Res 1360 10/31/1972RESOLUTION NO. //j6 '
RESOLUTION DETERMINING NECESSITY AND AUTHOR-
IZING PURCHASE OR CONDEMNATION OF FLOWAGE
EASEMENT FOR LAKE KEMP ON LAND OWNED BY
WILMER GLEGHORN IN BAYLOR COUNTY, TEXAS.
WHEREAS, The City of Wichita Falls and Wichita County
Water Improvement District No.2 have contracted with the
United States of America for the reconstruction of Lake Kemp
in Baylor County, Texas; and,
WHEREAS, the City and Water District have heretofore
acquired a flowage easement on the lands owned by Wilmer
Gleghorn on the Wichita River in Baylor County up to eleva-
tion 1153. 5 feet above mean sea level, and it is necessary
to acquire a flowage easement up to elevation 1163 feet on
the said Wilmer Gleghorn' s lands; and,
WHEREAS, the Board of Aldermen of the City of Wichita
Falls, together with the board of directors of Wichita County
Water Improvement District No. 2, authorized Mr. L. D. (Jack)
Jones, Jr. of Seymour, Texas, to attempt to purchase for them
such flowage easement from Mr. Gleghorn for a price of $5000.00;
and,
WHEREAS, Mr. Jones has been unable to negotiate a purchase
of such easement from Mr. Gleghorn.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. In order to reconstruct Lake Kemp, for the pur-
pose of impounding water for municipal, irrigation and other
authorized purposes and for flood control, it is necessary to
acquire a flowage easement, on which structures for human habi-
tation will not be permitted, over, across and upon the land
located below elevation 1163 feet m.s. l. out of the following
described lands in Baylor County, Texas:
All of those certain tracts or parcels of land
out of the B.R. Milam Survey, Abstract No. 275
and the B. R. Milam Survey, Abstract No. 276,
being the same land conveyed by Finis J. Hulse
and wife, Mae Belle Hulse to Wilmer Gleghorn
by warranty deed dated the 6th day of January,
1950, and recorded in Vol. 118, Page 29, Deed
Records of Baylor County, Texas, reference to
which is here made for all purposes.
The City and Water Districts will also have the right to remove
or prevent the construction of any buildings or structures
which will, in their sole judgment, interfere with the efficiency,
safety and convenient operation of Lake Kemp and those using it.
SECTION 2. Mr. L. D. (Jack) Jones, Jr. is authorized to
purchase such easement from Mr. Gleghorn for the City and Water
District for a purchase price of $5000.00; any previous attempts
by Mr. Jones to purchase such easement from Mr. Gleghorn for this
price are hereby ratified.
SECTION 3. In the event the City and Water District are un-
able to purchase this easement from Mr. Gleghorn for this price,
then the City Manager is authorized and directed to proceed with
Wichita County Water Improvement District No.2 to institute con-
demnation proceedings against Mr. Wilmer Gleghorn to acquire
such easements.
PASSED AND APPROVED THIS 31ST DAY OF OCTOBER, 1972.
M A Y O R
ATTEST:
City Clerk