Res 131-96 8/20/1996RESOLUTION NO. \31 -q'1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH THE SACRED HEART
CATHOLIC CHURCH TO PERMIT ENCROACHMENTS INTO THE
RIGHTS-OF-WAY OF HOLLIDAY AND NINTH STREETS; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS:
SECTION 1. That the City Manager be and is hereby authorized to execute an
encroachment agreement with the Sacred Heart Catholic Church for encroachments into the
rights-of-way of Holliday and Ninth Streets, Wichita Falls, Texas, the same described in the
encroachment agreement attached hereto as Exhibit "A" and made a part hereof for all
purposes.
SECTION 2. It is hereby found and determined that the meeting at which this
resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 20th day of August, 1996.
A Y
7/:(1
O R
ATTEST:
At
J City Clerk
EXHIBIT A
ENCROACHMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
THAT the City of Wichita Falls, Wichita County, Texas, hereinafter called Grantor, in
consideration of One Dollar ($1.00) and other good and valuable considerations to it in hand
paid, hereby grants to the Sacred Heart Catholic Church, hereinafter called Grantee, an
encroachment upon, over and across a portion of the Holliday and Ninth Street rights-of-way
situated in the County of Wichita, State of Texas.
This instrument shall be construed as conveying an encroachment to the Sacred Heart
Catholic Church, its successors and assigns, to construct certain improvements and structures
upon the Grantor's rights-of-way as described in that certain site plan and drawing attached as
Exhibits 1-3 and incorporated herein. Grantee shall save and hold harmless the Grantor from
any and all claims, damages, or liabilities associated with Grantee's installation and
maintenance of the improvements and structures upon Grantor's rights-of-way. Grantee, its
successors and assigns, agrees that should Grantor need to remove the improvements or
structures in order to construct or install public utilities or repair existing utilities, or perform
other work for a public purpose, within the described rights-of-way, such removal shall be at
the sole expense of Grantee, its successors or assigns.
TO HAVE AND TO HOLD the above-described encroachment unto the said Grantee,
its successors or assigns until the use of such rights-of-way shall be needed for public purpose
2
or the Grantor abandons said rights-of-way, in which event Grantee shall pay Grantor the fair
market value of the rights-of-way adjacent to its property.
EXECUTED this day of August, 1996.
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Sacred Heart Catholic Church
By:
Title: