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Res 718 7/10/1967I rf 9. RESOLUTION NO. 7/If BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Those certain Lake Arrowhead Rules and Regulations, a copy of which is hereto attached, are hereby approved and adopted by the City of Wichita Falls . PASSED AND APPROVED this the 10th day of July, 1967 . MAYOR A T T E S T: 4 ' City Clerk 0 LAKE ARROWHEAD RULES AND REGULATIONS A. IN ORDER TO PROVIDE FOR PERIODIC FLOODS WHICH WILL INUNDATE AREAS ABOVE THE SPILLWAY( ELEVATION OF 926.0 FEET) THE CITY OF WICHITA FALLS HAS ACQUIRED LAND AREAS UP TO THE "TAKE LINE" ELEVATION OF 930 FEET. IT IS POINTED OUT THAT THE "TAKE LINE") HEREINAFTER REFERRED TO AS 930 FOOT FLOOD LINE ELEVA•- TION, HAS BEEN ESTABLISHED AS FAR AS ENGINEERINGLY PRACTICABLE TO THE 930 FOOT CONTOUR ELEVATION. SURVEYING LIMITATIONS, HOWEVER, HAVE REQUIRED THAT THE "TAKE LINE" WAS ESTABLISHED AS THE LINE BELOW WHICH PROPERTY WAS RE- QUIRED FOR FUTURE FLOODING CONDITIONS. B. LIMITED USE PERMITS ON CITY OF WICHITA FALLS OWNED PROPERTY BETWEEN 930 FOOT FLOOD LINE ELEVATION AND WATER LEVEL IN LAKE ARROWHEAD. I . IT SHALL BE THE POLICY OF THE CITY OF WICHITA FALLS THAT ADJACENT PROPERTY OWNER OR CITY CONCESSIONAIRE WHERE APPLICABLE, MAY HAVE THE RIGHT TO LIMITED USE OF THE AREA BETWEEN THE 930 FOOT FLOOD LINE ELEVATION AND THE WATER LEVEL PROVIDING THAT ALL RULES AND REGULATIONS, PRESCRIBED FEES, RESTRICTIONS AND RESERVATIONS INCLUDING WAIVER OF ANY CLAIMS AGAINST THE CITY OF WICHITA FALLS FOR DAIM GES, ARE AGREED TO BY OWNER OR CONCESSION AIRE IN WRITING. BOAT HOUSES AND DOCKS WILL BE PERMITTED BELOW THE 930 FOOT CONTOUR ONLY WHEN WRITTEN PERMISSION HAS BEEN GIVEN BY THE CITY OF WICHITA FALLS. 2. IN THE CASE OF A PENDING PERMIT OR AGREEMENT FOR CITY OF WICHITA FALLS PROPERTY FOR ANY PURPOSE, PUBLIC, COMMERCIAL OR PRIVATE, AGREEMENT IN WRITING AS SPECIFIED IN "I " ABOVE SHALL CONSTITUTE A NECESSARY CONDI - TION OF THE LEASE. 3. APPLICATIONS FOR LIMITED USE PERMITS SHALL BE MADE ON PROPER FORMS OETAINABLE AT PARK DEPARTMENT OFFICE. 4+. PRIVATE LIMITED USE PERMITS FOR A LIMITED SUPPLY OF RAW WATER MAY BE OBTAINED FOR WITHDRAWAL OF RAW WATER FROM LAKE ARROWHEADS FOR PERSONAL 9 AND PRIVATE USES ON THEIR OWN PREMISES ADJACENT TO LAKE ARROWHEAD PROPERTY PROVIDING AND IN ADDITION TO OBSERVING THE FOLLOWING CONDITIONS AND REQUIRE- VENTS. A. WRITTEN APPROVAL HAS BEEN SECURED FROM THE CITY OF WICHITA FALLS. 6. CURRENT LIMITED USE PERMITS FEE HAS BEEN PAID. C. THE RATE FOR CHLORINATED WATER AS THE CASE MAY BE $1 .00 A MONTH FOR AN OFF WATER FRONT LOTS $1 .50 PER MONTH FOR A 75 FOOT WATER FRONT LOT, OR 2.00 PER MONTH FOR A 100 FOOT WATER FRONT LOT, HAS BEEN PAID FOR TWELVE ( 12) MONTHS IN ADVANCE. 11D. WATER WITHDRAWAL SHALL BE MADE WITH A PUMP NOT LARGER THAN 3/'t H.P. WITH A MAXIMUM ONE ( I ) INCH DISCHARGE LINE. E. THE CITY OF WICHITA FALLS SHALL NOT BE RESPONSIBLE FOR AVA.ILA- BILITY) PURITY, QUALITY, QUANTITY OR REGULARITY OF FLOW AT ANY TIME OF RAW WATER. IT EXPRESSLY RECOGNIZED THAT THIS RAW WATER USE IS SUBORDINATE TO PRESENT AND FUTURE MUNICIPALS AND INDUSTRIAL USES. F. RAW WATER USER SHALL HOLD THE CITY OF WICHITA FALLS HARMLESS FROM ANY DIRECT OR INDIRECT DAMAGES INJURIES OR ILLINESS THAT MIGHT OCCUR FROM USE OF SUCH RAW WATER OR FROM THE WATER SYSTEM. G. WATER WITHDRAWN SHALL BE FOR THE PERSONAL AND PRIVATE USE OF 1 THE PERMITTEE, FAMILY, AND GUESTS ON HIS PREMISES ONLY AND IN NO EVENT SHALL SUCH WATER BE USED FOR COMMERCIAL PURPOSES. 