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Res 2230 9/19/1978RESOLUTION NO. 4WQ RESOLUTION DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN WICHITA COUNTY, AS AN INDUS- TRIAL DISTRICT, AND APPROVING A CONTRACT WITH WICHITA FALLS BOARD OF COMMERCE & INDUSTRY GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF SEVEN (7) YEARS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The certain tract of land located in Wichita County, Texas, said land being more fully described in Exhibit A attached 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 Munici- pal 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 Wichita Falls Board of Commerce & Industry whereby the City guarantees the continuation of the extraterritorial status of the said tract of land more fully described in Exhibit A attached and its immunity from annexation by City for a per- iod of seven (7) years from January 1st, 1979, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. SECTION 3. Such contract shall terminate and replace that certain agreement previously entered into with the Board of Commerce & Industry and Lockwood Corporation, dated May 16, 1977 and approved by Resolution No. 1963. PASSED AND APPROVED this the 19th day of September, 1978. ATTEST: M A Y O R AM- e-1/714-9/' City Clerk Exhibit A A tract of land out of the Thomas Curry Survey, A-345, Wichita County,Texas, and being more specifically described by metes and bounds as follows: Beginning at the point of intersection of the West right-of-way line of a 50 foot wide County Road and the centerline of Bacon Switch Road, said point bears West 360. 00 feet from the Northwest corner of Section 39, H. & H. G. R.R. Co. Survey, A-161, and an ell corner of said Thomas Curry Survey, for the Northeast corner and place of beginning of this description: Thence West 2100. 00 feet along said centerline of Bacon Switch Road to a point for the Northwest corner of this tract; Thence South 1264. 01 feet to a point for the Southwest corner of this tract; Thence East 2448.96 feet to a point in said West right-of-way line of CountyRoadfortheSoutheastcornerofthistract; Thence North 150 26' West 1311. 29 feet along said West right-of-way line of a 50' foot County Road to the Place of Beginning and containing 66. 00 Acres, more or less. THE STATE OF TEXAS . COUNTY OF WICHITA This contract made and entered into by and between the City of Wichita Falls , Texas, a municipal corporation, herein- after called "City" , and The Wichita Falls Board of Commerce and Industry, a Texas Corporation, hereinafter called "BCI" . WITNESSETH: WHEREAS, BCI 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 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; and, WHEREAS, it is recognized, agreed, and understood between the parties to this agreement that BCI is a publicly supported Civic entity engaged in the procurement of industrial and business concerns to the community, and it being further recognized, agreed, and understood that the Subject Property will eventually be conveyed by BCI to a qualified industry as such is defined by the Standard Industrial Classification Code (SIC) of the Industrial Annexation Policy of Wichita Falls , Texas , and it further being the intention of the parties that this agreement , and all rights and responsibilities of BCI thereunder shall be fully assignable to any grantee, so qualified, who takes conveyance of the subject property from BCI . NOW, THEREFORE, for and in consideration of the mutual covenants hereinafter contained, to be performed by the parties hereto, City and BCI do hereby agree as follows : 1. Where used hereinafter in this agreement , the name BCI shall also be deemed and intended to include any assignee, lessee, or grantee of BCI that is a qualified industry as such is defined by the standard Industrial Classification Code (SIC) of the Industrial Annexation Policy of Wichita Falls , Texas , and all rights and responsibilities of BCI under this agreement shall be fully assignable to such party. 2 . City guarantees the continuation of the extraterritorial status of Subject Property, and its immunity from annexation by City for a period of seven (7) years from January 1st , 1979. 3. City will furnish water service to BCI on Subject Property at rates equal to 150% of the rates charged to users located within the City limits throughout the term of this con- tract, unless City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance , in which event BCI shall thereafter pay the same rates charged to users within the City limits . 4. City will furnish sanitary sewer service to BCI on Subject Property at rates equal to 150% of the rates charged to users located 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 BCI shall thereafter pay the same rates charged to users within the City limits . 5 . City will furnish solid waste collection and removal service to BCI on Subject Property 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 BCI shall thereafter pay the same rates charged to users within the City limits . 6. The water service, sanitary sewer service and solid waste collection service provided to BCI by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 7 . City will furnish fire protection service to BCI on Subject Property. 8. BCI will pay to City each year during the seven (7) years of this contract, as payment in lieu of taxes , an amount in cash equal to 2570 of that amount that their normal City taxes would have been that year had they been in the City limits . Each annual payment shall be made between October 15 and December 31 of each year; the first such payment in lieu of taxes shall be payable between October 15 and December 31 of 1979. In computing the amount that their taxes would be each year during this contract, 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 BCI. 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 BCI . d. The appraised value of the inventory shall be de- termined 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 assessed value to obtain the amount that the taxes would have been that year had the property been located within the City limits . The payment in lieu of taxes shall be 25% of the amount so computed. 9. 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. 10. In the event BCI should breach any of the provisions of this contract, 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. 11. City shall initiate proceeding to annex Subject Property into the City limits early enough to be able to complete such proceeding 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 , 1979. 13 . This agreement shall terminate and replace that Agreement previously entered regarding annexation of the subject property dated May 16, 1977, and approved by the Board of Aldermen of the City of Wichita Falls , by Council resolution number 1963, dated May 16, 1977. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the day of 1978. CITY OF WICHITA FALLS, TEXAS By: Gerald G. Fox City Manager ATTEST: City Clerk WICHITA FALLS BOARD OF COMMERCE AND INDUSTRY By: President ATTEST: Secretary r dated May 16, 1977 , and approved by the Board of Aldermen of the City of Wichita Falls , by Council resolution number 1963 , dated May 16, 1977 . IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the 20th day of September , 1978 . CITY OF WICHITA FALLS , TEXAS By: (2')rp...L.(,JLe)--qcrr.,k-lr ( ) v Gerd�fl G. Fox City Manager ATTEST: /) City Clerk WICHITA FALLS BOARD OF COMMERCE AND INDUSTRY By: 1 IA1 President ATTEST: FMK_ 10 , IP' Secretary fin; t y Exhibit A A tract of land out of the Thomas Curry Survey, A-345, Wichita County, Texas, and being more specifically described by metes and bounds as follows: Beginning at the point of intersection of the West right-of-way line of a 50 foot wide County Road and the centerline of Bacon Switch Road, said point bears West 360. 00 feet from the Northwest corner of Section 39, H. & H. G. R.R. Co. Survey, A-161, and an ell corner of said Thomas Curry Survey, for the Northeast corner and place of beginning of this description: Thence West 2100. 00 feet along said centerline of Bacon Switch Road to a point for the Northwest corner of this tract; Thence South 1264. 01 feet to a point for the Southwest corner of this tract; Thence East 2448.96 feet to a point in said West right-of-way line of County Road for the Southeast corner of this tract; Thence North 150 26' West 1311. 29 feet along said West right-of-way line of a 50' foot County Road to the Place of Beginning and containing 66.00 Acres, more or less.