City Council

NOTICE OF MEETING

REGULAR SESSION AGENDA City Council

6:30 PM - Tuesday, May 12, 2020Weatherford City Hall, City Council Chambers

303 Palo Pinto Street, Weatherford, TX

Paul Paschall, MayorHeidi Wilder, Place 1, Mayor Pro Tem

Jeff Robinson, Place 2Matt Ticzkus, Place 3

Kevin Cleveland, Place 4James Hotopp, City Manager

Brad Burnett, Assistant City ManagerEd Zellers, City Attorney

Malinda Nowell, TRMC, City Secretary

In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Weatherford City Hall, distributedto the appropriate news media, and posted on the City website at http://www.weatherfordtx.gov within the required time frame. As a courtesy, theentire Agenda Packet has also been posted on the City of Weatherford website at www.weatherfordtx.gov/agendas . All meetings of the WeatherfordCity Council, Municipal Utility Board, and other boards/commissions/committees of the City of Weatherford are open to the public. Publicparticipation and written comments are invited on all open session business items.

The Mayor/Chair requests that all electronic devices be turned off or set to vibrate. Members of the audience are requested to step outsidethe Council Chambers to conduct a phone conversation. Weatherford City Hall is wheelchair accessible and special parking is available on thesouth side of the building. If special accommodations are required please contact the City Secretary at 817­598­4202 a minimum of 24 hours inadvance.

The City Council, Municipal Utility Board, and other boards/commissions/committees of the City of Weatherford, as allowed, reserve theright to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed below, as authorized by theTexas Government Code: Section 551.071­Consultation with Attorney; 551.072­Deliberations about Real Property; 551.073­Deliberations aboutGifts and Donations; 551.074­Personnel Matters; 551.076­Deliberations about Security Devices; 551.086­Certain Public Power Utilities; and551.087­Economic Development.

Unless a Work Session Agenda, or otherwise indicated, action may be taken on any of the following agenda items.

NOTICE REGARDING MEETING BY TELECONFERENCEIn accordance with the order of the Office of the Governor issued March 16, 2020, the City of Weatherford may conduct this meeting at WeatherfordCity Hall by telephone conference in order to advance the public health goal of limiting face­to­face meetings (also called “social distancing”) toslow the spread of the Coronavirus (COVID19). This supplemental written notice, the meeting agenda, and the agenda packet, are posted online atwww.weatherfordtx.gov/meetings.

There will be two remote­attendance modes: Listen­Only and Attendee­Comments:1. [Attendee­Comments] If you would like the option to make a comment during the meeting, please register here:https://attendee.gotowebinar.com/register/9025532181335360112. [Listen­Only] If you would like to attend the meeting in Listen­Only mode, you may call toll­free 877­309­2071 and use the access­code524­854­702#. When prompted for an Audio PIN, just press #.

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The public will be permitted to offer public comments telephonically as provided by the agenda and/or in public during the meeting as permitted bythe presiding officer.

A recording of the telephonic meeting will be made, and will be available to the public in accordance with the Open Meetings Act atwww.weatherfordtx.gov/meetings.

1. INVOCATION

2. CALL TO ORDER & ANNOUNCEMENT OF A QUORUM

3. PLEDGES OF ALLEGIANCE TO THE UNITED STATES & TEXAS FLAGS

4. ELECTIONS & OATHS OF OFFICE

4.a. Issue the Certificate of Election to Heidi Wilder, candidate for Council Member Place No.1 andJeff Robinson, candidate for Council Member Place No.2 of the City of Weatherford, having beenan unopposed candidate declared elected, in accordance with Resolution R2020-07 adopted onFebruary 25, 2020. (Malinda Nowell, City Secretary)Certificate of Election Wilder.pdfCertificate of Election Robinson.pdf

4.b. Issue the Certificate of Election to Matt Ticzkus, candidate for Council Member Place No. 3 of theCity of Weatherford, having been an unopposed candidate declared elected, in accordance withResolution R2020-08 adopted on March 10, 2020. (Malinda Nowell, City Secretary)Certificate of Election Ticzkus.pdf

5. ITEMS OF COMMUNITY INTERESTMayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the City Council may report onthe following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition ofindividuals; (4) reminders about upcoming City Council events; (5) information about community events; and (6) announcements involvingimminent threat to public health and safety.

6. APPROVAL OF THE MINUTES

6.a. Consider approval of the minutes of the City Council meeting held April 28, 2020. (MalindaNowell, City Secretary)Suggested Action: Staff recommends approval.Minutes.pdf

7. CONSENT AGENDA ITEMSAll of the ‘Consent Agenda Items’ are considered to be routine and self­explanatory and will be enacted with one motion. There will be no separateconsideration of these items unless the Council or Board removes the item from Consent.

7.a. Consider adoption of Ordinance O2020-24 releasing, vacating and abandoning a blanket utility andright-of-way easement in Sarah Monk Survey, Abstract 906, Parker County, Texas as described inBook 1769, Page 544, Deed Records, Parker County, Texas and authorizing the Mayor to execute 2

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a Quit-Claim Deed of the easement to World Properties, Ltd. (Terry Hughes, Director ofCapitall Projects)Suggested Action: Staff recommends adoption of Ordinance O2020­24Request To Abandon Easement 1769-544.pdfB1248 P719 Original Deed.pdfWhiterock Homes Addition.pdfQuit_Claim_World_Properties.pdfORDINANCE_O2020-24.pdfpowerlines.pdfUtility Easement.pdf

7.b. Consider the appointment of Allison Baker to the vacant position on the Planning and ZoningCommission. (Heidi Wilder/Matt Ticzkus)Suggested Action: Staff recommends approval.

8. REGULAR AGENDA ITEMS

8.a. Discuss and consider adoption of Ordinance O2020-25 amending Title IX, Chapter 11, section9-11-1 park regulations. (Shannon Goodman, Director of Parks, Recreation and SpecialEvents)Suggested Action: Staff recommends approval.amended ordinance for Park regulations.pdfproposed ordinance

9. FUTURE AGENDA ITEMS

10. CITIZEN COMMENTS ON NON-AGENDA ITEMSResidents may address the Council/Board/Commission/Committee regarding an item that is not listed on the agenda. Residents must complete aspeaker card and turn it in to the Secretary five (5) minutes before the start of the meeting. The Rules of Procedure states that comments are to belimited to three (3) minutes. Speaker rules are posted at the back of the Council Chambers. The Texas Open Meetings Act provides the following:(a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has notbeen given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) A statement of specific factual informationgiven in response to the inquiry; or (2) A recitation of existing policy in response to the inquiry. (b) Any deliberation of or decision about the subjectof the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting.

11. ADJOURNMENT

CERTIFICATIONI certify that this Notice of Meeting was posted on _____________________ at _____________ a.m. / p.m. as required by law in accordance withSection 551.042 of the Texas Local Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also postedon the city's website.

Posted By _______________________________ Title ___________________________________

Date/Time Removed _______________________

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Weatherford City CouncilAGENDA REPORT

Meeting Date: May 12, 2020 Staff Contact: Malinda Nowell, City Secretary

Item Number: 2020-260-AR Phone: 817-598-4202

SUBJECT:

Issue the Certificate of Election to Heidi Wilder, candidate for Council Member Place No.1 and JeffRobinson, candidate for Council Member Place No.2 of the City of Weatherford, having been anunopposed candidate declared elected, in accordance with Resolution R2020-07 adopted on February25, 2020.

BACKGROUND/DISCUSSIONGeneral elections for officers of the City of Weatherford occur on the first Saturday in May. In May 2020, Places 1 and 2were up for election. The filing period opened on January 15, 2020. Heidi Wilder filed for Place 1 and Jeff Robinson filedfor Place 2. The last day to file for office was February 14th. No other candidate filed an application to run for office. Noperson declared write-in candidacy. On February 26th, the City Council adopted Resolution R2020-07 canceling theGeneral Election and declaring the unopposed candidates elected.

Texas Election Code section 2.052 states that the authority responsible for having the official ballot prepared shall certify inwriting that a candidate is unopposed for election to an office and that certification shall be delivered to the governing bodyof the political subdivision as soon as possible after the filing deadlines for placement on the ballot and on the list of write-incandidates. These certificates were delivered to the City Council on February 25th for the General Election positions,places 1 and 2. Section 2.053 provides that the governing body of the political subdivision may declare the unopposedcandidate(s) elected to the office. The Council declared the unopposed candidates elected and the City did not hold anelection on May 2, 2020. A copy of the resolution making such declaration and canceling the election was posted onElection Day at each polling place that would have been used in the election. That date has been moved to November 2020due to COVID-19.

The certificates of election must be issued to the candidates in the same manner and at the same time as provided forcandidates that would have been elected at the election. The candidates must qualify for the office in the same manner asprovided for candidates elected at the election. Candidates cannot take office until the regular canvassing period wouldhave taken place. The Parker County Elections Office advised that Canvass Reports would be available by 12:00 noon onMonday, May 11, 2020. The following date, Tuesday May 12, 2020 is a regular City Council meeting, the presiding officerof the canvassing authority will issue the certificate of election to the unopposed candidates, and the candidates will besworn into office, having already completed the statement of elected officer. After a brief recess, newly sworn officerswill take their places on the dais and preside over the remainder of the meeting.

Mayor Paschall will issue the Certificate of Election to Heidi Wilder and Jeff Robinson.

FINANCIAL IMPACTNone

SUGGESTED ACTION

ATTACHMENTS Certificate of Election Wilder.pdf

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Certificate of Election Robinson.pdf

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CERTIFICATE OF ELECTION IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WEATHERFORD, TEXAS

THIS IS TO CERTIFY THAT

HEIDI WILDERwas duly elected to

Council Member Place No. 1 of the City of Weatherford

for purposes of the May 2, 2020 election pursuant to the order of cancellation issued on February 26, 2020, cancelling the election that was

scheduled to be held on May 2, 2020.

