Res 1895 12/7/19767,______
RESOLUTION NO. /
f51
RESOLUTION DESIGNATING A TRACT OUT OF DENTON
COUNTY SCHOOL LANDS, LEAGUE 2, AS AN INDUS-
TRIAL DISTRICT, AND APPROVING A CONTRACT WITH
JOHN R. VITEK AND WIFE GUARANTEEING ITS IMMUN-
ITY FROM ANNEXATION FOR SEVEN YEARS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS , TEXAS, THAT:
SECTION 1. That certain tract of land out of Denton
County School Lands, League 2 , a description of which
is shown on Exhibit A to the attached contract, being a
part of the area located in the extraterritorial juris-
diction 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 John R. Vitek and wife, whereby the City guarantees
the continuation of the extraterritorial status of said
tract of land and its immunity from annexation by the
City for a period of seven years from January 1st, 1977 ,
is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the 7th day of December,
1976.
M A Y 0 '
ATTEST:
City Clerk
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 , hereinafter called
"City" , and John R. Vitek and Doris J . Vitek, hereinafter called
"The Viteks" .
WITNESSETH:
WHEREAS , The Viteks are the owners 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
which land has been leased by the Viteks to American Resin &
Chemical Corporation; and ,
WHEREAS , the Board of Aldermen of City has , by Resolution
No . 1895 , 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 co-
venants hereinafter contained to be performed by the parties here-
to , City and The Viteks 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 seven (7) years from January 1st , 1977 .
2 . City will furnish water service to The Viteks 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 The Viteks shall thereafter pay the same rates
charged to users within the City limits .
3 . City will furnish sanitary sewer service to The Viteks
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 The Viteks shall thereafter pay the same rates charged
to users within the City limits .
4 . City will furnish solid waste collection and removal
service to The Viteks on Subject Property at rates equal to 125%
of the rates charged to commercial and business establishments with-
in 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
The Viteks shall thereafter pay the same rates charged to users
within the City limits .
5 . The water service , sanitary sewer service and solid waste
collection service provided to The Viteks by City shall be sub-
ject to the ordinances of City as presently existing and as may
be hereinafter amended.
6 . City will furnish fire protection service to The Viteks
on Subject Property.
• 7 . The Viteks 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 25% 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 pay-
able between October 15 and December 31 , 1977 . 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 intial appraisal of the buildings and other improve-
ments 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 The Viteks .
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 The Viteks .
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 ration 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 .
8 . 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.
9 . In the event The Viteks should breach any of the pro-
vision 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.
10. City shall initiate proceeding to annex Subject Property
into the City limits early enough to be able to complete such pro-
ceeding by December 31, 1983 , and Subject Property shall be in-
cluded on the tax rolls of City on January 1 , 1984 .
11. . This contract shall be effective as of January 1 , 1977 .
12 . This agreement shall be binding upon and inure to the
benefit of the heirs , executors , administrators , successors and
assigns of the respective parties hereto . Any such heir , executor ,
administrator, successor , or assign shall execute a contract iden-
tical to this instrument with the City for the balance of the
seven year term remaining and uncompleted as of the date such heir ,
executor , administrator , successor , or assign shall receive or
be entitled to receive possession of the subject property .
IN WITNESS WHEREOF, the parties hereto have caused this con-
trac9t toe executed by their duly authorized officers on this
the � day of Nput A., bQ r , 1976.
CITY OF WICHITA FALLS , TEXAS
111
By:
Ge d G. Fox
City Manager
ATTEST :
0414-dyCity Clerk
C7p01//id
John R. Vitek
Doris J . Vitek ,
ATTEST :
I. •
EXHIBIT A
Being located in Denton County School Lands, League 2, A-57, Wichita County,
Texas, more fully described as follows:
Beginning at the southwest corner of a 7. 76 acre tract heretofore conveyed to
Jack C. Wessler, Trustee, by deed recorded in Vol. 1082, page 98, Deed Re-
cords of Wichita County, Texas; said point being in the north right-of-way line of
FM Hwy No. 369, said point being S 89° 59' 10" W 359.50 feet from the east line
of Block 1, League 2, Denton County School Land;
Thence S 890 59' 10" W along the north right-of-way line of said FM Hwy No. 369,
parallel with and 60. 0 feet at right angles from the center line of said Highway,
1269.36 feet to the intersection of said Highway right-of-way line with the south-
east right-of-way line of the Fort Worth and Denver Railroad;
Thence N 57° 12' 22" E along the southeast right-of-way line of said railroad,
parallel with and 50. 0 feet at right angles from the center line of said railroad,
a distance of 1507. 86 feet to the northwest corner of the Wessler 7. 76 acre tract;
Thence S 00° 07' 38" E along the west line of said 7. 76 acre tract 816.38 feet to
the place of beginning and containing 11. 894 acres of land.
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