Res 2927 12/1/1981RESOLUTION NO. /C 7 7
RESOLUTION DESIGNATING A CERTAIN TRACT
OF LAND LOCATED IN WICHITA COUNTY, TEXAS ,
AS AN INDUSTRIAL DISTRICT, AND APPROVING
A CONTRACT WITH GH-FOSTER CATHEAD COMPANY,
INC. GUARANTEEING ITS IMMUNITY FROM ANNEXA-
TION FOR A PERIOD OF FIVE YEARS .
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS , THAT:
SECTION 1 . That certain tract of land located in Wichita
County, Texas, being all of Lot 1, Block 27 of the Replat of
Part of Block 27,Kemp & Newby Subdivision , as shown on the plat
of record in the office of the County Clerk of Wichita County,
Texas, which tract is located in the extraterritorial jurisdiction
of the City of Wichita Falls , is hereby designated as an
industrial district in accordance with the provisions of Section
5 of the Municipal Annexation Act , Article 970a of the Revised
Civil Statutes of Texas .
SECTION 2 . That certain contract , a copy of which is attached
hereto, between the City of Wichita Falls and GH-Foster Cathead
Company , Inc. , whereby the City guarantees the continuation of the
extraterritorial status of the above described tract of land and
its immunity from annexation by City for a period of five years
from January 1 , 1981 , is hereby approved, and the City Manager
is authorized to execute the same for the City of Wichita Falls.
Passed and approved this the 1st day of December, 1981 .
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ATTEST :
CITY CLERK
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This contract made and entered into by and between the City of Wichita
Falls, Texas, a munici al corporation, hereinafter called "City" ," , and GH-Foster
Cathead Company, Inc. , hereinafter called "Company" ,
WITNESSETH:
WHEREAS, Company is the owner of a certain tract of land, hereinafter
called "Subject Property" , located in Wichita 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 Board of Aldermen of the City has, by Resolution No.
designated Subject Property as an industrial district and authorized and approved
this contract which such Board of Aldermen deem to be in the best interest of
the City.
NOW, THEREFORE, for and in consideration of the mutual convenants
hereinafter contained to be performed by the parties hereto, City and Company
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
five years from January 1, 1980.
2. City will furnish water service to Company on Subject Property at
rates equal to 200 per cent of the rates charged to users located within the city
limits throughout the term of this contract, unless the City's Board of Aldermen
completely eliminates the standard out-of-city additional charge established by
ordinance, in which event Company shall thereafter pay the same rates charged
to users within the city limits.
3. City will furnish solid waste collection and removal service to Company
on Subject Property, if desired, at rates equal to 150 per cent of the rates
charged to commercial and business establishments within the city limits through-
out the term of this contract, unless City's Board of Aldermen completely
eliminates the standard out-of-city additional charge established by ordinance,
in which event Company shall thereafter pay the same rates charged to users
within the city limits.
4. The water service and solid waste collection service provided to
Company by City shall be subject to the ordinances of City as presently existing
and as may be hereinafter amended.
5. City will not furnish fire protection nor police protection service to
Subject Property.
6. 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.
7. It is agreed that in the event Subject Property is sold, either by deed
or by sale of controlling interest in Company, the obligations contained in this
contract shall be assumed by the successor owner.
8. Company has represented to City that it plans to construct a new ,
expanded version of its existing plant on the Subject Property. It is agreed
that, if the contemplated expansion is not physically underway and being actively
pursued by Company by December 31, 1981, then Company shall pay to City a
payment in lieu of taxes in cash in an amount equal to the amount that its
normal city taxes would have been for the year 1981 had they been in the city
limits; further, City shall have the right to terminate this contract and to
proceed to annex Subject Property. Such payment in lieu of taxes shall be paid
by December 31, 1981.
9. In the event such payment in lieu of taxes for the year 1981 shall
become payable by Company, then in computing the amount that its taxes would
have been for the year 1981, the following rules shall be applied:
a. The appraised value of the land, the buildings and other improvements
and the machinery, equipment and other personal property, shall be determined
in the same manner as other items of this type in the City are appraised.
b. The appraised value of the inventory shall be determined in the
same manner that the inventory of other firms in the City are appraised.
c. The current assessment ratio established by the Board of Aldermen
shall be applied to the appraised value in order to obtain the assessed value;
the current tax rate as established by the Board of Aldermen shall be applied
to the assessed value to obtain the amount that the taxes would have been had
the property been located within the city limits. The payment in lieu of taxes
shall be 100 per cent of the amount so computed.
10. In the event Company should breach any of the provisions of this
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 to proceed to annex Subject Property.
11. City shall initiate proceedings to annex Subject Property into the city
limits early enough to be able to complete such proceedings by December 31,
1985, and Subject Property shall be included on the tax rolls of City on
January 1, 1986.
12. This contract shall be effective as of January 1, 1981.
IN WITNESS WHEREOF, the parties hereto have caused this contract to
be executed by their duly authorized officers on this the day of
1981.
CITY OF WICHITA FALLS
BY:
Stuart A. Bach
City Manager
ATTEST:
City Clerk
GH-FOSTER CATHEAD COMPANY, INC.
BY:
H. R. Crispin
Senior Vice-President
Galveston-Houston Company
ATTEST:
Secretary
EXHIBIT A
TO CONTRACT BETWEEN CITY OF WICHITA FALLS ,
TEXAS AND GH-FOSTER CATHEAD COMPANY, INC.
All of lot 1 , Block 27, a replat of part of Block 27, Kemp &
Newby Subdivision, Wichita County , Texas, as shown on the plat
of record in the office of the County Clerk of Wichita County,
Texas .
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