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Res 179-82 12/1/1992RESOLUTION NO. /7f_2i A RESOLUTION OF THE CITY COUNCIL OF WICHITA FALLS DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN WICHITA COUNTY, AS AN INDUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH DIAMOND SHAMROCK REFINING AND MARKETING COMPANY GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN (7) YEARS. 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 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 Diamond Shamrock Refining and Marketing Company, 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, 1993, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 1st da qt , December, 1992 . 4, MA `t::R ATTEST: j..72.11y24_,/ CITY CLERK ) ( 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 Diamond Shamrock Refining and Marketing Company, hereafter called Diamond Shamrock. WITNESSETH: WHEREAS, Diamond Shamrock 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 land is located within City's extraterritorial jurisdiction; and, WHEREAS, the City Council of the City has, by Resolution No. 179-94 designated Subject Property as an industrial district, and has authorized and approved this contract which such City Council deem 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 Diamond Shamrock 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, 1999 . 2 . City will furnish water service to Diamond Shamrock on Subject Property at rates equal to one hundred fifty percent (150%) 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 Diamond Shamrock shall thereafter pay the same rates charged to users within the city limits. 3 . The water service provided to Diamond Shamrock 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 Diamond Shamrock 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 Diamond Shamrock shall cease upon execution of this contract. 4 . City will furnish fire protection service to Diamond Shamrock on Subject Property. Diamond Shamrock shall provide fire protection standards as required by City. Diamond Shamrock shall not allow the sale of fireworks on Subject Property. 5. 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. 6. It is agreed that in the event Subject Property is sold, either by deed or by sale of controlling interest in Diamond Shamrock, the obligations contained in this contract shall be assumed by .the successor owner. 7 . Diamond Shamrock shall pay to City a payment in lieu of taxes in cash in an amount equal to the amount equal to 25 per cent of the amount that its normal city taxes would have been for each year of this contract beginning January 1, 1993 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 Diamond Shamrock of the bills therefor. 8 . In the event Diamond Shamrock should breach any of the provisions of this contract, and it fails 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. 9 . 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, 1999 . 10. This contract shall be effective as of January 1, 1993 . IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the 1st day of December , 1992 . CITY OF WICHITA ALL EX BY: Cit Manager Attest: City Clerk DIAMOND SHAMROCK REFINING AND MARKETING COMPANY BY: ,1 4/ Attest: /0/(9-4- J.LW(44 s 3 * Notary�! ' , P;isiie STATE OF TEXAS mmEW lam. • • 11110 . ' j'. I.RMU ,� WO W ", 1 (TIRM 4 ; gfAREA OFITEEST -RMU.' • Lt. _ , I t !� :y SF-2 1 ��� 'Li �. �MFR �.t ;y / T''syNNNNNNI t j 11 HC _ i •%°// cr. • M°u_ HC --4. H --r-i ..... 1 i;I a z • may! 1' °.• 'Oy Cr en •, LAI co .�; SF-Q<. ; G � Sit HC I •I' I HI 11; i �� I / - i,tMaji,i l 1HC� �� It _'S.. _ - t� a y nt H . a EXH IBIT A • rIILD NOTza BEGINNING at a point in the West line of Block 37, Cherokee County School Land, 2723.1 feet South from its Northwest corner, said beginning point being in the South line of Farm-Market Hwy. 3393 and on the centerline of Cottonwood Road; THENCE along, adjoining and adjacent the West line of Block 37 and the center of Cottonwood Road S 00' 31' 45' W 863.6 feet; ' THENCE H 81' 59' Z, at 30.3 feet pass an iron rod at the Northwest corner of a ten acre tract described at Volume 923, Page 20, Wichita County Deed Records, and continuing on the sane course with fence, along, adjoining and adjacent to the north boundary line of said ten acre tract, in all 297.7 feat to an iron rod at an angle in fence; THZNCl with fence S 89' 48' 30' Z 1638.14 feet along, adjoining and adjacent to the north boundary line of said ten acre tract to an iron rod at fence corner at Northeast corner of aforementioned ten acres; THIN= with fence S 01' 14' W 232.15 feet along, adjoining and adjacent to the east boundary line of said ten acre tract to an iron rod at the Southeast corner of the tan acre tract; THENCl with fence S 89' 51' 50' i 1902.73 feet along, adjoining and adjacent to the north boundary Line of 106 acres conveyed from Corinne H. Darner let. to Rowdy J. Moore at Vol. 1525, Page 604, Wichita County Deed Records, to an rod set at the Southeast corner of ninety acres conveyed from Gilbert to Powell at Vol. 1080, Page 490, Wichita County Deed Records, said rod being N 89' 51' 50' W 298.0 feet from a fence corner in the last line of Block 377 THENCE parallel to and 298 feet West from an old fence on last line of Block 37, N 00' 51' Z 1099.83 feet along, adjoining and adjacent to the west boundary line of a tract of land conveyed to Billy Johnson at Volume 680, Page 133, Wichita County Deed Records to an iron rod met in South line of Buy. 3393 for the Northeast corner of this tract; THENCE with the South line of Hwy. 3393, S 89' 18' 30' W 500.24 feet to an iron rod and 9 89' 29' 30' W 3338.9 feet along, adjoining and adjacent to the South boundary line of farm-Market Hwy. 3393 to the PIACS OF BEGINNING and containing 84.612 acres of land of which 0.593 acres lie! in Cottonwood Road, leaving a net of 84.019 acres in this tract.