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Res 032-2000 3/7/2000RESOLUTION NO. - A LC�) RESOLUTION APPROVING A SECOND GENERATION NON - ANNEXATION AGREEMENT WITH PRATT & WHITNEY SERVICES, INCORPORATED 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. 2927, the City Council of the City of Wichita Falls designated a certain tract of land known as Lot 1, Block 27, Kemp & Newby Subdivision as an industrial district; and WHEREAS, the City of Wichita Falls entered into a first generation non - annexation agreement with Pratt & Whitney Services, Incorporated (formerly Howmet Refurbishment Corporation) 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 Pratt & Whitney Services, Incorporated 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 Pratt & Whitney Services, Incorporated, a copy of which is attached hereto, whereby the City guarantees the extraterritorial status of said Lot 1, Block 27, Kemp & Newby Subdivision 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. MAYOR/1 ATTEST: City Clerk STATE OF TEXAS COUNTY OF WICHITA NON - ANNEXATION CONTRACT WITH PRATT & WHITNEY SERVICES, INC. This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City ", and Pratt & Whitney Services, Inc., hereinafter called "Pratt & Whitney Services ". WITNESSETH: WHEREAS, Pratt & Whitney Services is the owner of a certain tract of land containing twenty (20) acres, more or less, (hereinafter called "Subject Property ") being a part of the Kemp and Newby Subdivision, Wichita County, Texas, said land being more fully described by the metes and bounds in Exhibit A, which is attached hereto and incorporated herein, and which land is located within the City's extraterritorial jurisdiction. WHEREAS, the Subject Property is located within the Expressway East Industrial District previously designated by the City Council as an industrial district by Resolution No. 2927; NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained to be performed by the parties hereto, City and Pratt & Whitney Services 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 and sanitary sewer service to Pratt & Whitney Services 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 Pratt & Whitney Services 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 Pratt & Whitney Services shall cease upon execution of this contract. 3. City will furnish sanitation services to Pratt & Whitney Services 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. However, Pratt & Whitney Services reserves the right to use a private sanitation service so long as applicable City requirements, if any, are satisfied. These services shall be subject to the ordinances of the City presently existing and as may be hereinafter amended. 4. City will furnish fire protection services to Pratt & Whitney Services on Subject Property throughout the term of this contract. Pratt & Whitney Services shall provide fire protection standards as required by the City. 5. Pratt & Whitney Services shall not allow the sale of fireworks on Subject Property. 6. Pratt & Whitney Services 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 Pratt & Whitney Services 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. 7. In the event that Pratt & Whitney Services 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 Pratt & Whitney Services has in good faith disputed any alleged breach and the parties resolve such dispute within ninety (90) days. 8. 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 Pratt & Whitney Services in writing 30 days prior to initiating such proceedings. 9. This contract shall be effective January 1, 2000. 10. Nothing in this contract shall limit or in any way restrict Pratt & Whitney Service's ability to appeal any appraisal made by the Wichita County Appraisal District. This contract shall inure to the benefit of Pratt & Whitney Service's assigns or successors in interest to Subject Property. 11. 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 duly authorized officers on this the day of , 2000. CITY OF WICHITA FALLS By: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: James Berzina City Manager PRATT & WHITNEY SERVICES, INC.