In testimony whereof, I have hereunto signed my name and caused the Seal of the City of Weatherford, Texas,

to be affixed, this the 12th day of May 2020

___________________________ Mayor Paul Paschall

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CERTIFICATE OF ELECTION IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WEATHERFORD, TEXAS

THIS IS TO CERTIFY THAT

JEFF ROBINSONwas duly elected to

Council Member Place No. 2 of the City of Weatherford

for purposes of the May 2, 2020 election pursuant to the order of cancellation issued on February 26, 2020, cancelling the election that was

scheduled to be held on May 2, 2020.

In testimony whereof, I have hereunto signed my name and caused the Seal of the City of Weatherford, Texas,

to be affixed, this the 12th day of May 2020

___________________________ Mayor Paul Paschall

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Weatherford City CouncilAGENDA REPORT

Meeting Date: May 12, 2020 Staff Contact: Malinda Nowell, City Secretary

Item Number: 2020-224-AR Phone: 817-598-4202

SUBJECT: Issue the Certificate of Election to Matt Ticzkus, candidate for Council Member Place No. 3 of theCity of Weatherford, having been an unopposed candidate declared elected, in accordance withResolution R2020-08 adopted on March 10, 2020.

BACKGROUND/DISCUSSIONIn conjunction with the previous item for the General Election, the City of Weatherford ordered a Special Election to Fill aVacancy for Place 3 following Council Member Curtis Tucker's resignation. The filing period for Place 3 opened onFebruary 12, 2020. Matt Ticzkus filed for Place 3. The last day to file for office was March 3rd. No other candidate filedan application to run for office. No person declared write-in candidacy. On March 10th, the City Council adoptedResolution R2020-08 canceling the Special Election and declaring the unopposed candidate elected.

Texas Election Code section 2.052 states that the authority responsible for having the official ballot prepared shall certify inwriting that a candidate is unopposed for election to an office and that certification shall be delivered to the governing bodyof the political subdivision as soon as possible after the filing deadlines for placement on the ballot and on the list of write-incandidates. These certificates were delivered to the City Council on February 25th for the General Election and on March10th for the Special Election. Section 2.053 provides that the governing body of the political subdivision may declare theunopposed candidate(s) elected to the office. The Council declared the unopposed candidates elected and the City did nothold an election on May 2, 2020. A copy of the resolution making such declaration and canceling the election was postedon Election Day at each polling place that would have been used in the election. This date has been moved to November2020 due to COVID-19.

The certificates of election must be issued to the candidates in the same manner and at the same time as provided forcandidates that would have been elected at the election. The candidates must qualify for the office in the same manner asprovided for candidates elected at the election. Candidates cannot take office until the regular canvassing period wouldhave taken place. The Parker County Elections Office advised that Canvass Reports would be available by 12:00 noon onMonday, May 11, 2020. The following date, Tuesday May 12, 2020 is a regular City Council meeting, the presiding officerof the canvassing authority will issue the certificate of election to the unopposed candidates, and the candidates will besworn into office, having already completed the statement of elected officer. After a brief recess, the newly sworn officerswill take their places on the dais and preside over the remainder of the meeting.

Mayor Paschall will issue the Certificate of Election to Matt Ticzkus.

FINANCIAL IMPACTNone

SUGGESTED ACTION

ATTACHMENTS Certificate of Election Ticzkus.pdf

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CERTIFICATE OF ELECTION IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WEATHERFORD, TEXAS

THIS IS TO CERTIFY THAT

MATT TICZKUSwas duly elected to

Council Member Place No. 3 of the City of Weatherford

for purposes of the May 2, 2020 special election pursuant to the order of cancellation issued on March 10, 2020 cancelling the election that was

scheduled to be held on May 2, 2020.

In testimony whereof, I have hereunto signed my name and caused the Seal of the City of Weatherford, Texas,

to be affixed, this the 12th day of May 2020

___________________________ Mayor Paul Paschall

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MINUTES OF THE CITY COUNCIL REGULAR AND EXECUTIVE SESSIONS HELD APRIL 28, 2020 IN THE CITY HALL COUNCIL CHAMBERS, 303 PALO PINTO STREET, WEATHERFORD, TEXAS. INVOCATION David Slyter of Grace First Presbyterian led the invocation. CALL TO ORDER & ANNOUNCEMENT OF A QUORUM Mayor Paul Paschall called the meeting to order at 6:30 p.m. Present were: Mayor Paul Paschall, Mayor Pro Tem Heidi Wilder, Jeff Robinson and Kevin Cleveland. City staff included: City Manager James Hotopp, Assistant City Manager/CFO Brad Burnett, City Attorney Ed Zellers and City Secretary Malinda Nowell. Vacancy: Place 3. Mayor Paul Paschall stated that, in accordance with the order of the Office of the Governor of Texas issued March 16, 2020, the City of Weatherford may conduct this meeting by telephone conference in order to advance the public health goal of limiting face-to-face meetings to slow the spread of COVID-19. It is the City’s goal to allow everyone to fully engage in this meeting, while maintaining order and unity. PLEDGES OF ALLEGIANCE TO THE UNITED STATES & TEXAS FLAGS Council member Kevin Cleveland led the pledges. ITEMS OF COMMUNITY INTEREST City Manager James Hotopp stated that, following Governor Abbott’s statement to reopen the economy, effective Monday, May 4, 2020 all City operations will open back to normal including the Weatherford Public Library and the Weatherford Parker County Animal Shelter. CONSENT AGENDA ITEMS On the motion of Heidi Wilder, second by Kevin Cleveland, the Council voted unanimously to approve the following items on the Consent Agenda. Motion carried 4 - 0.

• Approved the minutes of the City Council meeting held April 14, 2020. • Approved a Memorandum of Understanding (MOU) between the City of Weatherford and

WISD for public improvements in relation to a traffic safety issue on Meadowview Drive. • Accepted the 4th Quarter 2019 Investment Report for Quarter Ended 12/31/2019.

Consider authorizing the City Manager to execute an interlocal agreement with Parker County to house the Parker County Law Library at the Weatherford Public Library, contingent upon approval of the agreement by Parker County. This item was removed from the Consent Agenda. Director of Library Services Chris Accardo presented this item. Mr. Accardo stated that Parker County Commissioner's approved the agreement on Monday, April 27, 2020 and noted the following changes that had been requested by the County: 1) Instead of the City purchasing computers and the County reimbursing, the County will buy the

computers in consultation with Weatherford’s IT Department. 2) The library will present a report of usage statistics at least every six months to Parker County. On the motion of Heidi Wilder, second by Kevin Cleveland, the Council voted unanimously to approve this item with the aforementioned changes. Motion carried 4 - 0. PUBLIC HEARINGS

Hold a PUBLIC HEARING and consider adoption of Ordinance O2020-23 regarding the VOLUNTARY annexation of approximately 1.04 acres located at 1514 East Lake Drive and

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described as Lots 108-112, Holiday Hills Addition, Parker County, Texas as recorded in plat recorded in Volume 294, Page 442, Deed Records, Parker County, Texas. City Manager James Hotopp presented this item. Mayor Paschall opened the public hearing at 6:40 p.m. Mayor called applicant Allen McDonald, 1839 East Lake Drive, to speak about his project and answer questions. As there were no other speakers, Mayor Paschall closed the hearing at 6:44 p.m. On the motion of Kevin Cleveland, second by Jeff Robinson, the Council voted unanimously to approve Ordinance O2020-23. Motion carried 4 - 0. The ordinance is captioned as follows:

ORDINANCE O2020-23 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF WEATHERFORD, TEXAS, AND THE ANNEXATION OF CERTAIN TERRITORY CONSISTING OF A TOTAL OF APPROXIMATELY 1.04 ACRES OF LAND, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMIT OF THE CITY OF WEATHERFORD, TEXAS; ADOPTING A "PLAN OF SERVICE" EXHIBIT "A" FOR SAID TERRITORY AS ATTACHED HERETO AND INCORPORATED HEREIN. STAFF REPORTS

FY20 Second Quarter Financial Report Finance Director Jessica Doss presented this item. No action was required or taken. FUTURE AGENDA ITEMS None EXECUTIVE SESSION ITEMS

Pursuant to Chapter 551, Texas Government Code, VTCS, (Open Meetings Law): In accordance with the authority contained in: Section 551.074 Personnel Matters: to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager. The Council convened in Executive Session at 6:48 p.m. They reconvened in Open Session at 7:33 p.m. ACTION ON EXECUTIVE SESSION ITEMS

To take action, if necessary, pursuant to Chapter 551, Texas Government Code, VTCS, (Open Meetings Law): In accordance with the authority contained in: Section 551.074 Personnel Matters: to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee: City Manager. No action was taken. CITIZEN COMMENTS ON NON-AGENDA ITEMS None ADJOURNMENT On the motion of Jeff Robinson, second by Kevin Cleveland, the Council voted unanimously to adjourn the meeting at 7:33 p.m. Motion carried 4 – 0.

_____________________________

ATTEST: Paul Paschall, Mayor _______________________________ Malinda Nowell, TRMC, City Secretary

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Weatherford City CouncilAGENDA REPORT

Meeting Date: May 12, 2020 Staff Contact: Terry Hughes, Director of CapitallProjects

Item Number: 2020-261-AR Phone: 817-598-4244

SUBJECT:

Consider adoption of Ordinance O2020-24 releasing, vacating and abandoning a blanket utility andright-of-way easement in Sarah Monk Survey, Abstract 906, Parker County, Texas as described inBook 1769, Page 544, Deed Records, Parker County, Texas and authorizing the Mayor to execute aQuit-Claim Deed of the easement to World Properties, Ltd.

BACKGROUND/DISCUSSIONWeatherford received a request by World Properties, Ltd to release, vacate and abandon a blanket utility and right-of-wayeasement which covers a 5-acre tract of land located in the Sarah Monk Survey, Abstract 906, Parker County, Texas. The easement was granted by a previous owner in 1998 and was established to allow Weatherford Electric to construct adistribution line along the north side of Bankhead Highway.

