Loading...
Res 1896 12/7/1976F RESOLUTION NO. //9 RESOLUTION DESIGNATING A TRACT OUT OF DENTON COUNTY SCHOOL LANDS, LEAGUE 2 , AS AN INDUS- TRIAL DISTRICT, AND APPROVING A CONTRACT WITH TEXAS ELECTRIC SERVICE COMPANY GUARANTEEING ITS IMMUNITY 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 Texas Electric Service Company, whereby the City guar- antees 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. A Y O RL 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 Texas Electric Service Company, hereinafter called "TESCO". WITNESSETH: WHEREAS, TESCO 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. (,t/ '% 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 covenants herein- after contained to be performed by the parties hereto, City and TESCO 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 TESCO 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 TESCO shall thereafter pay the same rates charged to users within the City limits. 3. City will furnish sanitary sewer service to TESCO 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 City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event TESCO shall thereafter pay the same rates charged to users within the City limits. 4. City will furnish solid waste collection and removal service to TESCO on Subject Property at rates equal to 125% of the rates charged to commercial and business establishments within the City limits throu g hout the term of thiss contract, unless City's Board of Aldermen completely eliminates the standard out-of-city additional charge established by ordinance, in which event TESCO 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 TESCO by City shall be subject to the ordinances of City as presently existing and as may be hereinafter amended. 6. City will furnish fire protection service to TESCO on Subject Property. 7. TESCO will Pay to City each year during the seven (7) years of this con- tract, as payment in lieu of taxes, an amount in cash equal to 25c;, 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 Decem- ber 31 of 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 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 TESCO. 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 pro- perty, whcih cost figures have been furnished to City by TESCO. 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 assessed value to obtain the amount that the taxes would have been that year had the pro- perty 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 con- nection with any paving, curb and gutter, or other improvement liens which may be assessed against Subject Property. 9. In the event TESCO 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 pro- ceed 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 proceeding by December 31, 1983, and Sub- ject Property shall be included on the tax rolls of City on January 1, 1984. 11. This contract shall be effective as of January 1, 1977. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the '714., day of 6 197k. CITY OF WICHITA FALLS, TEXAS BY: Gerald G. Fox City Manager ATTEST: City Clerk TEXAS ELECTRIC SERVICE COMPANY BY: ATTEST: 2- V EXHIBIT A TESCO Tract Being located in Denton County School Lands, League 2, A-57, Wichita County,Texas, more fully described as follows: Beginning at a point which is S 89° 59' 10" W 359. 50 feet from the intersection of the east line of Block 1, Denton County School Land, League 2, with the north right-of-way line of FM Hwy 369; Thence N 00° 07' 38" W 816. 38 feet to the southeast right-of-way line of the Fort Worth and Denver Railroad; Thence N 57° 12' 22" E along said southeast right-of-way line to its intersection with the east line of said Block 1, Denton County School Land, League 2; Thence southerly with said east line of Denton County School Land, League 2, Block 1 to its intersection with the present city limits line as described in Ordinance 2598; Thence westerly along the said present city limits, parallel to and 200 feet north of the north right-of-way line of FM Hwy 369 to an ell corner in said city limits line, said point being 200 feet west of the west right-of-way line of Gregg Road extended; Thence south along said city limits a distance of 200 feet to the north right-of- way line of FM Hwy 369; Thence south 89° 59' 10" W along the north right-of-way line of FM Hwy 369 to the point of beginning and containing 6. 7 acres more or less.