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Res 184-93 12/7/1993RESOLUTION NO. I X y _G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WI, HITA FALLS APPROVING NON-ANNEXATION CONTRACT WITH THE STANLEY WORKS COMPANY FOR A PERIOD OF SEVEN (7) EARS BEGINNING JANUARY 1, 1994; 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 ' ICHITA FALLS, TEXAS, THAT: SECTION 1. That certain contract, a copy of which is attached hereto, approving a non-annexation agreement w th The Stanley Works Company for a period of seven (7) years beginning January 1, 1994, is hereby approved, and the City Manager is authorized to execute said contract on behalf of the Ci y of Wichita Falls. SECTION 2 . It is hereby officially found and dete, mined that the meeting at which this resolution was passed wa% open to the public as required by law. PASSED AND APPROVED this the 7th day of December, 993 . 0, 011161P M A Y 0 ATTEST: t.t6 U ,J 1 6,1Va-'Y City Clerk 40 STATE OF TEXAS § COUNTY OF WICHITA § NON-ANNEXATION CONTRACT WITH THE STANLEY WORKS This contract, made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City, " and The Stanley Works, hereinafter called "Stanley, " WITNESSETH: WHEREAS, Stanley is the owner of a certa_ : tract of land containing 50 acres, more or less, here latter called "Subject Property, " being a part of Block 26, Kemp & Newby Subdivision, Cherokee County School Land, A-33 , Wichita County, Texas, more fully described by metes and bounds in Exhibit A, which is attached hereto and inco-_po.r-ated herein, and which land is located within City's extraterritorial jurisdiction; and, WHEREAS, the City Council of City did, Resolution No. 2481, designate Subject Property as an ic<ustrial district, and approved a non-annexation agret_. ent with Ingersoll-Rand Company, the then-owner of sucli property, which agreement terminates December 31, 1936; and, , r • 2 • WHEREAS, Ingersoll-Rand Company constructed an industrial plant on Subject Property, and later sold Subject Property and the industrial plant located thereon to Stanley; the non-annexation contract was amended on May 15, 1984 , to substitute Stanley for Ingersoll-Rand Company in such contract; and, WHEREAS, such contract, as authorized by Resolution No. 190-86, was renewed until January 1, 1994 ; and, WHEREAS, Stanley has requested a renewal of the current non-annexation contract, and the City Council of City has, by Resolution No. \ -O 3 , authorized and approved this contract, which it deems to be in the best interest of City. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained to be performed by the parties hereto, Cityand Stanleydo herebyagree as follows: 9 1. City guarantees the continuation of the extraterritorial status of Property,SubjectP Y, and its immunity from annexation by City, for a period of seven (7) years, from January 1, 1994 . 2 . City will furnish water and sewer service to Stanley on Subject Property at rates equal to 125% of the rates charge users located within the City limits throughout the term of this contract, unless City's City Council completely eliminates the standard out-of-City additional charge established by ordinance, in which event Stanley 3 shall thereafter pay the same rates charged to users within the City limits. 3 . City will furnish solid waste collection and removal service to Stanley on Subject Property at rates equal to 125% of the rates charged to commercial and business establishments within the City limits throughout the term of this contract, unless City's City Council completely eliminates the standard out-of City additional charge established by ordinance, in which event Stanley shall thereafter pay the same rates charged to users within the City limits. 4 . The water service, sanitary sewer service and solid waste collection service provided to Stanley by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 5. City will furnish fire protection service to Stanley on Subject Property. 6. Stanley shall not allow the sale of fireworks on Subject Property. 7 . Stanley will pay to City each year during the seven (7) years of this contract, as payment in lieu of taxes, an amount in cash, or cash equivalents acceptable to City, equal to 60% of that amount that their normal City taxes would have been that year had they been in the City limits. Each annual payment shall be made between October 15 and December 31 of each year; the first such payment in • 4 • • lieu of taxes shall be payable between October 15 and December 31 of 1994 . In computing the amount that their normal City taxes would be each year during this contract, the following rules shall be applied: a. The appraised value of the land shall be an amount equal to 100% of the 1993 appraised value of such land made by the Wichita County Appraisal District. b. The appraised value of the presently existing buildings and other improvements shall be, throughout the term of this contract, an amount equal to 100% of the 1993 appraised value of such buildings and improvements made by the Wichita