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Res 25 5/24/1948RESOLUTIM NO. 25� On the 24th day of May, 1948, there was held a Regular lrleetinrg of the City Council of the City of .iichi.ta Falls, Texas, and the following Resolution was moved, seconded and unanimously adopted, to -wit; BE IT RESOLVED by the Board of Aldermen of the City of Wichita Falls, Texas, that the Mayor be and is hereby directed and authorized to make and execute a con- tract with the Texas Electric Service Company, whereby the City In consideration of the sum of Fifteen Thousand Dollars 015,000.00) to be paid by the Company quarterly in advance, agrees to continue the operation and maintenance of the main gravity canal or ditch which commences at I point on the dare on Lake Jichita and continues in a northeasterly direction a distance of approximately six (0) miles to the reser- voir of the Texas Electric Service Company, and to relieve the Texas Electric Ser- vice Company of all responsibility and liability in respect thereto, for and during; the period of one (1) year, and to deliver to the Texas Electric Service Company during such period of time such quantities of untreated water as my be required by said Company in the operation of its power plant and facilities, - the form and sub- stance of which contract has been exhibited to the Board of Aldermen and a copy of which is to be filed with the Clerk of the City. Passed and adopted by the following votes: Edward lip Kadi.ne John C. Coffey____._. - _o B. C, Hunter Aye Aye Aye Aye Aye Aye ATTEST: S, George T. Henderson, City Clerk of the City of oiichita Falls, Texas, hereby certify that the foregoing is a true and correct copy of the minutes of the Regular __Oieetina of the City Council held on the 24th day May, 1948. deorge T. Henderson, City Clerk, Wichita Falls, Texas MIS AGEMMEN ° , made between the City of Wichita dated MRBASP by deed duly located about 5.5 miles south 26 degrees west from the County Courth€nse, of Wichita Fallso etas, .'.al o Includ- ing a certain water supply canal or ditch and the laterals thereto, commonly own, a the main gravity ditch or canal, vhich commences at a point on the dam or Lake Wichita and s is » a 6 ti m certain lands described in said convayanee a distance of approximately six miles to a reservoir of the Company, and including the lands upon which the grater supply* canal and ditch and laterals thereto are located, all of which more fully appears From the deed of conveyance h rotofore refer- red to and made a part'hereo deed the City was o bligated to convey to the Companyx successor in title to the grantor said u such quantities of untreated water az may be required for the operation and maintenance of the power plant and faoilities of the Company* -I- It vas furtber provided thatt AN DO r WI., METMASA the City of Wichita Falls and the company herein., in lieu of the abandonment of w dosirc to make this contract and a reementi V0W..THBRE-P0RR,,, The Cityp in considoration of •e sum of pjFWrx TtHoU-�-AHD DOLLARS # be s :. the Company quarterly In advvanceagreez by es. reservoir), in like mannor as in the past. In t event that the t 1 of water from Lftke Wichita fails, the City Is to furnish water to the Company from its municipal 3uPP1Y or otherwise without any. ..additional c% e. In the agent that the City 0100ts t® use water �2w In event of fsilure of municipal supply due to 'The City further agrees during the continuance of this contract to operate and mintain said cana.1, and to This contract shall tae full for . ,a�z�af °ect for a period o one year, begs and at the- €� iratio of said to the Company is . tee. the 10 period of one (1) year,, and at the some time pays or ten- ders to the City the zur---t of 'iFIOLIUND DOLLARS 0 15,000,00) for another yearts renewal, and in like manner upon like terminations it may contLnue the sr"rie in force for continuous perilods of one (1) year jach, not to exceed ton (10) successive renewals In all. 'Min a.!7reement shall in nowise over be construed to change,, nodify, or affect the 1.erms, provisions, covenants, and canditione contained in said deed aforanatd to the Uityp datod November 20, 19200 or the reversionary rir,�A3 contained therein, and to the right to the perm rent water rights here- tofore existing, except only, Inso-far as the same are modified by this agreement, and upon the termination of this agreernent the rights of the parties hereto alutil continue to t;.e govern. ed '.Ijy the ternm of said conveyance, as well as any other exist. ink; contracts afrecting the sub ject-nmtter of the lake and the canalav and router rw t4t and easements in and to said lake, This eontraelk; all,all be binB_Ing upon the parties horetop tl­,eir successors,, hle".rz ard assigns, W111=3 OUP HAVIDS-0 this day of Mayo 1948, CITY OF VVICTUTA FALLISP Vayor TEXAS EIJICTRIC 11MVICT4 COMPANY 7P i,re Ident. Secretary, ,-T APPr' V' DAB To FORM: - t 6KNIGHT & JOHNSO-t4 CANT i �'JANGAE Dy THE STATE OF TEXAS 0 0 ODUNTY OF WIGUTA 0 Before me, the undersigned ayth,ority5 a Notary Public in and for said County and State, on this day personally appeared MDR Jones, MayDr oi the City of Wichita Folls, known to me to be the person and officer whose name is subscribed to the foregoing instriment., and acknowledged to me that the name was the act of the said City of Wiobdta Fallso a municipal corporationo and that he executed the same as the act of such oorporation for the purposes and tonsideration therein expressed, and in the oapacity therein stated, aiven under n hand and seal of office3 this 25th day of Rayj 1948# TIM STATE OF TEUS COURY OF Twor 0 Before no, the undersigned anthorityp a Notary Publio in and for said County and 3tate, on this day personally appeared J. B. Thomas, President of the T xaS Electric Service CompaY72 KraWn to me to be the perm and officer vhose name is subscribed to the foregoing instrument, and acknooledged to me that the same vas the act of the said Texas Electric Service Gompanys a corporation, and that he execut4d the same as the act of suda corporation for the 7surposes and consideration therain expressed, and in the capacity therein stated* 7-A Given under my hand and seal of office thisjYjQ" dqy of Mays 19484 Wotary pubfi, F. GAR7A end for T,1111ht County. TQXW