11 LIMITED USE PERMITS BETWEEN 930 FOOT FLOOD LINE ELEVATION AND WATER LEVEL IN LAKE ARRQWHEAD. A. GENERAL 1 . ALL CITY OF WICHITA FALLS OWNED LANDS WHICH SURROUND THE RESERVOIR BELOW THE 930 FOOT FLOOD ELEVATION ARE SUBJECT TO FLOODING AND MAY BE USED 0 FOR PERMANENT STRUCTURES BY PERMIT ONLY. 2. NEVERTHELESS, DURING MOST OF THE TIME AN AREA OF DRY LAND WILL BE IN EVIDENCE BELOW THE 930 FOOT FLOOD ELEVATION TO THE WATER LEVEL. IN ORDER THAT PRIVATE LANDOWNERS MAY HAVE USE OF THIS PROPERTY AS3. A MEANS OF GETTING TO THE LAKE SURFACE, LIMITED USE PERMITS WILL BE ISSUED BY THE CITY OF WICHITA FALLS TO ADJACENT PROPERTY OWNERS WHEN THE TERMS, , FEES CONDITIONS AND INSTRUCTIONS ESTABLISHED ARE AGREED TO IN WRITING. 4+. VISITORS TO THE CITY OF WICHITA FALLS PARKS ON LAKE ARROWHEAD MAY ALSO HAVE PERMISSIVE USE THROUGH AND ACROSS THE ADJACENT FLOOD PLANE IN ORDER TO HAVE ACCESS TO THE LAKE SURFACE, AND LIMITED USE PERMITS MAY BE ISSUED TO CONCESSIONAIRES WITHIN SUCH PARK AREAS, THE ACCEPTANCE OF REGULATIONS, FEES AND CHARGES PERTAINING THERETO, BEING AN INTEGERAL PART OF THE PERMIT AND/OR CONCESSION CONTRACTS ENTERED INTO BY THE CITY OF WICHITA FALLS. 5. PRIVATE LOT OWNERS, PUBLIC AGENCIES, ORGANIZATIONS AND BUSINESS iESTABLISHMENTSIPLANNING TO LOCATE OR LOCATED ON PROPERTY ABOVE THE 930 FOOT FLOOD LINE ELEVATION NOT OWNED BY THE CITY OF WICHITA FALLS MAY BE ISSUED LIMITED USE PERMITS ON THE AREA DOWN TO THE WATER LEVEL ON PAYMENT OF PRESCRIBED FEES THEREFOR, AND PROVIDING SUCH PRIVATE LOT OWNERS, AGENCIES OR ORGANIZATIONS AGREE TO ABIDE BY THE RULES AND REGULATIONS GOVERNING SUCH PERMIT COVERING CITY OF WICHITA FALLS PROPERTY. 6. ALL OWNERS OR LESSEES OF LANDS AROUND LAKE ARROWHEAD ABUTTING THE CITY OF WICHITA FALLS PROPERTY LINE AT THE 930 FOOT FLOOD LINE ELEVATION, INCLUDING PRI'VATE, INDIVIDUAL BUSINESS, COMMERCIAL, ORGANIZATION AND DE- VELOPERS OF REAL ESTATE SUBDIVISIONS, WHO DESIRE TO ALTER, CHANGE OR REALIGN THE LAKE WATER LINE ON CITY OF WICHITA FALLS PROPERTY BY CHANNELING, DIGGING, SCRAPING OR MOVING OF EARTH, IN ORDER TO BRING THE WATER LEVEL CLOSER TO THEIR PROPERTY LIME AND/OR TO DEEPEN SUCH CHANNEL FOR BOATING, WATER INTAKES, TC., MUST FIRST FILE APPLICATION WITH PLANS WITH THE CITY OF WICHITA FALLS AND MUST OBTAIN WRITTEN APPROVAL BY PERMIT PRIOR TO DOING ANY WORK OF THIS TYPE. A WHEN IT HAS BEEN DETERMINED BY THE CITY OF WICHITA FALLS THAT SUCH PLANS ARE IN ORDER, APPROVAL MAY BE GIVEN AND A LIMITED USE PERMIT ISSUED TO PRIVATE . INDIVIDUAL, BUSINESS, COMMERICAL AND/OR ORGANIZATION PROPERTY OWNER OR LESSEE. IN THE CASE OF REAL ESTATE DEVELOPERS, A LIMITED USE PERMIT WILL BE ISSUED FOR A PERIOD OF ONE YEAR ON RECEIPT OF PROPER APPLICATION THEREFOR AND PAY- MENT OF PRESCRIBED PERMIT FEES. UNDER NO CIRCUMSTANCES WILL PERMISSION BE GIVEN TO DIG OR CUT CHANNELS ACROSS THE 930 FOOT FLOOD LINE ELEVATION. AS A GENERAL RULE, FILLING WILL NOT BE ALLOWED BETWEEN THE 926 AND THE 930 FEET CONTOUR ELEVATIONS UNLESS PROPER BULKHEADS ARE INSTALLED AND MAIN- TAINED. PLANS FOR SUCH BULKHEADING MUST BE RECEIVED AND APPROVED IN WRITING BY THE CITY OF WICHITA FALLS PRIOR TO ANY CONSTRUCTION BEING PERMITTED. DEVELOPERS,I AUTHORIZED BY LIMITED PERMITS, ALLOWED TO DIG, CUT, OR OTHER— W SE CONSTRUCT SUCH CHANNELS ON CITY OWNED PROPERTY IN ORDER TO ENHANCE THE VALUE OF LOTS WITHIN THEIR SUBDIVISION WILL AGREE TO NOTIFY LOT PURCHASER THAT THEY WILL BE REQUIRED TO OBTAIN THEIR OWN PRIVATE LIMITED USE PERMITS FROM THE CITY OF WICHITA FALLS AFTER EXPIRATION OF DEVELOPERS ' PERMITS IN ORDER TO HAVE CONTINUED USE OF ADJACENT PROPERTY OWNED BY THE CITY OF WICHITA FALLS. B. TYPES OF PERMITS ISSUED OM AUTHORITY OWNED LAND BETWEEN 930 FOOT FLOOD PLANE ELEVATION AND WATER LEVEL IN LAKE ARROWHEAD. I . LIMITED