Res 1198 6/1/1971RESOLUTION NO. ///9/
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain agreement between the City of Wichita Falls
and the Texas Highway Department, a copy of which is attached hereto,
regarding use by the City for park purposes of state owned land
north of Lucy Park, is hereby approved, and the City Manager is
authorized to execute the same for the City.
PASSED AND APPROVED THIS the 1st day of June, 1971.
MAYORAYOR
ATTEST:
City Clerk
AGREEMENT
This agreement entered the day of 1971, by and
between the City of Wichita Falls, Texas, (hereinafter sometimes
called City) and tike Texas Highway Department, with its District 3
offices in Wichita Falls, Texas (hereinafter sometimes referred to as
Highway Department).
Whereas, the State of Texas, acting through the Highway Department, is
the owner or has full right of possession of the properties described
in Exhibits A and B, attached hereto and made apart hereof the same
as if fully set out herein, and hereinafter called Subject Property;
and,
Whereas, City desires to make temporary use of Subject Property as a
city park.
Now, therefore, in consideration of the premises, mutual benefits and
hereinafter stated covenants, City and Highway Department agree as
follows:
1-. Highway Department agrees to grant City, and invitees of
said City the temporary right and privilege of using Sub-
ject Property for city park purposes, including temporaryinstallationofequipment, and the establishment of an informal
arboretum and nature trails in the area.
2. City agrees to use and maintain Subject Property for city
park purposes and does hereby release and forever discharge
the Highway Department and State of Texas from any and all
claims, demands, rights, causes of action of any kind or
nature arising out of the use of said property by spectators,
participants, members of the public, or arising out of vehicles
proceeding to or. from Subject Property for the use aforesaid, •
and further to defend and hold the said Highway Department
and State of Texas harmless from any such claims or causes
of action. City agrees to remove any and all of its equip-
ment upon termination of its use and occupancy of Subject
Property.
3. It is understood and agreed the term of this agreement and
permit is temporary and may be cancelled for any reason by
either party upon written notice to the other party at the
address stated below.
Executed this _ day of 1971.
City of Wichita Falls, Texas
Parks and Recreation Department
P.O. Box 1431
Wichita Falls, Texas 76307
APPROVED AS TO FORM:
City Manager
City Attorney
APPROVED:
Texas Highway Department
Chief Engineer of Maintenance Operations
Authority for execution is accomplished
under Minute Order No.
Approval Recommended: Certified as being executed for the purpose
and effect of activating and/or carrying out
the orders, established policies, or work
programs heretofore approved and authorized
by the State Highway Commission.
Frank Ragland, Dist. Maint. Engr.
L. B. Dean, District Engineer
Texas Highway Department
P.O. Box 660
Wichita Falls, Texas 76307
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