The current owner recently platted the property into 4 lots known as Whiterock Homes Addition I. As part of the plattingprocess World Properties, Ltd. dedicated an additional 20 feet of right-of-way along Bankhead Highway which covers theelectric transmission line and eliminates the necessity of the original blanket easement.

The blanket easement creates an encumbrance on the entire 5-acre tract of land and can cause unnecessary issues withlending institutions and mortgage companies. As the easement is no longer needed by the electric department. Staffrecommends releasing, vacating and abandoning the utility and right-of-way easement as recorded in Book 1769, Page 544,Real Records, Parker County, Texas.

FINANCIAL IMPACTNone

SUGGESTED ACTIONStaff recommends adoption of Ordinance O2020-24

ATTACHMENTS Request To Abandon Easement 1769-544.pdf B1248 P719 Original Deed.pdf Whiterock Homes Addition.pdf Quit_Claim_World_Properties.pdf ORDINANCE_O2020-24.pdf powerlines.pdf Utility Easement.pdf

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World Properties, Ltd.P.O. Box 2739, Weatherford, Texas 76086

Tel. (817) 771-9526 Email: driolmmsz(d)valioo. com

February 14, 2020

Mr. Terry HughesDirector of Capital Transportation Projects City of Weatherford, Parker County, Texas 802 E. Oak St., P.O. Box 255 Weatherford, Texas 76086 Tel.: (817) 598-4244

Re: Quitclaim and/or Release of Blanket Easement over a 5.007 Acres Tract of Land,Commonly called 1713 E. Bankhead D. Weatherford, Tx., which “Blanket Easement” wasPreviously recorded as Document No.: 339478 and filed for record inVolume 1769, Pages 544 and 545, Official Records f Parker County, Texas, andWith Owner’s Agreement to Provide a Specific Easement for Utilities in its place and stead

Dear Mr. Hughes:

On behalf of Property Owner, WORLD PROPERTIES, LTD., a Texas Limited Partnership, as “Owner” of the above referenced property (5.007 Acres Tract of Land, AKA 1713 E. Bankhead Dr.), a survey of which 5.007 Acres tract of land is attached hereto as Exhibit “A”, subject to the above referenced “Blanket Easement” previously executed in favor of the City of Weatherford, Parker County, Texas, a copy of which is attached hereto as Exhibit “B”, and regarding the above said referenced Property and Blanket Easement, Owner hereby requests that the City of Weatherford hereby Quitclaim and/or Release the said and above referenced Blanket Easement back to Owner, and in its place and stead, Owner agrees and shall execute a replacement Utility Easement as shown by the hereto attached Exhibit “C’, which has been reviewed by the utilities department of the City of Weatherford, and which complies with City of Weatherford requirements.

Please expedite this request as there are impending financial issues that are being delayed and thanking you in advance for your speedy assistance of this matter.

Sincerely,

A Texas Corporation, as Sole General Partner of World Properties, Ltd., a Texas Limited Partnership

Cc: Robert Moss, Utility Department, City of Weatherford, Texas13

201519055 DEED Total Pages: 5

R^kbiT “A'|v'

Warranty Deed with Vendor’s Lien

Notice of confidentiality rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your Social Security number or your driver’s license number.

Date: September 2015

Grantor: James N. Messinger and lola B. Messinger, husband and wife

Grantor’s Mailing Address: <3-3S6 (3a $ G A^> S ___________

Grantee: World Properties, Ltd., a Texas limited partnership

Grantee’s Mailing Address: 6750 Locke Avenue, Suite 103-B, Fort Worth, TX 76116

Consideration Cash and a note of even date executed by Grantee and payable to the order of Grantor in the principal amount of ONE HUNDRED FIFTY THOUSAND AND NO/100 DOLLARS ($150,000.00). The note is secured by a first and superior vendor’s lien and superior title retained in this deed and by a first-lien deed of trust of even date from Grantee to James N. Messinger, trustee.

Property (including any improvements): A 5.0 acres tract of land, more or less, situated in and being a portion of Lot 21 and Lot 22 of the LARGER SUBDIVISION OF THE SARAH MONK SURVEY, ABSTRACT NO. 906, Parker County, Texas and being all that certain lot, tract or parcel of land conveyed to John E. Hayley and wife Daisy Hayley by deed recorded in Volume 1248, Page 719, Real Records, Parker County, Texas and being more particularly described by metes and bounds as follows:

BEGINNING at an iron rod found in the North right of way line of East Bankhead Drive at the Southwest comer of a tract of land conveyed to J.M. Byrd by deed recorded in volume 1671, Page 859, Real Records, Parker County, Texas, said iron being called the Southeast comer of a 17.33 acre tract of land conveyed by L.Z. Northington to G.T. Baker dated October 4,1922 recorded in Volume 79, Page 480, Deed Records, Parker County, Texas;

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201519055 09/10/2015 0812 32 AM Page 2 of 5

THENCE North 61 degrees 34 minutes 12 seconds West, with the North right of way line of said East Bankhead Drive, 215.43 feet to a pipe found at the Southeast comer of a tract of land conveyed to Dan Doss by deed recorded in Volume 455, Page 650, Deed Records, Parker County, Texas;

THENCE North 00 degrees 44 minutes 51 seconds East, with the East line of said Dan Doss tract, 1109 75 feet to an iron rod set m the South right of way line of South View Street;

THENCE North 88 degrees 43 minutes 23 seconds East, with the South right of way line of said South View Street, 184.02 feet to a concrete monument found at the Northwest comer of a tract of land conveyed to Dallas SMSA, Ltd. by deed recorded in Volume 1297, Page 955, Real Records, Parker County, Texas;

THENCE South 00 degrees 19 minutes 24 seconds West, with the West line of said Dallas SMSA, Ltd. tract, 310.61 feet to a concrete monument found at the Northwest comer of a tract of land conveyed to J.C. Hood by deed recorded in Volume 1067, Page 382, Real Records, Parker County, Texas;

THENCE South 00 degrees 27 minutes 31 seconds West, at 725.24 feet passing an iron rod found and in all 905.74 feet to the POINT OF BEGINNING and containing 5.0 acres of land, mote oi less.

Reservations from Conveyance: NONE

Exceptions to Conveyance and Warranty: Liens described as part of the Consideration and any other liens described in this deed as being either assumed by Grantee or subject to which title is taken by Grantee; validly existing restrictive covenants common to the platted subdivision in which the Property is located; standby fees, taxes, and assessments by any taxing authority for the year 2015 and subsequent years, and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership; validly existing utility easements created by the dedication deed or plat of the subdivision in which the Property is located; those matters described on Exhibit "A" attached to this Deed and incorporated by reference; any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements; homestead or community property or survivorship rights, if any, of any spouse of Grantee; and any validly existing titles or rights asserted by anyone, including but not limited to persons, the public, corporations, governments, or other entities, to (1) tidelands or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs, or oceans, (2) lands beyond the line of the harbor or bulkhead lines as established or changed by any government, (3) filled-in lands or artificial islands, (4) water rights, including riparian rights, or (5) the area extending from the line of mean low tide to the line of vegetation or the right of access to that area or easement along and across that area.

Grantor, for the Consideration and subject to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,

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201519055 09/10/2015 08-12 32 AM Page3of5

together with all and singular the rights and appurtenances thereto in any way belonging, to have and to hold it to Grantee and Grantee’s heirs, successors, and assigns forever. Grantor binds Grantor and Grantor’s heirs and successors to warrant and forever defend all and singular the Property to Grantee and Grantee’s heirs, successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof, except as to the Reservations from Conveyance and the Exceptions to Conveyance and Warranty.

The vendor’s hen against and superior title to the Property are retained until each note described is fully paid according to its terms, at which time this deed will become absolute.

When the context requires, singular nouns and pronouns include die plural.

THE STATE OF TEXAS § COUNTY OF PARKER §

This instrument was acknowledged before me on the Messinger.

H. day of September, 2015, by James N.

BOBB1 ROBERTS MEESNotary Public

STATE OF TEXAS My Comm. Exp, 07-18-2019

THE STATE OF TEXAS §COUNTY OF PARKER §

Thus instrument was acknowledged before me on the V day of September, 2015, by lola B.

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201519055 - 09/10/2015 08 12 32 AM Page 4 of 5

Exhibit "A"

Encumbrances

1. Exclusions as promulgated by Texas Department of Insurance for Owner Policies of Title Insurance, Forms T-l and T1R, including existing building and zoning ordinances.

2. The following matters and all terms of the documents creating or offering evidence of the matters:a. Easement dated May 28, 1998, from James Messinger and lola Messinger to

Weatherford Municipal Utilities recorded in Volume 1769, Page 544, Real Records, Parker County, Texas.

b. Title to all the coal, lignite, oil, gas and other minerals in, under and that may be produced from the land, together with all rights, privileges and immunities relating thereto.

After Recording, Return to: Parker County Title Services GF # 15PC7417World Properties. Ltd.6750 Locke Avenue. Suite 103-BFortWorth.TX 76116

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FILED AND RECORDEDOFFICIAL PUBLIC RECORDS

20151905509/10/2015 08 12 32 AM Fee $38 00Jeane Brunson, County Clerk Parker County, Texas DEED

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1713 EAST BANKHEAD DRIVE5.0 ACRES SITUATED IN AND BEING A PORTION OF LOT 21 AND LOT 22 OF THE LARGER SUBDIVISION OF THE SARAH MONK SURVEY, ABSTRACT No. 906, PARKER COUNTY, TEXAS

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XJ.4-

V 35'6'” a

51.O'

SCALE: 40* = V

EXHIBIT "A"

THE PUT HEREON WAS PREPARED FROM AN ACTUAL ON THE GROUND SURVEY OF THE LEGALLY DESCRIBED PROPERTY SHOWN HEREON, THE UNES AND DIMENSIONS OF SAID PROPERTY BEING AS INDICATED BY THE PUT, THE SIZE, LOCATION AND TYPE OF BUILDINGS AND IMPROVEMENTS ARE AS SHOWN, ALL IMPROVEMENTS BEING WITHIN THE BOUNDARIES OF THE PROPERTY, EXCEPT AS SHOWN. SET BACK FROM THE PROPERTY UNES THE DISTANCES INDICATED. AND THE DISTANCE FROM THE NEAREST INTERSECTING STREET OR ROAD IS AS SHOWN ON SAID PUT, THERE ARE NO ENCROACH­MENTS, PROTRUSIONS, OR APPARENT EASEMENTS, EXCEPT AS SHOWN.

