Min 04/10/1967 1021
Wichita Falls, Texas
Memorial Auditorium Bldg.
April 10, 1967
Items 1 4 2
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 7:30 o'clock P.M. , with the following members present:
R. C. Rancier Mayor
R. Kenneth Dill X
D. Clifford Burross
James M. Davis X Aldermen
Leroy Daniel Z
Max Kruger X
Cletus C. Schenk X
Jack Davis City Manager
H. P. Hodge, Jr. City Attorney
Wilma J. Thomas City Clerk
The invocation was given by Alderman Kruger.
Item 3
Moved by Alderman Kruger that the minutes of the meeting held March 20, 1967,
be approved.
Motion seconded by Alderman Hill, and carried unanimously.
At Mr. Lyons' request, canvass of votes and swearing in the Councilmen was
postponed till the last item on the agenda.
Item 6
John J. Roark, Director of Public Works, recommended award of the contracts
for the 1967 assessment paving program to Asphalt Pavers, Inc. , in the amount of
$234,754.87. Since Gifford Hill and Company, Inc, and C. C. Pitts presented tie
bids in the amount of $61,000.00 for concrete, the winner was selected by casting
'a lots. Representatives from both companies were present. C. C. Pitts won the toss.
J ORDINANCE NO. 2319
AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF
CONSTRUCTION OF IMPROVEMENTS AND OF AMOUNTS TO BE ASSESSED FOR
THE 1967 ASSESSMENT PAVING PROGRAM AT VARIOUS LOCATIONS IN THE
CITY OF WICHITA FALLS, TEXAS; FIXING TIME AND 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
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 AND BY FILING THE COMPLETE ORDINANCE IN THE APPRO-
PRIATE ORDINANCE RECORDS OF THE CITY; PROVIDING SUNDRY OTHER
MATTERS INCIDENT THERETO, AND DECLARING AN EMERGENCY.
Moved by Alderman Burross that Ordinance No. 2319 be passed, awarding the
contracts to Asphalt Pavers, Inc. , and C. C. Pitts in the specified amounts,
and that the benefit hearing be set for May 8, 1967.
Motion seconded by Alderman Daniel, and carried by the following vote:
Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk
Nays: None
`fItem 7a
A proposed resolution was presented approving a grant agreement with the
Department of Housing and Urban Development for construction of a water trans-
mission line to Lake Arrowhead.
1022
Item 7a, cont'd.
"# RESOLUTION NO. 699
WHEREAS, the City of Wichita Falls, Texas, organized and existing under and
by virtue of the laws of the State of Texas (herein called the "Applicant") , has
heretofore submitted an application to the United States of America, acting by
and through the Secretary of Housing and Urban Development (herein called the
"Government") , for a grant under Section 702 of the Housing and Urban Development
Act of 1965, for the purposes designated in the said application; and,
WHEREAS, the Government has approved the said application subject to certain
conditions and has submitted to the Applicant a certain Grant Agreement dated as
of March 24, 1967 (herein called the "Grant Agreement"), for approval and execu-
tion by the Applicant, which said Grant Agreement is satisfactory.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE APPLICANT THAT:
The said Grant Agreement, a copy of which is attached hereto, be and the same
is hereby approved. The Mayor is hereby authorized and directed to execute the
said Grant Agreement in the name and on behalf of the Applicant, in as many counter-
parts as may be necessary, and the City Clerk is hereby authorized and directed to
affix or impress the official seal of the Applicant thereon and to attest the same.
The proper officer is directed to forward the said executed counterparts of the
said Grant Agreement to the Government, together with such other documents evidenc-
ing the approval and authorization to execute the same as may be required by the
Government.
Moved by Alderman Kruger that Resolution No. 699 be passed.
Motion seconded .by Alderman Schenk, and carried by the following vote:
Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk
Nays: None
Item 7b
r
J RESOLUTION NO. 700
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS,
THAT:
Jack Davis, City Manager, is hereby authorized to execute on behalf of the City
of Wichita Falls an easement for an electric distribution system, a copy of which is
attached hereto, across the property owned by the City of Wichita Falls at Lake
Arrowhead in Clay and Archer Counties, Texas.
Moved by Alderman Hill that Resolution No. 700 be passed.
Motion seconded by Alderman Davis, and carried by the following vote:
Ayes: Aldermen Bill, Burross, Davis, Daniel, Kruger, and Schenk
Nays : None
Item 7c
A proposed resolution was presented requesting the Texas Highway Commission
to designate a highway route between U. S. Highway 287 Expressway and State High-
way 240. Alderman Burross explained that this was a planned extension along Kell
Boulevard to Loop 165.
RESOLUTION NO. 701
WHEREAS, by unanimous vote, the Board of Aldermen of the City of Wichita
Falls, Texas, passed and approved Resolution No. 643 on May 23, 1966, which Resolu-
tion requested the State Highway Commission to designate as a part of the State
highway system a route in the vicinity of the existing Kell Boulevard between U. S.
287 Expressway and U. S. Highway 82-277; and,
WHEREAS, the' City of Wichita Falls officially presented their request in Reso-
lution No. 643 to the State Highway Commission in regular meeting on June 9, 1966;
and,
1023
Item 7c, cont'd.
WHEREAS, the State Highway Commission tendered Minute Order No. 58021,
dated June 30, 1966, in which the State Highway Department proposed to designate
the above described section along or near Kell Boulevard as the future route of
U.S. Highways 82 and 277 and to participate in the purchase of right-of-way and
provide for its ultimate construction as an expressway facility, all in accor-
dance with existing laws and policies of the State Highway Department, provided
that the city would participate in the purchase of right-of-way and such items
of construction required by Departmental policies for municipal projects and to
accept a portion of the present location of U.S. Highways 82 and 277 into the
city street system for maintenance; and,
WHEREAS, by unanimous vote, the Board of Aldermen passed and approved
Resolution No. 652 on July 18, 1966, which Resolution accepted the provisions of
Texas Highway Department Minute Order No. 58021; and,
j WHEREAS, traffic assignments of the projected 1985 traffic in the Wichita
Falls Urban Transportation Plan indicate a volume of approximately 40,200 vehi-
cles per day of freeway traffic east of the U.S. 287 Expressway; a volume of
approximately 10,500 vehicles per day on an extension of the proposed facility
east of the Central Business District; a volume of approximately 7,200 vehicles
per day crossing the Fort Worth and Denver and M-K-T Railroad and intersecting
State highway 240; and approximately 10,400 vehicles per day on State Highway
240 at its intersection with the proposed extension of the proposed facility; and,
WHEREAS, there is no existing designated highway route whereby traffic can
move from the northeastern area of the city to the proposed interchange between
U.S. Highway 277-82 and U.S. Highway 287-281; and,
WHEREAS, there is no existing designated highway route that can serve to
move traffic from State Highway 240 to the Interchange of U.S. Highways 82-277-
281 and 287.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Texas Highway Department be requested to designate a connecting facility
between the eastern terminus of the proposed U.S. 82-277 Expressway and State
Highway 240, and to participate in the construction thereof. The Board of Alder-
men pledges its support for this project and its willingness to attempt to secure
the necessary funds for local participation.
