Res 056-95 4/18/1995I IP
RESOLUTION NO. Cj S_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, APPROVING A NON-ANNEXATION
CONTRACT WITH CERTAINTEED CORPORATION; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE WAS DISCUSSED 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 Non-Annexation Contract with
CertainTeed Corporation, a copy of which is attached hereto
and incorporated herein, is hereby approved, and the City
Manager is authorized to execute the same on behalf of the
City of Wichita Falls.
SECTION 2. It is 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 18th day of April, 1995.
ATTEST:
a Al 0
'j City Clerk
M A Y� 0 R
a _ , S _ 95
/64 SG - 55
STATE OF TEXAS §
COUNTY OF WICHITA §
NON-ANNEXATION CONTRACT
WITH VETROTEX CERTAINTEED CORPORATION
This Contract, made and entered into by and between the
City of Wichita Falls, Texas, a municipal corporation,
hereinafter called "City, " and Vetrotex CertainTeed
Corporation, hereinafter called "Vetrotex, "
W I T N E S S E T H :
WHEREAS, Vetrotex is the owner of a certain tract of
land, (hereinafter called "Subject Property") located in
Wichita County, Texas, said land being identified on Exhibit
A as that area marked in red, which is attached hereto and
incorporated herein, and which includes land located within
the City' s extraterritorial jurisdiction.
WHEREAS, the Subject Property comprises land upon which
is located an existing facility which will be expanded, being
more fully described as Tank 3 and 5 expansion, as described
in Exhibit B (hereinafter called the "New Facility") .
NOW, THEREFORE, for and in consideration of the mutual
covenants hereinafter contained to be performed by the
parties hereto, City and Vetrotex do hereby agree as follows :
1 . City guarantees the continuation of the
extraterritorial status of Subject Property, and its immunity
from annexation by City, for a period of seven (7) years from
January 1, 1995.
2 . City will furnish water and sewer service to
Vetrotex for that portion of the Subject Property described
in Exhibit A at rates equal to 150% of the rates charged to
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users located within the City limits throughout the term of
this contract.
3 . City will furnish fire protection service to
Vetrotex on Subject Property throughout the term of this
contract.
4 . Vetrotex shall not allow the sale of fireworks on
Subject Property.
5. Vetrotex will pay to City each year during the
seven (7) 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 . Each annual
payment shall be made within the later of: (I) between
November 1 and November 30; or (ii) within thirty (30) days
after the receipt by Vetrotex of the bills therefor. In
computing the amount payable to the City each year during
this contract, the following rules shall be applied:
(a) The appraised value of the land comprising the
Subject Property shall, throughout the term of this contract,
be in the amount equal to 100% of the January 1, 1995,
appraised value of such land made by the Wichita County
Appraisal District .
(b) The appraised value of the buildings and other
improvements existing on the Subject Property as of January
1, 1995, shall, throughout the term of this contract, be in
the amount equal to 100% of the January 1, 1995, appraised
value (less depreciation allowances) of such buildings and
improvements made by the Wichita County Appraisal District .
(c) The appraised value of the machinery,
equipment and other personal property (except for inventory)
existing as of January 1, 1995, shall, throughout the term of
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this contract, be in the amount equal to 100% of the January
1, 1995, appraised value (less depreciation allowances) of
such machinery, equipment and other personal property made by
the Wichita County Appraisal District . The same appraisal
method shall be used for subsequent years of this contract.
(d) The appraised value of machinery, equipment
and other personal property, including that described in
Exhibit B (except for inventory) acquired after January 1,
1995, will be separately identified and shall be in the
amount equal to 100% of the initial appraised value (less
depreciation allowances) of such machinery, equipment and
other personal property made by the Wichita County Appraisal
District. This same appraisal method shall be used for
subsequent years of this contract.
(e) The appraised value of the inventory shall be
determined in the same manner that the inventory of other
firms in the City are appraised, less the freeport exemption.
