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HomeMy WebLinkAbout033049 ORD - 05/16/2023Ordinance amending Ordinance No. 024270, which created the Reinvestment Zone No. 2, City of Corpus Christi ("TIRZ #2") on Padre Island, by amending the City's contribution amount, which will increase anticipated revenues by $140,100,000 for total revenue of $201,000,000; modifying the boundaries to add areas requested for inclusion by Nueces County; and to add approved projects and anticipated expenditures in the amount of $150,950,000 for total expenditures of $201,000,000, which will be more fully defined within a future amendment, as recommended by the TIRZ #2 Board on April 18, 2023. WHEREAS, in 2000, through Ordinance 024270, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Two, City of Corpus Christi, Texas" (The "Zone" or "TIRZ #2"), over a portion of the City on Padre Island; WHEREAS, Ordinance 024270 included a preliminary reinvestment zone financing plan; WHEREAS, on September 29, 2009, the City Council passed Ordinance 028329, which approved the Revised Project and Financing Plans for the Reinvestment Zone Number Two, City of Corpus Christi, Texas (the "Plan"); WHEREAS, the Plan was last amended on December 6, 2023; WHEREAS, on April 18, 2023, the TIRZ #2 Board took action recommending a stated contribution amount for the extended term of the TIRZ #2 and amendment of the boundaries to include certain areas requested by Nueces County; WHEREAS, Texas Tax Code Section 311.007 provides that the governing body of the municipality that designated the zone may change the boundaries or the term of the Zone by ordinance; and WHEREAS, following notice in accordance with Chapter 311 of the Texas Tax Code, a public hearing for this ordinance was held during the City Council meeting, which began on May 9, 2023, at 11:30 a.m.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The facts and recitations contained in the preamble of this Ordinance are found and declared to be true and correct and, in accordance with those findings, Ordinance No. 024270 is hereby amended as laid out in the following sections. SECTION 2. The City Council, after conducting the above-described public hearing and having heard all evidence and testimony, makes the following findings and determinations related to the amendment of Ordinance No. 024270 and finds that such amendment is in the best interests of the City of Corpus Christi: 033049 SCANNED (a) That the Zone, as amended, is a contiguous geographic area located wholly within the corporate limits of the City. (b) At the time that the Zone was created, the area substantially arrested or impaired the sound growth of the City, retards the provision of multi -family housing accommodations, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition and use because of: (1) Unsafe conditions, including deteriorating streets and defective and inadequate sidewalks throughout the proposed zone, pose a threat to visitors, residents, and customers of businesses. The lack of appropriate curb cuts and ramps limit the mobility of persons with disabilities. (2) Non-existent, inadequately sized, or deteriorated utility infrastructure, including wastewater and fiber optics, substantially arrests or impairs the sound growth of the City and retards the development of multi -family housing and other business or visitor facilities. The existing utility infrastructure in its current condition constitutes an economic or social liability and is a hazard to the public health and welfare in the proposed zone. (3) The inadequate street layout, lack of adequate improved parking, and limited way -finding and other signage hampers movement of vehicles and pedestrians throughout the proposed zone. This problem will be exacerbated by the relocation of the Harbor Bridge in the coming years. While the new bridge provides additional potential for growth within the proposed zone, such potential may not be realized due to this problematic infrastructure. (4) Deteriorating public spaces with inadequate pedestrian scale lighting, limited irrigation systems and inadequate access to water lines for drinking fountains and hose bibs throughout the proposed zone limit the types of landscaping and public amenities that can be installed within the proposed zone. (5) Lack of water and electrical meters in parks limits the activities within the available public spaces. (6) Unsafe conditions due to the lack of security cameras and other safety programs pose a threat to visitors and