Moved by Alderman Burross that Resolution No. 701 be passed.
Motion seconded by Alderman Schenk, and carried by the following vote:
Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk.
Nays: None
Item 8a
City Manager Jack Davis stated that bids were received this date for con-
struction of bridge and roadway at Lake Arrowhead. He requested that no action
t be taken until the next council meeting in order for the legal department to work
out a legal question connected with the bids.
i
Moved by Alderman Hill that the time of bid acceptance be extended until the
f next council meeting.
Motion seconded by Alderman Schenk, and carried unanimously.
Items 8b $ c
Ben Shelton, Director of Finance, recommended award of the following bids:
a. Boat and trailer for Parks Department to Jim Miley Boat
r" Company in the amount of $4,025.00.
b. 150,000 pounds BHC Dust for Health Unit to Estes Chemical
Company of Wichita Falls, in the amount of $7,080.00.
1024
Items 8b $ c, cont'd.
c. 500 gallons DDT for Health Unit to Chevron Chemical Company of
Dallas, in the amount of $500.00.
d. 100 gallons Malathion for Health Unit to Public Health and
Equipment Supply of San Antonio in the amount of $800.00.
Moved by Alderman Schenk that the low bids as recommended be accepted.
Motion seconded by Alderman Kruger, and carried unanimously.
Items 9a $ b
J
Moved by Alderman Hill that authority be granted to advertise for the fol-
lowing water treatment chemicals, and for an annual supply of 700,000 envelopes
for the Utility Collection Department. t'
a. 1680 tons quick lime c. 580 tons fenous sulphate ,
b. 464,000 pounds silicate of soda d. 100,000 lbs. sodium hexametaphosphate 1/
Motion seconded by Alderman Kruger, and carried unanimously.
Item 9c
r
Mr. Ricks, of the architectural firm of Ricks and Roberts, presented the air-
port expansion plans to the Council and audience.
Moved by Alderman Davis that final plans and specifications be approved, and
authority granted to advertise for bids.
Motion seconded by Alderman Kruger, and carried unanimously. "
Authority was also requested to establish a Wichita Falls Airport Improve-
ment Fund to be utilized in connection with the expansion of terminal building /
facilities at the airport, and also transfer of $25,000 for furniture and fixtures.
ORDINANCE NO. 2320
AN ORDINANCE ESTABLISHING THE CITY OF WICHITA FALLS AIRPORT IMPROVEMENT
FUND AND DECLARING AN EMERGENCY.
Moved by Alderman Hill that Ordinance No. 2320 be passed.
Motion seconded by Alderman Kruger, and carried by the following vote:
Ayes: Aldermen Hill, Burross, Davis, Daniel, Kruger, and Schenk.
Nays: None
Item 10
A letter was read from City Manager Jack Davis listing the sequence of events
leading up to Mr. Bob Miks' requesting relief from fertilizer bid for Central Seed
and Feed. Mr. Davis also recommended award of the next low acceptable bid to
Goldthwaites of Texas, in the amount of $6,503.31, and that possible legal action
be discussed to recover cost differential from Central Seed and Feed.
Moved by Alderman Kruger that the bid of Goldthwaites of Texas be accepted
in the amount of $6,503.31, and that the right of legal action be reserved.
Motion seconded by Alderman Davis, and carried unanimously.
Item Ila & b
Moved by Alderman Burross that the minutes of the meetings of the Board of
Adjustments and Appeals held March 17, 1967, and the Plumbing Advisory Board held
March 28, 196719 be received. He stated he was also concerned about the safety
involved in the area of Harrison and Speedway where a request was made to the
Board of Adjustments and Appeals to build an extension on a building to within
ten feet of the property line. fie requested that an investigation be made by the
1025
Item 11 a $ b cont'd.
Public Safety Department as to the safety of such extension. Alderman Burross
also objected to the Plumbing Advisory Board's refusal to allow the use of
plastic pipe by Sprague Electric Company for their new plant on the grounds of
lack of adequate information. He felt the advisory boards should not make a
decision if they do not have adequate information. If the pipe does not meet
our specifications, then refuse it on that ground rather than lack of informa-
tion. Mr. Roark, Director of Public Works, stated that plastic pipe was not
acceptable under our present code. Alderman Burross recommended referral back
to the Plumbing Advisory Board.
Motion seconded by Alderman Kruger, and carried unanimously.
Item llc $ d
V Moved by Alderman Burross that the minutes of the meetings of the Electrical
Advisory Board held March 14 and 29, 1967, and the Planning Board held March 15,
1967, be received.
< Motion seconded by Alderman Schenk, and carried unanimously.
Item Ile
Ed Daniel, Director of Parks and Recreation, presented park development
plans for four spray pools to be located in Sunset Terrace, Lamar, Williams,
and either Weeks or Hamilton Park. City Manager Jack Davis suggested that
other locations be considered in case money is available from the 1963 bond
issue.
X Moved by Alderman hill that the minutes of the Park Board meeting held April
6, 1967, be received.
Motion seconded by Alderman Kruger, and carried unanimously.
Mr. Daniel also recommended a complete new tennis complex in Hamilton Park,
from money available in the 1963 bond issue. The present facility could be used
by the public free of charge. The new center would include 8 tennis courts, a
pro shop with restroom facilities, and a parking lot for approximately 80 cars.
Moved by Alderman Hill that authority be granted to draw plans and speci-
fications, and to advertise for bids for both projects.
Motion seconded by Alderman Schenk, and carried unanimously.
Mr. Daniel was complimented on his presentation.
Items m 12
Moved by Alderman Davis that water reimbursement contract payments in the
amount of $3,783.470 and sewer payments in the amount of $3,175.61, be approved
as follows:
Titus Mitchell, Water, Mitchell Subdivision from March 1, 1966 to
March 1, 1967; $99.37
Robert M. Puckett, Water, East Eden Hills, Section A-2 and A-3 of
Exhibit A. from March 9, 1966 to March 9, 1967; $324.96
Robert Seabury Real Estate, Water, from University Park Addition,
Section S-T-T-1, from March 1, 1966 to March 1, 1967; $3,359.14
Robert Seabury Real Estate, Sewer, University Park Addition, Section
S-T-T-1, from March 1, 1966 to March 1, 1967; $876.28
Robert M. Puckett, Sewer, East Eden Hills, Section A-2 and A-3 of
Exhibit A. from March 9, 1966 to March 9, 1967; $83.82
C.W.L. Dennis, Sewer, North Indian Heights Addition, from March 1,
1966, to March 1; 1967; $78.37
1026
Item 12, cont'd.
