Res 226-83 11/15/1983RESOLUTION NO. 226-83
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 a part of the area located in the extraterritorial jurisdiction
of the City, as an industrial district in accordance with the pro-
visions of Section 5 of the Municipal Annexation Act, Article 970a
of the Revised Civil Statutes of Texas; such resolution also approved
a non-annexation agreement with PPG Industries , Inc . , guaranteeing
the continuation of the extraterritorial status of said addition;
and,
WHEREAS , such non-annexation agreement expires December 31, 1983 ,
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 .
covering such property.
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 extraterritorial 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,
1984 , is hereby approved, and the City Manager is authorized to
execute the same for the City of Wichita Falls .
PASSED AND APPROVED this thel5th day of November , 1983 .
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A YO R
ATTEST:
ji
City Clerk
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STATE OF TEXAS X
COUNTY OF WICHITA X
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, herein-
after called "Subject Property" , located in Wichita 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 City has, by Resolution No. 1589 ,
designated Subject Property as an industrial district, and by
Resolutions No. 226-83 and No. 19-84 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 PPG 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, 1984 .
2 . City will furnish water service to PPG on Subject Property
at rates equal to 175% 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 PPG shall
thereafter pay the same rates charged to users within the City
limits.
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3 . City will furnish sewer service to PPG on Subject Property
at rates equal to 175% 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 charges established by ordinance, in which event PPG
shall thereafter pay the same rates charged to users within the
City limits.
4 . City will furnish solid waste collection and removal
service to PPG on Subject Property at rates equal to 150% 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 addi-
tional charge established by ordinance, in which event PPG shall
thereafter pay the same rates charged to users within the City
limits . PPG may use this service at its option.
5 . The water service, sanitary sewer service and solid waste
collection service provided to PPG by City shall be subject to the
ordinances of City as presently existing and as may be hereinafter
amended.
6 . City will furnish fire protection service to PPG on Subject
Property throughout the term of this contract.
7 . PPG shall not allow the sale of fireworks on Subject
Property.
8 . PPG 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 400 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
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December 31 of 1984 . 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 1983 appraised value of such land made by the
Wichita County Appraisal District.
b. The appraisal of the presently existing buildings
and other improvements shall be, throughout the term of this
contract, an amount equal to 100% of the 1983 appraised value of
such buildings and improvements made by the Wichita County Appraisal
District. The appraisal of all buildings and other improvements
constructed on Subject Property after January 1, 1984 , shall be
an amount equal to 100% of the appraised value of such buildings
and other 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. The appraisal for any year or years when the construction
is in progress shall be 100% of the appraised value of such
buildings and improvements made by the Wichita County Appraisal
District for that year or years. If any buildings or improvements
are demolished or removed from the property, their appraised value
shall be deducted from the appraisal of the buildings and improve-
ments under this contract.
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 1983 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 , 1984, shall
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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 appraisal
shall be used for subsequent years of this contract. If any
machinery, equipment or other personal property is destroyed or
removed from the property, their appraised value shall be deducted
from the appraisal of the machinery, equipment and other personal
property under this contract.
d. The appraised value of the inventory shall be deter-
mined 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 assessment ratio established
by the City Council shall be applied to the appraised value (as
determined under a . through d. 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 that year had the property
been located within the City limits . The payment in lieu of taxes
shall be 40% 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 PPG 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 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
proceedings by December 31, 1990 , and Subject Property shall be
included on the tax rolls of City on January 1, 1991 .
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12 . The benefits of this contract shall extend to any
PPG affiliate, for example, a corporation, partnership or other
business enterprise in which PPG owns or controls at least 50% of
the stock, which may become an owner of this property.
13 . This contract shall inure to the benefit of and be binding
upon City and PPG, their successors and assigns.
14 . This contract shall be effective as of January 1, 1984 .
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their duly authorized officers on this
the 16th day of July, 1984 .
CITY OF WIC ITA FALLS
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By. / 4;01-3W.--
J es B'erzin
ity Manag
ATTEST:
,,,,Lifry,., ,k c7.16-„,,,d2
City Clerk
APPROVED AS TO FORM:
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City At rn 3
PPG INDUSTRIES, INC.
BY: at--tiOkAllAita,
Vice-PresideTI ' F
ATTEST:
<7,---Z Y---------.....,e ..,,,:
sistant Secretary
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EXHIBIT A
Bacon Switch Addition, Block 1, a subdivision containing
490 . 46 acres, more or less, out of the Thomas Curry
Survey, Abstrct 345, in Wichita County, Texas, according
to the plat of said subdivision recorded in Volume 21 ,
Page 49 of the Plat Records of Wichita County, Texas .
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