Res 072-83 4/5/1983RESOLUTION NO. 7,27—d
A RESOLUTION AUTHORIZING THE CITY MANAGER TO DEED PART OF LOTS 18
THROUGH 21, BLOCK 19, HILLCREST ADDITION, WICHITA FALLS, TEXAS TO
WICHITA FALLS AREA FOOD BANK, INC. , AND TO EXECUTE A CONTRACT RE-
GARDING SAME
WHEREAS, the Board of Aldermen has found and determined that there is
a need for an Area Food Bank to distribute food to the needy persons in the City
of Wichita Falls, and that the Wichita Falls Area Food Bank, Inc. , has agreed to
provide such services, and that this is a proper purpose; and,
WHEREAS, part of Lots 18 through 21, Block 19, Hillcrest Addition of
Wichita Falls is a property that Wichita Falls Area Food Bank, Inc. , and the City
have determined would be an appropriate location for this purpose; and,
WHEREAS, Wichita Falls Area Food Bank, Inc. , has requested that the City
donate the property for such purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute, for the City of
Wichita Falls, a deed of gift of that part of Lots 18 through 21, Block 19,
Hillcrest Addition which is outside the right-of-way of Midwestern Parkway to
Wichita Falls Area Food Bank, Inc. , with a reverter to the City if it is not
developed as, or if it ceases to operate as, a Food Bank, and to execute a
contract in the form attached.
PASSED AND APPROVED THIS 5th day of April, 1983.
Y O R
ATTEST:
4041
CITY CLERK
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WICHITA )
PART I. AGREEMENT
This AGREEMENT entered into and effective as of this day of April,
1983, by and between the City of Wichita Falls, Texas (hereinafter called the
CITY") and Wichita Falls Area Food Bank, Inc. , (hereinafter called the
CONTRACTOR") .
WITNESSETH:
WHEREAS, the CITY desires to assist the CONTRACTOR in establishing a
permanent Food Bank facility to be used to warehouse and distribute food to the
needy.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1) The CITY will donate that City-owned property legally described
as part Lots 18 through 21, Block 19, Hillcrest Addition for the construction
of the Food Bank facility.
2) The CONTRACTOR will assure the construction of the facility on the
land provided by the CITY.
3) The CONTRACTOR is totally responsible for ensuring that sufficient
funds are available from its own or other non-City sources, to fulfill the terms
of this contract.
4) Should the property not be developed as a Food Bank facility and
placed in operation within twelve (12) months from the date of this AGREEMENT,
or should it cease to be operated as a Food Bank, the title to the property herein
described (land only) shall revert to the CITY. Thereafter, this property shall
be redesignated for another non-profit public use as jointly approved by the CITY
and the University Kiwanis Club, or the CITY may sell the property, and the proceeds
shall be divided between CITY and University Kiwanis Club in the same ratio that
the appraised value of the land at the time of the sale bears to the appraised
value of the building at such time.
5) This AGREEMENT in no way commits the CITY to future funding. Any
future funding is solely the responsibility of the CONTRACTOR.
CITY OF WICHITA FALLS
ATTEST:
BY:
Dane J. Bennett, Acting City Manager
Wilma J. Thomas, City Clerk
WICHITA FALLS AREA FOOD BANK, INC.
BY:
APPROVED AS TO LEGALITY AND FORM
H. P. Hodge, City Attorney