W. H. Spiser, Sewer, Spiser Addition, First and Second Addition, from
March 1, 1966 to March 1, 1967; $251.78
Titus Mitchell, Sewer, Mitchell Subdivision, from March 1, 19660 to
March 10 1967; $35.02
University Park Corporation, Sewer, University Park Subdivision, Sec-
tion A-4, from March 1, 1966, to March 1, 1967; $112.37
Hughes Development Company, Sewer, Unit #1 of Faith Village, from
November 19651, to July 9, 1966; $1,737.97
Motion seconded by Alderman Kruger, and carried unanimously.
✓ Item 4
Canvass of the votes was made for the election held on April 4, 1967.
After completion of the canvass, Mayor Rancier expressed appreciation to
Alderman Burross for the service he has rendered to the City of Wichita Falls
during his six-year tenure as Alderman. He stated that he hated to lose him, but
also welcomed Mr. Lyons as a new member.
Alderman Daniel expressed his pleasure at having served with Dr. Burross,
and other members of the Council. He stated that those who serve on the Council
are not politicians, but servants. He stated that Dr. Burross has given unself-
ishly of his time and talents, and has served with knowledge, foresight, and
ability, and has always felt that he has given his true thoughts on any subject.
Alderman Schenk stated it had been a pleasure to serve with Dr. Burross. His
background knowledge has given the Council insight on how to handle some of their
decisions. He has devoted his time, and given of his best efforts, and is commen-
ded for his unselfish time and service to this community.
Alderman Davis stated he had enjoyed serving with Dr. Burross, and stated that
no one who had not served on the Council could know of the service he had rendered.
Alderman Hill stated he had enjoyed serving with Dr. Burross, who is so very
capable, and wished God's greatest blessings on him.
Alderman Kruger expressed appreciation to Dr. Burross, stating he had found
him the most knowledgable person on the Council. lie also welcomed Mr. Lyons.
Alderman Burross stated he had began serving with Winston Wallander and
0. D. McBride, and that one of the greatest joys had been to know and work with
all the members of the Council and mayors, both past and present. He thanked the
citizens of Wichita Falls for allowing him the privilege of serving. lie expressed
appreciation to the City Manager. He also thanked his wife and children who have
given of their time to allow him to serve. As president of the Texas Municipal
League, he served in various programs of progress, his primary interest being in
the permissive sales tax bill. He feels this program is necessary to provide an
expanded program of municipal services. This bill provides for the people to
conduct and levy upon themselves a permissive sales tax. He predicted that even-
tually it will be voted in every city in the state of Texas. He also commented
that sometimes there is a mistaken notion that Councilmen receive extra remunera-
tion for their services, and he stated that in six years he would have received
$720.00, his name plate, his chair, and an option on either a lot at Lake Arrow-
head or lifetime ;membership at the golf course. He also challenged Mr. Lyons
that this position belongs to the people; however, the conduct of it belongs to
the person holding it.
Alderman Burross left the Council floor with a standing ovation after wishing
God's blessings on the Council, the City, and its citizens.
Former Mayor Winston Wallander lauded Dr. Burross for his service and dedi-
cation to the City of Wichita Falls, stating that the citizens here will forever
be indebted to Alderman Burross for his service. He also commended Mr. Lyons for
his interest in the City.
1027
Item 4, cont'd.
RESOLUTION NO. 702
i
A RESOLUTION CANVASSING RETURNS OF THE MUNICIPAL ELECTION HELD IN
THE CITY OF WICHITA FALLS, TEXAS ON APRIL 4, 1967, FOR THE PURPOSE
OF ELECTING ALDERMEN FOR POSITIONS NO. 1, NO. 2, AND NO. 3.
WHEREAS, at a regular meeting of the Board of Aldermen of the City of
Wichita Falls, Texas, held in the Memorial Auditorium Building on the loth
day of April, 1967, at which time a quorum was present, came on to be con-
sidered the returns of the municipal election held on the 4th day of April,
1967, for the purpose of electing Aldermen for Positions No. 1, No. 2, and
No. 3; and,
W►IEREAS) after canvassing the returns of said election, it was found to be
duly and legally held in all respects, and there were cast at said election 4095
votes for the election of three Aldermen; and that
FOR ALDERMAN, POSITION 1 :
Kenneth Hill received 3631 votes
Write-in votes 151
FOR ALDERMAN, POSITION 2 :
S. M. (Scrog) Lyons received 2166 votes
D. Clifford Burross received 1879 votes
Write-in votes 1
FOR ALDERMAN, POSITION 3:
James M. Davis received 3655 votes
Write-in votes 129
AND, it appearing that Kenneth Hill received the greatest number of votes
cast at said election for Aldermen, Position 1; that S. M. (Scrog) Lyons received
the greatest number of votes cast at said election for Aldermen, Position 2; and
that James M. Davis received the greatest number of votes cast at said election
for Aldermen, Position 3.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT Kenneth Hill, S. M. (Scrog) Lyons and James M. Davis
were duly and legally elected Aldermen of the City of Wichita Falls, Texas, at
said election, and that said election was in all respects legally held in accor-
dance with the laws of the State of Texas and the Charter and Ordinances of the
City of Wichita Falls.
Moved by Alderman Daniel that Resolution No. 702 be passed.
Motion seconded by Alderman Schenk, and carried by the following vote:
Ayes: Aldermen (till, Davis, Daniel, Kruger, and Schenk.
Nays: None
Mayor Rancier administered the Oath of Office to Mr. Lyons, Mr. Davis, and
Mr. Hill, congratulating each.
Mr. Lyons stated he was happy to join these gentlemen, stating he had heard
a lot of good things about all of them, including Dr. Burross, and that he hoped
when he left that some good things could be said of himself.
The families of all the Aldermen, former mayor and alderman, and City staff
members were recognized.
Moved by Alderman Kruger that the meeting be adjourned.
Motion seconded by Alderman Hill, and carried unanimously.
The Board of Aldermen adjourned
r-n�e-�d at 9:30 P.M.
PASSED AND APPROVED this,�5��,day of 1967. s
ATTEST:
Ma or
ity Clerk
� r � • •
f HUD-4,42,
�s•cc,
t
DEPARTMENT OF HOUSING AND UR3AN DEVELOPMENT
GRAN T AGR:--E?.i11~N T
(Water and Sowor Facilities Grant Program)
I
Norse of Applicant: The City of Wieliita Falls, Texas Project No.
