Loading...
Res 2391 9/18/1979RESOLUTION NO. YJ9/ RESOLUTION APPROVING AGREEMENT EXTENDING FOR TWO YEARS THE NON-ANNEXATION CONTRACT WITH PPG INDUSTRIES, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain Extension Agreement, a copy of which is attached hereto, between the City of Wichita Falls and PPG Industries, Inc. , whereby the non-annexation contract between the City and PPG Industries, Inc. is extended for a period of two years, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 18th day of September, 1979. M A Y O R ATTEST: 7Z/21 City Clerk THE STATE OF TEXAS ) SS:- COUNTY OF WICHITA ) EXTENSION AGREEMENT 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, 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 extraterri- torial jurisdiction; WHEREAS, the City and PPG entered into an Agreement, dated November 29, 1974 (the "1974 Agreement"), wherein the City declared the Subject Property to be an industrial district and agreed to refrain from the annexation of the Subject Property until December 31, 1981, in con- sideration for the payment by PPG of certain sums in lieu of the taxes which would have been assessed on the Subject Property if annexation had taken place; and, WHEREAS, due to the damage suffered by the City in a recent tornado, the City and PPG have agreed to extend the period of non-annexation and to make certain adjustments to the payments in lieu of taxes, both as described in the 1974 Agreement; and, WHEREAS, the Board of Aldermen of City has, by Resolution No. 2391 , authorized and approved this contract which such Board of Aldermen deem to be in the best interest of the 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. The 1974 Agreement is hereby extended by the mutual agree- ment of the parties for a period not to exceed two years beyond the original term set forth therein. In mutual consideration for said extension, the parties further agree to certain adjustments in the terms of the 1974 Agreement, which terms shall be hereinafter restated, as adjusted, in their entirety. It is agreed that, on and after the date hereof, the terms of this Extension Agreement shall supersede the terms of the 1974 Agreement. 2. City guarantees the continuation of the extraterritorial status of Subject Property and its immunity from annexation by City for a period such that the Subject Property shall not be assessable due to its appearance on the taxrolls prior to the year commencing January 1, 1984. 3. City will furnish water service to PPG on Subject Property at rates equal to 150% of the rates charged to users located within the City limits through December 31, 1981, unless City's Board of Aldermen reduces to a level below 50% or completely eliminates the standard out-of city additional charge established by ordinance, in which event PPG shall thereafter pay the same rates charged to other out-of-city users. If not sooner, PPG will pay the same rates charged to users within the City limits beginning January 1, 1982. 4. City will furnish sanitary sewer service to PPG on Subject Property at rates equal to 150% of the rates charged to users located within the City limits through December 31, 1981, unless City's Board of Aldermen reduces to a level below 50% or completely eliminates the standard 2- out-of-city additional charge established by ordinance, in which event PPG shall thereafter pay the same rates charged to other out-of-city users. If not .sooner, PPG will pay the same rates charged to users within the City limits beginning January 1, 1982. 5. City will furnish solid waste collection and removal service to PPG on Subject Property at rates equal to 125% of the rates charged to commercial and business establishments within the City limits through December 31, 1981, unless City's Board of Aldermen reduces to a level below 25% or completely eliminates the standard out-of-city additional charge established by ordinance, in which event PPG shall thereafter pay the same rates charged to other out-of-city users. If not sooner, PPG will pay the same rates charged to users within the City limits beginning January 1, 1982. 6. The water service, sanitary sewer service and solid waste collection service provided to PPG by City shall be subject to the ordi- nances of City as presently existing and as may be hereinafter amended. 7. PPG will pay to the City between October 15 and December 31 of each year during the five (5) years of this Extension Agreement a pay- ment in lieu of taxes. Such payment shall be in cash or cash equivalents acceptable to the City and in amounts to be determined in paragraphs (A) through (E) below. For purposes of these determinations, "Normal City , Taxes" shall mean the amount of normal city taxes that would have been due and payable by PPG on December 31 of the applicable tax year had the Subject Property been located within the limits of the City during the applicable tax year. A) The payment due December 31, 1979, shall be equal to 100% of the 1979 Normal City Taxes. 3- r B) The payment due December 31, 1980, shall be equal to 100% of the 1980 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 Normal City Taxes. C) The payment due December 31, 1981, shall be equal to 25% of the 1981 Normal City Taxes reduced by 3 3/4% of 75% of the 1979 and 1980 Normal City Taxes. D) The payment due December 31, 1982, shall be equal to 25% of the 1982 Normal City Taxes reduced by 3 .3/4% of 75% of the 1979 and 1980 Normal City Taxes. E) The payment due December 31, 1983, shall be equal to 25% of the 1983 Normal City Taxes reduced by 3 3/4% of 75% of the 1980 Normal City Taxes. In computing the Normal City Taxes, the following rules , shall be applied: a) The appraised value of the land shall be deter- mined in the same manner that other land in the City is appraised. b) The initial appraisal of the buildings and other improvements shall be an amount equal to 92% of the actual costs of such buildings and improvements, which cost figures have been furnished to City by PPG. c) The appraised value of the machinery, equipment and other personal property except for inventory shall be, throughout the term of this contract, an 4- r amount equal to 65% of the actual costs of such machinery, equipment and other personal property, which cost figures have been fur- nished to City by PPG. 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. e) Each year the then current assessment ratio established by the Board of Aldermen shall be applied to the appraised value in order to obtain the assessed value; the then current tax rate as established by the Board of Aldermen shall be applied to the assessed value to obtain the amount of the Normal City Taxes. 8. This Extension Agreement does not release or waive any obligations 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 Extension Agreement, and it fails to remedy such breach within thirty 30) days after having been notified by City to do so, then City shall have the right to terminate this Extension Agreement, and to proceed to annex Subject Property. 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, 1983, and Subject Property shall be included on the tax rolls of City on January 1, 1984. 5- l I . 11. City will furnish fire fighting services to PPG on Subject Property. 12. This Extension Agreement shall be effective as of the date hereof. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the day of 1979 . Attest; CITY OF WICHITA FALLS, TEXAS ZG=z 1 y f.e' By City Clerk Cit anager Attest: PPG INDUSTRIES, INC. By Vice President 6- 1 , ) EXHIBIT A Bacon Switch Addition, Block 1, a subdivision containing 490.46 acres, more or less, out of the Thomas Curry Survey, Abstract 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.