USE PERMITS ON LAND A. A LIMITED USE PERMIT MUST BE OBTAINED BY ANY AND ALL PROPERTY OWNERS LEASEHOLDERS ASSIGNEES ETC. ABUTTING THE 930 FOOT FLOOD PLANE ELEVA— TION IN ORDER TO HAVE ANY USE, INGRESS AND EGRESS OR ANY PERMISSIVE RIGHTS WHATSOEVER ON THE AREA BETWEEN THE 930 FOOT ELEVATION AND THE WATER LEVEL IN THE LAKE. a B. LIMITED USE PERMIT WILL BE ISSUED TO PERMITTEES AND/OR ASSIGNEES FOR CITY OWNED PROPERTY AS A PART OF THE PERMIT AGREEMENT WITH THE CITY OF WICHITA FALLS, AND WILL INCLUDE ACCESS RIGHTS TO THE WATER LINE FOR PROPERTY LEASED THAT IS NOT ADJACENT TO THE 930 FOOT CONTOUR. C. ALL OTHERS MUST OBTAIN A LIMITED USE PERMIT PRIOR TO ENTER- ING OR ATTEMPTING TO USE OR ALTER SUCH CITY OWNED LANDS IN ANY MANNER WHAT- SEVER BY FILING A FORMAL APPLICATION IN WRITING WITH THE CITY OF WICHITA FALLS. ' FAILURE TO OBTAIN SUCH LIMITED USE PERMIT WILL RENDER SUCH PERSON 0: PERSONS LIABLE FOR TRESPASSING ON CITY OWNED PROPERTY. NOT ONLY WILL SUCH TRESPASSERS BE SUBJECT TO PROSECUTION BUT THEY WILL BE PROHIBITED FROM USING OR MAKING USE OF ANY OF THE RESERVOIR FACILITIES UNTIL PROPER PERMIT HAS BEEN ACQUIRED. D. LIMITED USE PERMITS OF CITY OF WICHITA FALLS OWNED LAND BE- LOW THE 930 FOOT FLOOD LINE ELEVATION WILL BE RESTRICTED AND/OR LIMITED TO SPECIFIED AREAS. E. APPLICATION FOR LIMITED USE PERMIT WITH ROUGH SKETCH OR PLAT OF LAND AREA AND IMPROVEMENTS WILL BE FILED WITH THE CITY OF WICHITA FALLS ON THE' APPLICABLE FORM OBTAINED FROM THE CITY OF WICHITA FALLS, PARKS DE- PARTMENT. 2. PERMITS TO . INSTALL AND CONSTRUCT FACILITIES. A: PIERS WHARVES, FLOATING BOATHOUSES, DOCKS AND/OR BARGES AND OTHER FACILITIES WILL NOT BE ALLOWED ON THE LAKE EXCEPT ON PERMITS GRANTED BY1THE CITY OF WICHITA FALLS FOR SUCH CONSTRUCTION, AND IN AC- CORDANCE WITH CITY OF WICHITA FALLS SPECIFICATIONS. B. PIERS AND WHARVES, STATIONARY AND/OR FLOATING AND OTHER FACILITIES, EXTENDING INTO THE RESERVOIR WILL BE LIMITED TO A MAXIMUM TOTAL LENGTH OF NOT MORE THAN 100 FEET PERPENDICULAR TO WATER LINE, FROM THE SPILL- 1 WAY ELEVATION OF 926 FEET. I: C. ALL FLOATING PIERS, DOCKS, BOATHOUSES AND/OR BARGES AND OTHER FACILITIES MUST BE SECURLY MOORED TO THE OWNERtS LEASED LOT IN AN APPROVED I . t MANNER AT ALL TIMES AND ANCHORED PROPERLY IN ORDER TO PREVENT SUCH FROM BE- COMING UNMOORED AND FLOATING AWAY DURING PERIODS OF HIGH WATER. THIS REQUIRE- MENT ALSO APPLIES TO FLOATING TYPES FENCES WHEN INSTALLED BELOW THE 930 FOOT FLOOD LINE. FLOATING FENCES (WHICH RISE AND FALL WITH THE FLUCTUATION IN THE LAKE LEVEL) MUST BE OF STANDARD TYPES AND NOT MORE THAN 100 FEET PERPENDICULAR IN LENGTH MEASURED FROM THE 926 FOOT SPILLWAY ELEVATION. INSTALLATION OF ALL PIERS, WHARVES FLOATING BOATHOUSES, DOCKS, BARGES AND FLOATING TYPE FENCES AND OTHER FACILITIES ARE IN ALL INSTANCES SUBJECT TO THE APPROVAL OF THE CITY OF WICHITA FALLS. BARRELS WILL NOT BE APPROVED AS BUOYANCY FOR PIERS, WHARVES, BOATHOUSES AND ETC. D. APPLICATIONS FOR SUCH PERMITS MUST BE ACCOMPANIED BY SKETCH SHOWING LOCATION, DIMENSIONS AND CONSTRUCTION PLANS INCLUDING METHOD OF f ANCHORING TO INSURE PROPER MOORING AT ALL TIMES. E. AFTER INSPECTION OF PROPERTY AND REVIEW OF PLANS CONTAINED IN APPLICATION AND PAYMENT OF PRESCRIBED FEES PERMIT WILL BE ISSUED IF PLANS CONFORM TO THE CITYtS SPECIFICATION. I i! RECREATIONAL ACTIVITIES AND FACILITIES A. GENERAL RULES, REGULATIONS AND RESTRICTIONS APPLYING TO USE OF THE PROJECT AREA AND LAKE SURFACE. I . THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, HAVING DETERMINED THAT THE USE OF THE RESERVOIR BY THE GENERAL PUBLIC FOR BOATING, FISHING, SWIMMING, SKIING., HUNTING AND OTHER RECREATIONAL ACTIVITIES WILL NOT BE IN CONFLICT WITH THE OPERATION AND MAINTENANCE OF THE RESERVOIR FOR ITS PRIMARY PURPOSES, HEREBY PRESCRIBES THE FOLLOWING RULES AND REGULATIONS FOR THE PUBLIC USE 'OF THE PROJECT AREA AND LAKE SURFACE. 2. RESTRICTED AREAS COMMERICAL DEVELOPMENT AND PUBLIC USE OF -ANY NATURE IS UNCONDITION- ALLY PROHIBITED ALONG THE SHORE LINE 'AND LAND LYING ON, ALONG AND BELOW CON- FOUR ELEVATION 930 FOOT MEAN SEA LEVEL, AS ESTABLISHED BY THE UNITED STATES I w GEOLOGICAL SURVEY, WITHIN ONE THOUSAND' ( 1,000) •FEET OF THE CITY OF WICHITA FALLS PUMP STATION FACILITY. PUBLIC ENTRY INTO OR USE OF THE FOLLOWING FACILITIES IS UNCONDITIONALLY PROHIBITED. A. CITY OWNED AND OPERATED INTAKE WORKS, SPILLWAY AND PRIVATE ROADS ON TOP OF WING WALLS) AND BURNS AND ACESS CHANNEL TO CITY BOAT DOCKS. 1 B. CITY OF WICHITA• FALLS MAINTENANCE SHOPS, EQUIPMENT BUILDINGS AND OPERATION QUARTERS. C. ALL ROAD LEADING ONTO OIL WELL MOUNDS AS WELL AS THE MOUNDS THEMSELVES. D. ALL OIL WELL DERICKS WITHIN LAKE ARROWHEAD. E. WATER SURFACE WITHIN 750 FEET OF OVERFLOW SECTION, OF SPILLWAY. F: OTHER RESTRICTED AREAS MAY BE DESIGNATED FOR THE PROTECTION OF SUCH INDUSTRIAL AND FOR MUNICIPAL FACILITIES AROUND THE RESERVOIR. 1 G. RESTRICTED AREAS LISTED WILL BE APPROPRIATELY MARKED WITH FLOATING BUOYS MARKED "RESTRICTED AREA - KEEP OUT. " I ) FISHING FROM TRESPASSING ON OR MOORING BOATS TO EMBANK- MENT IN ANY MANNER IS SPECIFICALLY PROHIBITED AND ATTENTION IS DIRECTED TO THE GANGER FROM SUBMERGED ROCKS OF MANEUVERING BOATS WITHIN 25 FEET OF CM- DANKMENT. 2) DESTRUCTION OF CITY PROPERTY THE DESTRUCTION, DAMAGE, DEFACEMENT OR REMOVAL OF CITY PROPERTY OR OF VEGETATION, ROCK OR MINERALS IS SPECIFICALLY PROHIBITED UNDER PENALTY OF REMOVAL FROM LAKE ARROWHEAD, REVOCATION OR CANCELLATION OF ANY ' GRANTED PRIVILEGES, AND CONSEQUENCES OF PROSECUTION- THEREOF. 3) FIREARMS AND EXPLOSIVES RIFLES, PISTOLS AND EXPLOSIVES OF ANY KIND ARE PROHIBITED ON WATER SURFACE, EXCEPT WHEN IN THE POSSESSION OF A LAW ENFORCEMENT OFFICER OR CITY EMPLOYEE ON 'OFFICAL BUSINESS. SHOTGUNS ARE ALLOWED DURING HUNTING SEASONS ONLY AND THEN .ONLY IN SPECIFICALLY DESIGNATED AREAS, AS PRESCRIBED. No FIREARMS OR EXPLOSIVES SHALL BE FIRED WITHIN 1000 FEET OF ANY RECREATION AREA. t4) IT SHALL BE UNLAWFULL FOR ANY PERSON TO THROW, DISCARD OR DISCHARGE INTO THE WATERS OF LAKE ARROWHEAD ON OR ALONG ROADS PUBLIC AREAS, PRIVATE SITES CITY OWNED LAND AND FACILITIES OR ANYWHERE WITHIN THE GENERAL LAKE AREA, REFUSE, GARBAGE, TRASH, RUBBISH, OR WASTE OF ANY KIND. ALL SUCH REFUSE, ETC. SHALL BE DISPOSED OF BY BURNING OR HAULING AWAY FROM THE LAKE OR DISPOSED OF AT DESIGNATED POINTS OR PLACES AS IN- DICATED BY MARKED SIGNS. 5) GASOLINE AND OIL STORAGE GASOLINE AND OTHER INFLAMMABLE OR COMBUSTIBLE LIQUIDS Ai. h01 OC STORED IN, UPON OR AROUND THE RESERVIOR OR SHORES THEREOF WITH- OUT WRITTEN PERMISSION OF THE CITY OF WICHITA FALLS. No PETROLEUM PRODUCTS WHATSOEVER OR SIMILAR PRODUCTS SHALL AT ANYTIME BE DUMPED IN, ON OR ABOUT THE RESERVOIR. 6) ADVERTISEMENT PRIVATE NOTICES AND ADVERTISEMENT ARE PROHIBITED IN THE PROJECT AREA EXCEPT WHEN AUTHORIZED BY THE CITY AS NECESSARY FOR THE CON- VENIENCE AND GUIDANCE OF THE PUBLIC USING THE AREA. 7) UNAUTHORIZED SOLICATIONS No PERSON, FIRM OR CORPORATION, OR THEIR REPRESENTATIVE SHALL ENGAGE IN OR SOLICIT ANY BUSINESS WITHIN THE PROJECT AREA WITHOUT PER- MISSION IN WRITING FROM THE AUTHORITY OR IN ACCORDANCE WITH TERMS OF A PERMIT, OR CONCESSION CONTRACT WITH THE CITY. 8) COMMERICAL OPERATIONS ALL COMMERICAL OPERATIONS OR ACTIVITIES ON THE WATERS OF THE RESERVOIR OR ON LANDS OWNED BY THE CITY SHALL BE IN ACCORDANCE WITH PERMIT LIMITED USE PERMITS OR OTHER WRITTEN AGREEMENT WITH THE AUTHORITY. 9) ALCOHOLIC BEVERAGES LAWS OF THE STATE OF TEXAS AND LOCAL OPTION LAWS AND RE- STRICTIONS RELATED TO SALE AND USE OF BEERS WINE, AND INTOXICATING LIQUORS OF THE COUNTIES IN WHICH LAND' AREAS WITHIN THE PROJECT ARE LOCATED SHALL GOVERN AND DICTATE THE CITY RULES AND REGULATIONS PERTAINING TO THE USE AND SALE THEREOF. THE POSSESSION, SALE AND/OR USE OF BEER, WINE AND INTOXI - CATING LIQUORS IN VIOLATION OF APPLICABLE STATE AND LOCAL OPTION LAWS ON THE WATER SURFACE OF THE RESERVOIR IS SPECIFICALLY PROHIBITED. 10) GAMBLING LAWS OF THE STATE OF TEXAS SHALL GOVERN AND DICTATE THE IiTiON OF ANY AND ALL FORMS OF GAMBLING IN, ON OR AROUND THE RESERVOIR. iN THIS INSTANCES THE INSTALLATION OR OPERATION OF ANY DEVICE OR CONDUCT OF ANY ACTIVITES WITHIN THE AREA WHICH IN THE OPINION OF THE CITY ARE PRE- JUDICIAL TO THE BEST INTERESTS AND RIGHTS OF THE PUBLIC AND ARE OTHERWISE O3JECTAQLE ARE HEREBY CONSTITUTED TO BE PROHIBITED,• WHEN FOUND TO BE IN EXISTENCE. II ) ABANDONMENT OF PERSONAL PROPERTY ABANDONMENT OF PERSONAL PROPERTY ON THE LAND OR WATER AREAS OF THE RESERVOIR AREA IS PROHIBITED. PERSONAL PROPERTY SHALL NOT BE LEFT UNATTENDED, EXCEPT IN ACCORDANCE WITH PERMITS ISSUED THEREFOR. NO RESPONSIBILITY WHATSOEVER WILL BE ASSUMED BY THE CITY FOR ANY PERSONAL PROPERTY AND IF SUCH PROPERTY IS ABANDONED OR UN- ATTENDED IN PLACES OTHER THAN DESIGNATED IN A PERMIT ISSUED THEREFOR, OR UNDER AN EXISTING REGULATION, FOR A PERIOD IN EXCESS OF FORTY-,EIGHT (4$) HOURS, IT WILL BE IMPOUNDED BY THE CITY OF WICHITA FALLS. IF NOT RECLAIMED AND IMPOUNDMENT CHARGE ( IF ANY) PAID WITHIN NINETY (90) DAYS, IT WILL BE SOLD, DESTROYED, CONVERTED TO CITY USE OR OTHERWISE DESPOSED OF BY THE CITY OF WICHITA FALLS. I it FISHING I . ALL LOCALS STATE AND FEDERAL LAWS APPLICABLE TO THIS AREA MUST BE OBSERVED. E 2. FISHING IS SPECIFICALLY PROHIBITED. I ) WITHIN 750 FEET UPSTREAM FROM SPILLWAY AND OUTLET WORKS. jj 2) WITHIN 1000 FEET OF PUMP STATION FACILITY. 3) IN CHANNEL TO AUTHORITY BOAT DOCKS. It) FROM ANY BRIDGE STRUCTURES OR APPROACHES. 5) {N AREAS SET ASIDE FOR SKIING. 6) IN OTHER RESTRICTED AREAS MARKED "RESTRICTED AREAS." 7) FROM ANY OIL WELL DERRICK, OIL FIELD. SERVICE BARGE, OR OIL WELL MOUND. 8) FROM THE EARTHEN DAM OF OR ITS WING WALLS. 3. COMMERICAL FISHING •IS PROHIBITED EXCEPT ON SPECIAL CONTRACT WITH THE CITY WHEN IT IS DETERMINED THAT SUCH WILL BE IN THE BEST INTERESTS FOR MAINTAINING AND PRESERVING QUALITY AND QUANTITY OF FISH AND MARINE LIFE IN THE RESERVOIR. HUNTING 1 . HUNTING IN THE RESERVOIR AREA WILL BE PERMITTED IN ACCORDANCE WITH FEDERAL, STATE AND LOCAL LAWS FOR THE PROTECTION OF GAME AND WILDLIFE AND IN ACCORDANCE WITH RULES AND REGULATIONS AND RESTRICTIONS PRESCRIBED HEREIN FOR THE PROTECTION AND SAFETY OF CITY PROPERTY, PRIVATE PROPERTY AND THE PUBLIC iN GENERAL. 2. HUNTING FOR GAME AND WILDLIFE WILL BE RESTRICTED TO SPECIFICALLY 1 DESIGNATED AREAS AND NO DUCK HUNTING FROM SHORE LINE WILL BE PERMITTED EXCEPT FROM AUTHORIZED BLINDS. USE 'OF DECOYS WILL BE IN CONFORMANCE WITH FEDERAL AND :TA'iE LAW. 3. SUCH HUNTING WILL BE ALLOWED WITH SHOTGUN ONLY, NOT TO EXCEED IO GAUGE, N0. 