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Res 003-2001 1/16/2001RESOLUTION NO. RESOLUTION DESIGNATING AN APPROXIMATE 23 ACRE TRACT OF LAND OUT OF BLOCK 26, KEMP & NEWBY SUBDIVISION, CHEROKEE COUNTY SCHOOL LAND, A -33, WICHITA COUNTY, TEXAS AS AN INDUSTRIAL DISTRICT AND APPROVING A FOURTH GENERATION NON - ANNEXATION AGREEMENT WITH STANLEY MECHANICS TOOLS, GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF FIVE 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. 2481, the City Council of the City of Wichita Falls designated a certain tract of land containing approximately 50 acres as an industrial district; and WHEREAS, the City of Wichita Falls entered into a third generation non - annexation agreement with Stanley Mechanics Tools, which is located on this tract of land, for a period of seven years from January 1, 1994; and WHEREAS, the City of Wichita Falls desires to enter into a fourth generation non - annexation agreement with Stanley Mechanics Tools for a period of five years from January 1, 2001; and WHEREAS, Stanley owns an additional 23 acre tract of land adjacent to the original 50 acre tract of land that they wish to incorporate into the non - annexation agreement; and WHEREAS, the City of Wichita Falls must designate such land as an industrial district in order to include it as part of such agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. That a certain tract of land located in Wichita County, Texas, said land being more fully described in Exhibits A and B of the non - annexation contract, a copy of which is attached hereto and incorporated herein, 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 42.044 of the Texas Local Government Code. SECTION 2. That certain contract, a copy of which is attached hereto, between the City of Wichita Falls and Stanley Mechanics Tools, whereby the City guarantees the continuation of the extraterritorial status of the said tract of land more fully described in Exhibits A and B, attached, and its immunity from annexation by the City for a period of five (5) years from January 1, 2001, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. SECTION 3. 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 ATTEST: City Clerk 16th day of January 2001. j" 4�� MAYOR STATE OF TEXAS § COUNTY OF WICHITA § FOURTH GENERATION NON-ANNEXATION CONTRACT WITH THE STANLEY MECHANIC TOOLS This contract, made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City," and Stanley Mechanic Tools, hereinafter called "Stanley," WITNESSETH: WHEREAS, Stanley is the owner of a certain tract of land containing 73 acres, more or less, hereinafter called "Subject Property," being a part of Block 26, Kemp & Newby Subdivision, Cherokee County School Land, A-33, Wichita County, Texas, more fully described by metes and bounds in Exhibits A and B, which are attached hereto and incorporated herein, and which land is located within City's extraterritorial jurisdiction; and, WHEREAS, the City Council of City did, by Resolution No. 2481, and Resolution No.3-af)3\ designate Subject Property as an industrial district; and WHEREAS, the City Council of City did, by Resolution No. 2481, approve a non- annexation agreement with Ingersoll-Rand Company, the then-owner of property described in Exhibit A, which agreement terminated December 31, 1986; and, WHEREAS, Ingersoll-Rand Company constructed an industrial plant on property described in Exhibit A, and later sold that property and the industrial plant located 7 thereon to Stanley; the non-annexation contract was amended on May 15, 1984, to substitute Stanley for Ingersoll-Rand Company in such contract; and, WHEREAS, such contract, as authorized by Resolution No. 190-86, was renewed until January 1, 1994; and, WHEREAS, such contract, as authorized by Resolution No. 184-93, was renewed until January 1 , 2001; and, WHEREAS, Stanley has requested a renewal of the current non-annexation contract to include property described in Exhibit A and B; and WHEREAS, the City Council of City has, by Resolution No. - A, authorized and approved this contract, which it deems to be in the best interest of City. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained to be performed by the parties hereto, City and Stanley do hereby agree as follows: 1. City guarantees the continuation of the extraterritorial status of Subject Property, and its immunity from annexation by City, for a period of five (5) years, from January 1, 2001. 2. City will furnish water, sanitary sewer, and solid waste disposal services to Stanley on Subject Property at rates equal to 115% of the rates charged users located within the City limits from January 1 , 2001 through December 31 , 2002, at rates equal to 110% of the rates charged to users located within the City limits from January 1 , 2003 through December 31 , 2003, and at rates equal to 100% of the rates charged to users located 3 within the City limits from January 1, 2004 through December 31, 2005. These rates will apply unless City's City Council completely eliminates the standard out-of-city additional charge established by ordinance, in which event Stanley shall thereafter pay the same rates charged to users within the City limits. 3. The water service, sanitary sewer service and solid waste collection service provided to Stanley by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 4. City will furnish fire protection service to Stanley on Subject Property. 5. Stanley shall not allow the sale of fireworks on Subject Property. 6. Stanley will pay to City each year during the five (5) years of this contract, as payment in lieu of taxes, an amount in cash, or cash equivalents acceptable to City, equal to a certain percentage, as specified below, of the amount that its normal City taxes would have been that year had they been in the City limits. 