Res 062-97 4/1/1997RESOLUTION NO. Jal-:0- 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS; DESIGNATING A CERTAIN TRACT
OF LAND LOCATED IN WICHITA COUNTY AS AN
INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT
WITH FLEETWOOD HOMES OF TEXAS, INC.,
GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A
PERIOD OF SEVEN (7) YEARS; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS:
SECTION 1. That a certain tract of land located in Wichita County,
Texas, said land being more fully described in Exhibit A, 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 Fleetwood Homes of Texas, Inc., whereby the
City guarantees the continuation of the extraterritorial status of the said tract of
land more fully described in Exhibit A, attached, and its immunity from annexation
by the City for a period of seven (7) years from January 1, 1998, is hereby approved,
and the City Manager is authorized to execute the same for the City of Wichita
Falls.
SECTION 3. It is hereby 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 1 day of T, 1997.
,
MI A /V R
ATTEST:
a .
ity Clerk
ti
STATE OF TEXAS §
COUNTY OF WICHITA §
This contract, made and entered into by and between the City of Wichita
Falls, Texas, a municipal corporation, hereinafter called "City," and Fleetwood
Homes of Texas, Inc., hereinafter called "Fleetwood,"
WITNESSETH:
WHEREAS, Fleetwood is the owner of a certain tract of land, hereafter
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 land is located within City's extraterritorial jurisdiction; and,
WHEREAS, the City Council of the City has, by Resolution No. 62 -97,
designated Subject Property as an industrial district, and has authorized and
approved this contract which such City Council deems to be in the best interest of
the City.
NOW, THEREFORE, for and in consideration of the mutual covenants
hereinafter contained to be performed by the parties hereto, City and Fleetwood 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 from date
hereof until December 31, 2004.
2. City will furnish water service to Fleetwood on Subject Property at
rates equal to one hundred fifty (150 %) percent of the rates charged to users located
within the city limits throughout the term of this contract, unless the City's City
Council completely eliminates the standard out -of -city additional charge established
by ordinance, in which event Fleetwood shall thereafter pay the same rates charged
to users within the city limits.
3. The water service provided to Fleetwood by City shall be subject to the
ordinances of City as presently existing and as may be hereinafter amended and
shall include the prohibition of sale or supply of water by Fleetwood to any other
tract of land or premise in violation of Section 32 -25 of the Wichita Falls Code of
Ordinances. Any such existing sale or supply of water by Fleetwood shall cease
upon execution of this contract.
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4. City will furnish sanitary sewer service to Fleetwood for disposal of
Domestic Water on Subject Property at rates equal to one hundred fifty (150%)
percent of the rates charged to users located within the City limits throughout the
term of this contract, unless City's City Council completely eliminates the standard
out-of-city additional charge established by ordinance, in which event Fleetwood
will thereafter pay the same rates charged to users within the City limits.
5. City will furnish solid waste disposal service to Fleetwood at rates
equal to one hundred twenty-five (125%) percent of the rates charged to commercial
and business establishments within the City limits throughout the term of this
contract, unless City's City Council completely eliminates the standard out-of-city
additional charge established by ordinance, in which event Fleetwood shall
thereafter pay the same rates charged to users within the City limits. Fleetwood
may use this service at its option.
6. The water service, sanitary sewer service and solid waste disposal
service provided to Fleetwood by City shall be subject to the ordinances of City as
presently existing and as may be hereinafter amended.
7. City will furnish fire protection service to Fleetwood on Subject
Property. Fleetwood shall provide fire protection standards as required by City.
Fleetwood shall not allow the sale of fireworks on Subject Property.
8. 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.
9. Fleetwood shall submit a landscaping plan acceptable to the City that
shall consist of components not less than those required of similar developments
within the City.
10. It is agreed that in the event Subject Property is sold, either by deed or
by sale of controlling interest in Fleetwood, the obligations contained in this
contract shall be assumed by the successor owner.
11. Fleetwood shall pay to City a payment in lieu of taxes in cash in an
amount equal to the amount equal to twenty-five (25%) percent of the amount that
its normal City taxes would have been for each year of this contract beginning
January 1, 1998, had they been in the City limits. The appraised value of the land,
buildings and other personal property shall be determined in a manner as set forth
in the Texas Property Tax Code, as amended. Further, such payment in lieu of
taxes shall be paid within thirty (30) days after the receipt by Fleetwood of the bills
therefor.