County Appraisal District. The appraised value of all buildings and other improvements constructed on Subject Property after January 1, 1994 , shall be an amount equal to 100% of the appraised value of such buildings and improvements made by the Wichita County Appraisal District when such buildings and improvements are completed; the same appraised value shall be used for subsequent years of this contract. The appraised value for any year or years when the construction is in progress shall be 1009, of the appraised value of such buildings and improvements made by the Wichita County Appraisal District for that year or years. The appraised value of all buildings an other improvements which are subsequently razed or removed from the premises shall be deleted from the appraised value of the buildings and other improvements under this contract. 5 c. The appraised value of the present machinery, equipment and other personal property except for inventory shall be, throughout the term of this contract, an amount equal to 100% of the 1993 appraised value (less depreciation allowances) of such machinery, equipment and other personal property made by the Wichita County Appraisal District. The appraised value of any new machinery, equipment and other personal property except for inventory which may be acquired after January 1, 1994, shall be an amount equal to 100% of the appraised value (less depreciation allowances) of such machinery, equipment and other personal property made by the Wichita County Appraisal District; this same appraised value shall be used for subsequent years of this ccn!-ract. The appraised value of all machinery, equipment other personal property which is subsequently scrapped or removed from the premises shall be deleted from the appraised value of the machinery, equipment and other personal property under this contract. d. 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. e. Each year the then-current tax rate as established by the City Council shall be applied to the appraised value (as determined under a. through d. above) to obtain the amount that the normal City taxes would have been 6 • that year had the property been located within the City limits. The payment in lieu of taxes shall be 60% of the amount so computed. 8 . This contract does not release nor 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. 9 . Stanley shall not assign this contract without the written consent of City. Should Stanley sell or lease any of the unimproved portions of Subject Property for some use not related to this industrial plant, and which is inconsistent with the purpose of City's industrial non- annexation policy, City may terminate this contract insofar as it relates to those portions of Subject Property devoted to such incompatible use. This contract shall he binding upon and inure to the benefit of the successors and assigns (as permitted) of each party hereto. 10. In the event Stanley should breach any of the provisions of this contract, and fail 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. 11. City shall initiate proceedings to annex Subject Property within the City limits early enough to be able to complete such proceedings by December 31, 2000, and Subject 7 Property shall be included on the tax rolls of City on January 1, 2001. 12 . This contract shall be effective as of January 1, 1994 . IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the % ;` r4-- day of / 1993 . City o Wichita Falls, Texas ' 1//:), :—/7 - By: rm/ger:zi°na City anager Attest: V ti r biAtO ) (CA gt-CA) 0 City Clerk Approved as o Form: . L As st Ci y Attorney The Stanley Works P4PLA" BY: 14 /�' .J 1•w�iYb�.6t PrDJI4a-,i- -14X ev Attest: i j NotVy Public �,, NOTARY PUBLIC ' . StOte of Texas �NoF•N4- Comm.Exp. 12-20.97 • • EXHIBIT A A tract of land out of Block 26 , Kemp & Newby Subdivision, Cherokee County School Land, A-33 , Wichita County, Texas, and being more specifically described by metes and bounds as follows : BEGINNING at a point in the North line of said Block 26 and the South line of Unit One, Expressway East Industrial District, an addition to the City of Wichita Falls, Texas , said point lies in the South right-of-way line of Production Boulevard and bears South 88°58 ' 34'. East 1747 . 21 feet from the Northwest corner of said Block 26 for the Northeast corner and place of beginning of this descrip- tion; THENCE South O1°O1 ' 26" West 1258 . 30 feet to a point in the South line of Block 26 for the Southeast corner of this tract; THENCE North 88°57 ' 19" West 1726 feet along said South line of Block 26 to a point in the East right-of-way line of Hammon Road for the Southwest corner of this tract; THENCE North 01°00 ' East 1258 feet alorr:= the East right-of- way line of Hammon Road to a point in the South right-of-way line of Production Bouldvard for the Northwest corgi- =r of this tract; THENCE South 88°58"34" East 1726 feet along the South right.-- of-way line of Production Boulevard to the place of beginning and containing 50 acres, more or less .