residents. (7) Inadequate drainage facilities substantially arrest or impair the sound growth of the City and retard the development of multi -family housing and other business or visitor facilities in the proposed zone, including potential hotel developments. (c) That much of the Zone remains open and undeveloped and, at the time of the creation of the Zone, because of obsolete platting, substantially impaired or arrested the sound growth of the City. (d) That tourism and convention business is of extreme importance to the Corpus Christi economy, and the Zone has tremendous, potential to support tourist and convention facilities, and it is essential that this presently under -developed Zone be fully developed to encourage tourism to continue in the area. (d) That no more than 30 percent of the property in the Zone, excluding property that is publicly owned, is used for residential purposes. (e) That the total appraised value of taxable real property in the Zone and in all existing reinvestment zones within the City according to the most recent appraisal rolls for the City, does not exceed 25 percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City. (f) That the improvements to be implemented in the Zone will significantly enhance the value of all taxable real property in the Zone and will be of general benefit to the City. SECTION 3. The City Council expands the boundaries of the Zone to include the entire area depicted by the map in Exhibit A and described by the metes and bounds in Exhibit B to promote development and redevelopment of the area, which development or redevelopment the City Council determines will not occur solely through private investment in the reasonably foreseeable future. SECTION 4. The amount of tax increment that the City contributes to the Tax Increment Fund for each year of the remain term is as shown in the table below. Increment Percentage Tax Year(s) 100% 2022 through 2026 75% 2027 70% 2028 65% 2029 60% 2030 55% 2031 50% 2032 through 2041 SECTION 5. The Project and Financing Plans for the TIRZ #2 are hereby amended to add approved public improvement projects and anticipated expenditures in the amount of $150,950,000, which will be more fully defined in a future project and financing plan amendment to be approved by the TIRZ #2 Board and the City Council. SECTION 6. The City Council finds that the continuation of the Zone and the expenditure of moneys on deposit in the Tax Increment Fund, which are necessary or convenient to the creation of the Zone or to the implementation of the project plan for the Zone, constitute a program to promote local economic development and to stimulate business and commercial activity in the City. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the ct \ day of � , 2023, by the following vote: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley That the foregoing ordinance was read for the second time and passed finally on this the C(O day of 1("\ , 2023, by the following vote: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley PASSED AND APPROVED on this the l� day of V\a ATTEST: , 2023. ebecca Huerta Paulette Guajardo City Secretary Mayor 033049 ; � • �..�. Exhibit A J Q U nulnn1111111:5:.1: ,,flliffll(Ilfli SY:1•mml •Z.. mum Iw EXISTING T.I.R.Z. No. 2 k AREA 0 PROPOSED ADDITIONAL T.I.R.Z. No. 2 A REA T.I.R.Z. No. 2 BOUNDARY 2022 REVISION POINT OF BEGINNING LJA ENGINEERING TEXAS ENGINEERING FIRM F•1386 GRAPHIC SCALE 0 1000 2000 3000' 4000' Exhibit B Metes & Bound Description Page 1 of 4 METES & BOUND DESCRIPTION FOR PROPOSED TAX INCREMENT FINANCE DISTRICT A proposed Tax Increment Finance District in the city limits of the City of Corpus Christi, located in Nueces County, Texas consisting of 2,361.7 acres, more or less, and more particularly described as follows; Beginning at a point, the intersection of the centerline of South Padre Island Drive (Park Road 22) and the present Nueces-Kleberg County line, for the southeastern most corner of the tract herein described; Thence northwesterly along the present Nueces-Kleberg County line, to its intersection with the centerline of Palmira Avenue, shown on plat of Padre Island No. 1 in Volume 13, Pages 1 through 8, Nueces County, Texas, Map Records, for the southwesternmost corner of this tract; Thence northerly along the centerline of Palmira Avenue, to its intersection with the centerline of existing Las Tunas Drive (formerly Avanti Avenue), shown on plat of Padre Island - Corpus Christi, Section 4, in Volume 33, Pages 44 through 