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Min 07/02/1974 976 Wichita Falls, Texas Memorial Auditorium Building July 2, 1974 Item 1 The Board of Aldermen of the City of Wichita Falls, Texas, met in regular session on the above date in the Council Room of the Memorial Auditorium Building at 10:00 o'clock A M. , with the following members present: Max Kruger Mayor Harry Campsey Lonny D. Morrison Joe N. Prothro Aldermen J. C. Boyd, Jr. X Jerry Dunn Assistant City Manager H. P. Hodge, Jr. City Attorney Wilma J. Thomas City Clerk Harrison E. Taylor Absent Peggy McCullough Absent The meeting was called to order by the Mayor. Item 2 Moved by Alderman Morrison that minutes of the meetings held June 4 and June 21, 1974, be approved. Motion seconded by Alderman Campsey, and carried unanimously. Item 3 The public hearing was opened on hazardous structures. Henry Anderson appeared, representing Olallo R. Moreno and Willmack Oil Corporation. Mr. Moreno desires an extension of time to repair the building. Moved by Alderman Morrison that Mr. Moreno be granted a 60-day extension. Motion seconded by Alderman Boyd, and carried unanimously. Mr. Anderson explained that Willmack Oil Corporation also needs a 60-day extension to clean up the property. Moved by Alderman Morrison that willmack Oil Corporation be granted a 60- day extension. Motion seconded by Alderman Campsey, and carried unanimously . ORDINANCE NO. 2878 i ORDINANCE CLOSING HEARING AND FINDING CERTAIN BUILDINGS AND/OR STRUCTURES TO BE DANGEROUS; COMMANDING PROPERTY OWNERS TO REPAIR, VACATE, OR DEMOLISH SAID BUILDINGS AND/OR STRUCTURES WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDINANCE AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 2878 be passed. Motion seconded by Alderman Campsey, and carried by the following vote- Ayes Aldermen Campsey, Morrison, Prothro, and Boyd Nays : None. 977 ' Item 4a A proposed appropriation ordinance was presented in the amount of $6,000 for Hamilton Park Tennis Center Improvements. ORDINANCE NO 2879 r , AN ORDINANCE MAKING AN APPROPRIATION FROM THE REVENUE SHARING FUND TO PROJECT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 2879 be passed. Motion seconded by Alderman Morrison, and carried by the following vote : Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays : None. Item 4b A proposed appropriation ordinance was presented in the amount of $12,107 for workmen's compensation from the General Fund. ORDINANCE NO. 2880 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBER 11-091-4516, AND DECLARING AN EMERGENCY. Moved by Alderman Boyd that Ordinance No. 2880 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays: None. f , Item 4c A proposed appropriation ordinance was presented in the amount of $1,549 for workmen's compensation from the Water and Sewer fund. rORDINANCE NO. 2881 AN ORDINANCE MAKING AN APPROPRIATION FROM THE WATER AND SEWER FUND TO ACCOUNT NUMBER 81-861-4516, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 2881 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays: None. Item 4d A proposed appropriation ordinance was presented in the amount of $211 for workmen's compensation from the Airport revenue fund. ORDINANCE NO. 2882 AN ORDINANCE MAKING AN APPROPRIATION FROM THE AIRPORT REVENUE FUND TO ACCOUNT NUMBER 11-219-4516, AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2882 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays : None. 978 i Item 4e i A proposed ordinance was presented appropriating $211 from the Transit fund for workmen's compensation. d ORDINANCE NO. 2883 AN ORDINANCE MAKING AN APPROPRIATION FROM THE TRANSIT FUND TO ACCOUNT NUMBER 11-538-4516, AND DECLARING AN EMERGENCY. Moved by Alderman Prothro that Ordinance No. 2883 be passed. Motion seconded by Alderman Boyd, and carried by the following vote : Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays : None. Item 5a A proposed ordinance was presented accepting improvements under the 1973 Assessment Paving Program. ORDINANCE NO. 2884 ORDINANCE ACCEPTING IMPROVEMENTS OF TEN (10) UNITS OF THE 1973 ASSESSMENT PAVING PROGRAM IN THE CITY OF WICHITA FALLS, TEXAS, AS DESIGNATED IN ORDINANCE NO. 2776 DECLARING THE CONTRACT WITH SABRE ASPHALT COMPANY, WICHITA FALLS, TEXAS, FOR THE CONSTRUCTION OF SAID IMPROVEMENTS FULLY COM- PLETED AND PERFORMED; DIRECTING THE ISSUANCE, EXECUTION AND DELIVERY OF CERTIFICATES IN EVIDENCE OF SPECIAL ASSESSMENTS LEVIED AFTER GIVING EFFECT TO SUNDRY CREDITS HEREIN AUTHORIZED AND ALLOWED AGAINST SOME OF SAID ASSESSMENTS; DIRECTING THE CITY CLERK TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS AND BY FILING THE COM- PLETE ORDINANCE IN APPROPRIATE ORDINANCE RECORDS OF SAID CITY; AND PROVIDING AN EFFECTIVE DATE. Moved by Alderman Prothro that ordinance No. 2884 be passed. Motion seconded by Alderman Morrison, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays : None. - � f Item 5b Assistant City Manager Jerry Dunn stated that bids on the 1974 Reconstruction Program came in higher than estimated, and requested that Ernest Lillard review this information with the Council. He explained that the first alternative would be to reduce the program to the amount of money which is available. This would necessitate elimination of certain streets at this time. The second alternative would be to add $75,000 to the money presently available. He pointed out that there is an escalation clause in Sabre Asphalt's bid, but that it would not become effective until January 1 , 1975. He stated that he is fairly confident that most of the work can be completed by that time. The additional cost would be to the City, and not to adjacent properties. The escalation applies only to the asphalt, and there is not a great cost increase in that. He explained that this type of construction is normally scheduled for summer months, due to weather conditions. The total amount of City funds available is $188,858.82. The total dollar amount in the Timmins-Anderson contract should read $43,100.00, and Rowland Road should be deleted. ORDINANCE NO. 2885 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR A PORTION OF THE 1974 RECONSTRUCTION PAVING PROGRAM AT VARIOUS LOCATIONS IN THE CITY OF WICHITA FALLS, TEXAS; AWARDING CONTRACT FOR SUCH CONSTRUCTION; FIXING TIME AND 979 Item 5b, cont'd. PLACE FOR HEARING OF THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY CLERK TO GIVE NOTICE OF SUCH HEARING; AND DECLARING AN EMERGENCY. Moved by Alderman Campsey that Ordinance No. 2885 be passed with the changes as indicated, and that the total amount be reduced to $188,858.82 for the re- construction. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and, Boyd Nays.: None. Item 6c A proposed resolution was presented awarding the contract to Sabre Asphalt Company in the amount of $150,000 for improvements under the 1974 Reconstruction Program. RESOLUTION NO. 1552 WHEREAS, the City of Wichita Falls has advertised for bids for the hot-mix asphaltic concrete surface course for the 1974 Reconstruction Program; and, WHEREAS, two bids were received, and it is found that Sabre Asphalt Company, who bid $150,000.00 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Sabre Asphalt Company in the amount of $150,000.00 is hereby accepted, and the City Manager is authorized to execute for the City of Wichita Falls a contract with Sabre Asphalt Company for the construction of such improve- ments. Moved by Alderman Boyd that Resolution No. 1552 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays : None. Item 5c Discussion was held on the 1974 Assessment Paving Program. Ernest Lillard explained that the one bid received greatly exceeded the City's estimates, and that it also includes a price escalation clause with reference to the increase of asphalt after January 1, 1975. He recommended that the bid be rejected and that the Engineering Department be authorized to submit a reduced program which could be basically completed by January 1, 1975. Moved by Alderman Campsey that the bid be rejected, and that a new program be presented by the Engineering Department. Motion seconded by Alderman Boyd, and carried unanimously. Item 6a i A proposed resolution was presented approving easements to Texas Electric Service Company in various City parks. RESOLUTION NO. 1553 RESOLUTION APPROVING EASEMENTS TO TEXAS ELECTRIC SERVICE COMPANY FOR ELECTRIC LINES IN WILLIAMS PARK, KIWANIS PARK AND JAYCEE PARK. 980 ( Item 6a, cont 'd. Moved by Alderman Campsey that Resolution No. 1553 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays: None. Item 6b A proposed resolution was presented authorizing the City Manager to execute a grazing lease with Fred Bryant for an unused portion of Rosemont Cemetery. RESOLUTION NO. 1554 RESOLUTION AUTHORIZING GRAZING LEASE ON UNUSED PORTION OF ROSEMONT CEMETERY PROPERTY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: The City Manager is hereby authorized to execute, for the City of Wichita Falls , a grazing lease to Fred Bryant on that certain tract of land containing approxi- mately twelve (12) acres, being that unused portion of Rosemont Cemetery property