Loading...
Res 002-2001 1/16/2001RESOLUTION NO. RESOLUTION APPROVING A FOURTH GENERATION NON - ANNEXATION AGREEMENT WITH DELPHI AUTOMOTIVE SYSTEMS, L.L.C., 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. 2003, the City Council of the City of Wichita Falls designated a certain tract of land containing approximately 100 acres as an industrial district; and WHEREAS, the City of Wichita Falls entered into a third generation non - annexation agreement with Delphi Automotive Systems, L.L.C. (formerly General Motors), which industry 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 Delphi Automotive Systems, L.L.C., for a period of five 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 fourth generation non - annexation agreement with Delphi Automotive Systems, L.L.C., a copy of which is attached hereto. 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 16th day of January 2001. AT T: d 11AAW)hOvy City Clerk MAYOR RECEIVED IN tap CITY CLERK'S OFFICE STATE OF TEXAS § COUNTY OF WICHITA § Date -O�"� By fl Time g.',56 FOURTH GENERATION NON-ANNEXATION CONTRACT WITH DELPHI AUTOMOTIVE SYSTEMS, 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 Delphi Automotive Systems, L.L.C., hereinafter called "DELPHI," WITNESSETH : WHEREAS, DELPHI is the owner of a certain tract of land containing 100 acres, more or less, hereinafter called "Subject Property," out of the S. T. Bell Survey, A-634 and the H. G. Horn Survey, A-100, Wichita County, Texas, more fully described by metes and bounds in Exhibit A, which is 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. 2003, designate Subject Property as an industrial district, and by Resolution No. 130-94 approved a third generation non-annexation agreement with General Motors Corporation concerning such property; City and General Motors Corporation executed such contract dated August 16, 1994, which granted immunity from annexation by City of Subject Property for a period of seven years from January 1 , 1994; and, WHEREAS, on March 2, 1999, the City Council of City did by Resolution No. 19-99, approve the assignment of such non-annexation agreement to DELPHI, and WHEREAS, DELPHI has requested a renewal of this non-annexation contract, and the City Council of City has, by Resolution No. 2 -1,06L , authorized and approved this contract, which it deemed to be in the best interest of City. 2 NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained to be performed by the parties hereto, City and DELPHI 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, sewer and sanitation disposal services to DELPHI on Subject Property at rates equal to 100% of the rates charged users located within the City limits throughout the term of this contract. These services shall be subject to the Ordinances of City existing and as may be hereinafter amended. 3. City will furnish fire protection service to DELPHI on Subject Property. 4. DELPHI shall not allow the sale of fireworks on Subject Property. 5. DELPHI 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 through three of this contract, the sum of the two following amounts shall be applied: 3 • (a) Sixty percent (60%) 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 $44,000,000. (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 $44,000,000. In computing the amount payable to the City for year four of this contract, the sum of the two following amounts shall be applied: (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 $44,000,000. (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 ti , • 4 for the incremental amount of the total appraised value that exceeds $44,000,000. In computing the amount payable to the City for year 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 $44,000,000. (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 $44,000,000. 6. Prior to any assignment of this contract, or any sale or lease of Subject Property or any part thereof, DELPHI 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 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, DELPHI shall secure the prior written consent of City in order to retain the status for such improvements 1 - w 5 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 non-annexation of City.purposes ofpolicies This contract shall be binding upon and inure to the benefit of the successors and assigns (as permitted) of each party hereto. 7. In the event DELPHI 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. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the Ibtk day of �A0rwgFv , 2001. CITY ICHITA FALLS By: J es Bena, Cit��N'yl nager • 6 • ATTEST: &l fl ,'1 City Jerk APPROVED AS TO FORM: • At ey DELPHI AUTOMOTIVE SYSTEMS, L.L.C. By: 7,7. F. Luethge,Director ATTEST: Secretary BARBARA LR ACTING IN OAKL,J Cth' ' EXHIBIT A A tract of land out of the S. T. Bell Survey, A -634, and the H. G. Horn Survey, A -100, Wichita County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at the occupied Southwest corner of said S. T. Bell Survey, A -634, said point also being the occupied Northwest corner of the Thomas Curry Survey, A -345, and the Northwest corner of Bacon Switch Addition, Block 1, an addition to Wichita County, Texas, said point being the Southwest corner and place of beginning of the herein described tract; THENCE North 00° 02' West along the occupied West line of said S. T. Bell Survey, A- 634, at 388.90 feet pass the Northwest corner of said Bell Survey, in all a distance of 1,690.24 feet to a point for the Northwest corner of this tract; THENCE South 89° 59' East 2,344.97 feet to a point in the West right -of -way line of the M -K -T R.R. for the Northeast corner of this tract; THENCE South 15° 24' East 1,753.26 feet along said East right -of -way line of M -K -T R.R. to its point of intersection with the South line of said S. T. Bell Survey for the Southeast corner of this tract; THENCE North 890 59' West 2,809.33 feet along said South line of the S. T. Bell Survey to the place of beginning and containing 100.00 acres, or 4,356,000 square feet, more or less.