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Res 194-90 11/20/1990Resolution No. 194-90 A RESOLUTION APPROVING A NON-ANNEXATION CONTRACT WITH PPG INDUSTRIES, INC. GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS WHEREAS, by Resolution No. 1589, the Board of Aldermen of the City of Wichita Falls designated Bacon Switch Addition, Block 1, an addition to Wichita County, Texas, a plat of which is recorded in Volume 21, page 49 of the Plat Records of Wichita County, Texas, being part of the area located in the extraterritorial 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 PPG Industries, Inc. , guaranteeing the continuation of the extraterritorial status of said addition; and, WHEREAS, by Resolution No. 226-83 , the City Council of the City of Wichita Falls extended the non-annexation agreement with PPG Industries, Inc. for an additional seven (7) years; and, WHEREAS, such non-annexation agreement expires on December 31, 1990, and the City Council deems it in the best interest of the City to enter into a new non-annexation contract with PPG Industries, Inc. 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 PPG Industries, Inc. , whereby the City guarantees the continuation of the extraterri- torial status of the said Bacon Switch Addition, Block One and its immunity from annexation by City for a period of seven (7) years from January 1, 1991, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS TH h day of • -;,,•er, 19 0. M • Y O R ATTEST: C:712169kt CITY CLERK STATE OF TEXAS COUNTY OF WICHITA NON-ANNEXATION CONTRACT WITH PPG INDUSTRIES, INC. This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called City" , and PPG Industries, Inc. , hereinafter called "PPG" . WITNESSETH: WHEREAS, PPG is the owner of a certain tract of land, 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 an in consideration of the mutual covenants hereinafter contained to be performed by the parties hereto, City and PPG do hereby agree as follows: A 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, 1991. 2 . City will furnish water service to PPG 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. 1 3 . City will furnish sewer service to PPG at rates equal to 100% of the rates charged to users located within the City limits throughout the term of this contract. 4 . The water service and sanitary sewer service provided to PPG 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 PPG on Subject Property throughout the term of this contract. 6 . PPG shall not allow the sale of fireworks on Subject Property. 7 . PPG 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 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 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, 1990 appraised value of such land made by Wichita County Appraisal District. 2 1 b) The appraised value of the buildings and other improvements existing on the Subject Property as of January 1, 1990 shall, throughout the term of this contract, be an amount equal to 100% of the January 1, 1990 appraised value of such buildings and improvements made by the Wichita County Appraisal District. c) The appraised value of all buildings and other improvements constructed on Subject Property after January. 1, 1990, shall be an amount equal to 100% of the initial appraised value of such buildings and improvements made by the Wichita County Appraisal District when such buildings and improvements are completed; this same appraisal shall be used for subsequent years of this contract. If any buildings or improvements are demolished or removed from the property, their appraised value shall be deducted from the appraised value of the buildings and improvements under this contract. Construction in progress shall be appraised for purposes of this contract in compliance with Section 23 . 01 of the Property Tax Code and in conformance with generally accepted appraisal techniques. This same appraisal method shall be used for subsequent years of this contract. d) The appraised value of the machinery, equipment and other personal property (except for inventory) existing as of January 1, 1990 3 shall, throughout the term of this contract, be an amount equal to 100% of the January 1, 1990 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 any machinery, equipment and other personal property (except for inventory) acquired after January 1, 1990, and utilized on the Subject Property shall be an 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. If any machinery, equipment, or other personal property is destroyed or removed from the property, then their appraised value shall be deducted from the appraisal of the machinery, equipment and other personal property under this contract. f) 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. By August 1 of each contract, PPG shall furnish to the City Tax Collector a detailed list of all new construction and all equipment purchased for the year ending the previous January 1. For the first year of the contract, PPG shall 4 furnish beginning values for all property covered by this contract. PPG shall also furnish the City Tax Collector with the value of the inventory and the portion of that inventory that will be subject to the freeport exemption. g) Each year, the then-current assessment ratio established by the City Council shall be applied to the appraised value (as determined under (a) through (f) 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. PPG's payment in lieu of taxes shall be 60% of the amount so computed under items 7 (a) , through (f) above. 8 . 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. 9 . In the event PPG 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. 5 f 10. City shall initiate proceedings to annex Subject Property into the City limits early enough to be able to complete such proceedings by December 31, 1997, and Subject Property shall be included on the tax rolls of the city on January 1, 1998 . City shall notify PPG in writing 30 days prior to initiating such proceedings. s 11. This contract shall be effective as of January 1, 1991. 12 . Nothing in this contract shall limit or in any way restrict PPG's ability to appeal any appraisal made by the Wichita County Appraisal District. This contract shall inure to the benefit of PPG's assigns or successors in interest to Subject Property. IN WITNESS WHEREOF, the parties hereto have caused this contract to 4,, be executed by their duly authorized officers on this the day of i LtP> 1990. CITY OF WICHITA FALLS By: J. es Berzina pity Manager 6 f S • ATTEST: 4 r 4(26-4K/LI -r c;116171.."--d---/ ity Clerk APPROVED AS TO '.RM: a , L_ C'ty Attorney PPG INDUSTRIES, INC. By: '4,44 ATTEST: k1-0--- cAc, ,1/4,/ A-11—tut.A t,L) NOTARIAL SEAL DIXIE LEE CA;RLUCC1,NOTARY PUBLIC PITTSDUF C,H,ALLEGHENYCOUNTY MY CO'M SSi0N EAPIRE5 DEC.7,1992_ Member,Pennsylvania As ociabon of Notaries v, 7