WS-5-44-0063
I
Federal Contract No. H-502-4235
Address: Wichita calls, Texas
i
THIS GRANT AGREEI4EN T dated as of Xl a rb 94, 1967 by and between The C:i L- of
E
I
Wichita Falls, Texas (herein called the
'Appiicont11), and the United States of America, Secretary of Housing and Urban Development (herein called the
"Gov--.nment �: •
NOW, THEREFORE, THIS AGREEMENTWITNESSETH:
That for and in consideration of the mutual promises hereinafter contained, the parties hereto do convenant and
agree as follows: 9
Section 1. Amount and Purpose. Subject to the Terms and Conditions (Form HUD-41420 dated_i� y�C},� —)
attacied hereto and made a part hereof as Attachment A, and the provisions of this Agreement, the Government will i
moko a Grant to the applicant in an amount not to exceed $ 1,500,000 or SO percent of the Eligible Project Cost
cs determined by the Government on completion of the Project, whichever is the lesser, in order to aid in financing the
Project hereinafter defined, presently estimated to cost $ 3,5_ 12,760 {
Section 2. Description of the Project. The project shall consist of the rnn�tr„rri ;l-�F-a Za�7�tai�1
trans-mission line and pumping station for transfer of Water frn-n T ate Lz"__ W, .ead_
i
I'
to the City (herein called the "Project';.
Section 3. Government Field Expense. The amount of the fixed fee for Government Field expense referred to in
Section 33 of the attached Terms and Conditions shall be $_2, Son
Section 4. Reduction in Grant. The Government shall have the right to reduce the amount of the Grant upon giving
the Applicant written notice, if the Eligible Project Cost after award of construction contract is determined by the
Government to be less than the estimated cost upon which the stipulated amount of the Grant was based.
Section 5. Special Conditions. The Government's obligation to make the Grant is also subject to the Special
Conditions attached hereto and made a part hereof as Attachment_g_.
IN ,'IITNESS V,'HEREOF, this Agreement has been executed in the name and on behalf of ThP L�i%_�r
of Wichita Falls, Texas by the undersigned official, and under
its official seal, attested by its City Clerk --
and in the name and on behalf of the United States of America, Secretary of Housing and Urban Development, by the
undersigned official.
r
TIT.: CITY W HIT LS, TE.US
By
(Signature j
i
R. C. Rancier Mayor
(_1;ZAL)
(Type Name and Title)
Sr7narur�•)
C�Z, Cl_-
Ui\i T ED S T A T:S OF AiJ,ERICA
J:crcl ry a. Housing ci-,o vruan
r
�c VQI0,�
- - --- -- Title
,:,Cgion V ;-
+� `7 h ,� �r p Ft Lift ell 114 0
IaO+�SINNG AND 0213ANI DL V ELOa.�l`/11`I—2 Jffil
"t%,iVlllTlC i16 "A"
y�L yl�l,6 0 AIND CuNDI A 10NS
Constituting Part of the Grant Agroement providing for the
Financing and Construction of Water or Sewer Facilities
Under Title vII of the iiousing and Urban Dc;velopment Act
of l965, Public Law 39-117, August 10, 1965.
Section 1. used in these Terms and Conditions:
"Govornnncnt" means the United States of America.
"project" „scans the Water or Sewer Facilities covered by the Grant Agreement.
"Grant Agreement" moans the contract between the Government and the Applicant
covering the Project and includes both these Terms and Conditions and other
contract instruments.
"Applicant" means the public entity or entities designated in the Grant Agreement.
"Project Cost" means the cost of construction work for the Project, cost of neces-
sary architectural/engineering services, legal, administrative and clerical
costs, cost of land acquisition, necessary travel expenses, interest during
construction, and other necessary miscellaneous expenses.
"Eligible Project Cost" means the cost of construction, of land acquired for the
project, and of site improvements, all as determined by the Government.
Depository Bank" means a bank or trust company which is a member of the Federal
Deposit Insurance Corporation.
"Project Site" means any of the land, rights-of-way, easements, or other interests
in land acquired by the Applicant in connection with the development of the site.
Section 2. prerequisites to GOvernnnent's Obligations.--The Government Shall be under no
obligation to disburse funds under the Grant Agreement if:
(a) Ropresentations.--Any representation made by the Applicant to the Government In
connection with the application, shall be incorrect or incomplete in any material re-
spect, or the Government determines that the Applicant has failed to proceed pro:aptiy
with Project financing or construction;
(b) Concurrence by Government.--The Applicant, having sub;nitted to the Government the
docume nts mentioned in Section 16 hereof, shall have proceeded without Navin; been
advised by the Government that the same are satisfactory; it being the purpose of this
provision to insure that no action will be taken in the development of the protect which
would -result in legal or contractual violation rendering it impossible for the Govern-
ment to make the grant hereunder or for the parties to accomplish the objects of the
Agreement;
(c) Prohibited Interests.--if any official of the Applicant who is authorized in such, capacity
and on behalf of the Applicant to negotiate, make, accept or approve, or to to?ce any
part in negotiating, making, accepting or approving any architectural, engineering,
inspection, construction, materials, supply, or equipment contract or any subcontract
:n connection with the construction of the project, shall become directly or indirectly
I
in any L;uch contr.lct Or 'Aibcontract, or if any
WC 017 1'(;,: .Cc
'( A /e x C; U
Oil of til, Applicant to cxcrcisu any ru c I
c4 0 . 11 .1.1
-1 with the con�-truction ol th�: c '-all
Of indirectily lntozustcu' personally
,;_1 y C,^
equip mcnt or insurance contract, in any subcontract or any other c(--)ntract
perullnin, to the proicct.
Section 3. Applicant's funds.--The Applicant shall initiate and prosecute to completion all
Ile tiic ApplicanL to 11)rovi c 11
nrocccc�ln,,,G ;-locci:_;�ry Lo (I i�s s, are of tzli;: Project Cost on of
prior to G"C "inle 11-1,lz 'SUC71 are nceu- C6 to mcct project costs.
Section
,tl Matters.--Tile Applicant shall take all actions necessary to enable it to 1i
nancc, co:16Czucz, aii6 c:,.;vc1op the project ill Quo time, form and manner as required by law and
z"Ic Gr-nt Aorcon-ionz.
Soction, 5. Pro;_-cz Site.--The project shall be located on lands or the requisite interest therein
of the Ap-,)Iicant; such lands and interest when acquired subsequent to the date of the Grant
Agreement shall be acquired in accordance with the land acquisition policy requirements set
fort', I'n' Sections 6 through 9 hereinafter. The Applicant shall comply with the provisions of
f o
Title IV, Of the housing and Urban Development Act of 1965 (P.L. 89-117) and regulations and
requirements of the Government thereunder which establish certain policies and provide for
specific payments in connection with the acquisition by eminent domain of the real property
necessary for the Project.