2 MAXIMUM SHOT SIZE. A. DUCK BLINDS WILL BE ALLOWED TO .BE PLACED ON LAKE AND SHORE LINE BY PERMIT ONLY. B. DUCK BLINDS SHALL BE ALLOWED ONLY IN SPECIFICALLY DESIGNATED AREAS AND SHALL BE COO FEET OR MORE APART. ONLY ONE LOCATION SHALL BE AL- LOTTED TO A PERSON. C. NO BOATING OR FISHING OR RELATED ACTIVITIES SHALL BE ALLOWED WITHIN GOO FEET OF DUCK BLIND DURING DUCK HUNTING SEASON. DUCK BLIND AREAS SHALL BE MARKED "RESTRICTED." D. APPLICATION FOR DUCK BLIND PERMITS SHALL BE MADE IN WRITING TO THE CITY, SUBMITTING IN DETAIL ALL INFORMATION AS TO TYPE, SIZE LOCATION DESIRED, ETC. SUCH APPLICATIONS SHALL BE CONSIDERED ON AN INDIVIDUAL AND MERIT BASIS ONLY AND SHALL BE RENEWABLE ANNUALLY SO LONG AS ALL RULES AND REGULATIONS ARE COMPLIED WITH. E. THE ANNUAL CHARGE PER DUCK BLIND IS SHOWN IN THE SCHEDULE OF FEES. SWIMMING AND BATHING SWIMMING AND BATHING WILL NOT BE PERMITTED IN "RESTRICTED AREAS". WATER SKIING AND SURF BOARDING WATER SKIING AND SURF BOARDING SHALL BE PERMITTED ONLY IN SPECIFICALLY DESIGNATED AND MARKED AREAS. CAMPING I . CAMPING ON CITY OWNED PROPERTY WILL BE PERMITTED IN SPECIFICALLY DESIGNATED AREAS. 2. CITY APPROVAL IS REQUIRED TO CAMP ON CITY OWNED PROPERTY IN THE RESERVOIR AREA FOR ANY ONE PERIOD OF TWO WEEKS OR LONGER. 3. CAMPING EQUIPMENT SHALL NOT BE ABANDONED OR LEFT UNATTENDED FOR A PERIOD OF MORE THAN TWENTY-FOUR (24+) HOURS. 4. THE INSTALLATION OF ANY PERMANENT FACILITY AT ANY DESIGNATED PUBLIC CAMP WILL OE PERMITTED ONLY ON WRITTEN AUTHORIZATION OF THE CITY OF WICHITA FALLS. 5. CAMPERS SHALL KEEP THEIR CAMP GROUNDS CLEAN AND SHALL DISPOSE OF ALL REFUSES GARBAGE TRASH, ETC. IN ACCORDANCE WITH INSTRUCTIONS CONTAINED HEREIN AND POSTED. 6. DUE DILIGENCE SHALL BE EXERCISED IN BUILDING AND PUTTING OUT. CAMP FIRES TO PREVENT DAMAGE TO TREES AND VEGETATION AND TO PREVENT FOREST AND GRASS FIRES. 7. CAMPS MUST BE COMPLETELY RAZED AND SITES CLEARED BEFORE DEPARTURE OF CAMPERS. HOUSE TRAILERS I . HOUSE TRAILERS ARE PERMITTED IN AREAS DESIGNATED AS PUBLIC CAMP GROUNDS FOR PERIODS NOT MORE THAN TWO (2) DAYS. 2. FOR PERIODS LONGER THAN TWO (2) DAYS, PERMISSION MUST BE OBTAINED FROM THE CITY FOR PARKING IN SPECIFICALLY AUTHORIZED TRAILER PARK AREAS. PICNICKING PICNICKING WILL BE ALLOWED IN SPECIFICALLY DESIGNATED AREAS ONLY. RECREATIONAL ACTIVITY PROGRAMS I . SPECIAL EVENTS SUCH AS WATER CARNIVALS, FISHING RODEOS, BOAT RE- GATTAS, SPEEDBOAT RACES, FESTIVALS, TRADE SHOWS, OUTDOOR PRESENTATIONS AND OTHER SPECIAL RECREATIONAL PROGRAMS OF INTEREST TO THE GENERAL PUBLIC ARE PERMITTED IN AREAS DESIGNATED BY THE CITY OF WICHITA FALLS. 2. A PERMIT MUST BE OBTAINED FROM THE CITY OF WICHITA FALLS BY THE LE=GALLY RESPONSIBLE PUBLIC OR PRIVATE AGENCY PROPOSING TO HOLD A SPECIAL RECREATIONAL PROGRAM AS INDICATED IN THIS SECTION. 3. APPLICATION SHALL BE MADE IN WRITING TO DIRECTOR OF PARKS AND RE- CREATION OF THE CITY, STATING ALL DETAILS OF THE PROPOSED PROGRAM OR EVENT. 4. CHARGES FOR SUCH PERMIT SHALL BE AS AGREED BY THE CITY AND AGENCY SPONSORING SUCH EVENT OR PROGRAM. 5. THE CITY SHALL HAVE THE RIGHT TO REVOKE ANY PERMIT GRANTED UNDER THIS SECTION AND TO REQUIRE THE REMOVAL OF ANY AND ALL EQUIPMENT UPON FAILURE OF PERMITEE TO COMPLY WITH THE TERMS AND CONDITIONS CONTAINED HEREIN AND IN THE SPECIAL PERMIT ISSUED FOR SUCH RECREATIONAL ACTIVITY PROGRAM OR EVENT. 1 BUILDING RESTRICTIONS LAKE ARROWHEAD PART ONE: PURPOSE I . I ORDERLY DEVELOPMENT. To INSURE THE ORDERLY AND UNIFORM DEVELOPMENT OF THE LAND AROUND LAKE ARROWHEAD BY ESTABLISHING MINIMUM STANDARDS AS TO LOT SIZES, BUILD- ING SETBACKS, BUILDING AREA CONSTRUCTION METHODS AND BUILDING MATERIAL QUALITY. I . 2 PROTECTION OF INVESTMENT. TO PROTECT PRESENT INVESTMENT VALUES AND FUTURE ENHANCEMENT BY A HOME BUILDING SCHEDULE WHICH AIMS FOR OVERALL ARCHITECTURAL HAR- MONY WITHOUT MONOTONY, INTERESTING VARIETY WITHOUT BAD TASTE, ADAPTABILITY AND FLEXIBILITY AS OPPOSED TO REGIMENTATION. PART TWO: DEFINITIONS 2, I CITY. THE TERM "CITY" WHEN HEREINAFTER USED SHALL REFER TO CITY OF WICHITA FALLS. 2. 