R.P.L.S. No. 2074 David Harlan, Jr,

1/20/97

NOTE:THERE IS NO PHYSICAL EVIDENCE. ON THE GROUND. OF THE' EASEMENTfS) RECORDED IN:VOL 131. P. 142____________________AFFECTING THIS SITE.

SEE EXHIBIT "A"

NOTE:ACCORDING TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FEDERAL INSURANCE ADMINISTRATION ROOD INSURANCE^RATENIAP COMMUNITY PANEL NUMBER: 400522 0006 _C EFFECTIVE DATE: SEPT. 14, 1090 THIS PROPERTY DOES NOT LIE WITHIN- A 100 YEAR FLOOD HAZARD AREA.

NOTE:CONTROL BEARINGS DETERMINED FROM REFERENCE IN DEED RECORDED INV0LUME16U______ , PAGE059_________ _DEED OR REAL RECORDS, PARKER COUNTY, TEXAS.

SCALE: I” = 100'

T HARLAN LAND SURVEYWQ^\215 EAST EUREKA

WEATHERFORD, TX 76086 ^METRO(B17)596-9700-(817)599-08aoJ|

Q7n9n

19

t x kl

hi f

WWHITEROCK DRIVE

(6(r R.O.W. — PER PLAT)

N 89°24,34" E 184.02'

DOSSV. 455, P.650

D.R.P.C.T.

5.005 ACRES WORLD PROPERTIES,

LTD.DOC.# 201519055

O.P.R.P.CT.

SET 1/2- IRON ROD

CAPPED

DALLAS SMSA TOWER

HOLDINGS, LLC V. 2267, P.573

O.P.R.P.C.T.

HOODV. 1067, P.382

D.RP.C.T.

NOTES:

1) THIS SURVEY ONLY VALID FOR AND ONLY EASEMENTS AND RESTRICTIONS LISTED ON TITLE COMMITMENT No. 1SPC975B-BRM WERE REVIEWED FORTHIS SURVEY.

2) BEARINGS AND DISTANCES ARE DERIVED FROMG.PS. OBSERVATIONS AND REFLECT NAD. 1983, ,STATE PUNE COORDINATE SYSTEM. NORTH CENTRAL TEXAS ZON E 4202.

3) OFFICIAL FE.MA. FLOOD HAZARD INFORMATION HAS NOT BEEN REVIEWED DURING THE COURSE OF THIS SURVEY. FOR UP TO DATE FLOOD HAZARD INFORMATION PLEASE VISIT THE OFFICIAL FDMA. WEBSITE AT WWW.FEMA.GOV.

4) UNDERGROUND UTILITIES WERE NOT LOCATED DURING THIS SURVEY. CALL TEXASB11 C800) 344-8377 AND/OR UTILITY PROVIDERS BEFORE EXCAVATION OR CONSTRUCTION.

5) BEFORE CONSTRUCTION PLEASE CONSULT ALL APPUCABLE GOVERNING ENTITIES REGARDING RULES & REGUUTIONS, THAT MAY AFFECT CONSTRUCTION ON THIS PROPERTY. CLE- ARCHITECTURAL CONTROL COMMITTEE, MUNICIPAL DEPARTMENTS, HOME OWNERS ASSOC, ETC)

BOUNDARY SURVEY

BEING A 5.005 ACRES TRACT OF LAND OUT OF THE SARAH MONK SURVEY, ABSTRACT NO. 906, PARKER COUNTY, TEXAS; BEING ALL OF THAT CERTAIN WORLD PROPERTIES LTD TRACT AS DESCRIBED IN DOC# 201519055, OFFICIAL PUBLIC RECORDS, PARKER COUNTY, TEXAS; BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING AT FOUND 1/2" IRON ROD, IN THE CALLED NORTH RIGHT OF WAY OF EAST BANKHEAD DRIVE, AT THE SOUTHWEST COMMON CORNER OF THAT CERTAIN SORRELLS TRACT AS DESCRIBED IN VOLUME 2493,-PAGE 493, REAL PROPERTY RECORDS, PARKER COUNTY, TEXAS, FOR THE SOUTHEAST AND BEGINNING CORNER OF THIS TRACT. WHENCE THE SOUTHEAST CORNER OF THE SARAH MONK SURVEY, ABSTRACT NO. 906, IS CALCULATED TO BEARS llo10'15"E 1301.59 FEET.

THENCE N eO^S'W" W 215.24 FEET ALONG SAID EAST BANKHEAD DRIVE TO A FOUND 1" IRON PIPE, AT THE SOUTHEAST COMMON CORNER OF THAT CERTAIN DOSS TRACT AS DESCRIBED IN V. 455, P. 650, DEED RECORDS, PARKER COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF THIS TRACT.

THENCE N 01°25'43" E 1109.96 FEET ALONG SAID DOSS TRACT TO A FOUND 1/2" IRON ROD, AT THE NORTHEAST COMMON CORNER OF SAID DOSS TRACT, IN THE CALLED SOUTH RIGHT OF WAY OF WHITEROCK DRIVE, FOR THE NORTHWEST CORNER OF THIS TRACT.

THENCE N 89024,34" E 184.02 FEET ALONG SAID WHITEROCK DRIVE TO A SET 1/2" IRON ROD CAPPED "CARTER WFORD", IN THE CALLED SOUTH RIGHT OF WAY OF SAID WHITEROCK DRIVE, AT THE NORTHWEST COMMON CORNER OF THAT CERTAIN DALLAS SMSA TOWER HOLDINGS, LLC TRACT AS DESCRIBED IN V. 2267, P. 573, O.P.R.P.C.T., FOR THE NORTHEAST CORNER OF THIS TRACT.

THENCE S 01°00,35" W 310.61 FEET ALONG SAID DALLAS SMSA TOWER HOLDINGS, LLC TRACT TO A FOUND CONCRETE MONUMENT, AT THE NORTHWEST CORNER OF THAT CERTAIN HOOD TRACT AS DESCRIBED IN V. 1067, P. 382, D.R.P.C.T., FOR A CORNER OF THIS TRACT.

THENCE S 01°08'42" W PASSING A FOUND 1/2" IRON ROD AT 391.87 FEET, PASSING A FOUND 1/2" IRON ROD AT 724.88 FEET, AND IN ALL 905.74 FEET TO THE POINT OF BEGINNING.

BEARINGS DERIVED FROM G.P.S. OBSERVATIONS PERFORMED BY CARTER SURVEYING & MAPPING, INC. AND REFLECT NAD. 1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202.

I, KYLE RUCKER, R.P.LS. NO. 6444, DO CERTIFY THAT THE ABOVE DESCRIBED PROPERTY WAS SURVEYED ON THE GROUND; BY ME OR UNDER MY DIRECT SUPERVISION; VISIBLE CONFLICTS, ENCROACHMENTS, AND OVERLAPS ARE AS SHOWN ON THIS PLAT OR ATTACHED HERETO; THE AREA AND BOUNDARY WERE DETERMINED WITH RESPECT TO RECORDED REFERENCES AS SHOWN; AND THE INFORMATION PRESENTED IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE. IN ADDITION, IS NOT INTENDED TO EXPRESS OR IMPLY WARRANTY OR GUARANTEE OF OWNERSHIP AND THIS SURVEY IS SUBJECT TO ALL APPLICABLE COPYRIGHT LAWS FROM THE DATE OF THIS SURVEY. TO PROTECT ALL PARTIES, THIS SURVEY ONLY VALID IF ORIGINAL SEAL AND SIGNATURE APPEARS ON THE FACE OF THIS SURVEY IN BLUEJNK.

-u \_ . -vu’ 7

JcffmiCKER, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6M4.-CCrTER SURVEYING & MAPPING, 110A PALO PINTO ST„ WEATHERFORD, TX 76086

DATE: DECEMBER 9,2015 - JN151201A

\\vsi'vS

PARTER surveying^ & MAPPING,me. U110 A PALO PINTO STREET - WEATHERFORD, TEXAS ^

(P) 817-594-0400 - (F) 817-594-0403 - ^

20

City of Weatherford Weatherford Municipal Utilities

UTILITY EASKMENT AND RIGIIT-OE-WAY

STATI; OI;'! I-X/Ji;

COUNTY OT IF)Q K Cl iT ....... ...........

nWork Order No.

“ i—.... ’ v -t nGRANTOR:

GRANTOR'S MAILING ADDRLSS / 'l!. h £ - ________ _______

to ii A T/V £ S. X 7 ^

OATH: .nyx.k^:. ^0>....... ^1S __

iJ fLALE.s_til.. ^ JLot.ft 8..._0f£v5&JQS-BJBr..-

Evkibit

"E>"

GRANTEU: WEATHERFORD MUNICIFAI. UTILITIES

GRANTEE'S MAILING ADDRESS: P.O. Box 255Wcalhcrfoid, Texas 76086

CONSIDERATION: The provision of nlilily service and'or oilier bene fils inuring lo GRANTOR and/or Ten and No/100’s dollars (SI 0.00) and olhcf good and valuable consideration, the rccci|i| and sufltciency of some consideration deemed valuable to GRANTOR being hereby exptcssly acknowledged and accepted by GRANTOR.

EASEMENT PROPERTY (check either Defined Easement or Utankcl Easement):

| I Defined Easement. The EASEMENT PROPERTY is a tract ofland consisling of_ acres, more or less,more particularly described in the altachcd Exhibit A, field note description and plat, incorporated herein for all purposes.