47, Nueces County, Texas, Map Records, for an inside corner of this tract; Thence westerly along the centerline of existing Las Tunas Drive (formerly Avanti Avenue) to its intersection with the southerly extension of the centerline of a 20 -foot alley located east of and adjacent to Block 215 of said Padre Island - Corpus Christi, Section 4, for an outside corner of this tract; Thence northerly with the centerline of said 20 -foot alley and its northerly extension, to a point on the centerline of Cruiser Street, for an outside corner of this tract; Thence easterly along the centerline of Cruiser Street, to its intersection with the southerly extension of the east line of Lot 15, Block 192, Padre Island - Corpus Christi, Section 4, for an inside corner of this tract; Thence northerly with the east line of said Lot 15, Block 192, Padre Island - Corpus Christi, Section 4 and its northerly extension, to a point 40 feet north of the northeast corner of said lot 15, for an inside corner of this tract; Thence westerly and southerly along a line that is 40 feet northwest of and parallel to the northwest line of Block 192, Padre Island - Corpus Christi, Section 4, to a point on the north right-of-way line of existing Whitecap Boulevard, for an outside corner of this tract; Thence westerly along the north right-of-way line of existing Whitecap Boulevard, to the southwest corner of Tract 2 as described in Correction Warranty Deed, Document 2018045542, Official Records Nueces County, Texas, for an outside corner of this tract; Metes & Bound Description Page 2 of 4 Thence northerly along the west line of said Tract 2 to the northwest corner of said Tract 2 and the southwest corner of Tract 3 as described in Correction Warranty Deed, Document 2018045542, Official Records Nueces County, Texas, for a point on the east right-of-way line of Dasmarinas Drive (60' R.O.W.); Thence continuing northerly along the west line of said Tract 3, its curves and its angles, to the intersection with the southeast line of the Aquarius Street Right -of -Way Easement as described in Right -Of -Way Easement, Document 2011039226, Official Records Nueces County, Texas, for an outside corner of this tract; Thence northeasterly along the southeast line of said Aquarius Street Right -of -Way Easement, its curves and its angles, to a point on the south line right-of-way line of existing Commodores Drive, for an outside corner of this tract; Thence easterly along the south right-of-way line of existing Commodore's Drive, to its intersection with the southerly extension of the centerline of a 100 -foot wide canal, located west of and adjacent to Blocks 508 through 511, Padre Island - Corpus Christi, Mariner's Cay, shown on Plat of Record in Volume 34, Pages 54 and 55, Nueces County, Texas, Map Records, for an inside corner of this tract; Thence northerly with the centerline of said 100 -foot wide canal and its northerly extension, to its intersection with the centerline of another 100 -foot wide canal, located north of and adjacent to Lot 4, Block 502, Padre Island - Corpus Christi, Mariner's Cay, shown on Plat of Record in Volume 39, Pages 164 and 165, Nueces County, Texas, Map Records, for an outside corner of this tract; Thence easterly with the centerline of said 100 -foot wide canal, which is located north of and adjacent to Lot 4, Block 502, Padre Island - Corpus Christi, Mariner's Cay, to its intersection with the southerly extension of the east line of Lot 1, Block 85, Padre Island - Corpus Christi, Mariner's Cay, shown on Plat of Record in Volume 34, Pages 54 and 55, Nueces County, Texas, Map Records, for an inside corner of this tract; Thence northerly with said east line of Lot 1, Block 85, Padre Island - Corpus Christi, Mariner's Cay, and its northerly extension, to a point on the centerline of existing Jackfish Avenue, for an inside corner of this tract; Thence westerly along the centerline of said Jackfish Avenue, to a point on the centerline of existing Ambrosia Street, shown on plat of Padre Island - Corpus Christi, Section 3, in Volume 33, Pages 83 and 84, Nueces County, Texas, Map Records, for an outside corner of this tract; Thence northwesterly along the centerline of existing Ambrosia Street, to its intersection with the centerline of existing Aquarius Street, for an outside corner of this tract; Thence northerly along the centerline of said existing Aquarius Street, to its intersection with the southeasterly extension of the southwest line common to Lots 46 through 52, Block 72, Padre