Res 2393 9/18/1979RESOLUTION NO.
RESOLUTION APPROVING AGREEMENT EXTENDING FOR
TWO YEARS THE NON-ANNEXATION CONTRACT WITH
GENERAL MOTORS CORPORATION.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain Extension Agreement, a copy of which is
attached hereto, between the City of Wichita Falls and General
Motors Corporation, whereby the non-annexation contract between
the City and General Motors Corporation is extended for a period
of two years, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 18th day of September, 1979.
M A Y O R
ATTEST:
City Clerk
THE STATE OF TEXAS
COUNTY OF WICHITA
EXTENSION AGREEMENT
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",
WITNESSE TH:
WHEREAS, GM 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 City and GM entered into an Agreement, dated September 7,
1977 (the "1977 Agreement"), wherein the City declared the Subject Property to
be an industrial district and agreed to refrain from the annexation of the Subject
Property until December 31, 1984, in consideration for the payment by GM of
certain sums in lieu of the taxes which would have been assessed on the Subject
if annexation had taken place; and,
WHEREAS, due to the damage suffered by the City in a recent tornado, the
City and GM have agreed to extend the period of non-annexation and to make cer-
tain adjustments to the payments in lieu of taxes, both as described in the 1977
Agreement; and,
WHEREAS, the Board of Aldermen of City has, by Resolution No. 2393,
authorized and approved this contract which such Board of Aldermen deem to be
in the best interest of the City.
NOW, TI-IEREFORE, for and in consideration of the mutual covenants herein-
after contained to be performed by the parties hereto, City and GM do hereby agree
as follows:
1. The 1977 Agreement is hereby extended by the mutual agreement of the
parties for a period not to exceed two years beyond the original term set forth
therein. In mutual consideration for said extension, the parties further agree to
certain adjustments in the terms of the 1977 Agreement, which terms shall be
hereinafter restated, as adjusted, in their entirety. It is agreed that, on and after
the date hereof, the terms of this Extension Agreement shall supersede the terms
of the 1977 Agreement.
2. City guarantees the continuation of the extraterritorial status of Subject
Property and its immunity from annexation by City for a period such that the Sub-
ject Property shall not be assessable due to its appearance on the tax rolls prior
to January 1, 1987.
3. City will furnish water service to GM on Subject Property at rates equal
to 150% of the rates charged to users located within the City limits through Decem-
ber 31, 1984, unless City's Board of Aldermen reduces to a level below 50% or
completely eliminates the standard out-of-city additional charge established by or-
dinance, in which event GM shall thereafter pay the same rates charged to other
out-of-city users. If not sooner, GM will pay the same rates charged to users
within the City limits beginning January 1, 1985.
4. City will furnish sanitary sewer service to GM on Subject Property at
rates equal to 150% of the rates charged to users located within the City limits
through December 31, 1984, unless City's Board of Aldermen reduces to a level
below 50% or completely eliminates the standard out-of-city additional charge es-
tablished by ordinance, in which event GM shall thereafter pay the same rates
charged to other out-of-city users. If not sooner, GM will pay the same rates
charged to users within the City limits beginning January 1, 1985.
5. City will furnish solid waste collection and removal service to GM on
Subject Property at rates equal to 125% of the rates charged to commercial and
business establishments within the City limits through December 31, 1984, unless
City's Board of Aldermen reduces to a level below 25% or completely eliminates
the standard out-of-city additional charge established by ordinance, in which event
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GM shall thereafter pay the same rates charged to other out-of-city users. If
not sooner, GM will pay the same rates charged to users within, the City limits
beginning January 1, 1985.
6. The water service, sanitary sewer service and solid waste collection
service provided to GM by City shall be subject to the ordinances of City as pre-
sently existing and as may be hereinafter amended.
7. GM will pay to the City between October 15 and December 31 of each
year of this Extension Agreement a payment in lieu of taxes. Such payment shall
be in cash or cash equivalents acceptable to the City and in amounts to be deter-
mined in paragraphs (A) through (H) below. For purposes of these determinations,
Normal City Taxes" shall mean the amount of normal city taxes that would have
been due and, payable by GM on December 31 of the applicable tax year had the
Subject Property been located within the limits of the City during the applicable
tax year.
A) The payment due December 31, 1979 shall be equal to
100% of the 1979 Normal City Taxes.
B) The payment due December 31, 1980, shall be equal to
100% of the 1980 Normal City Taxes reduced by 3 3/4% of 75%
of the 1979 Normal City Taxes.
C) The payment due December 31, 1981, shall be equal to
25% of the 1981 Normal City Taxes reduced by 3 3/4% of 75%
of the 1979 and 1980 Normal City Taxes.
D) The payment due December 31, 1982, shall be equal to
25% of the 1982 Normal City Taxes reduced by 3 3/4% of 75%
of the 1979 and 1980 Normal City Taxes.
E) The payment due December 31, 1983, shall be equal to
25% of the 1983 Normal City Taxes reduced by 3 3/4% of 75%
of the 1979 and 1980 Normal City Taxes.
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F) The payment due December 31, 1984, shall be equal to
25% of the 1984 Normal City Taxes reduced by 3 3/4% of 75%
of the 1979 and 1980 Normal City Taxes.
G) The payment due December 31, 1985, shall be equal to
25% of the 1985 Normal City Taxes reduced by 3 3/4% of 75%
of the 1979 and 1980 Normal City Taxes.
H) The payment due December 31, 1986, shall be equal to
25% of the 1986 Normal City Taxes reduced by 3 3/4% of 75%
of the 1980 Normal City Taxes.
In computing the Normal City Taxes, the following rules shall be applied:
a) The appraised value of the land shall be determined in
the same manner that other land in the City is appraised.
b) The initial appraisal of the buildings and other improvements
shall be an amount equal to 92% of the actual costs of such buildings
and improvements, which cost figures have been furnished to City by
GM.
c) The appraised value of the machinery, equipment and other
personal property except for inventory shall be, throughout the term
of this contract, an amount equal to 65% of the actual costs of such
machinery, equipment and other personal property, which cost figures
have been furnished to City by GM.
d) The appraised value of the inventory shall be determined in
the same manner that the inventory of other firms in the City are
appraised.
e) Each year the then current assessment ratio established by
the Board of Aldermen shall be applied to the appraised value in
order to obtain the assessed value; the then current tax rate as
established by the Board of Aldermen shall be applied to the assess-
ed value to obtain the amount of the Normal City Taxes.
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8. This Extension Agreement does not release or 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.
9. In the event GM should breach any of the provisions of this Extension
Agreement, and it fails to remedy such breach within thirty (30) days after having
been notified by City to do so, then City shall have the right to terminate this
Extension Agreement, and to proceed to annex Subject Property.
10. City shall initiate proceedings to annex Subject Property into the City
limits early enough to be able to complete such proceedings by December 31, 1986,
and Subject Property shall be included on the tax rolls of City on January 1, 1987.
11. City will furnish fire fighting services to GM on Subject Property.
12. This Extension Agreement shall be effective as of the date hereof.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be
executed bytheir dulyauthorized officers on this the �j
% � day of /L!v*t,d-e.i,
1979.
CITY OF WICHITA FALLS, TEXAS
BY
CITY MA GER ~
ATTEST:
CITY CLERK
GENERAL MOTORS CORPORATION
�_ SSISTANT SECRE R
ATTEST:
,24417-1 67/
MANAGER I SPECIAL ife PROJECTS
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A. •
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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
Survey 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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