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Res 2689 12/2/1980J w Z r• RESOLUTION NO. c RESOLUTION ADOPTING AN INDUSTRIAL ANNEXATION POLICY, ESTABLISHING ELIGIBILITY CRITERIA FOR INDUSTRIES TO CONTRACT WITH THE CITY FOR IMMUNITY FROM ANNEXATION AND PROVIDING FOR CONTRACT TERMS AND CONDITIONS. WHEREAS, on February 7 , 1978 , the Board of Aldermen of the City of Wichita Falls adopted Resolution No. 2088, which adopted an Industrial Annexation Policy, which policy was recommended by the Planning Board, the purpose of which was to provide prospective industries, the Board of Commerce and Industry, and the City' s administrative staff with definitive guide lines concerning industrial annexation; and, WHEREAS , it is deemed advisable to expand such policy to provide for situations where industries located within the City desire to build new plants outside the city limits. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. That certain Industrial Annexation Policy, a copy of which is attached hereto, is 'hereby adopted. SECTION 2 . Resolution No. 2088 is hereby repealed. PASSED AND APPROVED this the 2nd day of December, 1980 . MAYOR ATTEST: 2 City Clerk Attachment to Resolution No. INDUSTRIAL ANNEXATION POLICY CITY OF WICHITA FALLS , TEXAS This Industrial Annexation Policy is formally adopted by the Board of Aldermen in the interest of providing prospective industries and industrial expansions, the Board of Commerce and Industry and the City Administrative Staff with definitive guidelines to be used in the Annexation policies of the City. This Policy shall be applicable to both defined industrial parks and to areas outside industrial parks which are susceptible or planned for industrial land uses. The Standard Industrial Classification (SIC) code shall be used to classify indus- tries. Only economic activities with the SIC code 2 and 3, Manufacturing, shall be eligible to be considered as qualified industries. This Policy shall apply to any new industry of a desirable type that will create new employment, that will benefit the local economy, that does not locate adjacent to Wichita Falls in order to primarily serve the Wichita Falls trade area and that desires to build an industry on a tract of land adjacent or in close proximity to, but not in the City of Wichita Falls. This Policy is to secure new industries which have a freedom of choice as to location. This policy shall also apply to any existing industry of a desirable type that chooses to substantially expand its facilities and work force in the Wichita Falls area on a tract that is adjacent or in close proximity to, but not in the City of Wichita Falls, and such expansion is not primarily to serve the Wichita Falls trade area. This Policy shall apply to those existing industries which are unable to find and purchase suitable expansion sites within the City of Wichita Falls, which will invest substantially more funds in new plant and equipment over and above current levels of investment inside the city and to those industries which will employ substantially more people than are currently employed in their exist- ing facilities. This provision of this Policy recognizes that increased investment and increased employment from bona fide industrial expansions will greatly enhance the economic base of the City of Wichita Falls. In addition, this Policy shall not apply to any industry locating in the vicinity of Wichita Falls by reason of its own convenience and necessity in order to serve Wichita Falls and its trade area. To do so would jeopardize the position of com- petitive industries already located in and paying taxes in the City of Wichita Falls. Industries locating outside of the city limits of Wichita Falls utilizing the City's water and/or sewer utility facilities shall be annexed to the city limits of Wichita Falls within the calendar year immediately after the calendar year of their beginning industrial operations within their plant. Or, prior to beginning con- struction of their plant facilities or occupying existing facilities, an industry may make application to the Board of Aldermen for a formal contract with the City of Wichita Falls under one of the two following conditions: 1. The City of Wichita Falls guarantees the continuation of the extra-territorial status of the industry's tract of land , and its immunity from annexation by the City for a period of five (5) years beginning with the January 1 st immediatelyY following the execution of the contract. In addition, the City gagrees to furnish an industry that it enters into a formal five (5) year contract the following: a) Water service to the industry's tract of land at rates equal to 200% of the rates charged to users located within the city limits throughout the terms of the contract. b) Sanitary sewer service to the industry's tract of land at rates equal to 200% of the rates charged to users located within the city limits throughout the term of the contract. c) Solid waste collection and removal service to the industry's tract of land at rates equal to 150% of the rates charged to commercial and business estab- lishments within the city limits throughout the term of the contract. 2. The City of Wichita Falls guarantees the continuation of the extra-territorial status of the industry's tract of land and its immunity from annexation by the City for a period of seven (7) years beginning with the January 1st immediately following the execution of the contract, and the industry will pay to the City each year during the seven (7) years of the contract, as payment in lieu of taxes, an amount in cash equal to 25% of that amount that their normal City taxes would have been that year had they been in the city limits. In addition, the City agrees to furnish an industry that it enters into a formal seven (7) year contract the following: a) Water service to the industry's tract of land at rates equal to 150% of the rates charged to users located within the city limits throughout the terms of the contract. b) Sanitary sewer service to the industry's tract of land at rates equal to 150% of the rates charged to users located within the city limits throughout the term of the contract. c) Solid waste collection and removal service to the industry's tract of land at rates equal to 125% of the rates charged to commercial and business establish- ments within the city limits throughout the term of the contract. 3. This paragraph applies to existing industries which are presently located in the City of Wichita Falls and which meet the criteria set forth above for expan- sions of existing industries outside the City of Wichita Falls. As with new indus- tries, such expanding existing industries shall have available to them the non- annexation options stated hereinabove. Since, however, such existing industries are frequently only contemplating expansion, and economic , work force and other factors may intervene to delay or completely eliminate those expansion plans, and, in an effort to assure that the intentions of this Policy are not circumvented for those or other reasons, participating industries must agree to pay the City an amount equal to what their normal City taxes would have been had they been in the city limits. This amount, as payment in lieu of taxes, shall be due and payable within 12 months after the effective date of any non-annexation agree- ment and shall be paid only if the contemplated expansion is not physically under way and being actively pursued within that 12-month period. Industries not utilizing water and/or sewer utility services of the City but located within the logical growth pattern areas of the City or on the fringes of the city limits shall be annexed to the city limits of Wichita Falls at such time as the logical step by step annexation program would encompass this area.