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Res 1835 7/6/1976RESOLUTION NO. /13.5--- RESOLUTION DESIGNATING LOT 1 OF CERTAIN-TEED PRODUCTS ADDITION TO WICHITA FALLS, TEXAS, AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH CERTAIN-TEED CORPORATION GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Lot 1 of Certain-teed Products Addition to Wichita Falls, Texas, a plat of which is recorded in Volume 22, Pages 21-22 of the plat records of Wichita County, Texas, being a part of the area located in the extraterritorial jurisdiction of the City of Wichita Falls, is hereby designated 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. SECTION 2. That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Certain-teed Corporation, whereby the City guarantees the continuation of the extraterritorial status of said Lot 1 of the Certain-teed Products Addition and its im- munity from annexation by the City for a period of seven years from January 1st, 1977, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the Pal day of 1976. AYOR v ATTEST: City Clerk EXHIBIT A Lot 1 of Certain-teed Products Addition to Wichita Falls, Texas, according to the plat of said addition recorded in Volume 22, Pages 21-22 of the plat records of Wichita County, Texas. THE STATE OF TEXAS X COUNTY OF WICHITA X This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, herein- after called "City" , and Certain-teed Corporation, hereinafter called "Certain-teed" . WITNESSETH: WHEREAS, Certain-teed 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 extraterritorial jurisdiction; and, WHEREAS, the Board of Aldermen of City has , by Resolution No.' 1835 , designated Subject Property as an industrial district, and 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 Certain-teed do hereby agree as follows: 1. City guarantees the continuation of the extraterri- torial status of Subject Property, and its immunity from annex- ation by City for a period of seven (7) years from January 1st,1977 . 2 . City will furnish water service to Certain-teed on Subject Property at rates equal to 150% of the rates charged to users located within the City limits throughout the term of this con- tract, unless City 's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event Certain-teed shall thereafter pay the same rates charged to users within the City limits . 3 . City will furnish sanitary sewer service to Certain-teed 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 Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event Certain-teed shall thereafter pay the same rates charged to users within the City limits . 4. City will furnish solid waste collection and removal service to Certain-teed 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 Board of Aldermen completely eliminates the standard out-of- city additional charge established by ordinance, in which event " Certain-teed shall thereafter pay the same rates charged to users within the City limits. 5 . The water service, sanitary sewer service and solid waste collection service provided to' Certain-teed by City shall be subject to the ordinances of City as presently existing and as maybehereinafteramended. 6 . City ,will furnish fire protection service to Certain-teed on Subject Property. 7 . Certain-teed will pay to City each year during the seven (7) years of this 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 . 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 15 and December 31 of 1977 . In com- puting the amount that their taxes would be each year during this contract, the following rules shall be applied. a. The appraised value of "the land shall be determined 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 Certain-teed. c. The appraised value of the machinery, equipment and other personal property except for inventory shall be, throughout the term of this contract, an amount equal to 65% of the actual costs of such machinery, equipment and other personal property, which cost figures have been furnished to City by Certain-teed. d. The appraised value of the inventory shall be de- termined in the same manner that the inventory of other firms in the City are appraised. e. Each year the then current assessment ratio estab- lished 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 that the 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. 8 . This contract 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 Certain-teed should breach any of the provisions of this contract, 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 contract, and to proceed to annex Subject Property. 10 . City shall initiate proceeding to annex Subject Property into the City limits early enough to be able to complete such pro- ceeding by December 31, 1983, and Subject Property shall be included on the tax rolls of City on January 1, 1984 . 11. This contract shall be effective as of January 1, 1977 . 2 - IN WITNESS WHEREOF, the parties hereto have caused this con- tract to be executed by their duly authorized officers on this the 6th day of July 1976 . CITY OF WICHITA FALLS, TEXAS BY: 11, ": , Ge l7: d G. Fox City Manager ATTEST: City Clerk CERTAIN-TEED CORPORATION l '' " a1^! B l Franklin R. Winnert Vice President ATTEST:. Secretary