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Res 229-83 11/15/1983RESOLUTION NO. 229-83 RESOLUTION APPROVING A NON-ANNEXATION CONTRACT WITH JOHN R. VITEK AND DORIS J . VITEK, GUARANTEEING IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS . WHEREAS, by Resolution No. 1895 , the Board of Aldermen of the City of Wichita Falls designated a certain 11 .894 acre tract of land described on Exhibit A, which is attached hereto and incorporated herein, being a part of the area located in the extraterritorial jurisdiction of the City, as an industrial district in accordance with the provisions 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 John R. Vitek and Doris J. Vitek guaranteeing the continuation of the extraterritorial status of said tract of land; 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 John R. Vitek and Doris J . Vitek 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 John R. Vitek and Doris J . Vitek , whereby the City guarantees the continuation of the extraterritorial status of said 11 .894 acre tract of land shown on Exhibit A and its immunity from annexation by City for a period of seven 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 the 15th day of November 1983 . v ' Y • R ATTEST: City Clerk STATE OF TEXAS X COUNTY OF WICHITA X NON-ANNEXATION CONTRACT WITH JOHN R. VITEK AND DORIS J. VITEK This contract made and entered into by and between the City of Wichita Falls , Texas, a municipal corporation, hereinafter called City" , and John R. Vitek and Doris J. Vitek, hereinafter called Viteks", WITNESSETH: WHEREAS, Viteks are the owners of a certain tract of land, hereinafter 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 which land has been leased by Viteks to American Resin & Chemical Corporation; and, WHEREAS, the City Council of City has , by Resolution No. 1895, designated Subject Property as an industrial district, and by Resolution No . 229-83 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 Viteks 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 Viteks 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 charge , established by ordinance, in which event Viteks 'shall there- after pay the same rates charged to users within the City limits . 3 . City will furnish sewer service to Viteks 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 Viteks shall there- after pay the same rates charged to users within the City limits . 4 . City will furnish solid waste collection and removal service to Viteks 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 additional charge established by ordinance, in which event Viteks shall there- after pay the same rates charged to users within the City limits . Viteks may use this service at their option. 5 . The water service, sanitary sewer service and solid waste collection service provided to Viteks 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 Viteks on Subject Property. 411/MMONININSIMINNIMMINNIMMENNONMSNINSIMINNMOD/9 Property. 8 . Viteks 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 40% 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 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 . - 2 - 1 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 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. 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, equip- ment and other personal property except for inventory which may be acquired after January 1 , 1984 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 Distirct; this same appraisal shall be used for subsequent years of 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 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 3 • 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 Viteks should breach any of the provisions of this contract, and they fail 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 pro- ceedings by December 31, 1990 , and Subject Property shall be included on the tax rolls of City on January 1, 1991 . 12 . This contract shall be effective as of January 1, 1984 . 13 . This contract shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on this the /54 day of /1/6-ve Zj ey-, , 1983 . CITY WICH A FA By: �/jam, Ja' ' s Ber 'ina ATTEST:----k-evkz,.._J• Cty Manager City Clerk APPROVED AS TO FORM: —1-b--1/. _.,/ . 'City A ne /et/iy.,4( i Joh . Vitek ,/1,,,----A....6_, SL-a..Z.4 Doris e'. Vitek l/ . - 4 4 EXHIBIT A Being located in Denton County School Lands, League 2, A-57, Wichita County, Texas, more fully described as follows : Beginning at the southwest corner of a 7 .76 acre tract heretofore conveyed to Jack C . Wessler , Trustee, by deed recorded in Vol . 1082 , Page 98 , Deed Records of Wichita County, Texas ; said point being in the north right-of-way line of FM Hwy No . 369 , said point being S 89 ° 59 ' 10" W 359 .50 feet from the east line of Block 1 , League 2 , Denton County School Land; Thence S 89° 59 ' 10" W along the north right-of-way line of said FM Hwy No . 369, parallel with and 60 .0 feet at right angles from the center line of said Highway, 1269 .36 feet to the intersection of said Highway right-of-way line with the southeast right-of-way line of the Fort Worth and Denver Railroad; Thence N 57° 12 ' 22" E along the southeast right-of-way line of said railroad, parallel with and 50 .0 feet at right angles from the center line of said railroad, a distance of 1507 .86 feet to the northwest corner of the Wessler 7 .76 acre tract; Thence S 00° 07 ' 38 " E along the west line of said 7 .76 acre tract, 816 . 38 feet to the place of beginning and containing 11 .894 acres of land . City Council completely eliminates the standard out-of-City additional charges established by ordinance, in which event Viteks shall there- after pay the same rates charged to users within the City limits . 4 . City will furnish solid waste collection and removal service to Viteks 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 additional charge established by ordinance, in which event Viteks shall there- after pay the same rates charged to users within the City limits . Viteks may use this service at their option . 5 . The water service, sanitary sewer service and solid waste collection service provided to Viteks 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 Viteks on Subject Property. 7 . Viteks shall not allow the sale of fireworks on Subject Property. 8 . Viteks 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 40% 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 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 . j) - I ryb1. 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 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. 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, equip- ment and other personal property except for inventory which may be acquired after January 1, 1984 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 Distirct; this same appraisal shall be used for subsequent years of 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 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 3 - a : tk, 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 Viteks should breach any of the provisions of this contract, and they fail 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 pro- ceedings by December 31, 1990 , and Subject Property shall be included on the tax rolls of City on January 1, 1991 . 12 . This contract shall be effective as of January 1, 1984 . 13 . This contract shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed on this the day of 1983 . CITY OF WICHITA FALLS By: James Berzina ATTEST: City Manager City Clerk APPROVED AS TO FORM: City Attorney John R. Vitek Doris J . Vitek EXHIBIT A Being located in Denton County School Lands, League 2, A-57, Wichita County, Texas, more fully described as follows : Beginning at the southwest corner of a 7 .76 acre tract heretofore conveyed to Jack C. Wessler , Trustee, by deed recorded in Vol . 1082, Page 98 , Deed Records of Wichita County, Texas; said point being in the north right-of-way line of FM Hwy No. 369 , said point being S 89 ° 59 ' 10 " W 359 .50 feet from the east line of Block 1, League 2, Denton County School Land; Thence S 89° 59 ' 10" W along the north right-of-way line of said FM Hwy No . 369, parallel with and 60 .0 feet at right angles from the center line of said Highway, 1269 .36 feet to the intersection of said Highway right-of-way line with the southeast right-of-way line of the Fort Worth and Denver Railroad; Thence N 57° 12 ' 22" E along the southeast right-of-way line of said railroad, parallel with and 50 .0 feet at right angles from the center line of said railroad, a distance of 1507 .86 feet to the northwest corner of the Wessler 7 .76 acre tract; Thence S 00 ° 07 ' 38 " E along the west line of said 7 .76 acre tract, 816 .38 feet to the place of beginning and containing 11 .894 acres of land.