Loading...
Res 1589 10/22/1974RESOLUTION NO. _4_ 42k27._ RESOLUTION DESIGNATING BACON SWITCH ADDITION, BLOCK 1, AN ADDITION TO WICHITA COUNTY, AS AN INDUSTRIAL DISTRICT, AND APPROVING A CON- TRACT WITH PPG, INC. GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN (7) YEARS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Bacon Switch Addition, Block 1, an addition to Wichita County, Texas, a plat of which is recorded in Vol- ume 21, Page 49 of the plat records of Wichita County, Texas, being a part of the area located in the extraterritorial juris- diction 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 PPG In- dustries, Inc. , whereby the City guarantees the continuation of the extraterritorial status of the said Bacon Switch Addition, Block 1 and its immunity from annexation by City for a period of seven (7) years from January 1st, 1975, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. j PASSED AND APPROVED THIS THE 0 LDAY OF 1974. ATTEST: CITT Y" C L E R K y v THE STATE OF TEXAS § COUNTY OF WICHITA § This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, herein- after 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 extraterritorial jurisdiction; and, WHEREAS, the Board of Aldermen of City has, by Resolu- tion No. designated Subject Property as an indus- trial 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 PPG 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, 1975. 2. 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 throughout the term of this con- tract, unless City' s Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordi- nance, in which event PPG shall thereafter pay the same rates charged to users within the City limits. 3. 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 throughout the term of this Y contract, unless City' s Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordi- nance, 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 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 PPG 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 PPG by City shall be sub- ject to the ordinances of City as presently existing and as may be hereinafter amended. 6. 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 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 1975. 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 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 amount equal to 65% of the actual costs of such machinery, equipment and other personal property, 2 - t` Y which cost figures have been furnished to City by PPG. 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. 7. 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. 8. In the event PPG 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. 9. 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, 1981, and Subject Property shall be inclu- ded on the tax rolls of City on January 1, 1982. 10. This contract shall be effective as of January 1, 1975. IN WITNESS WHEREOF, the parties hereto have caused this con- tract to be executed by their duly authorized officers on this the day of 1974. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox City Manager ATTEST: City Clerk PPG INDUSTRIES, INC. BY: President ATTEST: Secretary 3 • which cost figures have been furnished to City by PPG. 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. 7. 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. 8 . In the event PPG 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. 9 . 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 , 1981 , and Subject Property shall be inclu- ded on the tax rolls of City on January 1 , 1982 . 10 . This contract shall be effective as of January 1 , 1975 . IN WITNESS WHEREOF, the parties hereto have caused this con- tract to be executed by their duly authorized officers on this the 29th day of November , 1974 . CITY OF WICHITA FALLS, TEXAS By: Ge4I d G . Fox V City Manager ATTEST : �� p City Clerk " PPG IND TRIES, INC . By: Johyi B. White Vice President AT.;EST: , Secretary - 3 r ti , • 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.