Res 189-86 12/2/1986r---
A
RESOLUTION NO. . 9 - $(o
RESOLUTION APPROVING SEVEN YEAR NON-ANNEXATION
CONTRACT WITH GENERAL MOTORS CORPORATION FOR
ITS PLANT IN CITY' S EXTRATERRITORIAL JURIS-
DICTION.
WHEREAS, by Resolution No. 2003 , the City Council designated
as an industrial district the 100 acres , more or less, out of
the S. T. Bell Survey, A-634 and the H. G. Horn Survey, A-100 ,
Wichita County, Texas, which tract is owned by General Motors
Corporation, and on which they have constructed an industrial
plant; and,
WHEREAS, the City and General Motors have a non-annexation
contract covering this tract, which contract expires December
31, 1986 , and General Motors has requested a renewal of this
contract; and,
WHEREAS, City finds that such a new contract is in the
best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City and General Motors Corporation, guaranteeing
the immunity from annexation of said tract of land for a period
of seven years, beginning January 1, 1987 , is hereby approved,
and the City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED this the 2nd day of December, 19:6 .
1/
1/6 /
o
M A Y O RR
ATTEST:
City Clerk
RECEDIFD IN 4 7— D .J,1,,,6/2e_
CITY CLERKS OFFICE
Date c)� d 6 0
THE STATE OF TEXAS By X e-'"1/'— Time / r,�
COUNTY OF WICHITA X
NON-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"
WITNESSETH:
WHEREAS, GM is the owner of a certain tract of land con-
taining 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 September 7 ,
1977 , which granted immunity from annexation by City of Subject
Property for a period of seven years from January 1, 1978; 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 currently vacant and unused except
for the main office, cafeteria and information center reflected
on the attached Plat; and,
WHEREAS , due to the damage suffered by City in a violent
tornado, City and GM entered into an extension agreement dated
November 9 1979 , approvedby Resolution No. 2393 , wherein
such non-annexation contract was extended to January 1, 1987 ;
and,
WHEREAS, GM has requested a renewal of this non-annexation
contract, and the City Council of City has , by Resolutions No.
189-86 & 56-87, 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 years from January 1, 1987 .
2 . City will furnish water service to GM on Subject Property
at rates equal to 175% of the rates charged 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 GM
shall thereafter pay the same rates charged to users within the
City limits .
3 . City will furnish sanitary sewer services to GM on
Subject Property at rates equal to 175% 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 ordi-
nance, in which event GM shall thereafter pay the same rates
charged to users within the City limits .
4 . City will furnish solid waste collection and removal
service to GM on Subject Property at rates equal to 1500 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.
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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.
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 400 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 1987 . 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 1986 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 1986 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, 1987 , 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 sub-
sequent years of this contract. The appraised value for any
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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.
c. The appraised value of the present machinery, equipment
and other personal property except for inventory shall be, through-
out the term of this contract, an amount equal to 100% of the
1986 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, 1987 , shall
be an amount equal to 100% of the appraised value (less deprecia-
tion 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 that year had the property
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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.
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 con-
struction 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 para-
graph, 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. GM has not used Building 1, except for that portion
marked as main office, cafeteria and information center on
Exhibit "B" , since its construction. If GM or any wholly owned
subsidiary of GM places a new manufacturing, assembly, warehouse
or research operation in the unused portion of Building 1, City
agrees to grant Building 1, together with equipment, machinery
and personal proeprty used by any such new operation and any
adjoining land or new facilities used with such new operation
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a seven (7) year non-annexation contract upon the same terms
as the original agreement of September 7 , 1977 .
12 . 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.
13 . City shall initiate proceedings to annex Subject Property
within the City limits early enough to be able to complete such
proceedings by December 31, 1993 , and Subject Property shall be
included on the tax rolls of City on January 1, 1994 .
14 . This contract shall be effective as of January 1, 1987 .
IN WITNESS WHEREOF, the parties hereto have caused this
contract to be executed by their duly authorized officers on
this the 7th day of April , 1987 .
CITY OF WICHITA FALLS
BY: AZ,/
J es BerIina
ty Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
°Yid_ I-C;
City Any
GENERAL MOTORS CORPORATION
41, 44.44 bey
By•
v
Chief Tax Officer
ATTE •
A�Ssi tant Secretary
Gerald E. Gross
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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 Survey,
A-634, said point also being the occupied Northwest 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 1690.24 feet to a point for the Northwest corner of this tract;
THENCE South 89° 59' East 2344.97 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 1753.26 feet along said West right-of-way line of
M-K-T R. R. to its point of intersection with the South line of said S. T. Bell Sur-
vey for the Southeast corner of this tract;
THENCE North 89° 59' West 2809. 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.
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