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Res 169-83 9/6/1983 RESOLUTION NO._., RESOLUTION ACCEPTING FROM TEXAS ELECTRIC SERVICE COMPANY BILL OF SALE FOR STREET LIGHT FACILITIES USED IN CONVERTING TO HIGH PRESSURE SODIUM VAPOR STREET LIGHTING. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: THAT certain Bill of Sale, a copy of which is atta.ched hereto, whereby Texas Electric Service Company conveys to the City of Wichita Falls certain facilities used for the High Pressure Sodium street light system, is hereby accepted, and the City Manager is authorized to pay Texas Electric Service Company the sum of $9,365.00 for such Bill of Sale. PASSED AND APPROVED THIS the 6th day of September, 1983. Y O R 0000 ATTEST: r City Clerk Page of Pages Agenda. Item No._ I!E SILL OF SALE THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: I� COUNTY OF TARRANT That Texas Electric Service Company, a corporation having its principal office and place of �E business in Fort Worth, Tarrant County, Texas, hereinafter called "Seller" for and in consideration j I i of the sum of $ 9 , 365 to it in hand paid by The City of Wichita Falls , Texas whose address is Wichita Falls , Texas hereinafter called "Buyer", the receipt of which is hereby acknowledged and in further consideration of the I ' covenants by Buyer as hereinafter set forth, has Bargained, Sold, and Delivered and by these presents does Bargain, Sell and Deliver unto the said Buyer the following described personal property situated at Wichita Falls , Texas Texas, all hereinafter called "Equipment", to-wit: 77 Existing Street Lights and Associated Hardware at Locations as Attached ( Herewith: By acceptance hereof, Buyer acknowledges that Seller is not in the business of selling the Equipment and that Seller does so by this Bill of Sale only upon Buyer's specific request. Buyer has selected and examined the Equipment, understands that it is second hand and may not be func- tional for any purpose, and accepts same "as is." SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE CONDITION OF THE EQUIPMENT OR ITS MERCHANTABILITY OR FITNESS FOR ANY PURPOSE WHATEVER. As part of the consideration for this conveyance, Buyer hereby releases Seller from, and agrees to indemnify and hold Seller harmless against, all claims, demands and causes of action for injury to or death of persons and for damage to or destruction of property, whether arising in favor of Buyer or any third parties, including necessary legal fees and cost of defense, which might be asserted against Seller arising from or incident to the use of the Equipment by Buyer or by third parties, whether in privity with Buyer or not, and whether alleged or proved to be caused in whole j or in part by the negligence or fault of Seller or whether liability is claimed under the law of strict liability. Seller warrants title to the property against the lawful claims of every person whomsoever. EXECUTED THE day of , 1 g$_• TEXAS ELECTRIC SERVICE COMPANY BY ACCEPTED AND AGREED: Buyer E By Title �I CORPORATION ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME,the undersigned,a Notary Public in and for said County and State,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said TEXAS ELECTRIC SERVICE COMPANY a corporation,and that he executed the same as the act of such corporation for the purposes and consideration therein expressed,and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A.D. i9 (L.S.) Notary Public in and for Tarrant County,Texas c L O Z 7m e . LL ❑ �' ++ p Z O O Q -0 o U U) Q � y o ut w M cc M Q �l N 0 Cu U. LLIO I w O � l h ' LL ( L WI ❑ a o o m w LLJ � U En u_ ° m - � M Q O tjU n fi m � • Y I m It „z No. TYFE LOCATION 2 400 W mercury vapor luminaire , South side Broad St. bracket and circuit between 17th and 16th St. 3 400 W mercury vapor luminaire , South side Broad St bracket and circuit between l6th and 15th St. 15 400 W mercury vapor luminaire, South side Broad St. steel pole, bracket and circuit between 15th and 8th St. 13 400 W mercury vapor luminaire , North side Broad St. steel pole, bracket and circuit between 15th and 8th St. 1 400 W mercury vapor luminaire , East side of 10th St. steel pole, bracket and circuit at Broad Street 4 400 W mercury-vapor luminaire , West side of 12th St. steel pole, bracket and circuit between Broad and Holliday 13 400 W mercury vapor luminaire , South side of Holliday steel pole, bracket and circuit between 15th and 8th St. 1 400 W mercury vapor luninaire , West side of 12th St. North steel pole, bracket and circuit of Holliday St. 1 30' wood pole and circuit West side of 12th St. North of Holliday St. 5 400 W mercury vapor luminaire , North side of Holiday St. steel pole and circuit between 12th and 10th St. 6 400 W mercury vapor luminaire , North side of Holliday St. and associated circuit between 15th and 12th St. 4 400 'W mercury vapor luminaire , North side of Holliday St. and associated circuit between loth and 8th St. 2 400 W mercury vapor luminaire , East side of Brook St. steel pole, bracket and circuit North of Third St. 1 400 W mercury vapor luminaire , West side 2nd St. at wood pole, bracket and circuit Broad 1 175 'W mercury vapor luminaire , 'Test side 2nd St at 3rd St. 1 400 FW mercury vapor luminaire , 'Test side of 2nd St. 'lest of Plum 1 175 W mercury vapor luminaire, East side of Plum at 2nd wood pole and circuit St. 1 175 W mercury vapor luminaire, Northwest quadrant of 3rd and Plum St. 1 175 W mercury vapor luminaire, Northwest quadrant of 3rd and Bluff St. 1 35' wood pole and associated . North side of 4th St. East circuit of Bluff St. 1 175 W mercury vapor luminaire , Northeast quadrant of 4th wood pole and circuit and Bluff St. 1 175 W mercury vapor luminaire , Northwest quadrant of 4th wood pole and circuit and Broad St.