Res 130-94 8/16/1994RESOLUTION NO. \ ?CJ G J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, APPROVING THIRD
GENERATION NON-ANNEXATION AGREEMENT WITH
GENERAL MOTORS CORPORATION FOR A PERIOD OF
SEVEN (7) YEARS BEGINNING JANUARY 1, 1994;
FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. That certain contract, a copy of which is
attached hereto, approving a non-annexation agreement with
General Motors Corporation for a period of seven (7) years
beginning January 1, 1994, is hereby approved, and the City
Manager is authorized to execute said contract on behalf of the
City of Wichita Falls.
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 August, 1994.
M A Y O R
ATTEST:
rith-a)
City Clerk
STATE OF TEXAS S
COUNTY OF WICHITA S
THIRD GENERATION
JON-ANNEXATION CONTRACT WITH
GENERAL MOTORS CORPORATION
This contract, made and entered into by and between the
City of Wichita Falls, Texas, a municipal corporation,
hereinafter called "City, " and General Motors Corporation,
hereinafter called "GM, "
W I T N E 8 S E T H :
WHEREAS, GM 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 approved a non-annexation agreement with GM concerning
such property; City and GM executed such contract dated April
7, 1987, which granted immunity from annexation by City of
Subject Property for a period of seven years from January 1,
1987; and,
WHEREAS, GM has constructed and operates an industrial
plant on Subject Property as more specifically shown in
Exhibit "B" attached hereto and made a part hereof, including
Building 1" shown on such Plat which is current vacant and
unused except for the main office, cafeteria and information
center reflected on the attached Plat; and,
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WHEREAS, GM has requested a renewal of this non-
annexation contract, and the City Council of City has, by
Resolution No. 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 GM 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 seven (7)
years from January 1, 1994.
2. City will furnish water service to GM on Subject
Property at rates equal to 100% of the rates charged users
located within the City limits throughout the term of this
contract.
3. City will furnish sanitary sewer services to GM on
Subject Property at rates equal to 100% of the rates charged
to users located within the City limits throughout the term of
this contract.
4. City will furnish solid waste collection and removal
service to GM on Subject Property at rates equal to 150% 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 GM shall thereafter pay the same rates charged to
users within the City limits.
5. The water, sanitary sewer service and solid waste
collection service provided to GM 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 GM on
Subject Property.
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7. GM shall not allow the sale of fireworks on Subject
Property.
8. GM will pay to City each year during the seven years
of this contract, as payment in lieu of taxes, an amount in
cash, or cash equivalents acceptable to City, equal to 40% of
that amount that their normal City taxes would have been that
year had they been in the City limits. Each annual payment
shall be made between October 15 and December 31 of each year;
the first such payment in lieu of taxes shall be payable
between October 15 and December 31 of 1994. In computing the
amount that their normal City taxes would be each year during
this contract, the following rules shall be applied:
a. The appraised value of the land shall be an
amount equal to 100% of the 1993 appraised value of such land
made by the Wichita County Appraisal District.
b. The appraised value of the presently existing
buildings and other improvements shall be, throughout the term
of this contract, an amount equal to 100% of the 1993
appraised value of such buildings and improvements made by the
Wichita County Appraisal District. The appraised value of all
buildings and other improvements constructed on Subject
Property after January 1, 1994, shall be an amount equal to
100% of the appraised value of such buildings and improvements
made by the Wichita County Appraisal District when such
buildings and improvements are completed; the same appraised
value shall be used for subsequent years of this contract.
The appraised value for any year or years when the
construction is in progress shall be 100% of the appraised
value of such buildings and improvements made by the Wichita
County Appraisal District for that year or years.The
appraised value of all buildings and other improvements which
are subsequently razed or removed from the premises shall be
deleted from the appraised value of the buildings and other
improvements under this contract.
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c. The appraised value of the present machinery,
equipment and other personal property except for inventory
shall be, throughout the term of this contract, an amount
equal to 100% of the 1993 appraised value (less depreciation
allowances) of such machinery, equipment and other personal
property made by the Wichita County Appraisal District. The
appraised value of any new machinery, equipment and other
personal property except for inventory which may be acquired
after January 1, 1994, shall be an amount equal to 100% of the
appraised value (less depreciation allowances) of such
machinery, equipment and other personal property made by the
Wichita County Appraisal District; this same appraised value
shall be used for subsequent years of this contract. The
appraised value of all machinery, equipment or other personal
property which is subsequently scrapped or removed from the
premises shall be deleted from the appraised value of the
machinery, equipment and other personal property under this
contract.
d. The appraised value of the inventory shall be
determined in the same manner that the inventory of other
firms of the City are appraised, less the freeport exemption.
e. Each year the then-current tax rate as
established by the City Council shall be applied to the
appraised value (as determined under a. through d. above) to
obtain the amount that the normal City taxes would have been
year had the propertythatYt been located within the City
limits. The payment in lieu of taxes shall be 40% of the
amount so computed.
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.
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10. Prior to any assignment of this contract, or any
sale or lease of Subject Property or any part thereof, GM
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, GM shall secure the prior written
consent of City in order to retain the status for such
improvements 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 purposes of non-annexation policies of City. 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 GM 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
compete such proceedings by December 31, 2000, and Subject
Property shall be included on the tax rolls of City on January
1, 2001.
13. This contract shall be effective as of January 1,
1994.
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IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their duly authorized officers on
this the (c ` day of , 1994 .
CITY OF WICHITA FALLS
By:
'Jaa16 s Bz -rf
( 7YManaerereia
ATTEST:
d),),a hri\ikg
• i1 City Clerk
APPROVED AS TO FORM:
`Cit�f Attorney
GENERAL MOTORS CORPORATION
By: &�r
Chief Tax Officer
ATTEST:
Alkz+1.-41.4
Assistant Secr itary
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
t alsoSurvey, A-634, said point being the occupiedngied Northwestp
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 Est 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 89° 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.
EXHIBIT B•
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