Loading...
Res 128-2002 12/17/2002RESOLUTION NO. I O.1_ RESOLUTION APPROVING A FIFTH GENERATION NON - ANNEXATION AGREEMENT WITH PPG INDUSTRIES, INCORPORATED, GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN YEARS BEGINNING JANUARY 1, 2003; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls entered into a fourth generation non - annexation agreement with PPG Industries, Incorporated for a period of five years from January 1, 1998; and WHEREAS, the City of Wichita Falls desires to enter into a fifth generation non - annexation agreement with PPG Industries, Incorporated for a period of seven years from January 1, 2003; 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 fifth generation non - annexation agreement with PPG Industries, Incorporated 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 17th day of December 2002. ATTEST: n UU4_ City Clerk 11 FTAWA Lei . STATE OF TEXAS § COUNTY OF WICHITA § NON - ANNEXATION CONTRACT WITH PPG INDUSTRIES, INC. This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City ", and PPG Industries, Inc., hereinafter called "PPG ". WITNESSETH: WHEREAS, PPG 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 includes land located within the City's extraterritorial jurisdiction. NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained to be performed by the parties hereto, City and PPG 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, 2003. 2. City will furnish water and sewer service to PPG for that portion of the Subject Property described in Exhibit A at rates equal to 100% 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. 3. City will furnish fire protection services to PPG on Subject Property throughout the term of this contract. 4. PPG shall not allow the sale of fireworks on Subject Property. 5. PPG 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 a certain percentage, as specified below, of the amount that its normal City taxes would have been for that year had it been within 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 and be due and payable upon receipt. In computing the amount payable to the City each year during this contract, the sum of the two following amounts shall be applied: a) Ninety percent (90 %) of the then - current property tax rate as established by the City Council shall be applied to the appraised value of land, buildings and improvements, machinery, equipment, inventory, and other personal property for the incremental amount of the total appraised value up to but not exceeding $68,000,000. 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 land, buildings and improvements, machinery, equipment, inventory, and other personal property for the incremental amount of the total appraised value that exceeds $68,000,000. 6. PPG shall dispose of all the municipal and industrial solid waste (but not hazardous waste or industrial Class I solid waste) that is being removed from the Subject Property for disposal at a landfill ( "the landfill ") owned and operated by the City. PPG shall use no other landfill for the disposal of its municipal and industrial solid waste during the term of this contract, but PPG is free to reuse, recycle or reclaim its waste. PPG shall pay the City a disposal rate of Twenty Five ($25.00) Dollars per ton for all waste deposited in the City landfill. The City shall have the right to request from PPG at any time during the term of this contract an adjustment in the disposal rate, and the rate may be adjusted in the event of a material change in the operating costs of the City due to or as a direct result of revised federal or state laws, ad valorem taxes, governmental fees and regulations or unforeseen increases in fuel costs. The City shall have the right to petition PPG for these unusual cost adjustments and shall provide PPG with documents and records in any reasonable form and sufficient detail to reasonably establish the necessity of any requested rate adjustment at the time of the request. 7. In the event that PPG 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 PPG has in good faith disputed any alleged breach. 8. 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, 2009, and Subject Property shall be included on the tax rolls of the city on January, 1 2010. City shall notify PPG in writing 30 days prior to initiating such proceedings. 9. This contract shall be effective January 1, 2003. 10. Nothing in this contract shall limit or in any way restrict PPG's ability to appeal any appraisal made by the Wichita County Appraisal District. This contract shall inure to the benefit of PPG'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 day of , 2002. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ATTEST: CITY OF WICHITA FALLS James Berzina, City Manager PPG INDUSTRIES, INC. EXHIBIT A Bacon Switch Addition, Block 1, a subdivision containing 490.46 acres, more or less, out of the Thomas Curry Survey, Abstract 345, in Wichita County, Texas, according to the plat of said subdivision recorded in Volume 21, Page 49 of the Plat Records of Wichita County, Texas.