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Res 2003 9/6/1977s ' . RESOLUTION NO. 2003 RESOLUTION DESIGNATING A CERTAIN TRACT OF LAND LOCATED IN WICHITA COUNTY, AS AN IN- DUSTRIAL DISTRICT, AND APPROVING A CONTRACT WITH GENERAL MOTORS CORPORATION GUARANTEE- ING 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. That a 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 General Motors Corporation, 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 period of seven (7) years from January 1st, 1978, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE 6th DAY OF September 1977. MAYOR 174/ 4i>.) ATTEST: 1241/ ' CITY CLERK EXHIBIT A A tract of land out of the S. T. Bell Survey, A-634, and the H. G. Horn Survey, A-100, Wichita County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at the occupied Southwest corner of said S. T. Bell Survey, A-634, said point also being the occupied Northwest corner of the Thomas Curry Survey, A-345, and the Northwest corner of Bacon Switch Addition, Block 1, an addition to Wichita County, Texas, said point being the Southwest corner and place of beginning of the herein described tract; THENCE North 00° 02' West along the occupied West line of said S. T. Bell Survey, A-634, at 388.90 feet pass the Northwest corner of said Bell Survey, in all a distance of 1690.24 feet to a point for the Northwest corner of this tract; THENCE South 89° 59' East 2344.97 feet to a point in the West right-of-way line of the M-K-T R. R. for the Northeast corner of this tract; THENCE South 15° 24' East 1753.26 feet along said West right-of-way line of M-K-T R. R. to its point of intersection with the South line of said S. T. Bell Sur- vey for the Southeast corner of this tract; THENCE North 89° 59' West 2809.33 feet along said South line of the S. T. Bell Survey to the place of beginning and containing 100. 00 acres, or 4,356,000 square feet, more or less. t crivt".-44,6 4.4 oo r-G- '7 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 General Motors Corporation, hereinafter called "GM". WIT NE SSETH : WHEREAS, GM 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. 2003 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 GM 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 seven (7) years from January 1st, 1978. 2. City will furnish water service to GM 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 GM shall thereafter pay the same rates charged to users within the City limits. 3. City will furnish sanitary sewer service to GM 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 GM shall thereafter pay the same rates charged to users within the City limits. I ' 4. City will furnish solid waste collection and removal service to GM 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 GM shall thereafter pay the same rates charged to users within the City limits. 5. The water service, sanitary sewer service and solid waste collec- tion service provided to GM 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 GM on Subject Property. 7. GM 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 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 payable between Oct- ober 15 and December 31 of 1978. 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 improve- ments, which cost figures have been furnished to City by GM. c. The appraised value of the machinery, equipment and other personal property except for inventory shall be, throughout the term of this con- tract, 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 GM. 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. 2- 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. 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 GM 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. 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, 1984, and Subject Property shall be included on the tax rolls of City on January 1, 1985. 11. This contract shall be effective as of January 1, 1978. IN WITNESS WHEREOF, the parties hereto have caused this contract to be 7zh executed by their duly authorized officers on this the -39thday of dune , 1977. CITY OF WICHITA FALLS, TEXAS zc cc0 BY:m Ger G. Fox M o City Manager cnz o ATTEST:z c City Clerk GENERAL MOTORS CORPORATION OE% BY: I A ova Vi = President TTEST: s s tant Secretary EXHIBIT A A tract of land out of the S. T. Bell Survey, A-634, and the H. G. Horn Survey, A-100, Wichita County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at the occupied Southwest corner of said S. T. Bell Survey, A-634, said point also being the occupied Northwest corner of the Thomas Curry Survey, A-345, and the Northwest corner of Bacon Switch Addition, Block 1, an addition to Wichita County, Texas, said point being the Southwest corner and place of beginning of the herein described tract; THENCE North 00° 02' West along the occupied West line of said S. T. Bell Survey, A-634, at 388. 90 feet pass the Northwest corner of said Bell Survey, in all a distance of 1690.24 feet to a point for the Northwest corner of this tract; THENCE South 89° 59' East 2344.97 feet to a point in the West right-of-way line of the M-K-T R. R. for the Northeast corner of this tract; THENCE South 15° 24' East 1753.26 feet along said West right-of-way line of M-K-T R. R. to its point of intersection with the South line of said S. T. Bell Sur- vey for the Southeast corner of this tract; THENCE North 89° 59' West 2809. 33 feet along said South line of the S. T. Bell Survey to the place of beginning and containing 100. 00 acres, or 4,356,000 square feet, more or less.