Res 2814 7/7/1981RESOLUTION NO. 00IV
RESOLUTION DESIGNATING A CERTAIN TRACT
OF LAND LOCATED IN CLAY COUNTY, TEXAS
AS AN INDUSTRIAL DISTRICT, AND APPROVING
A CONTRACT WITH CONTINENTAL EMSCO COMPANY
GUARANTEEING ITS IMMUNITY FROM ANNEXATION
FOR A PERIOD OF FOUR YEARS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS , TEXAS , THAT :
SECTION 1. That certain tract of land situated in
Clay County, Texas , said land being more fully described
in Exhibit A which is attached hereto and incorporated herein,
being a part of the area 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 tract, a copy of which is
attached hereto, between the City of Wichita and Continental
EMSCO Company, whereby City guarantees the continuation of
the extraterritorial status of said tract of land in Exhibit
A and its immunity from annexation by City for a period of
four years from January 1, 1980 , is hereby approved, and
the City Manager is authorized to execute the same for the
City of Wichita Falls.
PASSED AND APPROVED this the // vday of AL4_, 1981.
M Y O R
ATTEST:
At site yJ2fL
City Clerk
l 1/
This contract made and entered into by and between the City of Wichita
Falls, Texas, a municipal corporation, hereinafter called "City" , and Continental
Emsco Company, hereinafter called "CECO" ,
WITNESSETH:
WHEREAS, CECO is the owner of a certain tract of land, hereinafter
called "Subject Property" , located in Clay 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. 2438,
designated Subject Property as an industrial district, and by Resolution No. 2814
has 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 covenants herein-
after contained to be performed by the parties hereto, City and CECO 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 four years
from January 1, 1980.
2. City will furnish water service to CECO 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 com-
pletely eliminates the standard out-of-city additional charge established by
ordinance, in which event CECO shall thereafter pay the same rates charged to
users within the city limits.
3. City will furnish solid waste collection and removal service to CECO 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 throughout 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
CECO shall thereafter pay the same rates charged to users within the city limits.
4. The water service and solid waste collection service provided to CECO
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
CECO on 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 CECO , the obligations contained in this
contract shall be assumed by the successor owner.
8. CECO has represented to City that it plans to expand its plant on the
Subject Property. It is agreed that, if the contemplated expansion is not
physically underway and being actively pursued by CECO by December 31, 1981,
then CECO 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 CECO, 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 improve-
ments and the machinery, equipment and other personal property shall be deter-
mined in the same manner as other items of this type in the City are appraised.
ar
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 CECO 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, 1984,
and Subject Property shall be included on the tax rolls of City on January 1, 1985.
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
1981.
CITY OF WICHITA FALLS, TEXAS
B Y : J.
fitfzrdr` 'A. Bach
City Manager
Attest:
1r1'l ice /: .. >
City Clerk
CONTINENTAL EMSCO COMPANY
BY :
Attest:
Secretary Assistant Secretary
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