Res 076-83 4/19/1983RESOLUTION NO. Z-15
RESOLUTION APPROVING RIGHT-OF-WAY EASEMENT AND
SERVICE AGREEMENT WITH WICHITA VALLEY WATER
SUPPLY CORPORATION, FOR WATER SERVICE TO THE NEW
SANITARY LANDFILL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS ,
TEXAS , THAT:
That certain right-of-way easement, a copy of which is attached
hereto, from the City of Wichita Falls to Wichita Valley Water
Supply Corporation, and that certain service agreement, a copy of
which is attached hereto, between the City and Wichita Valley Water
Supply Corporation, are hereby approved, and the execution of such
easement and agreement by the City Manager is hereby approved.
PASSED AND APPROVED this the 19th day of April, 1983 .
v A 0 R
ATTEST:
City Clerk
SERVICE AGREEMENT
AGREEMENT made this 11 day of April 1983 I9, between,
Wichita Valley Water Supply Corporation , a corporation organized under the laws of the
State of Texas (hereinafter called the Corporation) and City of Wichita Falls
P.O. Box 1431 Wichita Falls, Texas 76307
hereinafter called the Member)
WI tnesse the
The Corporation agrees to sell and deliver water to the Member and Member agrees
to purchase and receive water from the Corporation, in accordance with the bylaws and rules
and regulations of the Corporation as amended from time to time by the Corporation.
The Member shall pay the Corporation for service hereunder at the rates and upon
the terms and conditions set forth in the rate schedule adopted from time to time by the
Corporation's Board of Directors.
The Board of Directors shall have the authority to sell the membership of any member
in the event of nonpayment of any charges of assessments owing by said member within thirty
30) days after demand for payment by mail, properly addressed to such delinquent Member.
The proceeds of any sale of membership over and above the amount due the Corporation shall
be paid to the delinquent Member. In lieu of such sale of membership, the Board of Directors
may purchase the membership on behalf of the Corporation at a price determined by the Board
to be fair value of the membership, provided that in the event of either a sale of the membership
or the purchase thereof by the Corporation the proceeds shall first be applied to the payment
of any indebtedness due the Corporation by the delinquent Member.
In the event the Member shall breach this agreement by (1) refusing or failing,
without just cause, to connect to the Corporation's facility and use same as soon as the
facility is available, or (2) refusing or failing, without just cause, to pay the minimum monthly
water rate as established by the corporation, upon the occurrence of either of said events the
Member agrees to pay the Corporation a lump sum of Three Hundred Dollars ($300.00) as
liquidated damages.
All water shall be metered by meters to be furnished and installed by the Corporation.
The meter and/or connection is for the sole use of the member or customer and is to serve water
to only one dwelling or only one business, and does not permit the extension of pipe or pipes
to transfer water from one property to another, nor share, resell, or sub-meter water to any
other persons, dwelling, business, property, etc.
In the event the total water supply be insufficient to meet all of the needs of the
Members, or in the event there is a shortage of water the Corporation may prorate the water
available among the various Members on such basis as is deemed equitable by the Board of
Directors, and may also prescribe a schedule of hours covering the use of water for garden
purposes by particular Members and rW(;uire adherence thereto to prohibit the use of water
for garden purposes; provided that, if any any time the total water supply be insufficient
to all of the needs of all Members, the Corporation must first satisfy all of the needs of all
Members for domestic purposes before supplying any water for livestock purposes and must
satisfy all the needs of the Members for both domestic and livestock purposes before supplying
any water for garden purposes.
The Member shall install at his own expense a service line from the meter to the
point of use. Any additions from the existing water supply to the meter will be preformed
at the Member's cost and once this line is laid it will become the property of the Corporation
and to be maintained by the Corporation. Final inspection must be made by the Corporation
before meter can be placed into use. All additions must be at a depth of at lease 30 inches
on private easements secured by the new member and only P.V.C. class 200 plastic pipe
used.
The Member shall hold the Corporation harmless from any and all claims or
demands for damage to real or personal property occurring from the point the Member ties
on to the water meter to the final destination of the line installed by Member. The Member
agrees to grant to the Corporation an easement of right-of-way for the purpose of installing,
maintaining and operating such pipe lines, meters, valves, and any other equipment which
may be deemed necessary for the Corporation on such form as is required by the Corporation.
The Corporation shall have the right to locate water service meter and pipe
necessary to connect the meter on the property of the Members at a point to be chosen by
the Corporation, and shall have access to its property and equipment located upon Member's
premises at all reasonable times for any purpose connected with or in the furtherance of its
business operations, and upon discontinuance of service shall have the right to remove any
of its property from the Member's premises.
Member
Acting City Manager
ACCEPTED AND APPROVED City of Wichita Falls , Texas
President
i.,.1 . L I l , 1_1 qk Iti11'- , 01 A,_,1.,l( Li.I l:kL
Form FHA 442-20 FARMERS HOME ADMINISTRATION
3-4-68)
KIGIIT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That in consideration of One Dollar ($1.00) and other good and valuable consideration paid to 1666....
the City of Wichita Falls and
4'
hereinafter referred to as GRANTOR, by Wichita Val]ev Water Supply Corporation
hereinafter referred to as GRANTEE, the receipt of which is hereby acknowledged, the GRANTOR does hereby grant,
bargain, sell, transfer, and convey unto the GRANTEE, its successor and assigns, a perpetual easement with the right itoerect, construct, install, and lay, and thereafter use, operate, inspect, repair, maintain, replace, and remove q
1
Potable water line
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over, across, and through the land of the GRANTOR situate in Wichita County,
i
State of Texas said land being described as follows:f
39. 56 acre tract out of Block 13, South Side Farms Subdivision as recorded F
in Volume 1373. Page 848, Wichita County Deed Records.
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together with the right of ingress and egress over the adjacent lands of the GRANTOR, his successors and assigns, for
the purposes of this easement.
The easement shall be 15 feet in width, the center line of which is described as follows:
the centerline of the pipeline as laid. 1.
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The consideration hereinabove recited shall constitute payment in full for any damages to the land of the GRANTOR, r'` `
his successors and assigns, by reason of the installation, operation, and maintenance of the structures or improvements
referred to herein. The GRANTEE covenants to maintain the easement in good repair so that no unreasonable damage
will result from its use to the adjacent land of the GRANTOR, his successors and assigns.
tr: -
The grant and other provisions of this easement shall constitute a covenant running with the land for the benefit of k•
the GRANTEE, its successors and assigns. r::,
IN WITNESS WHEREOF, the GRANTORS have executed this instrument this 11th day of April t,
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1111
4. ..**LINDATHOPAAS Acting City anager
Notary Public,State of TC S
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FHA 442-20 3 a T6s)
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