2 PLOT. THE WORK "PLOT" AS USED IN THIS STATEMENT IS INTENDED TO MEAN A SINGLE PIECE OR PARCEL OF LAND CONSISTING OF ONE LOT. 2. 3 EVERY PLOT SHALL BE DEEMED TO FRONT ON THE STREET ON WHICH THE LOT OR LOTS CONSTITUTION SAID PLOT FRONTS, UNLESS THE LOT OR LOTS FRONT ON THE LAKE, IN WHICH CASE IT SHALL BE DEEMED TO FRONT ON BOTH STREETS AND LAKE. 2. 4 BUILDING LIMIT LINE LAKEFRONT LOTS. BY "BUILDING LIMIT LINE" AS HERE USED IS MENT THE LINE MARKED "BUILDING LIMIT LINE" (930 FOOT ELEVAT)ON) AS SHOWN ON THE PLAT, OR AS CHANGED BY THE CITY IN ACCORDANCE WITH THE PROVISIONS HEREIN. 2. 5 OUTBUILDING. AN "OUTBUILDING", AS THAT WORD IS USED IN THIS STATEMENT IS INTENDED TO MEAN A COVERED STRUCTURE NOT DIRECTLY ATTACHED TO THE RESIDENCE WHICH IT SERVES. 2. v STREET. THE WORD "STREET", AS USED IN THESE RESTRICTIONS, SHALL INCLUDE ANY STREET, DRIVE, BOULEVARD, ROAD, LAND WAY, TERRACE, OR COURT, AS SHOWN ON THE PLAT. PAGE 2 ART THREE: USE OF LAND 3. t PRIVATE RESIDENCE ONLY. THE LOTS SHALL BE USED FOR PRIVATE RESIDENCE PUR- POSES ONLY, AND NO STORE, FLAT OR APARTMENT HOUSE, THOUGH INTENDED FOR RESIDENTIAL PURPOSES NOR ANY BUILDING OF ANY KIND WHATSOEVER SHALL BE ERECTED OR MAINTAINED THEREON, EXCEPT PRIVATE DWELLING HOUSES AND SUCH OUTBUILDINGS AS ARE CUSTOMARILY APPURTENANT TO RESIDENCES. EACH DWELLING HOUSE SHALL BE DETACHED AND SHALL BE DESIGNED FOR OCCUPANCY, AND SHALL BE OCCUPIED BY A SINGLE FAMILY. . 3. 2 ONE OR TWO STORY RESIDENCES. RESIDENCES ERECTED ON ANY LOT SHALL NOT BE MORE THAN TWO STORIES IN HEIGHT. 3. 3 NO TEMPORARY STRUCTURES. No TEMPORARY STRUCTURE, TENT, TRUCK OR TRAILER SHALL EVER BE TEMPORARILY OR PERMANENTLY LOCATED OR OTHERWISE MAINTAINED IN SAID ADDITION; PORVIDED THAT IT IS NOT THE INTENTION OF THIS PARAGRAPH TO EXCLUDE THE TEMPORARY PARKING OF PASSENGER AUTOMOBILES ON ANY PORTION OF THE GARAGE DRIVEWAYS OR THE ADJACENT STREET LOCATED IN FRONT OF THE BUILDING LIMIT OR SETBACK LINE OF EACH LOT. No HOUSE MAY BE MOVED FROM A DIFFERENT LOCATION ONTO ANY LOT IN THE ADDITION, WITHOUT FIRST RECEIVING APPROVAL FROM THE CITY IN WRITING. 3. 4 LIVESTOCK AND POULTRY. No PERMANENT PROVISIONS SHALL BE MADE OR MAINTAINED FOR THE HOUSING OF POULTRY COWS, HORSES OR OTHER LIVESTOCK, OR FOR RAISING RAB- BITS, CHINCHILLAS DOGS OR OTHER DOMESTIC ANIMALS, WHEN RAISED FOR THE PURPOSE OF DISPOSING OF THE SAME FOR ANY CONSIDERATION, MONEY OR OTHERWISE; PROVIDED THAT THIS PROVISION SHALL NOT EXCLUDE THE OWNERSHIP OF ORDINARY HOUSEHOLD PETS. 3. 5 NO BUSINESS BUILDINGS. No BUILDING OR STRUCTURE OF ANY SORT SHALL BE PLACED, ERECTED OR USED FOR BUSINESS PROFESSIONALS TRADE OR COMMERICAL PURPOSES ON ANY PORTION OF ANY LOT, EXCEPT IN THE PUBLIC PARK AREAS, AND UNDER THE SUPERVISION OF THE CITY. 3. 6 NO PROFESSIONAL OR BUSINESS OFFICES. No PROFESSIONAL OFFICE, BUSINESS TRADE OR COMMERCIAL ACTIVITY OF ANY SORT MAY BE CONDUCTED IN ANY SINGLE FAMILY RESIDENTIAL BUILDING OR ON ANY PORTION OF ANY LOT. PAGE 3 3. 7 LIMITATION ON USE OF GARAGE AS RESIDENCE. No GARAGE OR SERVANTS HOUSE SHALL BC OCCUPIED FOR MORE THAN ONE YEAR AS A RESIDENCE OF ANY PERSON OTHER THAN SERVANTS SERVING THE RESIDENCE. PART FOUR: DEVELOPMENT CONTROL 4. I ARCHITECTURAL CONTROL. No BUILDING, OUTBUILDING, FENCE, WALL OR OTHER STRUCTURES OR ANY ADDITION THERETO OR CHANGE THEREIN SHALL BE ERECTED OR MAIN- TAINCD ON ANY LOT OR PLOT UNLESS AND UNTIL THE PLANS AND SPECIFICATIONS SHALL HAVE BEEN APPROVED BY THE CITY IN WRITING IN ACCORDANCE WITH THE PROCEDURE FOR ARCHITECTURAL CONTROL AS HEREINAFTER PROVIDED. 4. 