Section 6. Ne!Toziated Purchase.--The Applicant covenants and agrees that it will make every
. j
reasonable effort to acquire each parcel of or interest in land constituting .part of the Project
Site by negotiated purchase. Applicant shall (1) directly or through its agents, make a diligent,
L for such property and,
conscientious effort to induce the owner to accept a fair and proper price 10
if such effort is unsuccessful, make aftnal offer to the owner in writing. Such offer shall include:
(1) an invitation to discuss the acquisition of his property with the applicant; (2) afford a reason-
able period of time for the owner to consider the offer; and (3) include a notification of the date
oor, w4lich the applicant intends to institute eminent dornain proceedings if agreement cannot be
reached for a negotiated purchase within the time specified.
Section 7. Payment for Real Property.--The Applicant covenants and agrees that it will not
rcc,uiro thlo owner to surrender possession of any parcel of or interest in land constituting part
O" rile Pro joci: Site until it has paid to the owner (1) the agreed purchase price arrived at by nego-
tiation, or (2) in any case where only the amount of payment to the owner is in dispute, not less
-1 the property as approved by the applicant. Such
75 percent of the appraised fair value of j -nent for 75 percent payment may be satisfied either by direct payment to the owner or
c .
by deposit in court of such amount, provided such deposit may be paid over to the owner without
prejudice to his right to obtain a judicial determination of the value of the property. A tender of
j o
payment to the owner, whether or not accepted by the owner, shall be regarded as payment.
Section. S. Not-ice to Surrender Possession.--The Applicant covenants and agrees that no person
lawfully Occupying property constituting part of the Project Site shall be required to surrender
_,Osscssion on account thereof without at least ninety days' written notice of the date on which
construction or development is scheduled to begin. Such notice shall be given to all persons iaw-
sale.
h property including owners conveying title pursuant to a negotiated
lully Occupying such (Y I right to possession of the prop-
�-, - 1 0
�D sha:1, not be given until the applicant has the legal ri h
1217 ZY.
2
C. J:_..,:0. --T hC a;;)iicant covenanLS and a tees ti7aC 1C 'J/{11
'C:!G..S ac("ii,:..ir'. !„
SC.a u:. av--a- or 1i,
1 (,01. > ::i;.a.A LC :n:..:i:tai.nc:u in One place for a.
COi,lpiet oil oa coIlStruCtion Of L1 Aro
jcct.
tie:(li)il l0 1)l;i)IL lr:70'711nt of Cl rar i'Liil lo: 1.:nd Acqui=;1i On.--The Applicant may rC(jW-:, r.Grs
6'oursclnont5 oil account Ol graliz providCCI in the A-reOmCnt for acquisition of land at any umG'
'CcoipL o. :11C :};:ee;ilCnt a neCdod to'Cnab1C the Applicant to make payrnont ,is rCCjuirC(:
Ui1C er � '�'17Ciih ;1bOVC, j),0\>'OCC. (1) 110 lilli)CC�l;ilent oXiSLS VJ1LCh wOUICi '-CVuilt Carrying' fJle'/�rd
je�,i, '-"i" (.=) tihe lA;r;iiCallL i1aS 11 firm U1d binding cornn'liLnlCnt i`or its :�hiarc Of Lhc Proj-
eCl C.);'•::', :,.. (;j a. CO.; G dic lanai so aC(, irCd is aCCeptahiC to the GOVerrir[1G'nC. In the CVCnt
1l
.,Cet l0: <t�0:h11)' r%' ;i i'.� SL;:)L;CCuCiltiy auatidOned, the Applicant covenants and agree; that It
\V1:. <C; .i j ail}' iU;iCrz; ci::�i)llrSed i1Ci"CUndeY.
Section ll. r_r: ia__7<_,;hursc'r,7ents.--The Applicant may requisition disbursements on account of
a ;n L,1c: : ;rCCnlenL at ally Linic:. Such requisitions Shall be accompanied t SUCK
Slii%,)Oriail C,atC, a5 ti7� GOVCrilment i-nay roquire. The Government shall :donor, subject t0 L'nC
s of ti",C A';roonacnt, such requisition:,in amounts and at tunes dcc nod by It CO be proper
LO a.1dG: L'i7� OX Cuitious pros ocuLion anci payment to tliC COSCS Of the ProjCCt. L\G request for
review of a determination of the Government affecting the grant payable under the Agreement
will be considered unless such request is received by the Government not later than three months
following notice to the Applicant of such determination.In no event shall the total amount of grant
funds disbursed to pay land and construction costs exceed 90 percent of the grant amount speci-
fied in the Agreement for such costs until after the Project has been completed and audited, and
the final grant amount determined by the Government.
Section 12. Prerequisites to Disbursements.--Prior to the Government disbursing any portion
of the grant except as provided otherwise in Section 10 above, the Applicant shall present satis-
factory evidence that:
(a) It has obtained, or can obtain, all land,rights-of-way, easements, permits, franchises,
Federal, State, County, and Municipal approvals required in connection with the con-
struction and operation of the Project, including approval of the final plans and speci-
fications by the appropriate State authorities;
(b) It has the funds or a firm and binding commitment to provide its share of the Project
Cost;
(c) It has deposited into the Construction Account, in addition to the grant proceeds, any
portion then available of the funds to be furnished by the Applicant to meet its share of
the Project Cost and that it will promptly deposit any remaining portion of its share of
the Project Cost in order that all payments in connection with the Project can be made
as the same become due;
(d) The Project can be completed at a total cost satisfactory to the Government which will
be within the amount of funds available therefor; and
(e) IC is able to provide or obtain the provision of all necessary building or household con-
ncc:ions and local collaclion or distribution laterals as determined by the Government
fro;11 sources ot7er than grant funds hereunder.
3
' i
AJ)011cant oh;ill set up in a Dcl)o."Irory ( r
of, i xcd by law, a 6up,,rate account or. accounts (hcrc:,,)
''CollStructioll Account") into which
ich be deposited any tom;)(-)ra-,y IoLn,;,
0 anu 111C luncis recuirod 1)y proviL;ions of thic Grant tr,
t
by t, 1) A- I
L to aS.�;Ure the pIy,nCnt of all '�r(')4CCt C L;t
iur�"]s "Od ho Ap: 1:Cnill: ill order V,o n y. t e
Construction ACCOunt S11"Ill be expended only for such purposes as shall have been previously
spoci"'icc" in the Project Cost estimates approved by the Government. The Aloplicant shall pay all
Project Costs from the Construction Account.