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12. In the event Fleetwood should breach any of the provisions of this
contract, and it falls to remedy such breach within thirty (30) days after having
been notified by City to do so, then City shall have the right to terminate this
contract, and at its discretion to either -proceed to annex Subject Property or
terminate the sale and supply of water.
13. City may, at its discretion, initiate proceedings to annex Subject
Property into the City limits early enough to be able to complete such proceedings
by December 31, 2004.
14. This contract shall be effective as of January 1, 1998.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed b y their duly authorized officers on this the t day of
1997. U
Attest:
A UL)
City de k
Attest:
Assistant Secretary
LI-A
By:
Fleetwood Homes of Texas, Inc.
EXHIBIT
A tract of land in Wichita County, Texas, being out of the M. Carbajal Survey, A-44,
and the William Anglin Survey, A-2, including parts of Blocks 23, 24, and 25 of the
F.M. McKinley and I.P. Simmons Subdivision, an addition to Wichita County,
Texas, as recorded in Volume 3, Page 55, Wichita County Plat Records, said tract
being more specifically described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod lying in the Northwest right-of-way line of
Farm-to-Market Road No. 890 ("F.M. 890"), said iron rod being an angle point
where the F.M. 890 right-of-way narrows from its intersection with State Highway
No. 240 ("S.H. 240");
THENCE along the Northwest right-of-way line of F.M. 890 as follows:
North 73' 51' 36" East 1,261.36 feet to a 5/8 inch iron rod for a point of
curvature;
In a Northeasterly direction along a 5.276 degree of curve to the left
having a radius of 1,086.00 feet and a central angle of 35' 12' 38", a
curve distance of 667.39 feet to a 1/2 inch iron rod for a point of
tangency;
North 38' 41' 09" East 584.44 feet to a 5/8 inch iron rod lying in the
occupied North line of the Carbajal Survey;
North 38' 39' 37" East 802.85 feet to a 5/8 inch iron rod for a point of
curvature; and,
In a Northeasterly direction along a 4.751 degree curve to the right
having a radius of 1,206.00 feet and a central angle of 29' 19' 47", a
curve distance of 617.35 feet to a '-/2 inch iron rod;
THENCE leaving the Northwest right-of-way line of F.M. 890, North 19* 35' 50"
West 27.46 feet to a fence corner post lying in the South right-of-way line of
McKinley Road, a dedicated road;
THENCE along the South right-of-way line of McKinley Road, South 89' 36' 46"
West 1,252.91 feet to a Y2 inch iron rod being the Northeast corner of Lot 1 of a
replat of part of Block 23, F.M. McKinley and I.P. Simmons Subdivision, an
addition to Wichita County, Texas, as recorded in Volume 22, Page 250, Wichita
County Plat Records;
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THENCE along the East line of Lots 1 and 2 of said replat of Block 2, South 00' 38'
37" East 1,011.13 feet to a 518 inch iron rod lying in the occupied North line of the
Carbajal Survey for the Southeast corner of said Lot 2 of a replat of part of Block
23, and being an internal corner of this description;
THENCE generally along the occupied North line of the Carbajal Survey, South 89'
51'04" West 1,184.38 feet to a % inch iron rod;
THENCE South 89' 36' 46" West 293.29 feet to an angle point in a barb wire fence;
THENCE South 89' 48'23" West 266.09 feet to a fence corner post;
THENCE South 860 17' 50" West 233.22 feet to a fence corner post;
THENCE South 64' 54' 39" West 78.61 feet to a fence corner post;
THENCE South 54' 45' 19" West 392.97 feet to a 1/2 inch iron rod lying in the
Northeast right-of-way line of S.H. 240;
THENCE along the Northeast right-of-way line of S.H. 240, South 24' 03' 00" East
904.38 feet to a Y2 inch iron rod lying at the intersection of the Northeast right-of-
way of S.H. 240 with the North right-of-way line of F.M. 890;
THENCE along the North right-of-way line of F.M. 890, South 65' 12' 57" East
150.27 feet to the Place of Beginning and containing 62.186 acres, more or less.