLOT ;,T. of PACE NCM S_ SCy F. I"=430' ,OR=ES CHRIST 1/391 Remainder of Exhibit A attached separately in Legistar C:\Users\sarahb\AppData\Roaming\L5\Temp\47a736d4-ecff-41 cb-b8fe-9ed09efl c194.doc CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: December 20, 2022 Legistar Number: a-- (XQk Agenda Item: One -Reading Ordinance authorizing execution of all documents necessary to acquire approximately 12.4 acres of real property and 11.3 acres of easements from Flint Hills Resources Corpus Christi, LLC, and related entities across property owned by said LLC and related entities at or near Nueces Bay Boulevard and Broadway Street, extending into the Corpus Christi Industrial Canal, for public use as water supply projects, including approval of development agreements; declaring a public necessity; providing for the City of Corpus Christi to authorize the use of the power of eminent domain to acquire the aforementioned areas for water supply projects; the consideration of the use of eminent domain to condemn property by a single record vote for all units of property to be acquired herein; authorizing the expenditure of $5,455,000 of funds for these purchases; and delegating authority to initiate condemnation proceedings and execute related documents to the City Manager Amount Required: $5,455,000 Fund Name Accounting Unit AcNoount Activity No. Amount SWIRFT 2020 4483-068 550701 E15117 -4483 -EXP 5,455,000 Total $5,455,000 I11l/l' 7-- Director of Financial Services Date: 12_ /