Res 068-2008 5/20/2008 • s
RESOLUTION NO. �$
RESOLUTION APPROVING A THIRD GENERATION NON-
ANNEXATION AGREEMENT WITH P&WC COMPONENT REPAIRS
(WICHITA FALLS) GUARANTEEING ITS IMMUNITY FROM
ANNEXATION FOR A PERIOD OF SEVEN YEARS BEGINNING
JANUARY 1, 2008; 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 second generation
non-annexation agreement with P&WC Component Repairs (Wichita Falls) (formerly
Pratt & Whitney Services) for a period of seven years from January 1, 2000; and
WHEREAS, the City of Wichita Falls desires to enter into a third generation non-
annexation agreement with P&WC Component Repairs (Wichita Falls) for a period of
seven years from January 1, 2008.
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 third
generation non-annexation agreement with P&WC Component Repairs (Wichita Falls),
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, 2008.
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 20th day of May 2008.
MAYOR
ATTEST: �
C t Clerk
set R{s.
• 1
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STATE OF TEXAS
COUNTY OF WICHITA
NON-ANNEXATION CONTRACT WITH P&WC COMPONENT REPAIRS
(WICHITA FALLS)
This contract made and entered into by and between the City of Wichita Falls,
Texas, a municipal corporation, hereinafter called "City", and P&WC Component
Repairs (Wichita Falls), hereinafter called "P&WC Component Repairs (Wichita Falls)".
WITNESSETH:
WHEREAS, P&WC Component Repairs (Wichita Falls) 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 P&WC
Component Repairs (Wichita Falls) do hereby agree as follows:
Received
6t/ NOV 1 0 2008 PAGE 1 OF 7 PAGES
tom'
4n ResO'
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 , 2008.
2. City will furnish water and sanitary sewer service to P&WC Component
Repairs (Wichita Falls) on Subject Property at rates equal to 125% of the
rates charged to users located within the City limits throughout the term of
this contract. P&WC Component Repairs (Wichita Falls) may utilize City's
refuse service at the rate listed above if such service meets P&WC
Component Repairs (Wichita Falls) collection and disposal needs in order to
ensure safe and efficient refuse disposal operations. 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 byP&WC Component Repairs (Wichita Falls) to anyother tract of land
p p
or premise in violation of Section 32-25 of the Wichita Falls Code of
Ordinances. Any such existing sale or supply of water by P&WC Component
Repairs (Wichita Falls) shall cease upon execution of this contract.
3. P&WC Component Repairs (Wichita Falls) may 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. P&WC Component
Repairs (Wichita Falls) is free to reuse, recycle or reclaim its waste.
4. P&WC Component Repairs (Wichita Falls) shall pay the City a disposal rate
of Twenty Five ($25.00) Dollars per ton for all waste deposited in the City
PAGE 2 OF 7 PAGES
landfill. The City shall have the right to request from P&WC Component
Repairs (Wichita Falls) 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, advalorem taxes, governmental fees and
regulations or unforeseen increases in fuel costs. The City shall have the
right to petition P&WC Component Repairs (Wichita Falls) for these unusual
cost adjustments and shall provide P&WC Component Repairs (Wichita
Falls) 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.
5 City will furnish fire protection services to P&WC Component Repairs
(Wichita Falls) on Subject Property throughout the term of this contract.
P&WC Component Repairs (Wichita Falls) shall provide fire protection
standards as required by the City.
6. P&WC Component Repairs (Wichita Falls) shall not allow the sale of
fireworks on Subject Property.
7. P&WC Component Repairs (Wichita Falls) 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,
PAGE 3 OF 7 PAGES
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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 made within thirty
(30) days after the receipt by P&WC Component Repairs (Wichita Falls) of
the bills therefore. In computing the amount payable to the City each year
during this contract, the sum of the two of the following amounts shall be
applied:
(a) Sixty-Five percent (65%) of the then 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 $10,000,000.
(b) Forty percent (40%) 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 $10,000,000.
8. In the event that P&WC Component Repairs (Wichita Falls) 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
PAGE 4 OF 7 PAGES
if P&WC Component Repairs (Wichita Falls) has in good faith disputed any
alleged breach and the parties resolve such dispute within ninety (90) days.
9. 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 , 2014, and Subject Property shall be included on the tax rolls of
the city on January, 1 2015. City shall notify P&WC Component Repairs
(Wichita Falls) in writing 30 days prior to initiating such proceedings.
10. This contract shall be effective January 1 , 2008.
11 . Nothing in this contract shall limit or in any way restrict P&WC Component
Repairs (Wichita Falls) ability to appeal any appraisal made by the Wichita
County Appraisal District. This contract shall inure to the benefit of P&WC
Component Repairs (Wichita Falls) assigns or successors in interest to
Subject Property.
12. 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 a.g�4- day of 7CTc/3 eft ,
2008.
CITY OF WICHITA FALLS.
By: )4V-\
Dairerr1 eiker
City Manager
/01-li SE T .: ' Laiiii t
u City Clerk
i
PAGE 5 OF 7 PAGES
APPROVED AS TO FORM:
City Attorney
P&WC COMPONENT REPAIRS
(WICHITA FALLS)
ATTEST:
PAGE 6 OF 7 PAGES
EXHIBIT A
INSERT LEGAL PROPERTY DESCRIPTION
PAGE 7 OF 7 PAGES
EXHIBIT A
Real Property Description
A tract of land out of and being a part of Block 27 , of Kemp and
Newby Subdivision, of Cherokee County School Lands , A-33 , Wichita
County, Texas , as per plat described by metes and bounds as
follows :
Beginning at a point in the occupied North line of said Block 27 ,
and the South line of Block 26 , Kemp and Newby Subdivision, South
88 deg. 57 ' 19 " East 28 .5 feet from the occupied Northwest corner
of said Block 27 , said point also being in the East right-of-way
line of Hammon Road and also being in the South line of Tract 1,
Unit 3, Expressway East Industrial District as per plat thereof
recorded in Volume 23, Page 265 of the Wichita County Plat Records .
THENCE South 88 deg. 57 ' 19 " East, along the North line of said
Block 27 and the South line of aforementioned Tract 1, Unit 3,
Expressway East Industrial District, a distance of 1452 . 0 feet to
a point for the Northeast corner of this tract;
THENCE South 01 deg. 02 ' 05 " West,' 600 . 0 feet to a point for the
Southeast corner of this tract;
THENCE North 88 deg. 57 ' 19 " West, 1452. 0 feet to a point for the
occupied East right-of-way line of Hammon Road for the Southwest
corner of this tract;
THENCE North 01 deg. 02 ' 05 " East, 600 . 0 feet to the place of
beginning, known as Lot One ( 1) , Block Twenty-seven (27) , Kemp &
Newby Subdivision, in Volume 24 , Page 377, Wichita County, Texas .
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