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Res 205-85 12/17/1985v RESOLUTION NO. dn JD- RESOLUTION APPROVING A NEW NON-ANNEXATION CONTRACT WITH JOY MANUFACTURING COMPANY, SUCCESSOR TO GH- FOSTER CATHEAD COMPANY , INC . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS , TEXAS, THAT: That certain non-annexation agreement, a copy of which is attached hereto, between the City and Joy Manufacturing Company, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . Although by law such a contract cannot exceed seven years , it is the intention of the Council that, at the expiration of this contract, the City will make a new seven year non-annexation agreement with Joy Manufacturing Company on the same terms and conditions that they make with other industries . PASSED AND APPROVED this the 17th day of December, 1985 . Y 0 R ATTEST: City Clerk r THE STATE OF TEXAS X COUNTY OF WICHITA X NON-ANNEXATION CONTRACT WITH JOY MANUFACTURING COMPANY This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City" , and Joy Manufacturing Company, hereinafter called Joy" , WITNESSETH: WHEREAS , Joy is the owner of a certain tract of land, hereinafter called "Subject Property" located in Wichita County, Texas, said land being more fully described as all of Lot 1, Block 27 of the Replat of part of Block 27, Kemp & Newby Sub- division, as shown on the plat of record in the office of the County Clerk of Wichita County, Texas, which land is located within City 's extraterritorial jurisdiction; and, WHEREAS, the City Council of City did, by Resolution No. 2927, on December 1, 1981, designate Subject Property as an industrial district, and approved a non-annexation agreement with GH-Foster Cathead Company, Inc . , then owner of such property, which agree- ment terminates December 31, 1985; and, WHEREAS, the City Council of City has, by Resolution No . 205-85 , authorized and approved this contract, which such City Council 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, City and Joy 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 two (2) years from January 1, 1986 . 2 . City will furnish water service to Joy on Subject Property at rates equal to 150% of the rates charged to users located within the City limits throughout the term of this contract, unless City 's City Council completely eliminates the standard out-of-City addi- tional charge established by ordinance, in which event Joy shall thereafter pay the same rates charged to users within the City limits . 3 . City will furnish sewer service to Joy on Subject Property at rates equal to 150% of the rates charged to 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 Joy shall thereafter pay the same rates charged to users within the City limits . 4 . City will furnish solid waste collection and removal service to Joy 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 Joy shall thereafter pay the same rates charged to users within the City limits . 5 . The water service, sewer service and solid waste collection service provided to Joy by City shall be subject to the ordinances of City as presently existing and as may be herein- after amended. 6 . City will furnish fire protection service to Joy on Subject Property throughout the term of this contract . 7 . Joy shall not allow the sale of fireworks on Subject Property . 2 I r 8 . Joy will pay to City each year during the two (2) years of this contract, as payment in lieu of taxes, an amount in cash, or cash equivalents acceptable to City, equal to 25% 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 lieu of taxes shall be payable between October 1 and December 31 of 1986 . In computing the amount that their annual City taxes would be each year during this contract, the following rules shall be applied: a. The appraised value of the land, the buildings and other improvements, and the machinery, equipment and other personal property shall be determined in the same manner as other items of this type in the City are appraised. b. The appraised value of the inventory will vary from year to year at book value, less the freeport exemption, when legally applicable . c . Each year the then-current tax rate as established by the City Council shall be applied to such appraised value to obtain the amount that the normal City taxes would have been that year had the property been located within the City limits . The payment in lieu of taxes shall be 25% of the amount so computed. 9 . 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. 10 . In the event Joy should breach any of the provisions of this contract, and it fails to remedy such breach within thirty 30) days after having been notified 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 into the City limits early enough to be able to complete such 3 - 1 proceedings by December 31, 1987 , and Subject Property shall be included on the tax rolls of City on January 1, 1988 . 12 . This contract shall inure to the benefit of and be binding upon City and Joy, their successors and assigns . 13 . This contract shall be effective as of January 1, 1986 . IN WITNESS WHEREOF , the parties hereto have caused this contract to be executed by their duly authorized officers on this the 17th day of December , 1985 . THE CITY 0 WICHITA FALLS ;:) BY: fi �/7// ��,. /Ja es Berz‘ina Cit Manager ATTEST : Y•Li,v)‘/4-- i", L C1/El-2/ Acting City Clerk F APPROVED AS TO FORM: c"SP--,-111—-g4I i;•jjz - City Att, ��y L JOY MANUFACTURING COMPANY By: �fj:ii/-77-7/ Vice President, Frnance Alan F. Atwood ATTEST : ___7_(;...4,4„../27. ://:-C4-4.._; 1--).1 - .S- Secretary, Risznard N Jacobson K. - 4 -