(f) Each year, the then-current assessment ratio
established by the City council shall be applied to the
appraised value (as determined under (a) through (e) above)
in order to obtain the assessed value; the then-current tax
rate as established by the City council shall be applied to
such assessed value to obtain the amount that the normal City
taxes would have been for that year had the property been
located within the City limits . Vetrotex' s payment in lieu
of taxes shall be 100% of the amount so computed under
Section 7 (a) , (b) , (c) , and (e) above and 25% of the amount
so computed under Section 7 (d) above.
(g) Disputes between the City of Wichita Falls and
Vetrotex CertainTeed Corporation pertaining to the proper
distinction of taxability set forth in Section 7 of this
contract shall be resolved by negotiation between the City' s
4
authorized representative and Vetrotex' s Plant Manager for
the Subject Property. If these individuals cannot resolve
the matter, it shall be referred for negotiation and
resolution by the President of Vetrotex and the City Manager.
If the parties fail to reach agreement by direct negotiation
within sixty (60) days from the commencement of negotiation,
the parties shall submit the dispute to arbitration by a
committee appointed and mutually approved by both parties,
with the cost of any such arbitration being split equally
between the parties .
6 . In the event Vetrotex should breach any of the
provisions of this contract, and it fails to remedy such
breach within thirty (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 Vetrotex has in good faith
disputed any alleged breach.
7 . 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 Vetrotex in writing
thirty (30) days prior to initiating such proceedings .
8 . This contract shall be effective as of January 1,
1995.
9 . Nothing in this contract shall limit or in any way
restrict Vetrotex' s ability to appeal any appraisal made by
the Wichita County Appraisal District. This contract shall
inure to the benefit of Vetrotex' s assigns or successors in
interest to Subject Property.
l
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IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their� duly authorized officers on
this the /g zi day of 2110,�.c,�, , 1995 .
f
y of ichita Falls
By:
eaves terz na, City(y pager
ATTEST:
1()- (A SCL (UtAli\
City Clerk
APPROVED AS TO FORM:
CitCA-.0G1H-
(.21.ty,Attorney
Vetrotex
CertainTeed Corporation
By: J)
David R. Lane
Vice-President, Manufacturing
ATTEST:
0-1
/Secetary
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EXHIBIT B
TANK 5 EXPANSION
BEGINNING at Latitude 330 51' 5.7 ''. Longitude 981' 35' 25"
COMMENCING South 265 feet 4.02 inclies. 81"31'
Northeasterly corner of the Tank 5 Expansion for a
THENCE
South 387 feet 11.99 inches:
THENCE
East 154 feet 9.60 i►icl►es:
THENCE
South 79 feet 5.50 inches:
THENCE
West 65 feet 1.73 inches:
THENCE
North 79 feet 5.5 inches:
THENCE
West 185 feet 4.34 inches:
THENCE
North 208 feet 6.15 inclies:
THENCE
East 42 feet 4.95 inches:
THENCE
North 179 feet 10.49 inches:
25.7" �Vest to the Iliost
poiIit of bec!iIiniIia:
THENCE East 51 feet .88 inches: ending at the most Northeasterly corner of the
Tank 5 Expansion.
TANK 3 EXPANSION
BEGINNING at Latitude 330 51' 5.7 ", Longitude 988 35' 25"
COMMENCING South 55025' 33.4 ". 653 feet 8.52 inches West to the most
Northeasterly corner of the Tank 3 Expansion.
THENCE South 172 feet 5.43 inclies;
THENCE West 128 feet 1.01 inches;
THENCE South 199 feet 8.90 inches:
THENCE East 69' 8.87 inches:
THENCE North 49c' 55' 59 ", and Last 15 feel 9.39 im-11cs:
THENCE East 1 feet 1.99 inches:
THENCE South 49' feet 11.99 inches;
THENCE West 23 feet 2.94 inches:
-fENCE South 21 feet 5.76 inches:
-fENCE West 123 feet 4.55 inches:
FENCE North 86 feet 8.67 inches:
-fENCE West 20 feet 5.97 inches:
HENCE North 235 feet 2.87 inches.
THENCE East 83 feet 4.81 inches:
THENCE North 110 feet 7.46 inches:
THENCE East 119 feet 1.96 inclies ending at the most Northeasterly corner of'
the Tank 3 Expansion.