Res 006-2001 2/6/2001 RESOLUTION NO.
RESOLUTION APPROVING A SECOND GENERATION NON-
ANNEXATION AGREEMENT WITH EQUILON PIPELINE COMPANY,
L.L.C., GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A
PERIOD OF SEVEN YEARS BEGINNING JANUARY 1, 2001; 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. 29-93, the City Council of the City of Wichita Falls
designated a certain tract of land located in Wichita County and owned by Texaco
Pipeline Company as an industrial district; and
WHEREAS, the City of Wichita Falls entered into a first generation
non-annexation agreement with Texaco Pipeline Company for a period of seven years
from January 1, 1994; and
WHEREAS, Equilon Pipeline Company has assumed the interest in the property;
and
WHEREAS, the City of Wichita Falls desires to enter into a second generation
non-annexation agreement with Equilon Pipeline Company for a period of seven years
from January 1, 2001.
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 Equilon Pipeline Company, 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, 2001.
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 6th day of February 2001.
MAYOR
ATTEST:
City Clerk
STATE OF TEXAS §
COUNTY OF WICHITA §
NON-ANNEXATION CONTRACT WITH
EQUILON PIPELINE COMPANY, L.L.C.
This contract made and entered into by and between the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called "City", and Equilon Pipeline
Company, L.L.C., hereinafter called "Equilon Pipeline".
WITNESSETH:
WHEREAS, Equilon Pipeline 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, by Resolution No. 29-93, designated Subject
Property as an industrial district and;
WHEREAS, the City Council previously approved a first-generation non-
annexation agreement with Texaco Pipeline Incorporated on Subject Property, which
expired on December 31, 2000; and
WHEREAS, Equilon Pipeline succeeded Texaco Pipeline Incorporated in the
interest of Subject Property.
NOW, THEREFORE, for and in consideration of the mutual covenants
hereinafter contained to be performed by the parties hereto, City and Equilon Pipeline
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 , 2001.
2. City will furnish water service to Equilon Pipeline 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, unless the City's City Council completely
eliminates the standard out-of-city additional charge established by
ordinance, in which event Equilon Pipeline shall thereafter pay the same
rates charged to users within the City limits. 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
Equilon Pipeline 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 Equilon Pipeline shall cease upon execution of this
contract.
3. City will furnish fire protection services to Equilon Pipeline on Subject
Property throughout the term of this contract. Equilon Pipeline shall provide
fire protection standards as required by the City.
4. Equilon Pipeline shall not allow the sale of fireworks on Subject Property.
5. Equilon Pipeline 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 Equilon Pipeline 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 Equilon Pipeline 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 Equilon Pipeline has in
good faith disputed any alleged breach and the parties resolve such dispute
within ninety (90) days.
7. The City shall initiate proceedings to annex Subject Property into the City
limits early enough to be able to complete such proceedings by December
31 , 2007, and Subject Property shall be included on the tax rolls of the city on
January 1, 2008. City shall notify Equilon Pipeline in writing 30 days prior to
initiating such proceedings.
8. This contract shall be effective January 1, 2001 .
9. Nothing in this contract shall limit or in any way restrict Equilon Pipeline's
ability to appeal any appraisal made by the Wichita County Appraisal District.
This contract shall inure to the benefit of Equilon Pipeline's assigns or
successors in interest to Subject Property.
10. This contract repeals and replaces any previous non-annexation agreement
between the parties.
k IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed
by their duly authorized officers on this the 0-4 day of FEBR uA R y
2001.
C OF W CHITA F'
•
Ja i esterzi•�
ity Manager
ATTEST:
l.' a I .k /
City-C ark
APPROVED AS TO FORM:
,404, _ity Attorney
EQUILON PIPELINE COMPANY, L.L.C.
By: s�—,•��
t cam. Q[sz. Q --- , P i
ATTEST:
EXHIBIT A
A tract of land out of Wichita County, being 133.4 acres, more or less, out of the
O'Bannon 1 ,000 acre tract out of the Cherokee County School Land, Abstract No. 33,
described by metes and bounds as follows, to-wit:
BEGINNING at the Southeast corner of Petrolia Gardens, Unit One;
THENCE North 2,596.7 feet to a corner;
THENCE North 89° 57' East 2,624 feet to a corner;
THENCE South 0° 12' West 1,324.7 feet to a corner;
THENCE South 88° 44' West 788.3 feet to a corner;
THENCE South 0° 12' West 1,272 feet to a corner;
THENCE South 88° 44' West 1,835.7 feet to the Place of Beginning.
Grantor reserves all mineral rights in and under said land, together with the right of
ingress and egress.
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