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Res 1963 5/16/1977RESOLUTION NO. 1963 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 AND LOCKWOOD CORPORATION GUARANTEEING ITS IMMUNITY FROM ANNEXATION FOR A PERIOD OF FIVE 5) 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 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 Wichita Falls Board of Commerce & Industry and Lockwood Corporation, whereby the City guarantees the continuation of the ex- traterritorial status of the said tract of land more fully described in Exhibit A attached and its immunity from annexation by City for a period of Five (5) 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 16th DAY OF May 1977. MAYOR ' 9'1)4 ATTEST: CITY CLERK 1 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 Wichita Falls Board of Commerce & Industry, hereinafter called "BCI" and Lockwood Corporation, here- inafter called "Lockwood". WITNESSE TH : WHEREAS, BCI and Lockwood is the owner of a certain tract of land, herein- after called "Subject Property", ocated in Wichitaichita CoCounty, 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. 1963 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 BCI do hereby agree as follows: 1. City guarantees the continuation of the extraterritorial status of Sub- ject Property, and its immunity from annexation by City for a period of five (5) years from January 1st, 1977. 2. City will furnish water service to BCI and Lockwood on Subject Property at rates equal to 200% 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. 3. City will furnish sanitary sewer service to BCI and Lockwood on Subject Property at rates equal to 200% of the rates charged to users located within the City limits throughout the term of this contract, unless City's Board of Aldermen com- pletely eliminates the standard out-of-city additional charge established by ordinance, in which event BCI and Lockwood shall thereafter pay the same rates charged to users within the City limits. r 4. City will furnish solid waste collection and removal service to BCI and Lockwood on Subject Property at rates equal to 150% of the rates charged to commer- cial 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 there- after 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 BCI and Lockwood by the 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 BCI and Lockwood on Sub- ject Property. 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 BCI and Lockwood 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 the City to do so, then City shall have the right to terminate this contract, and to proceed to annex Subject Property. 9. City shall initiate proceeding to annex Subject Property into the City limits early enough to be able to complete such proceeding by December 31, 1981, and Subject Property shall be included on the tax rolls of City on January 1, 1982. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their duly authorized officers on this the 16th day of May 1977. CITY OF WICHITA FALLS, TEXAS BY: Gerald G Fox ATTEST: City Manager r City Cler WICHITA FALLS BOARD OF COMMERCE AND INDUSTRY f BY: i C l I6'1- AT EST: M- President. Secretary LOCKWOOD CORPORATION BY: President ATTEST: i I NI - Secretary 3- s r 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. This tract of land is also described as Bacon Switch Addition, Block 2, according to the plat of said subdivision recorded in the Plat Records of Wichita County, Texas.