Res 033-2000 3/7/2000RESOLUTION NO. Ha-A.MC6..
RESOLUTION APPROVING A SECOND GENERATION NON -
ANNEXATION AGREEMENT WITH SHAMROCK PIPELINE
CORPORATION, GUARANTEEING ITS IMMUNITY FROM
ANNEXATION FOR A PERIOD OF SEVEN YEARS BEGINNING
JANUARY 1, 2000; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, by Resolution No. 179 -92, the City Council of the City of Wichita
Falls designated a certain tract of land located in Wichita County and owned by
Shamrock Pipeline Corporation as an industrial district; and
WHEREAS, the City of Wichita Falls entered into a first generation
non - annexation agreement with Shamrock Pipeline Corporation (formerly Diamond
Shamrock Refining and Marketing Company) for a period of seven years from January
1, 1993; and
WHEREAS, the City of Wichita Falls desires to enter into a second generation
non - annexation agreement with Shamrock Pipeline Corporation for a period of seven
years from January 1, 2000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to enter into a second
generation non - annexation agreement with Shamrock Pipeline Corporation, a copy of
which is attached hereto, whereby the City guarantees the extraterritorial status of said
property and its immunity from annexation by the City for a period of seven (7) years
from January 1, 2000.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 7th day of March 2000.
ATTEST:
City Clerk
.
STATE OF TEXAS
COUNTY OF WICHITA
NON-ANNEXATION CONTRACT WITH SHAMROCK PIPELINE CORPORATION
This contract made and entered into by and between the City of Wichita Falls, Texas, a
municipal corporation, hereinafter called "City", and Shamrock Pipeline Corporation, hereinafter
called "Shamrock Pipeline Corporation".
WITNESSETH:
WHEREAS, Shamrock Pipeline Corporation 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 the City's extraterritorial jurisdiction.
WHEREAS, the City Council has previously designated Subject Property as an industrial
district;
NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter
contained to be performed by the parties hereto, City and Shamrock Pipeline Corporation do
hereby agree as follows:
1. City guarantees the continuation of the extraterritorial status of Subject Property, and
its immunity from annexation by the City, for a period of seven (7) years from January
1, 2000.
2. City will furnish water service to Shamrock Pipeline Corporation 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. These services shall be subject to the
ordinances of the City presently existing and as may be hereinafter amended and
• shall include the prohibition of sale or supply of water by Shamrock Pipeline
Corporation to any other tract of land or premise in violation of Section 32-25 of the
Wichita Falls Code of Ordinances. Any such existing sale or supply of water by
Shamrock Pipeline Corporation shall cease upon execution of this contract.
3. City will furnish fire protection services to Shamrock Pipeline Corporation on Subject
Property throughout the term of this contract. Shamrock Pipeline Corporation shall
provide fire protection standards as required by the City.
4. Shamrock Pipeline Corporation shall not allow the sale of fireworks on Subject
Property.
5. Shamrock Pipeline Corporation will pay to the City each year during the seven (7)
years of this contract, as payment in lieu of all taxes, an amount in cash, or cash
equivalents acceptable to City, equal to 40% of the amount that its normal City taxes
would have been for that year had it been within the City limits. Each annual
payment shall be made within thirty (30) days after the receipt by Shamrock Pipeline
Corporation of the bills therefore. The appraised value of the land, buildings and
other improvements, machinery, equipment, inventory, and other personal property
shall be determined by the Wichita County Appraisal District each year as set forth in
the Texas Property Tax Code, as amended.
6. In the event that Shamrock Pipeline Corporation should breach any of the provisions
of this contract, and it fails to remedy such breach within 30 days after having been
notified in writing by City to do so, then City shall have the right to terminate this
contract, and to proceed to annex Subject Property, provided that City shall not have
the right to terminate this contract if Shamrock Pipeline Corporation has in good faith
disputed any alleged breach and the parties resolve such dispute within ninety (90)
days.
7. The City shall, at its option, initiate proceedings to annex Subject Property into the
City limits early enough to be able to complete such proceedings by December 31,
2006, and Subject Property shall be included on the tax rolls of the city on January, 1
2007. City shall notify Shamrock Pipeline Corporation in writing 30 days prior to
initiating such proceedings.
8. This contract shall be effective January 1, 2000.
9. Nothing in this contract shall limit or in any way restrict Shamrock Pipeline
Corporation's ability to appeal any appraisal made by the Wichita County Appraisal
District. This contract shall inure to the benefit of Shamrock Pipeline Corporation's
assigns or successors in interest to Subject Property.
10. This contract repeals and replaces any previous non-annexation agreement between
the parties.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their
dulyauthorized officers on this the 1 1'
f day of /0//r,�. .f , 2000.
CITY OF WICHITA FALLS
Bpi' '
(James Be-rzina y✓ /�
City Manager (/
ATTEST:
' thicui
City Clerk
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APPROVED AS TO FORM:
ity Attorney
SHAMROCK PIPELINE CORPORATION
By:
ATTEST:
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EXHIBIT A
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HELD 1t2TI3
azcINNING at a point in the West line of Block 37, Cherokee County School Land, 2723.1 feet South from its Northwest corner.
said beginning point being in the South line of Parm-Market Hwy. 3393 and on the centerline of Cottonwood Road;
Timm along, adjoining and adjacent the West line of Block 37 and the center of Cottonwood Road S 00' 31' 15' W 863.6 feet;
THENCI N 81. 59' Z. at 30.3 feet peen an iron rod at the Northwest corner of a ten acre tract described at volume 923, Page
20, Wichita County Deed Records, and continuing on the same course with fence, along, adjoining and adjacent to the north
boundary line of said ten acre tract, in all 297.7 feet to an iron rod at an angle in fence;
MRCS with fence S 89. 48' 30- i 1638.14 feet along, adjoining and adjacent to the north boundary line of said ten acre
tract to an iron rod at fence corner at Northeast corner of aforementioned ten acres;
TNZNCI with fence S 01. 14' W 232.15 feet along, adjoining and adjacent to the east boundary line of said ten acre tract
to an iron rod at the Southeast corner of the ten acre tract;
TNENCI with fence 5 89' 51' So' i 1902.73 feet along, adjoining and adjacent to the north boundary line of 106 acres
conveyed from Corinne H. Darner Set. to Rowdy J. Moore at vol. 1525, Page 604, Wichita County Deed Record., to an rod set
at the Southeast corner of ninety acre, conveyed from Gilbert to Powell at Vol. 1080, Page 490, Wichita County Owed Records.
maid rod being N 89' 51' 50- W 298.0 feet from a fence corner in the last line of Block 37;
T54INCI parallel to and 298 feet West from an old fence on last lino of Block 37, N 00' 51' L 1099.83 feet along, adjoining
and adjacent to the west boundary line of a tract of land conveyed to Billy Johnson at Volume 680, Page 133, Wichita County
Deed Records to an iron rod set in South line of Hwy. 3393 for the Northeast corner of this tract;
THENCE with the South line of Hwy. 3393, S 89' 18' 30' w 500.24 feet to an iron rod and S 89' 29. 30' V 33)8.9 feet along,
adjoining and adjacent to the South boundary line of farm-Market Hwy. 3393 to the PLRCS Or BECINNINC and containing 84.612
acres of land of which 0.593 acres lies in Cottonwood Road, leaving a net of 84.019 acres In this tract.
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