Island - Corpus Christi, Section 2, shown on Plat of Record in Volume 41, Page 187, Nueces County, Texas, Map Records, for an inside corner of this tract; Metes & Bound Description Page 3 of 4 Thence northwesterly with said southwest line common to Lots 46 through 52, Block 72, Padre Island - Corpus Christi, Section 2, to the west corner of said Lot 52, for an outside corner of this tract; Thence northeasterly with the northwest line of said Lot 52, Block 72, Padre Island - Corpus Christi, Section 2, to a point on the southwest right-of-way of existing South Padre Island Drive (Park Road 22) for the north corner of said Lot 52 and a corner of this tract; Thence northeasterly crossing said existing South Padre Island Drive (Park Road 22), to a point, for the west corner of Block 1, Padre Island - Corpus Christi, Section 18, shown on Plat of Record in Volume 38, Pages 69 and 70, Nueces County, Texas, Map Records, and a corner of this tract; Thence northeasterly and southeasterly along the boundary line of said Block 1, Padre Island - Corpus Christi, Section 18, to a point on the southeast line common to State Tracts 58 and 61, for an inside corner of this tract; Thence northeasterly along said southeast line common to State Tracts 58 and 61, to its intersection with a line that is 500 feet northeast of and parallel to the southwesterly shoreline of existing Packery Channel, for the northernmost corner of this tract; Thence southeasterly, along said line which is 500 feet northeast of and parallel to the southwesterly shoreline of existing Packery Channel, to its intersection with the northwesterly extension of the southwest line of a 280 -acre tract, more or Tess, now or formerly owned by Nueces County, Texas, described in Document No. 888926, Nueces County, Texas, Deed Records, for an inside corner of this tract; Thence southeasterly with the southwest line of said 280 -acre tract and its extensions, crossing State Highway 361 and continuing southeasterly to a point on the vegetation line near the shoreline of the Gulf of Mexico, for the east corner of this tract; Thence southwesterly, along said vegetation line, to a point on the southwest line of a 137.73 -acre tract, more or less, now or formerly owned by Eric C. Lower, described in Document No. 956588, Nueces County, Texas, Deed Records, for an inside corner of this tract; Thence southeasterly, with the southwest line of said 137.73 -acre tract, to a point on the shoreline of the Gulf of Mexico, for an outside corner of this tract; Thence southwesterly, along the meanders of the shoreline of the Gulf of Mexico, to its intersection with the easterly extension of the south boundary line of Padre Island Nueces County Park No. 1 (Padre Balli Park), for an outside corner of this tract; Thence westerly, with the south boundary line of Padre Island Nueces County Park No. 1 (Padre Balli Park) and its extensions, to a point on the centerline of South Padre Island Drive (Park Road 22), for an inside corner of this tract; Thence southerly along the centerline of said South Padre Island Drive (Park Road 22), to its intersection with the present Nueces-Kleberg County line, for the point of beginning. Metes & Bound Description Page 4 of 4 Save and except 18.00 acres, more or less, described as Padre Island - Corpus Christi, Cane Harbor Bay Subdivision, shown on Plat of Record in Volume 49, Pages 5 and 6, Nueces County, Texas, Map Records; Save and except 40.93 acres, more or Tess, consisting of a portion of Padre Island No. 1 Subdivision, all of Padre Island No. 2 Subdivision, and a portion of the Nicolas and Juan Jose Balli Survey, Abstract No. 1998, located west of and adjacent to Playa Del Rey, and more particularly described as follows; Beginning at a point, the intersection of the southwesterly shoreline of existing Packery Channel and the easterly extension of the south line of Lot 16, Block 34, Padre Island No. 1, shown on Plat of Record in Volume 13, Pages 1 through 8, Nueces County, Texas, Map Records, for the easternmost corner of this tract; Thence westerly with the south line of said Lot 16, Block 34, Padre Island No. 1 and its extensions, to a point on a line that is 120 feet west of and parallel to the west right-of-way line of existing Playa Del Rey, for a southwesterly outside corner of this tract; Thence northwesterly along said line which is 120 feet west of and parallel to the west right-of-way line of existing Playa Del Rey and its northerly extension, to a point on the centerline of existing