Blanket Easement. The EASEMENT PROPERTY is a tract ofland described as follows (check one):

I I CiafiedJQLOp.uly.!.o;(:.).'Thf T X),_. in Block Addition, an addition in the city

p[CQl YST'H fi A 1017 L5. (cross out "City of’ if property is not.within city limits),

i y ,0 j. T (5..______County, Texas, according lo (he map or plat thereof recorded in the Plat Records of

such county.

I I UnplaRCd.Ptopifly. 5lLC)___ acrcs °r land, more or less, out of the .S'f/ft )lW I'jcfy) h__________

Survey, abstract no. in jT. K £ R-____ Counly, Texas, as more fully described in an

instrument recorded in Volume Page _ 7-/ ^___ of the ^ £ A C—______ Records of

K- ii> Cl______ Counly, Texas.

For blanVcl c4.«mc lo lliaf portion of Ihc above.

:nis. op-.tn location by GRANMI-I- of its uiiliiy facilities on said property, the HASKMF.NT PROri-Kl Y sitall be limilcd c jrop-eily within feet in all dvcctinns of Grantor's utility facilities or structures on the trad of land described

Ihe EASEMENT PROPERTY shall include use of the subsurface below and air space above for the PURPOSE herein slated. This easement shall also include such portions of adjoining property owned by Grantor as is necessary for the PURPOSES staled below.

PROJECT: Installation end maintenance of electric, water, and'or wastewater facilities. Utility distribution and collection line or lines consisting c v a/iable number and sizes of lines, cables, poles, structures, and all necessary or desirable appurtcnccs, appliances, facilities, and equipment, (includ

; of a, - .. ... ............... .......... r............ ^(including

but not limited lo supporting structures, insulators, transformers, guy wires, anchorages, fire hydrants, manholes, valves, pumps, lift stations, and other facilities whether made of wood, metal, or other materials) ’ V

GRANT: GRANTOR, for the CONSIDERATION rccehcJ by GRANTOR, hereby grams, sells, and con\c>s to GRAN I EE an EASEMEN T appurtenant and Right-Of-Way in. upon, and across the EASEMENT PROPERTY, together wilh all end singular the rights and appurtenances thereto in anyway belonging, loha\e and hold it lo GRANTEE and GRAN I EE's successors and assigns forever. GRANTOR also grants to GRANTEE the right end authority to liccmc. permit or otherwise agree lo the joint use or occupancy of the line system, cr facilities by any other person or entity for electrification, telephone, telegraph, television or other similar purposes.

PURPOSE: The EASEMENT, right-of-way, rights, and privileges herein granted shall be used for the purpose of providing utility service, construct- • irg. placing, operating, maintaining, reconstructing, replacing, relocating, reconstituting, chinging the size or nature of, rebuilding, upgrading, rcnwvmg, inspecting, patrolling, and'or repairing the PROJECT or any. part of the PROJECT, a.id making connections therewith, and to undertake the

PROI'f RT Y *.>i /ighl<-f-way n> nay reasonably mcsviry in ccr.r.edicn with the PURPOSES shied, or zr.y one or more of them relating to the PROJCf. f. or any pari ihere.'l

ACCESS GRANTOR shall have th< right of r-ed:>tMa:i. cquip.wem. a-vi vehicular ingress and egress a! a!l limes upon and a:ross |hc EASEMENT *C/ . r ABocy; 1769fige

21

1‘KOI'I Kl Y tin ihc al>o\c S'jM HilU’OSI CiHAKIITshall aho liavc Ihc nyhl ol mhjk>s ami Cfcros* our u>.russ iho uviiloiremainder properly of OKANI OH for ihc purpose of ohialnlns access In iht cvcnl ihal awes* Is noi uusoiulity avuilahlv our vxisiln^ rn.uls,ORANTff shall have the rlgltl of reasonable Ingress and egress over the adjacent property of OKAN fOH along any route that Is reasonable and approprU'e under the circumstances then existing In order to obtain access ORAN ft f shall has e the right to use such portion of the properly along and adjacent to the E ASfMfN r PROPfRl Y and rlght-of way as may t>e reasonably necessary tn connection with the construction, rvennstruction, repair or other Purpose stated above relating to the f'ROJrCf, or any part thereof

TfRM Ihc PASTMI NT and access rights g/anied herein, as well as the covenants made herein, shall be pcrpeiu?! ?nd appurtenant to the land, unless abandoned by the GRAN! H for a period of tO years

1RFCS GRAN! CC shall hav e the right to cut, trim, chemlcslly treat w ith herbkldcs, and/or remov c trees, shrubs, bushes, brush and vegetation wUhm or adjacent to the rASfMfNT PROP! R TY or otherwise necessary to rcstire the I’UKPOSL herein stated

SI RUCfURLS GRAN fOR shall not construct or locate on the PASf Ml NT PROITRl Y any structure, obstruction or improvement GRAN IH shall have the right to remove Irons the I ASPhlfN f I'ROPI R1Y any structure, Improvement, or obstruction and GRAN I OR agrees to pay GRAN 11 T the rcaisonablc cost of such removal and this agreement shall be a covenant running with the land for the benefit of GRAN U T

DAMAGES It Is understood and agreed that the CGNSIDfRAl ION receiv ed by G’RANfOR includes adequate compensation for all damages for the initial construction and all operation and maintenance of the PROJTC f as well as ail damages, if any, to GRAN FOR s properly which may occur In the future aRer the original construction of the PROJECT, directly resulting from GRANTEE'S exercise of a^y PURPOSE GRANTEE shall not be liable for damages caused by 1 eeping the EASEMENT PROPI R1Y clear of trees, undergrowth, brush, and obstructions

MINFRAE5 GRANTOR expressly reserves all oil. gas, and other minerals owned by GRANTOR, in, on, and under the EASEMENT PROPERTY, provided that GRANTOR shall not be permuted (o, and shall not allow any party to, drill or excavate for minerals on or from the surface of the EASEMENT PROPER! Y, but GRANTOR may extract oil, gas, or other minerals from and under the EASEMENT PROPERTY by directional drilling or other means which do not interfere with or disturb GRANTEE'S u>e of the EASEMENT PROPERTY

OWNERSHIP GRANTOR agrees that all utility appurtenances, facilities, appl antes and equipment installed upon the I ASEMl NT PROPERTY shall at all times remain the property of the GRANTEE and Is remov able at the option of the GRAN 11 C

ASSIGNMENT AND MJSCTLI ANEOUS This instrument, and the terms and conditions contained herein, shall inure to the bene lit of and be binding upon GRANTEE and GRANTOR, and their respective heirs, personal representatives, successors, and assigns When the context requires, singular nouns and pronouns Include the plural \\ hen appropriate, the term “GRAN fEE includes the employees, contravtcus, and authorized agents of

WARRAN TY GRANTOR warrants and shall forever deftnd tne f'ASf Ml Nf tu GP.ANN f against anyone laufetty clarming or to clarm the EASTMENTor any part thei

GRANTEF

GRANTOR

iNDIVNOUAL ACKNOWLCDGFMCNT

STAIROF1TXASCOUNTY OF !?ax1(JAjCOUNTY OF

This mslrument was acknowledged before me on thisag'i.oi rx/Af_____

and nii/xxrrXA)GRANTOR, and

GRANTOR QaXlJ^Nc^ry Public, Stale of Texas

O'<

cz

After Recording, Return tins Document to City Secretary PO Dox 255

/

* .AtmmifciiiiP gir

22

EASEMENT DESCRIPTIONu

LINE BEARING DISTANCE

LI N orzs’io" E 11.29’

L2 S 0r08’42" W 11.32’

NOTES:

1) NO ABSTRACT OF TITLE OR TITLE COMMITMENT WAS PROVIDED TO THIS SURVEYOR. RECORD RESEARCH DONE BY THIS SURVEYOR WAS MADE ONLY FOR THE PURPOSE OF DETERMINING THE BOUNDARY OF THIS PROPERTY AND OF THE ADJOINING PARCELS. RECORD DOCUMENTS OTHER THAN THOSE SHOWN ON THIS SURVEY MAY EXIST AND ENCUMBER THIS PROPERTY.

2) OFFICIAL F.E.M.A. FLOOD HAZARD INFORMATION HAS NOT BEEN REVIEWED DURING THE COURSE OF THIS SURVEY. FOR UP TO DATE FLOOD HAZARD INFORMATION PLEASE VISIT THE OFFICIAL F.E.M.A. WEBSITE AT WWW.FEMA.GOV.

3) ALL CORNERS ARE POINTS, UNLESS OTHERWISE NOTED.

4) UNDERGROUND UTILITIES WERE NOT LOCATED DURING THIS SURVEY. CALL TEXAS811 (800) 344-8377 AND/OR UTILITY PROVIDERS BEFORE EXCAVATION OR CONSTRUCTION.

5) IMPROVEMENTS NOT SHOWN FOR PURPOSE OF CLARITY.

CE£r o' O '3- l/l CM

BEING A 0.049 ACRE (2152± SQ. FT.) 10 FOOT UTILITY EASEMENT OVER AND ACROSS THE SARAH MONK SURVEY, ABSTRACT NO. 906, PARKER COUNTY, TEXAS; BEING OVER AND ACROSS THAT CERTAIN WORLD PROPERTIES LTD. TRACT AS DESCRIBED IN DOC.# 201519055, OFFICIAL PUBLIC RECORDS, PARKER COUNTY, TEXAS; BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

THE FOLLOWING BEARINGS DERIVED FROM G.P.S. OBSERVATIONS PERFORMED BY TEXAS SURVEYING, INC. AND REFLECT N.A.D. 1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202 (GRID).

