Res 056-87 4/7/1987RESOLUTION NO.
RESOLUTION CHANGING SEVEN YEAR NON-ANNEXATION
CONTRACT WITH GENERAL MOTORS CORPORATION TO
CHANGE RESTRICTIONS ON SALE AND LEASE OF THE
PROPERTY, AND TO GRANT A NEW CONTRACT ON
BUILDING 1 IF A NEW OPERATION IS COMMENCED
THEREIN.
WHEREAS, by Resolution No. 189-86, the City Council approved
a new seven year non-annexation contract with General Motors
Corporation for its 100 acre tract in the City' s extraterritorial
jurisdiction, on which its plant is located; and,
WHEREAS, Section 10 of such contract placed certain restric-
tions on the sale or lease of such property by General Motors,
and they have requested certain minor changes in this paragraph;
and,
WHEREAS, General Motors has requested that a new paragraph
be added to the contract, which would encourage General Motors
to identify and place additional activities in its Wichita
Falls plant complex, by agreeing to grant for Building 1 a
seven year non-annexation contract upon the same terms as their
original agreement of September 7 , 1977 , in the event a new
operation is placed in Building 1; and,
WHEREAS, the City Council finds that these requests are
in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
The seven year non-annexation contract with General Motors
Corporation, as approved by Resolution No. 189-86 , is hereby
changed in the following particulars:
Paragraph 10 of said contract is changed to read as follows:
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 reten-
tion by any assignee of the provisions of this Contract. No
consent shall be required for any mortgage or collateral assign-
ment 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. "
Such contract shall be changed by adding a new Paragraph
11, and renumbering paragraphs 11, 12 and 13 , to-wit:
11. GM has not used Building 1, except for that portion
marked as main office, cafeteria and info center on Exhibit
B" , since its construction. If GM or any wholly owned subsidiary
assembly, warehouse or researchofGMplacesanewmanufacturing,P g.
operation in the unused portion of Building 1, City agrees
to grant Building 1, together with equipment, machinery and
personal property used by any such new operation and any adjoining
land or new facilities used with such new operation a seven
year non-annexation contract upon the same terms as the Original
Agreement of September 7 , 1977 . "
PASSED AND APPROVED this the 7th day of April, 1987 .
1/
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