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Res 006-2007 1/16/2007 �, ', RESOLUTION NO. � RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS APPROVING A FIFTH GENERATION NON- ANNEXATION AGREEMENT WITH HOWMET CASTINGS, GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF FIVE YEARS BEGINNING JANUARY 1, 2007; 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 Howmet Castings for a period of five years from January 1, 2002; and WHEREAS, the City of Wichita Falls desires to enter into a fifth generation non- annexation agreement with Howmet Castings, Incorporated for a period of five years from January 1, 2007; 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 Howmet Castings 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 2007. __--� ��.. MAYOR ATTEST: City Clerk STATE OF TEXAS § COUNTY OF WICHITA § NON-ANNEXATION CONTRACT WITH HOWMET CORPORATION This contract, made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City," and Howmet Corporation, hereinafter called "Howmet," WITNESSETH: WHEREAS, Howmet is the owner of a certain tract of land containing 66 acres, more or less, hereinafter called "Subject Property," being a part of the Thomas Curry Survey, A-345, 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. 2230, designate Subject Property as an industrial district, and approved a non-annexation agreement with the Wichita Falls Board of Commerce and Industry, who then owned such property. Subsequently, the Board of Commerce and Industry sold Subject Property to Howmet, and assigned to Howmet the non-annexation agreement, which was dated September 20, 1978; and, � WHEREAS, by Resolution No. 120-88, the City Council approved an extension agreement dated May 31, 1988, which was executed by City and Howmet, and it extended the non-annexation agreement to December 31, 1994; and, WHEREAS, by Resolution No. 184-94, the City Council approved an extension agreement dated November 15, 1994, which was executed by City and Howmet, and it extended the non-annexation agreement to December 31, 2001; and WHEREAS, by Resolution No. 8-2003, the City Council approved an extension agreement, which was executed by City and Howmet, and it extended the non- annexation agreement to December 31, 2006; and WHEREAS, an industrial plant has been constructed on Subject Property, and said plant is owned and operated by Howmet; and, WHEREAS, Howmet has requested a renewal of this non-annexation contract, and the City Council of City has 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 Howmet 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, 2007. 2. City will furnish water service to Howmet on Subject Property at rates equal to 100% of the rates charged users Iocated within the City limits during the term of this contract. 3. City will furnish sanitary sewer service to Howmet on Subject Property at rates equal to 100% of the rates charged to users located within the City limits during the term of this contract. 4. Howmet shall dispose of all the municipal and industrial solid waste (but not hazardous waste) that is being removed from the Subject Property for disposal at a landfill ("the landfill") owned and operated by the City pursuant to the terms of an agreement between the City and Howmet for the disposal of municipal industrial solid waste. Howmet shall use no other landfill for the disposal of its municipal and industrial solid waste during the term of this contract, but Howmet is free to reuse, recycle or reclaim its waste. Howmet 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 Howmet at any time during the term of this contact 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 Howmet for these unusual cost adjustments and shall provide Howmet 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. The water, sewer and sanitation disposals service provided to Howmet by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 6. City will furnish fire protection service to Howmet on Subject Property. 7. Howmet shall not allow the sale of fireworks on Subject Property. 8. Howmet will pay to the City each year during the five (5) 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 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 within 30 days of receipt. In computing the amount payable to the City as payments-in-lieu of taxes, the following methodology will be used: • For years one and two of this contract, ninety percent (90%) 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 as determined by the Wichita County Appraisal District and set forth in the Texas Property Code as amended. • For years three through five of this contract, one hundred percent (100%) 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 as determined by the Wichita County Appraisal District and set forth in the Texas Property Code as amended. 9. This contract does not release nor waive any obligation to the City in connection with any paving, curb and gutter, or other improvement liens which may be assessed against Subject Property. 10. Howmet shall not assign this contract, nor sell nor lease Subject Property or any part thereof, without the written consent of City; except, 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 and which are supplementary to the industrial plant located thereon. Such written consent shall not be unreasonably withheld so long as such assignment is consistent with the purposes of City's industrial non-annexation policy. One of the reasons City originally entered into a non-annexation agreement regarding Subject Property was to encourage Howmet and its predecessor to construct this industrial plant at this location; should Howmet sell or lease any of the unimproved portions of Subject Property for some use not related to this industrial plant, and which is inconsistent with the purpose of City's industrial non- annexation policy, City may terminate this contract insofar as it relates to those portions of Subject Property devoted to such incompatible use. This contract shall be binding upon and inure to the benefit of the successors and assigns (as permitted) of each party hereto. 11.In the event Howmet 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. 12. City shall initiate proceedings to annex Subject Property within the City limits early enough to be able to complete such proceedings by December 31, 2011, and Subject Property shall be included on the tax rolls of City on January 1, 2012. 13.This contract shall be effective as of January 1, 2007. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by the duly authorized officers on this the day of , 2007. City of Wichita Falls, Texas By: Darron Leiker, City Manager ATTEST: City Clerk Approved as to Form: City Attorney Howmet Corporation By: President Attest: , .. , EXHIBIT A A tract of land out of the Thomas Curry Survey, A-345, Wichita County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at the point of intersection of the West right-of-way line of a 50 foot wide County Road and the centerline of Bacon Switch Road, said point bears West 360.00 feet from the Northwest corner of Section 39, H. & H. G. R. R. Co. Survey, A- 161, and an ell corner of said Thomas Curry Survey, for the Northeast corner and place of beginning of this description; THENCE West 2,100.00 feet along said centerline of Bacon Switch Road to a point for the Northwest corner of this tract; THENCE South 1,264.01 feet to a point for the Southwest corner of this tract; THENCE East 2,448.96 feet to a point in said West right-of-way line of County Road for the Southeast corner of this tract; THENCE North 15° 26' West 1,311.29 feet along said West right-of-way line of a 50' County Road to the Place of Beginning and containing 66.00 acres, more or less. This tract of land is also described as Bacon Switch Addition, Block 2, according to the plat of said subdivision recorded in the Plat Records of Wichita County, Texas.