heretofore leased to Bryant for use as pasture. The lease shall be for a term of five (5) years, with the provision that either party may terminate the lease at any time by giving the other party sixty (60) days notice in writing. The rental for such lease shall be $100.00 per year, payable in advance. Moved by Alderman Prothro that Resolution No. 1554 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays : None. ✓ Item 6d A proposed resolution was presented approving appraisals on Kell Freeway and o Railroad relocation. ` RESOLUTION NO. 1555 RESOLUTION APPROVING APPRAISAL OF PROPERTIES ON KELL FREEWAY AND RAILROAD RELOCATION AND AUTHORIZING THEIR PURCHASE OR CONDEMNATION. WHEREAS, it is necessary to acquire the properties hereinafter described for construction of the listed projects in the 1967 Capital Improvements Program, and, WHEREAS, such properties have been appraised by independent appraisers employed for this purpose by the Texas State Highway Department, and the amount of the state approved values , as determined from the appraisals , have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS , THAT: SECTION NO. 1 The projects and properties to be purchased by Warranty Deed are as follows : Kell Freeway - Project 52-380 and Railroad Relocation Warranty Deed Lot 10, Block E, Grainger & Ballow's Addition 981 Item 6d, cont'd. All of Lots 9 & 10, Block 9, Barwise & Jalonick Addition All of Lots 3 & 4, and part of 5, Block 9, Barwise & Jalonick Addition Combined total of values approved in this resolution -------------- $83,270.00 SECTION NO. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the Texas State High- way Department or the City of Wichita Falls , by Warranty Deed, such tracts of land as shown on the project right-of-way map. The authorized price to be paid for such tracts are the State approved values as determined from appraisals made by the independent real estate appraisers employed by the Texas State Highway Department. SECTION NO. 3 In the event the City Manager is unable to purchase any such tracts for such approved values, he is hereby authorized and directed to cause to be instituted condemnation proceedings to obtain such tracts in the name of the Texas State Highway Department or the City of Wichita Falls. SECTION NO. 4 The City Manager is authorized to execute for the City of Wichita Falls a deed to the State of Texas all of the interest acquired in those right-of-way tracts required for the construction of Kell Freeway. Moved by Alderman Campsey that Resolution No. 1555 be passed. Motion seconded by Alderman Boyd, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays : None. y Item 7a Bids were considered on 32 mercury vapor light fixtures for Hamilton Tennis Center. It was recommended that the low bid be awarded to Nunn Electric Company, Wichita Falls, in the amount of $5,892.00. Moved by Alderman Boyd that the bid be awarded as recommended. Motion seconded by Alderman Campsey, and carried unanimously. Item 7b Bids were considered on an estimated annual supply of fluoride. The lowest bid received did not include freight, and when that was considered, it increased their bid far above the next low bidder. It was recommended that the bid be awarded to W. R. Grace and Company, Baltimore, Maryland, in the amount of $5,536.00. Moved by Alderman Campsey that the bid be awarded as recommended. Motion seconded by Alderman Morrison, and carried unanimously. f Item 8a A proposed resolution was presented approving three change orders and final estimate, and accepting Lucy Park swimming pool. RESOLUTION NO. 1556 RESOLUTION APPROVING CHANGE ORDERS AND FINAL ESTIMATE AND ACCEPTING LUCY PARK SWIMMING POOL. WHEREAS, the City of Wichita Falls and Westmoreland Pool Company entered into a contract dated July 3rd, 1973, wherein said contractor agreed to construct the Lucy Park Swimming Pool; and, WHEREAS, Charles Harper & Associates , the architects on such project, have 982 Item 8a, cont'd certified that the project has been completed in accordance with the plans a J specifications; and, WHEREAS, three change orders and the final estimate have been submitted on this project, which final estimate shows a total amount of work done as $82 ,012.99, of which $77,912.34 has been paid to the contractor, leaving a balance of $4,100.65. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The construction of the Lucy Park Swimming Pool is accepted by the City of Wichita Falls, the change orders and the final estimate are approved, and the City Manager is directed to pay the said contractor the amount due as shown on such final estimate. Moved by Alderman Prothro that Resolution No. 1556 be passed. Motion seconded by Alderman Campsey, and carried by the following vote: Ayes : Aldermen Campsey, Morrison, Prothro, and Boyd Nays : None. Item 9 �r Permission was requested to advertise for bids for replacement of obsolete traffic signal equipment at the intersections of Beverly Drive-Seymour Highway, and Beverly Drive-Iowa Park Road. Moved by Alderman Boyd that authority be granted to advertise for bids as re- quested. Motion seconded by Alderman Prothro, and carried unanimously. Item 10 Moved by Alderman Boyd that minutes of the meeting of the Plumbing Advisory Board held June 5, 1974, be received. Motion seconded by Alderman Campsey, and carried unanimously. Item lla Moved by Alderman Campsey that a public hearing be held on hazardous struc- tures at the meeting on August 6, 1974. r Motion seconded by Alderman Prothro, and carried unanimously. v f Item 11b ` Moved by Alderman Campsey that Dr. Lee Williamson be appointed to the Traffic Commission to fill the unexpired term of G. H. Kirby until December 31, 1975. Motion seconded by Alderman Boyd, and carried unanimously. t Moved by Alderman Morrison that the following be appointed e Wichita Falls Community Mental Health and Mental Retardation Center Board oofhTrustees, for terms to expire July 10, 1976. a. Jerry Mise b. Larry Lambert C. Mrs. Virginia Carpenter d. Dr. George Slaughter Motion seconded by Alderman Campsey, and carried unanimously. 983 " Item llb, cont'd. Moved by Alderman Boyd that Dr. Arthur Beyer be reappointed as Chairman of r the Citizens Advisory Committee, and also appointed as Chairman of the Bicentennial Commission. Motion seconded by Alderman Campsey, and carried unanimously. Moved by Alderman Morrison that the following be appointed and reappointed, as indicated, to the Bicentennial Commission. Miriam Trejo, Appointed Sharon Delaney, Appointed Rev. Leo Barbee, Appointed Jettie Ann Ward, Appointed Robin King, Appointed Laurette McDonald, Appointed Bonnie Hoggard, Appointed Dr. Kenneth Hendrickson, Appointed Rev. Eugene Brice, Appointed William Spears , Appointed Woodward Allen, Appointed Otis Polk, Jr. , Appointed Dr. Guillermo Garcia, Appointed Peggy McCullough, Ex-Officio Member Lt. Col. Vitas Bielefeldt, Reappointed Bill Donnell, Reappointed John W. Hampton, Jr. , Reappointed Randy Hempling, Reappointed J. W. Jackson, Reappointed Mack Lester, Reappointed Pete Martinez, Reappointed Warren Silver, Reappointed James Stewart, Reappointed Dick Waggoner, Reappointed Joe White, Reappointed Donald Wills, Reappointed Harrison Taylor, Ex-Officio Member Motion seconded by Alderman Campsey, and carried unanimously. Moved by Alderman Boyd that the meeting be adjourned. Motion seconded by Alderman Campsey, and carried unanimously. The Board of Aldermen adjourned at 10:57 A.M. PASSED AND APPROVED this � day of , 1974. f ✓ y Mayo ATTEST: City Clerk DISTRIBUTION EASEMENT AND RIGHT-OF-WAY THE STATE OF TEXAS t KNOW ALL MEN BY THESE PRESENTS: COUNTY OF .___.WICHITA ___ I That THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS (here' referred�o in t}1 gular, whether one or more) of......Wichi to ._.___..County, Texas, for and in c nsideration onean no i� ------------------------=--==------�---- --1 .00-- of---------------------------------*-------*........-----------------*-------------------------------. -------......_-------------......--------..-.............--•--..--..-.-Dollars ($............--.........--.-... ) to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now11ppcateedd and staked out r7lchita by said Company, along, over, under, across and upon the following described lands located in.................................._.._.._........... County, Texas, to wit: Being described as a 38 .9 acre tract of land out of Blocks 1,2, and 8 , of the Irrigation Subdivision out, of the John A. Scott, Survey 12, Abstract 296, and being better known as Williams Park, Wichita County, Texas, and being more particularly described in that certain deed as recorded in Volume 767 , Page 108, Deed Records of Wichita County, Texas. The center line of said distribution line being located and described as follows: BEGINNING at a point in the West line of above said tract, said point being 2 feet South of the Southeast corner of Block 10 of the W. E. Wilson Acre Blocks; THENCE North 89 degrees East 114 feet to angle point No.l in said distribution line; THENCE South 30 feet to a point; BEGINNING AGAIN at said angle point; THENCE North 67 degrees East 294 feet to angle point No.2 in said distribution line; I i THENCE in a Northerly direction 30 feet to a point; ' BEGINNING AGAIN at said turning point No.2; THENCE North 85 degrees East 215 feet to angle point No.3, in said distribution line; THENCE North 85 degrees East 30 feet to a point; BEGINNING AGAIN at said turning point No.3; THENCE South 65 degrees East 275 feet to a point. Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur- tenances or, said line; the right to prevent the construction of,for a distance of 5 feet on each side of the actual center of said line, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubbery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, as may be necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto. TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns, until said line shall be abandoned. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Comppany, its successors and signs, against every ,person whomsoever lawfully claiming or to claim tl;e ame or any part thereof. WITNESS ........ ............land this-------- day of _.... ......_.... ........_.._.._......................e:.........., 19d, ATTEST Th C t' o jpjiclAta alls Company Agent or a Ic pg C:0' ration Employee Securing Easement: SEAL __. ...i. ..._......i��....,, .. i.. .................................................. ---.................................. gy.:...fi; ra-l.d...Vax,;---C f M-aina e-r--------------- - -� lerk. Y °0 a w i Q ° °' 8 °; o :e E' a z e q z w �+ O C� -^ p m 7 CISo rs. a s a U e o w Q H a .; U Cd : FU2 °° °°y o d W O U: E W w : ° eo Sd '• 00 [-� 7+ W Q +� o o -o a .o m EH m'� ; y K PQ Cd Z 54U � U THE STATE OF TEXAS m, A COUNTY of WICHITA BEFORE ME, the undersigned, a-Notary Public in and for said County and State, on this day personally appeared ]mown to me to be the,person whose name subscribed to the foregoing instrument, and acknowledged to _ me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 17th day of July A. D. 1974 Notary Public in and for Wichita County, Texas. THE STATE OF TEXAS COUNTY OF 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 whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County,Texas- THE STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared GERALD FOX, CITY MANAGER , 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 THE CITE' OF WICHITA FALLS, A MUNICIPAL a corporation, and--that he ezecute8.the same as the act of such corporation for the purposes and consideration therein expressed, and in the'cspgcit➢•"thereiii stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 17th day of JAY A. D. 19?4 • Martha'L. Ceci1 Notary Public in and for CAB.. _ unty,Texas. r { • � 1 �, ` - .Yep '�iiNSu,ike .. .nWM UM..o+e....o.KYP.a .,.-,..•-.... un.. ....r.. w.N{.iJ.dvl' rf, r ■f��iYlit�i��;'�9ia�l�rotdtiNY�NN%q.c.,;t�S,idR$'iY4�.... - � :.. � '�' � I � 01 (1) �I I. �C` 1^ k i r 0 , l ,t f 0 � t 1 DISTRIBUTION EASEMENT AND RIGHT-OF-WAYt,t / i THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRFSENTS: TgICFITP_ j COUNTY OF ---------=- ----------------------- That THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS (herein referred to in the singular, whether one or more) of........Wichita ..._......_.................................County, Texas, for and in consideration -- --- ---- One and r_o I00----_-.--....---------------------•---------......-----------------_-_--_-,---,--.-.-.-Dollars ($-.-1....AQ.-.-............. of......................................�...... ) to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now WiCh�taand staked out by said Company, along, over, under, across and upon the following described lands located im....._..............._..... ..._....._........... County, Texas, to wit: Being described as the East one-half of Block 22, Denton County School Lands, League 1, Tlichita County, Texas, and being more particularly described in that certain deed as recorded in Volume 285, Page 196 , Deed Records of Wichita County, Texas . The center line of said distribution line being located and described as follows: BEGINNING at a point in the West line of above said tract, said point being 1186 feet South of its Northwest corner; THENCE South 78 degrees East 412 feet to a turning point in said distribution line; THENCE South 78 degrees East 30 feet to a point; BEGINNING AGAIN at said turning point in said distribution line; THENCE. North 18 degrees West 30 feet to a point; BEGINNING AGAIN at said turning point in said distribution line; THENCE South 18 degrees East 380 feet to a point. Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur- tenances or. said line; the right to prevent the construction of, for a distance of 5 feet on each side of the actual center of said line, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubbery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, as may be necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto. TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns, until said line shall be abandoned. And I do hereby bind myself, my heirs and legal representatives to warrant and forever defend all and singular the above described easement and rights unto the said Company, its successors and, assigns against every rson whomsoever lawfully claiming or to claim thp same or any part thereof. s��/ WITNESS ..........:G�..............hand this.......Caw day of .: ......::...... ............:.:.._.._ ...._... . The C ty' 'of Wichita F' lls Company Agent or ATTEST A uy1Ci al Corporation _ Employee Securing Easement: SEAL ......._....... ...- 41-mi,6M W J. Tho as, City Clerk -_ -- - ---------- ...... ...... .._.._.._.............. .. .._ ..._.._. _.__ _ • • I f DATE COr ITROL NO LOCATION NO. NEG. NO. MAP NO. L- i SCALE i - FDR NO. L. S. N. 1 11 i + r i f 1 _ poi 7 L0 i Imo �7 ♦, Zoo J d I � l viz DISTRIBUTION EASEMENT AND RIGHT-OF-WAY THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF ------ I^F T- -----------------j That THE CITY OF V;ICHITA FALLS , A MUNICIPAL CORPORATION, ACTING HEPEIN BY AND T11ROUGH ITS DULY AUTHORIZED OFFICERS r 14 (herein referred to in the singular, whether one or more) of.......W.I.Chita........................County, Texas, for and in consideration ...��?.e._.and_..I?Q ..1n0.--------------------------------------- of - • -- - - - - - _ • - • - ...Dollars to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now located and staked out b said Company, along, over, under, across and upon the following described lands located in_..._.Ilichita .............._-•............... ounty, Texas, to wit: Deina described as a tract of land out of Block 34 , League 1, of the Penton County School Lands and known as Jaycee Park, TtTichita County, Texas , and being more particularly described in that certain deed as recorded in Volume 435, Page 152, need Fecords of Wichita County, Texas . The center line of said distribution line being located and described as follows : BEGINNING at a point in the West line of above said Block 34 , said g point being 4 feet North of its Southwest corner; THENCE North 89 degrees East 600 feet to a point. Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur- tenances or. said line; the right to prevent the construction of, for a distance of 5 feet on each side of the actual center of said line, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubbery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, as may be necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto. TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns,until said line shall be abandoned. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS r ....._......_.�and this....... .. day of .... ��...---- ...... .:_.....__..�..: Company Agent or ATTEST CITY' OF -kTICHITA FALLS Employee Securing Easement: SEAL - :............. i.. A...MIJNICIPAL-_-----CORP. _.........._........................_._. y. ----- S : era d-Foie �3._y..Maria'4er...._... Wilma Thomas, city clerk .+ :`..�._. o .� a o Z o M U a �P' •y .. O w A z 2 O ?X.° Cc, w U o i W Ej H W : ❑w v ' ° H Q l 44 a F E-4 0 rz ; 0 W d i'� a rx nCC H: U : c> W U o �, c ua: a) a Ei m 0 i C's ai c i >'o H; P4 i .c 4. b, E a r-) W E..y U V•� Q :x y O to, a .b C rn H . Z W H d'� b u O cis d o ai �+ w E' v � w � 50 v THE STATE OF TEXAS COUNTY OF - 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 whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared lmown to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to - me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. THE STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared GERALD FOX, CITY MANAGER , known to me to be the person and officer whose name is subscribed to the 1cregoing instrument and acknowledged to me that the same was the act of the said CITY—OF WICHITA FALLS, A MUNICUAL Al 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 17th day of Jay A. D. 19 74 Martha L. Cecil Notary Public in d for Wichita County,Tom". [c)c;",Ic):� t�o rJE-G r,C W — 4- ?1 tAip t,,C). 3 7 4 -7 SCALE / -- /--.-(17i I FDR -JIC, 4'6— L S 17 12" hJ 15 T ,c.E7 C V 00 41 I�E WicHrrA