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Res 112-91 7/16/1991Resolution No. #„ --r/ RESOLUTION RESOLUTION APPROVING NON-ANNEXATION CONTRACT WITH BURCAMP STEEL COMPANY GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN (7) YEARS BEGINNING JANUARY 1, 1992 WHEREAS, by Resolution No. 2438, the Board of Aldermen of the City of Wichita Falls designated the Wilson Manufacturing Property in Clay County, being part of the area located in the extraterri- torial jurisdiction of the City, as an industrial district in accordance with the provisions of Section 42 . 044 of the Texas Local Government Code; such resolution also approved a non-annexation agreement with Wilson Manufacturing, guaranteeing the continuation of the extraterritorial status of said property; and WHEREAS, by Resolution No. 2814, the Board of Aldermen of the City of Wichita Falls extended the non-annexation agreement with Continental Emsco, Inc. ; and WHEREAS, Burcamp Steel Company has purchased the property, and the City Council deems it in the best interest of the City to enter into a new non-annexation contract with Burcamp Steel Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Burcamp Steel Company, whereby the City guarantees the continuation of the extraterri- torial status of the said property and its immunity from annexation by the City for a period of seven (7) years from January 1, 1992 , is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS TH 6 day of JuIy Gam"i M A Y O R ATTEST: J-LZInti. 1)( 1.1-) CITY CLERK State of Texas County of Wichita This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called City" , and Burcamp Steel Company, hereinafter called Burcamp. WITNESSETH: WHEREAS, Burcamp is the owner of a certain tract of land, hereinafter called "Subject Property", located in Clay County, Texas, said land being more fully described in Exhibit A, which is attached hereto and incorporated herein, and which land is located within City's extraterritorial jurisdiction; and, WHEREAS, the City Council of the City has, by Resolution No. 2438, designated Subject Property as an industrial district, and has authorized and approved this contract which such City Council deem to be in the best interest of the City. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained to be performed by the parties hereto, City and Burcamp 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, 1992 . 2 . City will furnish water service to Burcamp on Subject Property at rates equal to 150 per cent of the rates charged to users located within the city limits throughout the term of this contract, unless the City's City Council completely eliminates the standard out-of-city additional charge established by ordinance, in which event Burcamp shall thereafter pay the same rates charged to users within the city limits. 3 . The water service provided to Burcamp by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended and shall include the prohibition of sale or supply of water by Burcamp to any other tract of land or premise in violation of Section 32-25 of the Wichita Falls Code of Ordinances. Any such existing sale or supply of water by Burcamp shall cease upon execution of this contract. 4 . City will not furnish fire protection nor police protection service to Burcamp on Subject Property. 5. This contract does not release nor waive any obligations to the City in connection with any paving, curb and gutter, or other improvement liens which may be assessed against Subject Property. 6. It is agreed that in the event Subject Property is sold, either by deed or by sale of controlling interest in Burcamp, the obligations contained in this contract shall be assumed by the successor owner. 7 . Burcamp shall pay to City a payment in lieu of taxes in cash in an amount equal to the amount equal to 25 per cent of the amount that its normal city taxes would have been for each year of this contract beginning January 1, 1992 had they been in the city limits. The appraised value of the land, buildings and other improvements, machinery, equipment, inventory, and other personal property shall be determined in a manner as set forth in the Texas Property Tax Code, as amended. Further, such payment in lieu of taxes shall be paid within thirty (30) days after the receipt by Burcamp of the bills therefor. 8 . In the event Burcamp should breach any of the provisions of this contract, and it fails to remedy such breach within 30 days after having been notified by City to do so, then City shall have the right to terminate this contract, and at its discretion to either proceed to annex Subject Property or terminate the sale and supply of water. 9 . City may, at its discretion initiate proceedings to annex Subject Property into the city limits early enough to be able to complete such proceedings by December 31, 1998 . 10. This contract shall be effective as of January 1, 1992 . IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the day of , 1991. ✓ J CITY OF WIC ITA FA , EXAS BY: es B ina,-Ci Manager Attest: City Clerk v 7 /If! BURCAMP STEE PANY BY: A / ;s! C Attest: ////// Kv I. EXHIBIT 'A' A tract of land out of Block 35, Kemp & Newby Subdivision of part of Cherokee County School Lands, Clay County, Texas, more particularly described as follows: A 57.97 acre tract of land, deeded to Burcamp Steel Company by LTV Energy Products Company, as described in warranty deed recorded in Volume 387, Page 58, Clay County Deed Records; Less; A 5. 693 acre tract of land, deeded to B.W. Sinclair, Inc. by Burcamp Steel Company, as described in Volume 389, Page 469, Clay County Deed Records; and containing 52 . 3 acres of land, more or less.