Ill 110 COI-,StZUct-Ion Account shall be secured by the Depository Bank in the manner pr(_
OY .latUzcc; to L(-IC ',;CCUrinkr 01 )U,)!iC funds. Where the moneys on deposit in the
Construction AccOU11L CXCCed the O-BtinlatOdl di.;�'Airsements on account of the Project for the next
90 cl_ys, ti-,c Applicant nil-ly direct the repository Bank' to invest such excess funds in 61rcct
01)II*'v"-"*(:)IIs 0l' or o'0'I':,;'I'ions the principal of and interest on which are guaranteed by, the United
stal:e6 (lovezi-ill-Ici-i", shall nlaLurc not later than 18 rnonths after Lhc date of such investment
I)c subject
OJOCt to rcdempLion at anytime by the holder thereof. The earnings from
.lily SUC:l investments shall be deposited in the Construction Account by the Applicant.
.%'Zor co;-lipletion of construction and payment of all costs of the Project, any balance in the Con-
strUca�)il Account remain therein pending determination by the Government of the total
the ;rant. Suci balance sliall be used to refund promptly to the Government any
g
ovOr,-)I-.yi',',cnz made with respect to the grant; any amount thereafter remaining shall be available
0
for uiSpOSitioii i,,y tic Applicant in accordance with its other contractual agreements, applicable
State or local law or other governing conditions.
�Sect-ion !4. Prornot Procedure - Econonnlc Construction.--The Applicant covenants and agrees
that it will proceed promptly with all matters necessary to the financing and the development of
the Project; and that the Project will be undertaken and developed in such manner that economy
will be promoted in such development and in the construction work.
Section 15. Approvals and Permits.--The Applicant shall obtain approvals and permits required
by law as a condition precedent to the acquisition, construction, development, and operation of
the Project.
Section i6. Submission of Proceedings, Contract and Other Documents.--The Applicant shall
subunit to the Government such data, reports, records and documents relating to the financing
construction, and operation of the project as the Government may require. Approval of the
Government must be obtained prior to the assignment of any interest in or part of any contract
relating to the Project.
Section 17. Construction by Contract.--All work on the Project shall be done under contract and
every opportunity shall be given for free, open and competitive bidding for each and every con-
struction,
material, and equipment contract. The Applicant shall give such publicity by adver-
tisement or calls for bids by it for the furnishing to it of work, labor, materials, and equipment
as required by applicable law and as will provide adequate competition; and the award of each
contract therefor shall be made, after approval by the Government to the lowest responsible
bidder as soon as practicable; Provided, that in the selection of equipment or materials the
t%p:,'Iicanz may, in the interest of standardization or ultimate economy, if the advantage of such
standardization or such ultimate economy is clearly evident, and if permissible under applicable
local law, award a contract to a responsible bidder other than the lowest in price. The Applicant
nl-,,min the concurrence of the Government before approving subcontracts relating to the
SO, till IS. ;n Coll:;CructJ011 Golht:raCt.--Any Cilallg;C in a con_truction contract :,'hall bu
t0 iIl l) (.,OVL'i .I1h LihL ior al'i)rOV:ll.
SoC'iion i9. Loll;i act Sc .uriCy.--Tile Applicant Shill require that each construction contractor
shall ;u:'nish a perform:nee bond in an amount at least equal to 100 percent of his contract price
as security for the fa1t11fUl performance of his contract and also a payment bond in an arltOUni not
IeSS titian 50 percent o: his Contract price or in a penal sum not less than that prescribed by
State, territorial, or local law, as security for the payment of all persons perforraing lal,or on
the Plro.ject under his contract and furnishing; materials in connection with his contract. The per-
foYn la:h'C ooGd find the payment bond may be in one Or Separate instruments in accordance with
local taW.
Sec-Jinn 20. Iilsur.:,ce Construction.--The Applicant shall require that each of its con-
dUrin`; L','.e life of his contract, Workmen's Coripcnsa-
Lion i1iabiiity, 1)3'ojlcrty DLa-lage, and Vehicle Liability insurance, in amounts
to the Governi-rent. Until the Project 1S completed and accepted by the
1" Ali;r,ilt ;le Ap :'cunt or (at the option o: the Applicant) the contractor is required to maintain
in5urailCC (fire and extended Coverage) On a 100 percent baS1S (COrnplCted value
o portion of Lhe Project for the benefit Of the Applicant, the prime ContraC-
tOr, any: ;,:i S:1'JCuiitraCtOYS, aS their intereSCS may appear.
Section 21. Vlla-c �aCS.--Tile Applicant Shall comply with the prOViSiOnS Of the Act Of V1aiC:1 31
(,)_Vs-3acon Act, 40 USC sec. 1276), as amended, and the applicable rules and regulations
issuo i Jy 'Lhc' &�creiary of Labor thereunder w ,ich aro incorporated therein by reference. The
Ap llcar.t sh::ll cause to be inserted in each constract or subcontract subject to the Davis-Bacon
Act the specific provisions required by the regulations of the Secretary of Labor.
Section 22. Contract Worl: Hours.--The Applicant shall comply with the provisions of the Con-
tract Work Hours Standards Act (40 USC secs. 327-332) and the applicable rules and regulations
issued by the Secretary of Labor thereunder which are incorporated herein by reference. The
Applicant shall cause to be inserted in each contract or subcontract subject to the Work Hours
Standards Act the specific provisions required by the above regulations.
Section 23. Payment of Employees.--The Applicant shall require of its contractors that all em-
ployees engaged in wort: on the Project be paid in full (less deductions made mandatory by law)
not less often than once each week.
Section 24. Copeland Act.--The Applicant shall comply with the provisions of the Copeland Act
(Anti-Kickback), 48 Stat. 1948, as amended, and the applicable rules and regulations issued by
the Secretary of Labor thereunder which are incorporated herein by reference. The Applicant
shall cause to be inserted in each contractor subcontract subject to the Copeland Act the specific
provisions required by the above regulations.
Section 25. Accident Prevention.--The Applicant shall require of its contractors that precaution
shall be exercised at all times for the protection of persons (including employees) and property,
and that hazardous conditions be guarded against or eliminated.
Section 25. Supervision and lnspcction.--The Applicant shall provide and maintain on its own
;,;'; tuYa O eglleYing SCYVICCS COVeYin; the t i 4
.,..�,,;:C* Vll of ...-10 6i,vclopri.ent and construction of the Project.
