Res 135-2021 Interlocal Agreement with Wichita County for Improvements at Business Park 11/02/2021 Resolution No. 135-2021
Resolution authorizing the Mayor to execute an Interlocal Agreement
with Wichita County for reimbursement of water and sewer
improvements serving the Wichita Falls Economic Development
Corporation Business Park in the amount of$1,045,845.00
WHEREAS, the City of Wichita Falls Economic Development Corporation owns
the City's Business Park;
WHEREAS, the Economic Development Corporation has determined an
investment in water and sewer mains would make the business park much more
marketable to future industrial expansions and investments;
WHEREAS, the Economic Development Corporation Business Park lies entirely
within Wichita County;
WHEREAS, the Wichita County Commissioners have determined an investment
in the Business Park would benefit the County as a whole by attracting future industrial
development;
WHEREAS, Water and sewer infrastructure improvements are eligible for the use
of American Rescue Plan Act funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The Mayor is authorized to execute a Interlocal agreement with Wichita County for
reimbursement of water and sewer improvements for the Wichita Falls Economic
Development Corporation Business Park in the amount of$1 ,045,845.00.
PASSED AND APPROVED this the 2nd day of November, 2021 .
MAYOR
ATTEST:
City Clerk
'I.P 1R.1 I l 11 R1 l'I F\ 1E'I'Rt 11 Al I►I. INURE( )(' 11. (`()I )Pt-R \HON ('(,)NTRACT
11 ITH THE CITY ()I- 11 l('l II I ,1 I .11 LS, I'{►R 1 I ll' I SI' OFF (1 )RONAVIRUS
STA`l t: .1\f1 LOCAL I ISC.1I. RICO\ FRY Ft \I)S FOR THE INSTA1 LATION OF
SANITARY SEWER LINES AND WAFER I_INFS
1 he ('oin n PO,I iners Court of Wichita County. Texas. in compliance with Sec. 791.014 of
the 1 exas(;,nernnrent Code. ()then Ise known as the Intcrlocal Cooperation Act. and before the
commencement it .ill} N1 otk hi ct+nstruct. improve.or repair the subject matter of an. Interl+Ical
CIiutraet with the (''iv of Wichita Falk. Teas. hereby authorizes and approves this separate
specific written appro.al Ior the Iunposed project. In this regard, the following provisions apply
nt sift l proposed Weilni',i6 (',,operation { retract:
l Isis approval is separate and distinct from the Interlocal Cooperation Contract itself,
The proposed project is for Wichita.County to:
make a',iiLLrhle to the City of Wiehit:i hills. Texas a portion n tit llte ('Littln,i Irus
~cafe and Local Fiscal Rec,,~,elk Fund I"('SFRFI rctei%ed by the ('ount\. I hese
lands are intended pro',t,lc support oIt to Si.Ito°. I_ Ic;tl. ,ind'I r'th,tl �ernrthttt, rn
rrspontlinr to the impact 411(-(f1 II) i t.) stud in their e f forts t, ,,int.tin (AA'1D— 19
on their colllrrlltnllies, residents. ;Ind businesses, On llehalfol the ('4waly this
11r11jeel inaKe ,o ailuhle to the (City ,it Wichita Fails $1.045.845.00 for installing
and 15 ilk .said.)'‘ sewer line ienpro.elnenls and 12 inch water line
iiiprovemc;its to serve the Wichita Business Park. (See' exhibit A).
The Commissioners Court of Wichita County.Texas specifically finds that the herein
described projctt wt,uild e a public purpose and would be beneficial to the citizens of Wichita
County. Texas.
Date' (t'tober 18, 2021
Woodrow W_ (loss( Ill.Jr., County Judge
ATTEST:
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IN'WRLOCAt,COOPERATION CONTRACT WITH lilt-tIii +rAIt IIII ar• I.t_s]r2IIiii_.x.ti,.
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Exhibit A
ti Water& Sanitary Sewer Plan
Wichita Falls Business Park
Wichita Falls. Texas =the
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INTERLOCAI. ,AGREEMENT BETWEEN
THE CITY OF WICHITA FALLS TEXAS AND WICHITA COUNTY,
TEXAS FOR "I'IIF USE OF CORONA VIRUS STATE AND LOC,1L.