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. Each annual payment shall be billed by the City between October and December of each year and shall be due and payable upon receipt. In computing the amount payable to the City for years one and two of this contract, the sum of the two following amounts shall be applied: 1 4 (a) Seventy percent (70%) of the then current property tax rate as established by the City Council shall be applied to the appraised value of the land, buildings, and other improvements, machinery, equipment, inventory, and other personal property for the incremental amount of the total appraised value up to but not exceeding $19,500,000. (b) Twenty-five percent (25%) of the then current property tax rate as established by the City Council shall be applied to the appraised value of the land, buildings, and other improvements, machinery, equipment, inventory, and other personal property for the incremental amount of the total appraised value that exceeds $19,500,000. In computing the amount payable to the City for year three of this contract, the sum of the two following amounts shall be applied: (a) Seventy-five percent (75%) of the then current property tax rate as established by the City Council shall be applied to the appraised value of the land, buildings, and other improvements, machinery, equipment, inventory, and other personal property for the incremental amount of the total appraised value up to but not exceeding $19,500,000. (b) Twenty-five percent (25%) of the then current property tax rate as established by the City Council shall be applied to the 5 appraised value of the land, buildings, and other improvements, machinery, equipment, inventory, and other personal property for the incremental amount of the total appraised value that exceeds $19,500,000. In computing the amount payable to the City for years four and five of this contract, the sum of the two following amounts shall be applied: (a) Eighty percent (80%) of the then current property tax rate as established by the City Council shall be applied to the appraised value of the land, buildings, and other improvements, machinery, equipment, inventory, and other personal property for the incremental amount of the total appraised value up to but not exceeding $19,500,000. (b) Twenty-five percent (25%) of the then current property tax rate as established by the City Council shall be applied to the appraised value of the land, buildings, and other improvements, machinery, equipment, inventory, and other personal property for the incremental amount of the total appraised value that exceeds $19,500,000. 7. Prior to any assignment of this contract, or any sale or lease of Subject Property or any part thereof, STANLEY shall secure the written consent of City in connection with the retention by any assignee of the provisions of this contract. No consent shall be required for any mortgage or collateral 6 assignment in connection with financing the purchase or construction of improvements located on Subject Property. Prior to any construction of substantial improvements on Subject Property for use other than purposes relating to existing use, STANLEY shall secure the prior written consent of City in order to retain the status for such improvements contained in this Agreement. Upon the failure to obtain prior written consent as required in this paragraph, City may at its option, terminate the provisions of this Agreement as the same affect Subject Property. Such prior written consent shall not be unreasonably withheld so long as any such assignment, sale, lease or construction is consistent with the purposes of non-annexation policies of City. This contract shall be binding upon and inure to the benefit of the successors and assigns (as permitted) of each party hereto. In the event STANLEY should breach any of the provisions of this contract, and fail to remedy such breach within thirty (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. 8. City shall initiate proceedings to annex Subject Property within the City limits early enough to be able to complete such proceedings by December 31 , 2005, and Subject Property shall be included on the tax rolls of City on January 1 , 2006. 9. This contract shall be effective as of January 1 2001 . 7 • IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the 16414 day of j4N6tgRy , 2001. CITY OFF-NICHITA FALLS B / J�rnes Berzirta, City M Eger ATTEST: Nl City erk ,) ,u)k_4) APPROVED AS TO F M: City Att6rry STANLEY MECHANIC TOOLS By: C,,, _ L ATTEST: 0,11. Se&fary / • 8 EXHIBIT A A tract of land out of Block 26, Kemp & Newby Subdivision, Cherokee County School Land, A-33, Wichita County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at the Northwest corner of said Block 26, for the Northwest corner and place of beginning of this description; THENCE South 88°58'34" East 1747.35 feet along the North line of said Block 26 to a point in the South right-of-way line of Production Boulevard (a 50 foot wide dedicated Street) and the North line of said Block 26 for the Northeast corner of this tract; THENCE South 01°16'11" West 1257.78 feet to a point in the South line of Block 26 for the Southeast corner of this tract; THENCE North 88°57'19" West 1741.95 feet along said South line of Block 26 to a point for the Southwest corner of Block 26 and the Southwest corner of this tract; THENCE North 01°01'26" East 1257.14 feet along the West line of said Block 26 to the place of beginning and containing 50.36 acres, more or less. • 9 EXHIBIT B A tract of land out of Block 26, Kemp & Newby Subdivision of the Cherokee County School Land, A-33, Wichita County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at a point in the North line of said Block 26 and the South right-of- way line of Production Boulevard (A 50 foot wide dedicated Street), said point bears South 88°58'34" East 2547.35 feet from the Northwest corner of said Block 26 for the Northeast corner and place of beginning of this description; THENCE South 01°01'26" West 1258.07 feet to a B.C.I. monument in the South line of said Block 26 for the Southeast corner of this tract; THENCE North 88°57'19" West 805.40 feet along said South line of Block 26 to a point for the Southwest corner of this tract; THENCE North 01°16'11" East 1257.78 feet to a point in the South right-of-way line of Production Boulevard (A 50 foot wide dedicated Street) and the North line of said Block 26 for the Northwest corner of this tract; THENCE South 88°58'34" East 800.00 feet to the place of beginning and containing 23.18 acres, more or less.