BEGINNING AT A FOUND 1/2" IRON ROD, IN THE CALLED NORTH RIGHT OF WAY LINE OF EAST BANKHEAD HWY, AT THE SOUTHWEST COMMON CORNER OF THAT CERTAIN SORRELLS TRACT AS DESCRIBED IN VOLUME 2493, PAGE 493, REAL PROPERTY RECORDS, PARKER COUNTY, TEXAS, FOR THE SOUTHEAST AND BEGINNING CORNER OF THIS EASEMENT. WHENCE THE SOUTHEAST CORNER OF THE SARAH MONK SURVEY, ABSTRACT NO. 906, IS CALCULATED TO BEAR S 1H0T5" E 1301.59 FEET.

THENCE N eO^eTO" W 215.22 FEET ALONG SAID EAST BANKHEAD HWY TO A FOUND 1" IRON PIPE, AT THE SOUTHEAST CORNER OF THAT CERTAIN TRACT AS DESCRIBED IN DOC. NO. 201905500, OFFICIAL PUBLIC RECORDS, PARKER COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF THIS EASEMENT.

THENCE N Or25TO" E 11.29 FEET ALONG SAID DOC. NO. 201905500 TO A POINT, IN THE EAST LINE OF SAID DOC. NO. 201905500, FOR THE NORTHWEST CORNER OF THIS EASEMENT.

THENCE S 60°56T0,, E 215.15 FEET OVER AND ACROSS SAID DOC. NO. 201519055 TO A POINT, IN THE WEST LINE OF SAID V. 2493, P. 493, FOR THE NORTHEAST CORNER OF THIS EASEMENT.

THENCE S 01°08’42" W 11.32 FEET TO THE POINT OF BEGINNING.

TEXASSURVEYING

mi;.NT

0 60 120 180FIRM MO. 1010D0G0 - WWW.TXSURVEYINI5.00M

£ l/vi b t

23

24

25

26

27

28

QUITCLAIM DEED

NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN PUBLIC RECORDS: YOUR

SOCIAL SECURITY NUMBER OR DRIVER’S LICENSE NUMBER DATE: GRANTOR: City of Weatherford GRANTOR'S MAILING ADDRESS P.O. Box 255 Weatherford, Parker County, Texas 76086 GRANTEE: World Properties, Ltd. GRANTEE'S MAILING ADDRESS 6750 Locke Avenue, Suite 103-B Fort Worth, Texas 76116 CONSIDERATION: TEN AND NO/ 100 DOLLARS ($10.00) AND OTHER VALUABLE CONSIDERATION . PROPERTY: That easement described in Book 1769, Page 544 , Deed Records, Parker County, Texas. For the consideration Grantor quitclaims to Grantee all of the Grantor's easement rights, and interests in and to the property, to have and hold it to Grantee, Grantee's heirs, executors, administrators, successors, and assigns forever. Neither Grantor nor Grantors heirs, executors, administrators, successors, or assigns shall have, claim, or demand any right or title to the property or any part of it.

When the context requires, singular nouns and pronouns include the plural. CITY OF WEATHERFORD

________________________________ Paul Paschall Mayor (ACKNOWLEDGMENT) STATE OF TEXAS COUNTY OF PARKER

29

This instrument was acknowledged before me on the ___ day of _________, 2019 by Craig Swancy, Mayor of the City of Weatherford, Texas, a Municipal corporation, on behalf of said corporation.

_________________________ Notary Public, State of Texas Notary's Name (printed): Notary's Commission Expires: AFTER RECORDING RETURN TO:

30

O2020-24 Page 1 of 1

ORDINANCE O2020-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS, RELEASING, VACATING AND ABANDONING A UTILITY AND RIGHT-OF-WAY EASEMENT LOCATED IN THE SARAH MONK SURVEY, ABSTRACT 906, PARKER COUNTY, TEXAS

WHEREAS, World Properties, LTD, is the property owner of a tract of land recorded in document 201519055, Deed Records, Parker County, and City of Weatherford has easement rights crossing the said tract of land; and WHEREAS, World Properties, LTD, has requested that the City Council release, vacate and abandon the Book 1769, Page 544, Deed Records, Parker County, Texas which encumbers that tract of land described in Document 201519055, Deed Records, Parker County, Texas.; and

WHEREAS, after due investigation, the City Council has determined that this easement will not be of public benefit in the foreseeable future; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS: That the easement described in Book 1769, Page 544, D.R.P.C.T. is hereby released, closed, vacated and abandoned: The foregoing ordinance was read, passed, and adopted by a vote of ____ayes and ___nayes at a meeting of the City Council of the City of Weatherford, Texas held on the 12th day of May, 2020. _____________________________________ Paul Paschall, Mayor ATTEST: _____________________________________ Malinda Nowell, City Secretary APPROVED AS TO FORM: _____________________________________ Ed Zellers, City Attorney

31

Page 2 of 2

5/8/2020https://legistarw

eb-production.s3.amazonaw

s.com/uploads/attachm

ent/attachment/584031/P...

32

City of Weatherford avioWWeatherford Municipal Utilities

UTILITY EASICIV1ENT AND IUG!IT-OF-WAY

STATli OI: It-X/ii

COUNTY OF IRQ £ I-' H-___________

Work Order No.OATH: ..... ^ if

: J a rw r.S____ AJ... j»- 8........£<5________________GRANTOR

GRANTOR'S MAIM NO ADDIUESS (l!\ £- ______________

lo k d r// £ ranSi I'x iCojsL

GRANTKIi: WBATIIRRFOUD MUNICIPAL UTIMTIHS

GRANTCH'S MAILING ADDRESS: I’.O. IJo.x 255Wcalhcrforii, Texas 76086

CONSIDERATION: Hie provision of milily service and'or oilier benclils inuring lo GRAN TOR and'or Ten nnd No/100's dollars ($10.00) and oilier gooil and valuable considernlion, die rccci|'l ami sufliciency of some consideration deemed valuable to GRANTOR being hereby expicssly acknmvledged and accepted by GRANTOR.

EASEMENT PROPERTY (check either Denned Easement or Ulankct Easement):

| | Defined Casement. The EASEMENT PROPERTY is a tract of land consisling of acres, more or less,more particularly described in the attached Exhibit A, Held note description and plat, incorporated herein for all purposes.

X) Blanket Easement. The EASEMENT PROPERTY is a (racl of land described as follows (check one):

I I Q-.hcdPLcp.aivl.oi(s)5j_(_ T. in Block Addition, an addilion in the city

P^-OC Y<Tt( fi A t Of? D, (cross out "City oP’ if property is not within city limits),

_____ County, Texas, according to the map or plat thereof recorded in the Plat Records of

such county.

I I UnpItUICd.licoiiStlX. ___ acr,;s of land, more or less, out of the tjW / '^r'd t____ _____

Survey, abstract no. ,n H____ County, T exas, as more fully described in an

instrument recorded in Volume Page 7/^____ of the ^ E A C—___ Records of

K- & G ____ County, Tcxa

For blanVci ci^mcnis, up-.in locaiion by GRANIlil; of its ulility facilities on saij property, the l-ASHMF.NT I'KOPEKl Y siiall be limited lo that portion of the |:fv»f<ity within feet in all directions of Grantor's utility facilities or struclurcs on the trad of land described above.

Ihe EASEMENT PROi’ERIY shall include u>c of the subsurface below and air space above for the PURPOSE herein slated. This easement shall also include such portions of adjoining property owned by Granlor as is necessary for the PURPOSES slated below.

PROJECT: Installation and maintenance of electric, water, and'or wastewater facilities. Utility distribution and collection line or lines consisting of a \ ariable number and sizes of lines, cables, poles, structures, and all necessary or desirable appurtcnccs, appliances, facilities, and equipment, (including but not limited to supporting structures, insufalois, transformers, guy wires, anchorages. Tire hydrants, manholes, valves, pumps, liR stations! and other facilities whether made of wood, metal, or other materials) ’ x

GRANT: GRANTOR, for (he CONSIDERATION rcceiseJ by GRANTOR, hereby grants, sells, and con\c)s to GRAN l EE an EASEMEN T appurtenant and Right-Of-Way in. upon, and across the EASEMENT PROPER IY, together with all and singular (he rights and appurtenances thereto in anyway belonging, lohate and hold it lo GRANT EE and GRAN I EE's successors and assigns forever. GRANTOR also grants to GRANTEE the tight end authority lo liccr.'-c, permit or otherwise a£r« to the joint use or occupancy of the line system, cr facilities by any other personelectrification, telephone, telegraph, television or other similar purposes.

-erson or entity for

;NTPROI'f RT Y »->J rigM-cf-way n> nay he reasonably nacsviry in ccr.ncclkn with the PURPOSES slatc-J, or zr.y one or more of them relating to the PROJCf. 1. or any pari there.'/

ACCESS GRANlOR vbYd hive the right of peJ:>t»b:i. equipment, a-vj vehicular ingress and egress at a!l limes i;pn:i and arross Ihc l:AM:MENf

BOCK 17 6 9 FACE33

J'HOI'I Kl Y for the al>o>c stJkU H/HI'OSI (iUAKITI stiall also luvc the iti*ht ofunju.^ and our tolling f»nd> u<.ro^$ iho jdj kmi! oi femahider p/opc»ly of C5KAN10K fof the purpose ufohtalnlng access In the event ilial avuss is not rcusoiuMy avjilahlc ovtf vxisting mads,ORANTPC shall have the right of reasonable Ingress and egress over the adjacent properly of ORAM fOft along any route that Is reasonable and approprlvc under the circumstances then existing In order to obiahi access ORAN fI f shall have the right to use such portion of the properly along and adjacent to the I ASfMfNf PROITRIY end rlght-of wey as may be reasonably necessary hi connection with the construction, reconstruction, repair or other Purpose slated above relating to the PROJfCT, or any part thereof

TfRM Hie PASTMI NT and access rights g'anted herein, u well as the covenants made herein, shall be perpeiu?! ?nd appurtenant to the land, unless abandoned by the GRAN! PI for a period of iO years

