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Res 091-84 5/15/1984RESOLUTION NO. 974fL RESOLUTION APPROVING SUBSTITUTION OF THE STANLEY WORKS FOR INGERSOLL-RAND COMPANY IN NON-ANNEXATION AGREEMENT. WHEREAS, City and Ingersoll-Rand Company entered into a non- annexation agreement, dated March 25, 1980 , concerning the 50 acre tract of land on which the Ingersoll-Rand plant is located, for a period of seven years from January 1, 1980 ; and, WHEREAS, said plant has been purchased by Stanley Industrial Tools, Inc. , a subsidiary of The Stanley Works, effective May 1, 1984 ; and, WHEREAS , Ingersoll-Rand has requested that Stanley Works be substituted for Ingersoll-Rand in said contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS , TEXAS , THAT: The contract between the City and The Stanley Works, a copy of which is attached hereto, approving the substitution of The Stanley Works for Ingersoll-Rand Company, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . PASSED AND APPROVED this the 15th day of May, 1984 . M Y O R ATTEST: we City Clerk THE STATE OF TEXAS X COUNTY OF WICHITA X This contract made and entered into by and between the City of Wichita Falls , Texas, a municipal corporation, hereinafter called "City" , and The Stanley Works, hereinafter called "Stanley" , WITNESSETH: WHEREAS, City and Ingersoll-Rand Company entered into a contract dated March 25 , 1980 , whereby City guaranteed the continuation of the extraterritorial status, and its immunity from annexation by City for a period of seven years from January 1, 1980 , of a certain tract of land containing 50 acres, more or less, out of Block 26, Kemp & Newby Subdivision, Cherokee County School Land, A-33 , Wichita County, Texas; and, WHEREAS, such land and the plant located thereon has been purchased, effective May 1, 1984 , by Stanley Industrial Tools, Inc. , a subsidiary of Stanley; and, WHEREAS, City and Stanley desire that Stanley be substituted for Ingersoll-Rand Company in such contract. NOW, THEREFORE, City and Stanley do hereby agree as follows: The Stanley Works is hereby substituted for Ingersoll-Rand Company in the above contract dated March 25, 1980, and the terms of said contract shall be binding on City and Stanley. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the 15th day of May, 1984 . CITY OF WICHITA FALLS, TEXAS By: James P. Berzina, City Manager ATTEST: City Clerk 4 - 19 - 8 A-} %. RECEIVED IN � 7.c1 4��GtiQ�- CITY CLERK'S OFFICE / 6 G / ,( THE STATE OF TEXAS X CO-/'fj Date COUNTY OF WICHITA X sy `- This contract made and entered into by and between the City of Wichita Falls , Texas, a municipal corporation, hereinafter called "City" , and The Stanley Works, hereinafter called "Stanley" , WITNESSETH: WHEREAS, City and Ingersoll-Rand Company entered into a contract dated March 25 , 1980 , whereby City guaranteed the continuation of the extraterritorial status, and its immunity from annexation by City for a period of seven years from January 1, 1980 , of a certain tract of land containing 50 acres, more or less, out of Block 26 , Kemp & Newby Subdivision, Cherokee County School Land, A-33 , Wichita County, Texas; and, WHEREAS, such land and the plant located thereon has been purchased , effective May 1 , 1984 , by Stanley Industrial Tools , Inc. , a subsidiary of Stanley; and, WHEREAS, City and Stanley desire that Stanley be substituted for Ingersoll-Rand Company in such contract. NOW, THEREFORE, City and Stanley do hereby agree as follows: The Stanley Works is hereby substituted for Ingersoll-Rand Company in the above contract dated March 25 , 1980, and the terms of said contract shall be binding on City and Stanley. IN WITNESS WHEREOF , the parties hereto have caused this contract to be executed by their duly authorized officers on this the 15th day of May, 1984 . CITY O WICH TA FALLS TEXAS By- t' �a -es P. I-Berzi City-Manager ATTEST: (� C))4.;t.lfGe--/-2 Clerk L — . . . Approved as to Form: City Att THE STANLEY WO S By: President ATTEST: ,---7-- 1 ----l • .-'....;:_..6.......... "..‘ii " 7;: ecretary r "-- 2