3 APPROVAL OF BUILDING PLANS. A COPY OF THE PROPOSED BUILDING PLANS SHALL BE SUBMITTED TO THE CI-TY; FOR ITS PERMANENT USE AND FOR THAT OF THE COMMITTEE ON ARCHITECTURAL CONTROL. APPROVAL OF THE PLANS AS SUBMITTED, OR AS AMENDED IN COMPLIANCE WITH THE RECOMMENDATIONS OF THE COMMITTEE ON ARCHITECTURAL CONTROL, MUST BE OBTAINED IN WRITING BEFORE CONSTRUCTION IS STARTED. 4. 4 MATERIALS CONTROL. CONTROL OVER TYPES OF MATERIALS TO BE USED IN CON- STRUCTION SHALL BE MAINTAINED BY THE CITY. THE RESIDENCES IN THIS SECTION SHALL BE CONSTRUCTED OF SUCH MATERIALS OR OF A COMBINATION OF SUCH MATERIALS AS MAY BE APPROVED BY THE CITY. ROOFS SHALL BE OF SUCH MATERIALS AND GRAPES WHICH THE CITY MAY APPROVE FROM TIME TO TIME. UNLESS EXPRESS PERMISSION TO THE CONTRARY IS GRANTED BY THE CITY, THE SAME ARCHITECTURAL STYLE, MATERIALS AND FINISH SHALL BE USED IN THE CONSTRUCTION OF AN OUTBUILDING AS IS USED IN THE MAIN DEWLLING. 4. 5 BUILDING LOCATION. No RESIDENCE OR PART THEREOF SHALL BE ERECTED OR MAIN- TAINED ON ANY OF SAID LOTS NEARER TO THE FRONT STREET, OR THE SIDE STREET, THAN THE FRONT BUILDING LIMIT LINE OR THE SIDE BUILDING LINE OF THE LOT OR LOTS ON WHICH SAID BUILDING MAY BE ERECTED, AS SHOWN BY THE PLAT, NOR SHALL SUCH RESIDENCE , OR ANY PART THEREOF BE ERECTED OR MAINTAINED ON ANY SUCH LOT NEARER THAN 5 FEET FROM THE INSIDE PROPERTY LINE OF SUCH LOT; PROVIDED THAT CORNICES, OVERHANGS, PAGE 4 EAVES, CHIMMEYS OR ORNAMENTAL STRUCTRUAL ADDITIONS SHALL NOT BE CONSTRUED AS BEING PART OF THE RESIDENCE; AND FURTHER PROVIDED THAT THE CITY MAY IN ITS SOLE DISCRETION AUTHORIZED MINOR VARITATIONS WITH RESPECT TO BUILDING LINES, BUT IN NO CASE SHALL SUCH MINOR VARIATIONS EXCEED SIX INCHES. PART FIVE: GENERAL AND ENFORCEMENT PROVISIONS: 5. I DISPLAY SIGNS. No ADVERTISING OR DISPLAY SIGN, BILL BOARD OR STRUCTURE OF ANY KIND SHALL BE CONSTRUCTED, MAINTAINED OR PERMITTED ON ANY LOT IN SAID PLAT; EXCEPT THAT PRINTED OR PAINTED SIGNS ADVERTISING SUCH LOT OR PREMISES FOR SALE, NOT EXCEEDING 5 SQUARE FEET, MAY BE PERMITTED ON THE WRITTEN CONSENT OF THE CITY. 5. 2 FENCE LOCATION. No FENCES, WALLS, ENCLOSURES OR ANY DETACHED STRUCTURE FOR PRUELY ORNAMENTAL PRUPOSED MAY BE ERECTED ON ANY PART" OF ANY LOT SO AS TO EXTEND FORWARD OF THE FRONT BUILDING LINE OR THE SETBACK LINES OF ANY LOT WITH- OUT THE WRITTEN CONSENT OF THE CITY, PART SIX: RIGHT TO ENFORCE RESTRICTIONS O. I THE RESTRICTIONS HEREIN SET FORTH SHALL RUN WITH THE LEASE AS COVENANTS THEREWITH AND BIND THE PRESENT LESSEE, ITS SUCCESSORS, GRANTEES AND ASSIGNS, AND ALL PARTIES CLAIMING OR HOLDING BY, THROUGH OR UNDER IT OR THEM BY DEED, CON- VEYANCE OR OTHER METHOD OF ACQUIRING TITLE SHALL BE DEEMED TO SO TAKE TITLE, AND TO HOLD, AGREE AND COVENANT WITH THE OWNER AND LESSEE OF SAID LOTS, AND WITH EACH OF THEM TO CONFORM TO, AND PERFORM AND OBSERVE ALL OF SAID RESTRIC- T TIONS; BUT NO RESTRICTIONS HEREIN SET FORTH SHALL BE PERSONALLY BINDING ON ANY CORPORATION, PERSON OR PERSONS EXCEPT IN RESPECT TO BREACHES COMMITTED DURING ITS, HIS OR THEIR SEIZING OF OR TITLE TO SAID IMPROVEMENTS AND LEASE; AND THE OWNER OR LESSEE OF ANY LOT OR LOTS IN SAID PLAT SHALL HAVE THE RIGHT TO SUE FOR AND OBTAIN AN INJUNCTION PROHIBITIVE OR MANDATORY TO PREVENT THE BREACH OF, OR TO ENFORCE THE OBSERVANCE OF ANY ONE OR ALL OF THE RESTRICTIONS HEREIN CONTAINED, THIS IN ADDITION TO ANY LEGAL ACTION FOR DAMAGES WHICH MAY BE SUSTAINED BY REASON OF THE BREACH OF ANY OR ALL OF SAID RESTRICTIONS; AND PAGE 5 THE FAILURE OF THE CITY, OR ANY LESSEE OF ANY OTHER LOT OR LOTS SHOWN ON SAID PLAT TO ENFORCE ANY OF THE RESTRICTIONS HEREIN SET FORTH, AT THE TIME OF ITS VIOLATIONS, OR DURING THE CONTINUATION THEREOF, SHALL IN NO EVENT BE TAKEN AS A WAIVER OF ANY RIGHT OR RIGHTS OF ENFORCEMENT THEREAFTER TAKEN.