5
tii`C 1O11 �i. Cl ": ill`)IO li'Il" p - n t:L'rc`)y,• v : O, , o tunit�. -�,lc applicant a;;r.c:�•• to
C:1L1:C tO bC :illy COItLI::ict i Or Coll SLI'uct:oil wort, or i"nod.l:CaL:ort tf:CreOf, Rio:
for i11 w:; Ole or in part V'Jili1 :Lnlds 01)"ained horn the federal Government Or 1,orrovicd on the
crc,iit Of t"Ic i'CUeral Govermnicnt pursuant t0 a grant, contract, 'Loan, irt:;urancc Or jarantec, or
U:ldertaiKCil 1)UrSLlaiit to any e(kcral program involving such grant, COnLraCt, loan, insurance or
guarantoo, the following equal opportunity clause:
"During the performance of this contract, the contractor agrees as follows:
(1) Tile contract"Or will not d;SCril;irate agninst nnyernpioyeeor .1)plicant .or Crnr)i(,yr-,cnt
bccall ,(.'. of race, CrCCd, color, or national origin. The contractor will Lake aiiirrnativC
aCti011 to CIISUre that apj)liCalltS arC Cniployed, and Lhat ernployee5 arc treatCd dUrin
oninloyniont, witaouz regard t0 their race, creed, color, or national origin. Such ac':(,n
shall include,- but not be limited to, the following: employment, Upgradin1g, demotion,
Or tranSTCr; recruitment or recruitment -dve-rtis,n,-; lsiyoff or termination; rates of
pay or other forms of Compensation; and selection for training, including apj.rentice-
ship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or
on b hai: Of the contractor, state that all qualified applicants will receive consideration
I
or employment without regard to race, creed, color, or national origin.
(3) The contractor will send to each labor union or representative of workers with which
he ;.as a collective bargaining agreement or other contract or understanding, a nonce
to be provided advising the labor union or workers' representative of the contractor's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965,
and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) The contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary
of Labor.
(5) The contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books, records,
and accounts by the Department of Housing and Urban Development and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules, regu-
lations, and orders.
(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations, or orders, this contract may be
cancelled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts or Federally-assisted construc-
tion contracts, in accordance with procedures authorized in Executive Order No. 11246
of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation,
or order of the Secretary of Labor, or as otherwise provided by law.
(7, The contractor will include the provisions oA. paragraphs (1) through (7) in every sub-
cor,; act or purchase order unless exempted by rules, regulations, or orders of the
6
Of !.a1001' hUt to S 1,2/,cction 20,11 of E.xc;curivc,
24, 1966, so that such 1-)rovis:Ons, will I be 1)i r,d i n i ui,oncrier. subcontractor
or Vendor, file CojjtZaCtor, 1 W411 tale such action with rcs'puct to any ;I*ui,c(,.-,,,,-..cz or
1. Za1�
r purc,,,a�3c o 'or as the Dcnartincrit of ITOUSing and Urban C)evciopmc.nt nnay dircct a.; a
f.
means of cnforcino- such
provisions, �including sanctions for noncompliance;
no%Ycvc-L, Tit at in tho event the contractor becomes involved in, or is thrcaca r_C! wiz-,
litigation with a subcontractor or vendor as a result of such direction *Ijy thc Dc.f,ar
111011t of housing and Urban Development, the contractor may request the United States
e
to enter into such litigation to protect t'I,,e interests of the United States."
Thu Ali Cant ftirther nt-rccs that it will be bound by the above equal opportunity clau2;c in any
federally-assisted construction work- which it performs itself other than through the
work force directly employed by an agency of government.
Tli-,c Applicant agrees that it will cooperate actively with the Department of ;lousing and Urban
Devo'c)D, n wilt and the Secretary of
Labor in obtaininZ, the compliance of contractors and subcon-
-LracLozs w tn the equal opportunity clause and the rules, regulations and relevant orders of the
Secretary of Labor, tl-.at it will furnish the Department of Housing and Urban Dovelonnicnz. and
Of T format supervision of such cona-
Li,o Secretary I Labor such information as they may require for the supery 4-
M otherwise Housing Lan Do C I',
piianco, and that it will hcrwisc assist the Department of "Ous' - and Ur' vclo,�, -. n
-nary responsibility g con,-Iplianc(-.,. Tho Applicant
jilc of the Dcp,rn-nent's pr.
ft
'ile- -,-rcos that it will refrain from entering into any contract or contract modification su'L-_
icc, to ,-,xccutivc Order 112-16 with a contractor debarred frorn, or who has not demonstrated
i - s Z to
"", il4ty 'c
cli-lob I r, Government, contracts and Fede r ally-as s istod construction co:tracts uan
Part III, Subpart D, oil' Executive Order 11246 and will carry out such sanctions and penalties for
violation of the equal opportunity clause as may be imposed upon contractors and subcontractors
by the Department of Housing and Urban Development or the Secretary of Labor ?ursuant to
4�
Part 11, Subpart D, Of Executive Order 112,16. IM addition,
Ion, the Applicant agrees that1A. it -.17a.-Ils or
refuses to cornply with these undertakings, the Department of Housing and Urban Development
may cancel, terminate or suspend in whole or in part this grant, may refrain frorn ex te nd in,- any
further assistance to the Applicant under the program with respect to which the failure or refusal
occurred until satisfactory assurance of future compliance has been received from such Appli-
for appropriate legal proceedings.
cant, or may refer the case to the Department of Justice
it will co,
Section 28. Civil Right A y
L I s Act of. 1964.--The Applicant covenants and agrees that —npi
VT
I of the Civil Rights Act of !964 (P.L. 88-3
w', 52), and with the rules and re-ulations,
(241 C-FR, Subtitle A, Part 1)of the Department of Housing and Urban Development issued pursuant
thereto.
Section 29. Pavments to Contractors.--Not later than the fifteenth day of each calendar month
the AT,)?,Llcant shall make a partial payment to each construction contractor on the basis of a duly
certified and approved estimate of the work performed during the preceding calendar month by
and acceptance of all work, cov-
tine particular contractor, but shall reta4n until final completion
. a
croc; by the particular contract a reasonable amount, specified in the contract, sufficient to Jinsure
the proper performance of the contract.
is
Section 30. Inspection of Work and Records; Maintenance of Records.--The Applicant shall re-
quire of its contractors that the Government's authorized representatives be permitted, and it
w;,7.1. itself permit them to inspect all work, materials, payrolls, records OIL personnel., Invoices
Of materials and other relevant data and records appertaining to the development of the Project.
he Ap-,I icant shall maintain proper and accurate financial records, books and accounts per-tain-
will readily disclose (1) relocation costs,
development of Project that
Lo �;rzan� and
7
(3) oili,,er Projcct co-;"s, and ."hall
lo Cxanlilic such rccor6s, and accounts. The tr)
'd -i one place for at least a pe�-Iod of ihreE
n1aini.-iin 01 �'I-ic .1,orcsal data,t,a, recordIsandinvoices �Ji
complctiojj Of consti:uctio;I of t,-,c Project.
Sect4oil 31. Si(ns.'I'llic ApplIcal,,t shall cause to be erectedat the site oil the ProJ-' .-ct, and -,air;-
4 � e
taincC, during construction, signs satisfactory to the Governmentiden,� jy
� i ,n- II
th Project and irldi-
catilj,� *C,,Ic fact that the Government is participating in the development of the Project.