1RFCS GRAN! CC shall have the right to cut, trim, chcmlcilly treat with herbhldes, and/or remove trees, shrubs, bushes, brush and vegetation within or adjacent to (he rASPMPNT PROP! RFY or otherwise necessary to rcatirc the I’UPf’OW herein stated

SI RUCfURLS GRANTOR shall not constructor locale on the I ASf MI NT I’ROI’PRl Y any structure, obstruction or improvement GRAN I PI shall have the right to remove Irom the I ASPMPN P PROP! RTY any structure, Improvement, or obstruction and GRAN I OR agrees to pay GRAN 11 P the reasonable cost of such temov at and this agreement shall be a covenant running with the land for the benefit of GRAN 111*

DAMAGES It Is understood and agreed that the CGNS1DPRA1 ION received by GRANTOR includes adequate compensation for all damages for the initial construction and all operation and maintenance of the PROJECT as well as all damages, if any, to GRANTOR’S property which may occur in the future after the original construction of the PROJPCT, directly resulting front GRANTEE'S exercise of ary PURPOSE GRANTEE shall not be liable Tor damages caused by l ccpmg the EASEMENT PROP! R1Y clear of trees, undergrowth, brush, and obstructions

MINERALS GRANTOR expressly reserves all oil, gas, and other minerals owned by GRAN TOR, in, on, and under (he EASEMENT PROPERTY, prov Ided that GRANTOR shall not be permitted (o, and shall not allow any party to, drill or cxvavalc Tor minerals on or from the surface of the CASEMENT PROPER! Y, but GRANTOR may extract oil, gas, or other minerals from and under the CASEMENT PROPERTY by directional drrlhng or other means which do not interfere with or disturb ORAN! EE's u>e of the PASCMENT PROPER! Y

OWNERSHIP. GRANTOR agrees that all utility appurtenances, facilities, epphances and equipment installed upon the I ASPMl NT PROPERTY shall at all times remain the property of the GRANTl P and is remov able at the option of ihc GRAN 11 C

ASSIGNMENT AND MISCPLI ANEOUS This instrument, and the terms and conditions contained herein, shall mure to Ihc benefit of and be binding upon GRANTEE and GRANTOR, and their respective heirs, personal representatives, successors, and assigns When the context requires, singular nouns and pronouns include the plural \\ hen appropriate, the term “GRANfPI ’ includes the employees, contractors, and authorized agents of GRANTPP

WARRAN TV GRAN FOR warrants and shall forever dcRnd me PAbl MEN I to GPANH P against anyone lawfully claiming or to claim the

STAT H OFTEXASCOUNTY OF l?AXlaA^

This instrument was acknowledged before me on this gffidavof PXAA .19^oy

___. GRANTOR, and dUK#. f\lf)CkPC£ _

Q(Ai,A.Nt^ry Pobhc, Stale of! exas J

GRANTOR

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Aftcr Recording, Return tiiis Document to City Secretary PO Box 255 Weatherford, Texas 76086

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34

Weatherford City CouncilAGENDA REPORT

Meeting Date: May 12, 2020 Staff Contact: Shannon Goodman, Director of Parks,Recreation and Special Events

Item Number: 2020-262-AR Phone: 817-598-4050

SUBJECT: Discuss and consider adoption of Ordinance O2020-25 amending Title IX, Chapter 11, section 9-11-1park regulations.

BACKGROUND/DISCUSSIONThe Parks Department has been working closely with the Police Department in order to update park regulations to helpmanage the parks and green spaces as the City continues to evolve through growth and new parks and propertiesdevelopment. To help manage the ever changing ways that the public interfaces within the parks and green spaces the Cityhas to look to continue to change the management practices of these spaces. With the approval of these requestedchanges, it will allow City staff to help create a safer and more efficiently ran parks and green space system. The parksstaff has looked at other city’s parks regulations and has adopt some of those practices in this regulation change request.

FINANCIAL IMPACTThere is no foreseeable change.

SUGGESTED ACTIONStaff recommends approval.

ATTACHMENTS amended ordinance for Park regulations.pdf proposed ordinance

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O2020-25 Page 1 of 3

ORDINANCE NO. O2020-25

AN ORDINANCE OF THE CITY OF WEATHERFORD, TEXAS, AMENDING TITLE IX, CHAPTER 11, SECTION 9-11-1 OF THE CITY CODE OF WEATHERFORD; PROVIDING SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council finds and determines that the rules, regulations, terms, conditions, provisions

and requirements of this ordinance are reasonable and necessary to protect the public health, safety and quality of life in the City; and

WHEREAS, the City Council adopted the General Plan on January 23, 2018, which included casting a

new vision for Weatherford, that includes the Parks, Trails and Open Space Master Plan; and WHEREAS, the City Council desires an increase and improvement for the quality of life opportunities in

the City of Weatherford; and WHEREAS, the following changes provide the parks department and the police department the needed

regulations to support the management of the City of Weatherford’s parks and green spaces; and WHEREAS, the changing of the following park and green space regulations will provide a safer and better

quality of life experience for the citizens of Weatherford. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS: Findings of Fact. The above and foregoing recitals are hereby found to be true and correct and are incorporated herein as findings of fact. The City Council further finds and determines that the rules, regulations, terms, conditions, provisions and requirements of this ordinance are reasonable and necessary to protect the public health, safety and quality of life in the City. Amendments to Title IX, Chapter 11, of the City Code of Weatherford, Texas. The City Council hereby amends the following chapter, articles and sections of Title IX, Chapter 11 of the City Code of Weatherford to read as specifically set forth herein: Chapter 11. PARKS Sec. 9-11-1. - General park regulations. Repeal current Sec. 9-11-1 and replace with the following: CHAPTER 11. - PUBLIC PARKS and GREEN SPACES Sec. 9-11-1. - General park and green space regulations.

The following regulations shall apply to all parks and green spaces within the city limits of Weatherford as shall exist now or hereafter be created:

1. Concert activities shall have the prior approval of the director of parks and recreation and such activity shall be required to complete a special event application and furnish proof of liability insurance documentation.

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O2020-25 Page 2 of 3

2. All individuals, corporations or businesses acting as a vendor soliciting for sale to the public any merchandise, food or produce shall have prior approval of the director of parks and recreation and shall have obtained all required city licenses or certificates as may be applicable to such merchandise, food or produce.

3. Alcoholic beverages are not allowed in any park or green spaces owned by the city unless a special event permit has been approved for the use of alcoholic beverages. This special event permit shall only be issued with proof of the proper Texas Alcoholic Beverage Commission (TABC) permit and within TABC guidelines. "Alcoholic beverage" means alcohol or any beverage containing more than one-half of one percent of alcohol by volume that is capable of use for beverage purposes, either alone or when diluted.

4. Glass containers shall not be permitted. 5. All dogs must remain on a leash, 6-feet or less, except within the Patsy Hooks Dog Park. 6. Overnight camping or campfires shall not be permitted in any city park except for the purpose of

organized and scheduled activities as may be approved by the director of parks and recreation or an agent thereof.

7. No loitering. Loitering is defined as staying in a park or green space overnight or camping without permission.

8. Security gates may be provided at any park or green space entrance for the purpose of closing and securing a park as deemed necessary by the city manager, the director of parks and recreation, the chief of police, or an agent thereof.

9. Motorized vehicles are restricted to designated streets and motor vehicle parking areas. 10. The maximum vehicle speed limit for all park roads shall be posted for a maximum speed of 20

miles per hour. 11. No vehicles shall be permitted to be left overnight. 12. Hunting and/or discharge of a firearm is prohibited within the corporate limits of the city. 13. Parks and green space hours of 6:00 a.m. to 10:00 p.m. will be strictly enforced per ordinance. 14. Rental facilities include but are not limited to; parks, green spaces, pavilions, amphitheater, athletic

fields, tennis courts, basketball courts and city operated buildings. Reservations have priority at these facilities.

Violations of these regulations, city ordinances or state law may result in a criminal trespass, citation or possible arrest.

Resolution of Conflicting Ordinances. In the event of a conflict or inconsistency between this ordinance and any other code or ordinance of the City, save and except the provisions of the Comprehensive Zoning Ordinance, the provisions of this ordinance shall control. Nothing adopted herein is intended to, in any way, nor shall any such provision be deemed to supersede or control over the provisions of the Comprehensive Zoning Ordinance. Savings Clause. All rights and remedies of the City of Weatherford are expressly saved as to any and all provisions of any ordinance affecting fees of the City and to any and all violations of the provisions of any prior ordinance pertaining to certain alcohol regulations in city parks within the City which have accrued as of the effective date of this ordinance; and as to such accrued fees, collection activity, violations and any pending litigation, both civil and criminal, whether pending in court or not, under such prior ordinances, same shall not be affected by this ordinance but may be prosecuted and pursued until final disposition by the courts.