Verdemar Drive, shown on plat of Padre Island No. 2, in Volume 13, Page 28, Nueces County, Texas, Map Records, for an inside corner of this tract; Thence westerly along the centerline of said existing Verdemar Drive, to its intersection with the centerline of existing Sand Dollar Avenue (formerly Tortugas Avenue), for an outside corner of this tract; Thence northerly along the centerline of said existing Sand Dollar Avenue (formerly Tortugas Avenue), to its intersection with the southeast line of Nueces County Park No. 2 (Packery Channel Park), for an outside corner of this tract; Thence northeasterly along the southeast boundary line of Nueces County Park No. 2 (Packery Channel Park), to a point on the southwesterly shoreline of existing Packery Channel, for the north corner of this tract; Thence southeasterly along the meanders of said southwesterly shoreline of existing Packery Channel, to its intersection with the easterly extension of the south line of Lot 16, Block 34, Padre Island No. 1, for the point of beginning. Save and except 0.217 acres, more or less, described as Lot 10, Block 42, Island Fairway Estates and shown on plat of record in Volume 42, pages 16 and 17, Nueces County, Texas, Map Records. CaIier Times PART OF THE USA TODAY NETWORK 1 Certificate of Publication CITY OF CORPUS CHRIS TI - SECRETARY PO BOX 9277 CORPUS CHRISTI, TX 78401 STATE OF WISCONSIN) )) COUNTY OF BROWN) I, being first duly sworn, upon oath depose and say that I am a legal clerk 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 which the annexed is a true copy, was inserted in the Corpus Christi Caller- Times in the following issue(s) dated: 04/30/2023 On this April 30, 2023, I certify that the attached document is a true and exact copy made by the publisher: Legal Notice Clerk Notary c, State o n, County of Brown Notary Expires Publication Cost: $184.45 Ad No: 0005683106 Customer No: 1490432 PO #: ORDINANCE NO. 024270 # of Affidavits) This is not an invoice NOTICE OF PUBLIC HEARING FOR AN ORDINANCE AMENDING ORDINANCE NO. 024270 NOTICE IS HEREBY GIVEN that The Corpus Christi City Council will conduct a public hearing on Tuesday, Mav 9, 2023, during a regular Council meeting, which begins at 11:30 AM in the Council Chambers, City Hall, 1201 Leopard Street to consider amending Ordinance No. 024270, which created the Reinvestment Zone No. 2, City of Corpus Christi ("TIRZ #2") on Padre Island, as previously amended, by amending the City's contribution to the TIRZ #2 fund, which will increase TIRZ #2 revenues by $140,100,000, and amending the Tax Increment Reinvestment Zone # 2 Amended Project & Financing Plans to add approved proiects and anticipated expenditures in the amount of $150,950,000 as recommended by the TIRZ #2 Board on April 18, 2023. VICKY FELTY Notary Public State of Wisconsin /s/Rebecca Huerta City Secretary . • Caller Tires PART OE THE USA TODAY ttE.TWORK Certificate of Publication NOTICE OF PUBLIC HEARING FOR AN ORDINANCE AMENDING ORDINANCE NO.024270 CITY OF CORPUS CHRIS TI -SECRETARY NOTICE IS HEREBY GIVEN that The Corpus Christi City Council will conduct a public hearing on Tuesday, May 16, PO BOX 9277 2023, during a regular Council meeting, which begins at 11:30 AM in the Council Chambers, City Hall, 1201 Leopard Street to consider amending Ordinance No. 024270, which CORPUS CHRISTI, TX 78401 created the Reinvestment Zone No. 2, City of Corpus Christi ("TIRZ #2") on Padre Island, by amending the City's contribution amount, which will increase anticipated revenues by $140,100,000; modifying the boundaries to add areas requested for inclusion by Nueces County; and to STATE OF WISCONSIN) add approved projects and anticipated expenditures in the )) amount of $150,950,000, which will be more fully defined within a future amendment, as recommended by the TIRZ COUNTY OF BROWN) #2 Board on April 18, 2023. /s/ Rebecca Huerta City Secretary I, being first duly sworn, upon oath depose and say that I am a legal clerk 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 which the annexed is a true copy,was inserted in the Corpus Christi Caller-Times in the following issue(s)dated: 05/07/2023 On this May 7, 2023, I certify that the attached document is a true and exact copy made by the publisher: cam - - Le al Notice Clerk ,l 01 Notary Public, State of Wisconsin, Coo ty of Brown qlq'tr. Notary Expires VICKY FELTY Publication Cost: $179.60 Notary Public Ad No: 0005692188 State of Wisconsin Customer No: 1490432 — • PO#: 024270 #of Affidavits1 This is not an invoice