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Res 2438 12/4/1979RESOLUTION NO. 9 L RESOLUTION DESIGNATING WILSON-WICHITA, INC. , PRELIMINARY SUBDIVISION, AN ADDITION TO CLAY COUNTY, AS AN INDUSTRIAL DISTRICT, AND AP- PROVING A CONTRACT WITH WILSON MANUFACTURING COMPANY, INC. GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF ONE (1) YEAR. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Wilson-Wichita Inc. Preliminary Subdivision, an addition to Clay County, Texas, being a part of the area located in the extraterritorial jurisdiciton of the City of Wichita Falls, is hereby designated a an industrial district in accordance with the provisions of Section 5 of the Municipal Annex- ation 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 Wilson Manufacturing Company, Inc. , whereby the City guarantees the continuation of the extraterritorial status of the said Wilson-Wichita Inc. Preliminary Subdivision and its immunity from annexation by City for a period of one (1) year from January 1st, 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 4th day of December, 1979. MAYOR ATTEST: CITY CLERK THE STATE OF TEXAS COUNTY OF WICHITA 0 This contract made and entered into by and between the City of Wichita Falls, Texas, a municipal corporation, hereinafter called "City", and Wilson Manufacturing Company, Inc. hereinafter called "Wilson". WITNESSETH: WHEREAS, Wilson 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, WEREAS, the Board of Aldermen of the City has, by Resolution No. designated Subject Property as an industrial district, and auth- orized 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 hereinafter contained to be performed by the parties hereto, City and Wilson 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 one (1) year from January 1st 1980. 2. City will furnish water service to Wilson on Subject Property at rates equal to 150% of the rates charged to users located within the City limits through- out 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 Wilson shall thereafter pay the same rates charged to users with- in the City limits. 3. City will furnish solid waste collection and removal service to Wilson on Subject Property, if desired, at rates equal to 125% 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 Wilson shall thereafter pay the same rates charged to users within the City limits. 4. The water service and solid waste collection service provided to Wilson by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 5. City will furnish fire protection service to Wilson on Subject Property. 6. Wilson will pay to City during the one (1) year of this contract, as payment in lieu of taxes, an amount in cash equal to 25% of that amount that their normal City taxes would have been that year had they been in the City limits. This payment shall be made between October 15 and December 31, 1980. In computing the amount that their taxes would be each year during this con- tract, 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 im- provements, which cost figures will be furnished to City by Wilson. 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, equip- ment and other personal property, which cost figures will be furnished to City by Wilson. 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. The current assessment ratio established by the Board of Aldermen shall be applied to the appraised value in order to obtain the as- sessed 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 2596 of the amount so computed. 7. This contract 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. 8. In the event Wilson should breach any of the provisions of this con- tract, 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 contract, and to proceed to annex Subject Property. 9. This contract may be extended, at the option of the City, in one year increments under the same terms and conditions. In no event, though, shall there be more than six such annual extensions. If the contract is not to be extended by the City, prior to its expiration on December 31st of the contract year, Subject Property shall be annexed to the City limits and shall be included on the tax rolls of the City as of January 1st of the following year. 10. This contract shall be effective as of January 1, 1980. CITY OF WICHITA FALLS, TEXAS BY: \Gerald G. F) 'City Manager ATTEST : City Clerk WILSON MANUFACTURING COMPANY, INC. BY: 7 ( ATTEST: v ecretary SWORN TO AND SUBSCRIBED BEFORE ME , BY , on this /1 th day off , A.D. , 1979 , to certify which witness my hand and seal of office . . White Notary Public in and for Wichita County , Texas -2- My Commission expires May 31 , 1981 EXHIBIT "A" A tract of land out of Block 35, Kemp & Newby's Subdivision of part of Cherokee County School Land, Clay County, Texas; preliminary platted as Lot 1, Block 1, Wilson-Wichita, Inc. Subdivision before the City of Wichita Falls Planning Board on August 8, 1979, more particularly des- cribed as follows: Beginning at a point which bears S 00° 04' 57" W 14. 33 feet from the intersection of the South right-of-way line of the MISSOURI, KANSAS, TEXAS RAILROAD and the East right-of-way line of Wilson Road. THENCE S 00° 04' 57" W 1663. 4 feet THENCE East 1728. 9 feet THENCE N 00° 09'09" E 1248. 1 feet THENCE N 76° 02'59" W 1692. 3 feet THENCE S 13° 57'01" W 50. 0 feet THENCE N 76° 02'59" W 58.7 feet THENCE N 23° 45'12" W 45. 6 feet to the place of beginning and containing 58.00 acres of land more or less.