0
Suction 32. Audit.--The Applicant shall contract at its own expense for an audit of the Project
by an independent certified or licensed 'public accountant; a copy Of the contract shall Inc.; fur-
n-AsI,,_,,i to the Government; and three copie
s of the audit report in substance satisfactory to the
Government shall be furnished promptly to the Government.
I bill the Aoplicant for payment
Soc,C,ion 33. Govo-, nnicnz fieldI7xpc-nsc.--'I`_AIc Governi-nont w"
01 ll-jc fee spocif-icd in the Grant Agreement to cover inspection costs and payment will be due
,;:om, the first funds deposited in the Construction Account by the Applicant to pay Its share of
J -c Grant Agreement, the Applicant shall ne
project Cost. In -the event of termination of th
entitiod to a refund of all or aproportionate part of the fee. The refund shall be in such an amount
as ti-Ac Government dctormincs to be equitable un6cr the circumstances.
Section 3-1. Operation of Project.--The Applicant covenants that it will operate and maintain the
project or provide for the operation and maintenance thereof, to serve the objects and -purposes
for which the grant has been made available under the Federal law and the terms of the Agree-
Mont.
Section 35. Interest of Third Partics.--The Agreement Is not for the benefit of third parties,
including the holders from time to time of any of the bonds issued to finance a portion I of the
project, and the Government shall be under no obligation to any such parties, whether or not
0
indirectly interested in said Agreement, to pay any charges or expenses incident to compliance
by the Applicant with any of its duties or obligations thereunder.
Section 36. Interest of Members of or Delegates to Congress.--No member of or delegate to the
Congress of the United States shall be admitted to any share or part of this Agreement or to any
benefit arising therefrom.
Section 37. Bonus or Commission.--By execution of the Agreement, the Applicant represents
that it has not paid and, also, agrees not to pay, any bonus commission or fee for the purpose of
obtaining an approval of its application for the grant hereunder.
Section 38. State or Territorial Law.--Anythingin the Agreement to the contrary notwithstanding,
� 1-1 any
nothing in the Agreement shall require the Applicant to observe or enforce compliance w�c'
provision thereof, perform any other act or do any other thing in contravention of any applicable
r
State or territorial law; Provided, That if any of the provisions of the Agreement violate any
-reoimcnr woult
applicable" -c compliance 0
.,),-cable State- or territorial law, or if pliance with the provisions of the A- 'I" at once
_CC, the Applicant to violate any applicable State or territorial law, the Applicant will require
.1
notify the Government in writing in order that appropriate changes and modifJcations may be
made by the Government and the Applicant to the end that the Applicant may proceed as soon as
possible with the construction of the project.
8
GP 906-553
y.rL i� �! ��.1.:.t�L.� 4'1sw14} Aar.....
}• e,'�'
1�.
t, {�� ...' -4.
it
.. l.a\:.. Vi.J �.� .. .. �.�. J..a �w�_.t...1Va.. ��.��.�....�(.:\.4i l•ij,�. 4-1'.. liJ` .�..♦.. � y4.1.
._. ..e:�:� c.lY .a... .1:.. ..._ ..a.. w• .. �a �:.J..L. ..�;'.�:i �:.s:.. :t.'�� .. .�.a.t.
C;:....�. .�..�e T ....✓ .a �. c:v.........a::; .��.4.a..�....:%i.Gi:�� ..4 4i.'� C,V1�C:w 41,.i:':1(. l..t.i.... {....'1,�,U
t
P
7
a�,���3 ON .S + ITT AND RIGHT-(OF-WAY
rf«E S`t'ATL GAF TEXAS KNOW ALL MEN BY THESE PRESENTS:
C .V'.Y O CLAY
Teat THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION,
ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS
Wichita................Count Texas, for and in consideration
(herein referred to i the singular, whether one or more) of...................-................. y'
ot.....0i e and no 100-----------------------------........ ...............................................Dollars ($....--1.00...... ........
d by these
to .ie. in hand paid by Toms Electric Service Company have Yfoor an electric
ttri d conveyed
3 tributionn line, consisting oftvaa able grant,
numbers of.
convey unto the said Company, an casement of right-of-way f
wires, and all, nccesary or desirable appurtenances (including polos 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
owing described lands located in..........Clay_.,,......._...........
......
by said Conipany, along, over, under, across and upon the foll
County, Texan, to wit:
Being all of the land acquired in various deeds or otherwise, by the City of Wichita Falls
and being better known as all of the Lake Arrowhead Properties.
Texas Electric Service Company is hereby granted the right to construct, maintain and or
remove such electric distribution system on above said properties as may be necessary from
time to t ,�;,, to provide electric service to any or all parties and the public generally,
such line to be erected at such time and such locations as so determined by said Company,
provided however, that prior to the construction of each line hereunder, the Parks and
tion Director, at present and hereafter acting for Grantor, will be furnished a plat
Recrea
or description showing the location of such line to be constkscand�RecreationaDirector,se-
cure written approval from Grantor) by herein above said Par pp to each
for such additional lines and the terms and provision herein contained shall apply
individual line as the same is constructed.
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
ving said line and appurtenances; the right to relocate along the same general
inspecting, maintaining, constructing and remo
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 on 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 n'ith the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut
clown 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 remov e possible hazard thereto.
TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns, until
said ii:::= snail be abandoned.
ver defend all and singular the above
myself, my heirs and legal representatives, to warrant and fore
1 ht unto the said Company, its successors and assigns, against every person whomsoever lawfully
c u.. or o c:i i,i ;ame or any part thereof.
• � day of ........ .... ...:�5�,�........................_..............._.., 19
..............t0y....................lurid thu;.....1�. ....._...
� THE CITY OF WICHITA FALLS,
Comn.ny Arent or ATTEST: A..MUNICIP� CORPORATION.......................
.....
SEALA............ :.... ......... _.
................................................... By: ck Davis, City Manager
..__.._.._........................................................................................-
Citv Clerk
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T.IL 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.
TIE STATE OF TEXAS
COUN 1'Y OF
BEFORE NE, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
wife of , known
to me to be tha person whose name is subscribed to the foregoing instrument, and having been examined by me privily
and apart from her husband, and having the same fully explained to her, she, the said
acknowledged such instrument to be her act and deed, and she declared that she had willingly signed the same for the
purposes and consideration therein expressed, and that she did not wish to retract it.
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
JACK DAVIS , 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 CITY OF WICHITA FALLS, A MUNICIPAL
X corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein
s
expressed, and in the capacity therein stated. J
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the,�(� `� day of �(�r'*t� A. D. 19 r'
Notary Public in and for , ./ •— ounty, Texue.