Res 166-91 10/15/1991RESOLUTION NO. M —fj
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE A NON-ANNEXATION AGREEMENT
WITH B. W. SINCLAIR, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. The City Manager be and is hereby authorized to
execute a non-annexation agreement with B. W. Sinclair, Inc. , in
accordance with the terms and conditions of said agreement,
attached hereto and made a part hereof for all purposes.
SECTION 2. It is hereby officially found and determined
that the meeting at which this resolution is passed is open to
the public as required by law and that public notice of the time,
place, and purpose of said meeting was given as required.
PASSED AND APPROVED this the 15th day of October, 1991.
44gr
A R
ATTEST:
City C erk
Sate 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 B. W. Sinclair, Inc. , hereinafter called "Sinclair. "
W I T N E S S E T H:
WHEREAS, Sinclair is the owner of a certain tract of land,
hereinafter called "Subject Property" , located in Clay 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. 2438,
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
Sinclair 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, 1992 .
2 . City will furnish water service to Sinclair on Subject
Property at rates equal to 150 per cent 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
Sinclair shall thereafter pay the same rates charged to users within
the city limits.
3 . The water service provided to Sinclair 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 Sinclair 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 Sinclair shall cease upon execution
of this contract.
4 .City will not furnish fire protection nor police protection
service to Sinclair on Subject Property.
5.This contract does not release nor waive any obligations 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 Sinclair, the
obligations contained in this contract shall be assumed by the
successor owner.
7 . Sinclair shall pay to City a payment in lieu of taxes in cash
in an amount equal to twenty-five percent (25%) of the amount that its
normal city taxes would have been for each year of this contract
beginning January 1, 1992 had they been in the city limits. The
appraised value of the existing land, existing buildings, and other
existing improvements, existing machinery, and existing equipment,
shall be on the basis of the January 1, 1991 appraised value made by
the Clay County Appraisal District throughout the contract. The
appraised value of the inventory shall be determined in the same manner
that the inventory of other firms in the County are appraised by the
Clay County Appraisal District, less the freeport exemption if legally
available; such payment in lieu of taxes shall be paid within 30 days
of January 1 of each year of the contract.
8 . In the event Sinclair should breach any of the provisions of
the contract, and it fails to remedy such breach within 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, 1998 .
10. This contract shall be effective as of January 1, 1992 .
IN WITNESS WHEREOF, the parties hereto have caused this ���o �► ract
to be executed by their duly authorized officers on this the j ,�7L' day
of dEZ /.4/ , 19 97 .
CITY,-6F WIC TA FAL S
yvITES BINA, 7MANAGER
ATTEST:
CITY CLERK /e_ �1_ f/
B. W. SINCLAIR, INC.
XI/
BOBBY/W. SINCLAIR,--PRESIDENT
AT EST:
QSr-r, SECRETARY \
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XHISIT "8"
BRING 5.693 ACRES DESCRIBED A8 FOLLOWS!
A TRACT OF LAND OUT OF BLOCK 35, KEMP AND HERBY SUBDIVISION OF'
PART OF CHEROKEE COUNTY SCHOOL LANDS, AS SHONN DY THE PLAT
1:',4..'
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THEREOF OF RECORD IN VOLUME "X", PAGE 272, DEED RECORDS OF CLAY
COUNTY, TEXAS AND DEING A PART OF THAT CERTAIN 57.97 ACRE TRACT
AS DESCRIBED IN i9ARRANTY PEED RECORDED IN VOLUME 387, PAGE 58,
DEED RECORDS OF CLAY COUNTY, TEXAS AND BEING MORE SPECIFICALLY ' '
DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING at an iron rod in a fence line of a certain 0.09 acre .
tract conveyed to Southweatern Bell Telephone Company by deed
dated August 25, 1952, and recorded in Volume'184, Page 110,
Decd Records of Clay County, Texas, said point bears South 00'
06 ' West 103.28 feet, South 76' 03' Eaot 30.92 feet, South 00'
06 ' West 13.96 Beat and South 23' 43' Eaat 24.78 feet froth'the
Northwest corner of •aaid Block 35, Kemp and Newby Subdivision
for the Northwest corner and place of beginning of this
description.
THENCE, along tho Southern linen of said 0.09 acre tract as
followai
South 23' 43' 00" East 20.82 foot to a 1/2" iron rod for corner;
South 76' 08' 00" East 58.18 feet to a 1/2" iron rod for corner;
North 14' 40' 00" East. 49.57 feet to a 1/2" iron rod in a fence
line for the South right-of-way line of the old M-X-T Railroad
i for corner;
THENCE along slid South right-of-way of old M-K-T Railroad,
1 South 76' 03' 00" East 273.93 feet to a 1/2" iron rod in said
line for the Northeast corner of this tract;
THENCE leaving said South right-of-way lino of old 14-K-T
Railroad, South 00' 06' 00' West 214.23 foot to a 2" iron pipe
I for corner;
THENCE North 82' 31' 30" Weat 47.08 feet to a 1/2' iron rod for
an ell corner.of this tract; i
THENCE South 00' 1U' 00" East 463.00 feet to a 1/2" iron rod for
corner;
THENCE North 09' 59' 35" West 93.21 feet to a 1/2" iron rod for
I
i an ail corner of this tract;
THENCE South 00' •06' 00' Heat 156.84 foot to a 1/2" iron rod for
the moat Southerly Southpaat "corner of this tract;
THENCE North 78' 31' 20" wont 163.82 feet to a 1/2" iron rod for
j the most Southerly Southwest corner of this tract;
i THENCE north 44' 54' 00' West 65.17 feet to a 1/2' iron rod for 1,
the most Woaterly Southwest corner of this tract;
THENCE North 00' 06' 00' East 800,25 feet along a line 10 feet 3,
I East of and parallel to the East line of a certain 60 foot wide
public road to the place of beginning ,end containing 5.693 acres r...,
of land, more or lees, and eubjeot to a certain 12 foot wide Q
railroad spur right-of-way easement, being 6 feet either vide of
and parallel to the following described center1Jrts;.
I EEGINNItia at s point in the North line of the a bvo described ,
I
5.693 acre tract, said point Bears South 00' 061 Heat 1.03.28 .;, ;;,',.
feet and South 76' 03' East 152.62 feet from the above said
Northwest corner of Block 35, Kemp and Newby Subdivision for the Z!
placo of beginning of this eaacment oanterlino; •THENCE in a Southerly direction along an 18.120 degree curve to
the right, having a radius of 316.20 feet, a central angle of
51' 18 45', an arc distance of 283.18 foot to a point
I tangency;
THENCE South 00' 18' 33' Eat 453.70 feet to A point for the end
of this saoomont centerline.
16.1.