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O2020-25 Page 3 of 3

Effective Date. This ordinance shall take effect immediately from and after its passage and publication in accord with the provisions of the Texas Local Government Code. This ordinance shall, upon taking effect, be applicable in its entirety to any and all applications for licensure submitted or pending as of the effective date of this ordinance. Severability. It is the express intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, sentence, paragraph or section should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance as the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision, and to this end the provisions of this ordinance are hereby declared to be severable. Open Meetings. The City Council finds and determines that the meeting at which this ordinance is passed was open to the public as required by law and that public notice of the time, place and purpose of said meeting was duly given as required by the Texas Open Meetings Act. PASSED AND APPROVED BY A VOTE OF _____ AYES AND ____ NO ON THE 12th DAY OF May 2020. ATTEST: THE CITY OF WEATHERFORD, TEXAS ___________________________________ ___________________________________ Malinda Nowell, TRMC, City Secretary Paul Paschall, Mayor APPROVED AS TO FORM: ___________________________________ Zellers & Zellers, City Attorney

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O2020-25 Page 1 of 4

ORDINANCE NO. O2020-25

AN ORDINANCE OF THE CITY OF WEATHERFORD, TEXAS, AMENDING TITLE IX, CHAPTER 11, SECTION 9-11-1 OF THE CITY CODE OF WEATHERFORD TO: PROVIDE HOURS OF OPERATION FOR PARKS AND GREEN SPACES; TO AMEND FIREARM PROVISIONS CONSISTENT WITH APPLICABLE STATE LAW AND LOCAL ORDINANCE; TO PROVIDE FOR SPECIFIC ANIMAL CONTROL PROVISIONS WITHIN PARKS AND GREEN SPACES WITHIN THE CITY; TO PROHIBIT CAMPFIRES IN PARKS OR GREEN SPACES WITHOUT PRIOR WRITTEN APPROVAL OF THE DIRECTOR OF PARKS AND RECREATION; TO ESTABLISH PRIORITIES FOR THE USE OF PARKS AND GREEN SPACE RENTAL FACILITIES; TO AUTHORIZE THE ESTABLISHMENT OF SECURITY GATES AT PARKS AND GREEN SPACES; TO PROHIBIT OVERNIGHT PARKING OF VEHICLES IN PARKS OR GREEN SPACES; AMENDING TITLE IX, CHAPTER 11, SECTION 9-11-5 TO ESTABLISH UNIFORM PARK HOURS; AMENDING TITLE IX, CHAPTER 11, SECTION 9-11-8 TO INCLUDE ADOPTED REGULATIONS IN THE OFFENSE AND PENALTY PROVISIONS OF CHAPTER 11; PROVIDING SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City Council adopted the General Plan on January 23, 2018, which included casting a new vision for Weatherford, that includes the Parks, Trails and Open Space Master Plan; and WHEREAS, the City Council continues to promote those terms of the General Plan that improve the quality of life and safe and appropriate recreational opportunities in the City of Weatherford; and WHEREAS, the following amendments to Title IX, Chapter 11 of the City Code of Weatherford provide additional regulations for City parks and green spaces determined to be necessary for the health and safety of all citizens utilizing parks and green spaces in the City; WHEREAS, the following amendments to park and green space regulations further promote a safer and better quality experience for all citizens of Weatherford in parks and green spaces in the City; WHEREAS, the City Council finds and determines that the rules, regulations, terms, conditions, provisions and requirements of this ordinance are reasonable and necessary to protect the public health, safety and quality of life in the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEATHERFORD, TEXAS: Findings of Fact. The above and foregoing recitals are hereby found to be true and correct and are incorporated herein as findings of fact. The City Council further finds and determines that the rules, regulations, terms, conditions, provisions and requirements of this ordinance are reasonable and necessary to protect the public health, safety and quality of life in the City. Amendments to Title IX, Chapter 11, of the City Code of Weatherford, Texas. The City Council hereby amends the following chapter, articles and sections of Title IX, Chapter 11 of the City Code of Weatherford to read as specifically set forth herein:

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O2020-25 Page 2 of 4

Title IX, Chapter 11, Section 9-11-1 of the City Code of Weatherford is hereby repealed in its entirety and the following Section 9-11-1 is adopted to replace the repealed regulations of Section 9-11-1: CHAPTER 11. – Public Parks Sec. 9-11-1. - General Regulations.

For purposes of this ordinance, the term “City park” shall include all City parks whether a Neighborhood Park, a Community Park, a Special Use Park; a Lake Front Park District; athletic fields or facilities of any type owned, leased or operated by the City of Weatherford; and an Open Space or Greenbelt area (including, but not limited to hike and bike trails) as set forth in the Weatherford General Plan as these parks or areas exist on the date of this ordinance or as they may hereafter be developed. The following regulations shall apply to all City parks (as defined herein) within the city limits of Weatherford as same shall exists on the date of this ordinance or as may hereafter be developed:

a. Park hours shall be as set forth in Section 9-11-5 below. No person shall enter into or remain in a park during hours designated for that park area as “Hours Closed” in Section 9-11-5.

b. Concert activities shall have the prior written approval of the director of parks and recreation and persons or entities desiring to schedule a concert activity complete a special event application and furnish documentation of liability insurance in the amount required by the City for the conduct of the concert activity or event.

c. All individuals, corporations or businesses acting as a vendor soliciting for sale to the public any merchandise, food or produce shall have prior written approval of the director of parks and recreation and shall obtain all required city licenses or certificates as may be applicable to such merchandise, food or produce. Vendors shall be required to display required City licenses or certificates in the immediate area of their sales activity and/or upon request of City personnel.

d. Alcoholic beverages are not allowed in any City park or greenbelt area unless a special event permit has been issued which approves the use of alcoholic beverages. Such special event permit shall only be issued with proof of the proper Texas Alcoholic Beverage Commission (TABC) permit and within TABC guidelines. For purposes of this ordinance, "alcoholic beverage" means alcohol or any beverage containing more than one-half of one percent of alcohol by volume that is capable of use for beverage purposes, either alone or when diluted.

e. Glass containers of any type are expressly prohibited in all City parks. f. Notwithstanding any provision of Title XIV of the City Code of Weatherford to the contrary, all

dogs must be on an appropriate leash – of six (6) feet length or less – at all times save and except dogs within the Patsy Hooks Dog Park.

g. Overnight camping is prohibited in any City park except in connection with organized and scheduled activities expressly approved in writing in advance by the director of parks and recreation or an agent of the director. For purposes of this ordinance, “overnight camping” means remaining in a City park or greenbelt area after or during hours that park or greenbelt area is closed.

h. Campfires, including firepits, are expressly prohibited in any City park except in connection with organized and scheduled activities expressly approved in writing in advance by the director of parks and recreation or an agent of the director.

i. Security gates may be established at any City park or greenbelt area entrance for the purpose of closing and securing the park or area as deemed necessary.

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O2020-25 Page 3 of 4

j. Motorized vehicles are expressly restricted to designated streets, park roads and motor vehicle parking areas.

k. The maximum prima facie reasonable maximum prudent speed limit for all streets, roadways and park roads shall be 20 miles per hour. Signs shall be posted to advise of this speed limit.

l. No motor vehicles, trailers, campers or other types of vehicles shall be permitted to remain overnight in any City park or greenbelt area. Vehicles remaining overnight in any City park or greenbelt area shall be subject to removal by towing. For purposes of this subsection, “remain overnight” means the vehicle remains in a City park or greenbelt area after or during hours that park or greenbelt area is closed.

m. Hunting and/or discharge of a firearm is expressly prohibited in any City park or greenbelt area. n. In the event the City has entered into a “reservation agreement” for a park, green space, pavilion,

amphitheater, athletic field, tennis court, basketball court or a city operated or owned building, the prior “reservation agreement” will have priority over public use during the period designated for that “reservation agreement”. Members of the public will not disrupt or interfere with the previously reserved use of the area pursuant to a prior “reservation agreement”.

Title IX, Chapter 11, Section 9-11-5 is hereby amended to read as follows:

Sec. 9-11-5. - Park hours. (a) The hours of operation for all City parks, facilities and greenbelt/open spaces and the hours

during which such areas shall be closed for all public use are as follows:

Hours Open 6:00 a.m. to 10:00 p.m. Hours Closed 10:00 p.m. to 6:00 a.m.

(b) Permissible hours for use of a City park, facility or greenbelt / open space may only be altered by written authorization of the director of parks and recreation or the director’s agent applied for and obtained in advance of the use. It is a defense to prosecution for violation of park hours that a person holds a duly issued written authorization or special event permit authorizing that person’s presence in the City park, facility or greenbelt /open space during the particular period of time.

Title IX, Chapter 11, Section 9-11-8 is hereby amended to read as follows:

Sec. 9-11-8: Offense and Penalty

1. A person commits an offense if he violates, disobeys or fails to comply with a term or provision of this chapter. An offense hereunder does not require proof of a culpable mental state. It is the intent of this chapter to impose strict liability for violation of or failure to comply with a provision of this chapter. Save and except as to applicable speed limits on park streets, roadways and park roads, signs shall not be required to be posted.

2. Any person found to have violated any provision of this chapter or to have failed to comply with any provision of this chapter shall, upon conviction, be fined in an amount not to exceed to the sum of $500.00. Each day that a violation continues shall constitute a separate offense.

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O2020-25 Page 4 of 4

Resolution of Conflicting Ordinances. In the event of a conflict or inconsistency between this ordinance and any other code or ordinance of the City, save and except the provisions of the Comprehensive Zoning Ordinance, the provisions of this ordinance shall control. Nothing adopted herein is intended to, in any way, nor shall any such provision be deemed to supersede or control over the provisions of the Comprehensive Zoning Ordinance. Savings Clause. All rights and remedies of the City of Weatherford are expressly saved as to any and all provisions of any ordinance affecting fees of the City and to any and all violations of the provisions of any prior ordinance pertaining to certain alcohol regulations in city parks within the City which have accrued as of the effective date of this ordinance; and as to such accrued fees, collection activity, violations and any pending litigation, both civil and criminal, whether pending in court or not, under such prior ordinances, same shall not be affected by this ordinance but may be prosecuted and pursued until final disposition by the courts. Effective Date. This ordinance shall take effect immediately from and after its passage and publication in accord with the provisions of the Texas Local Government Code. This ordinance shall, upon taking effect, be applicable in its entirety to any and all applications for licensure submitted or pending as of the effective date of this ordinance. Severability. It is the express intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, sentence, paragraph or section should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance as the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision, and to this end the provisions of this ordinance are hereby declared to be severable. Open Meetings. The City Council finds and determines that the meeting at which this ordinance is passed was open to the public as required by law and that public notice of the time, place and purpose of said meeting was duly given as required by the Texas Open Meetings Act. PASSED AND APPROVED BY A VOTE OF _____ AYES AND ____ NO ON THE 12th DAY OF May 2020. ATTEST: THE CITY OF WEATHERFORD, TEXAS ___________________________________ ___________________________________ Malinda Nowell, TRMC, City Secretary Paul Paschall, Mayor APPROVED AS TO FORM: ___________________________________ Zellers & Zellers, City Attorney

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