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Res 005-98 1/6/1998RESOLUTION NO. S —9k A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE -YEAR NON - ANNEXATION AGREEMENT WITH PPG INDUSTRIES, INC.; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: SECTION 1. That certain agreement, a copy of which is attached hereto, by and between the City of Wichita Falls and PPG Industries, Inc., is hereby approved, and the City Manager is hereby authorize to execute the agreement on behalf of the City of Wichita Falls. SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 6th day of January, 1998. P l C AYOR ATTEST: City Clerk STATE OF TEXAS COUNTY OF WICHITA NON - ANNEXATION CONTRACT WITH CERTAINTEED CORPORATION This contract made and entered into by and between the City of Wichita Falls. Texas, a municipal corporation, hereinafter called "City ", and Certainteed Corporation, hereinafter called "Certainteed ". WITNESSETH: WHEREAS, Certainteed is the owner of a certain tract of land, (hereinafter called "Subject Property ") located in Wichita County, Texas, said land being more fully described in Exhibit A, which is attached hereto and incorporated herein, and which includes land located within the City's extraterritorial jurisdiction. NOW, THEREFORE, for and in consideration of the mutual covenants herinafter contained to be performed by the parties hereto, City and Certainteed do hereby agree as follows: 1. City guarantees the continuation of the extraterritorial status of Subject Property, -and its immunity from annexation by the City, for a period of five (5) years from January 1, 1998. 2. City will furnish water and sewer service to Certainteed for that portion of the Subject Property described in Exhibit A at rates equal to 110% of the rates charged to users located within the City limits throughout the term of this contract. These services shall be subject to the ordinances of the City presently existing and as may be hereinafter amended. Page 3 of 7 Pages Agenda Item No. 3. City will furnish solid waste disposal service to Certainteed for that portion of the Subject Property described in Exhibit A at rates equal to 100% of the rates charged to users located within the City limits throughout the term of this contract. These services shall be subject to the ordinances of the City presently existing and as may be hereinafter amended 4. City will furnish fire protection services to Certainteed on Subject Property throughout the term of this contract. 5. Certainteed shall not allow the sale of fireworks on Subject Property. 6. Certainteed will pay to the City each year during the five (5) years of this contract, as payment in lieu of all taxes, an amount in cash, or cash equivalents acceptable to City, equal to a certain percentage, as specified below, of the amount that its normal City taxes would have been for that year had it been within the City limits. The appraised value of the land, buildings and other improvements, machinery, equipment, inventory, and other personal property shall be determined by the Wichita County Appraisal District each year as set forth in the Texas Property Tax Code, as amended. Each annual payment shall be billed by the City and be due and payable upon receipt. In computing the amount payable to the City each year during this contract, the sum of the two following amounts shall be applied: (a) Seventy -five (75 %) of the then - current property tax rate as established by the City Council shall be applied to the appraised value of land, buildings and improvements, machinery, equipment, inventory, and other personal property for the incremental amount of the total appraised value up to but not exceeding $160,000,000. Page 4 of 7 Pages Agenda Item No. (b) Twenty -five percent (25 %) of the then - current property tax rate as established by the City Council shall be applied to the appraised value of land, buildings and improvements, machinery, equipment, inventory, and other personal property for the incremental amount of the total appraised value that exceeds $160,000,000. 6. This contract does not release or waive any obligation to the City in connection with any paving, curb and gutter, or other improvement liens which may be assessed against Subject Property. 7. In the event that Certainteed should breach any of the provisions of this contract, and it fails to remedy such breach within 30 days after having been notified in writing by City to do so, then City shall have the right to terminate this contract, and to proceed to annex Subject Property, provided that City shall not have the right to so terminate this contract if Certainteed has in good faith disputed any alleged breach. _ 8. The City shall initiate proceedings to annex Subject Property into the City limits early enough to be able to complete such proceedings by December 31, 2002, and Subject Property shall be included on the tax rolls of the city on January, 1 2003. City shall notify Certainteed in writing 30 days prior to initiating such proceedings. 9. This contract shall be effective January 1, 1998. 10. Nothing in this contract shall limit or in any way restrict Certainteed's ability to appeal any appraisal made by the Wichita County Appraisal District. This contract shall inure to the benefit of Certainteed's assigns or successors in interest to Subject Property. Page _5 of 7 Pages Agenda Item No. 11. This contract repeals and replaces any previous non - annexation agreements between the parties. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the day of 1997. CITY OF WICHITA FALLS 0 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: James Berzina City Manager CERTAINTEED CORPORATION Page 6 of 7 Pages Agenda Item No. EXHIBIT A Lot 1 of Certain -Teed Products Addition to Wichita Falls, Texas, according to the plat of said addition recorded in Volume 22, Pages 21 -22 of the Plat Records of Wichita County, Texas. Page 7 of 7 Pages Agenda Item No.