FISCAL RECOVERY F I NDS FOR INSTALLATION OF SANITARY
tit wER I,l\I'.ti ,1\I) WATER LINES
nits I\ ! l.ftl,f a 11 . 1(.RIII.1II VI' thereinafter referred to as the "Agreement") is
made and enters,: irm the City of Wichita Falls. Texas. a home rule municipal
corporation("CI I 1 1.-, .. �� l Ira County,Texas("COINNTY"),both acting by and through their
duly authorized representau es. pursuant to the provisions of the Interlexal Cooperation Act,
Texas Government Code. Section 791 et %eq_ COUNTY and the CiTY are referred to collectively
herein as the "Parties." or individually a. a "Party."
WIT\F'SETH:
WHEREAS,this Agreement is authoriied by Chapter 791 of the Texas Government('ale;
and,
WHEREAS. the Parties are local governments,as that term is defined in Section 791.011
of the Texas Government Code; and,
\VIIIRF:.1ti. on ~March 11. 202 1, the \merit:in Rescue Plan Act t ARPA t was signed into
law by the President' and Scci 'ri '>+t(i I of ARP.1 .unerad.lekl Title VI of the Social Security Act 17
ttlae Act) it, .rdii seL in cltich estahli.hcs the t'oronavirus State and Local Fiscal Recovery
Fun.d.CCST RI r These funds are intended too provide support to State. Local. and Tribal
government_' in responding to the impact of( ()1 iI7 19 and in their efforts to contain COVID— 19
on their comnrunities. residents. and businesses, and,
WHEREAS. section 603 establishes a fund for metropolitan cities, ncmentillement units
of local government,and counties chat may be used to make necessary investments in water,sewer,
or broadband: and.
WHEREAS, Parties are all qualified entities under ARPA and deem this Agreement is
ncee•s.uv for the benefit of the public: that each Party has the legal authority to perform under this
Agree Inc tit and to provide the governmental function or service which is the subject matter of this
Agree merit. that any of cost fairly compensates the performing Party for services
performed tinder thi• ,1crcentent.and the performance of this Agreement is in the common interest
abut") Panics. and,
WHEREAS. COIN i Y wishes to give ('1'I'Y a certain amount of ARPA funds for the
purpose of making neeessaty If%estnlents and improvements to water and sewer systems within
Wichita County, and,
'American Rescue Plan Act(tt 2021 iARM).tire.9$O1,Public Law 117-2,codified ar 42 U.S.C.402 cr wt}.
Page 1 of 6
WHEREAS,CITY will make certain improvements to water and sewer systems as shown
in Exhibit A.
WIIEREAS.both governing bodies have reviewed and approved this tntcrloeal agreement
and conditions herein.
NOW, THEREFORE. in consideration of the mutual covenants and agreements herein
contained. the undersigned Parties agree as follows:
I. TERMS AND CONDITIONS
COUNTY agrees lu make available to('rry SI,045.8.15.00 for installing a 10 inch and 15 inch
sanitary sewer line improvements and 12 inch water line improvements to serve the Wichita Falls
tau.incss lark.t See Exhibit Ai
II C'ORONAVIRUS STATE AND LOCAL 11SCA[__REC OVERY Ft'NDS ICSFRF}
COMPLIANCE.
A. The County's award of funds pursuant 1n this Agreement crmsrrtutes a suhaward of
CSFRF. CITY constitute a "pass-throtrIC entity as defined under 2 (1 R. ti 2(X),I.
13.CITY shall comply with all requirements . i t ('SERF.
C. CITY shall comply with. and assist the CC)t N I Y in complying w ith the Treasury
Guidance as it relates to transfer suh,iit aryl receipt requirements.
D. CITY shall not use, drier Ili or indirocris 11a-tnnl others to use.directly or indirectly,
grant funds for any purpose that would violate any ARM and/or Grant requirements.
including regardrrr:2 the u'e olC'SI:RI'per the federal regulations and Treasury Guidance.
and as they may he amended.
F . CITY rcptc,cnts ;and warrants that it maintains internal controls, policies. and
procedures to ensure appropriate oversight of fiscal management and physical money
handling. ineludrng. for example. for the avoidance of fraud. negligence. and
r11Isrnart&ecrrrcni I t lands.
l' C1 TY's hooks and record, as related to CSI"RF expenditure are and shall remain
a iilahle for inspection upon request and w ale reasonable notice by any authorized
agent's) of the Count the l Inrtcd States I)ep.uurient of the I rc.j,ury. and the (.nited
Sidle, lnrern.rl Re•enue tier ice. or any combination of the sarmic CITY acknowledges
receipt and review of appla.aNc Icdcr;rt ruk. and requirements as set out herein.
G. CI I Y shall maintain all records related to the funds and the use of CSFRF for no less
than seven years from the date of receipt of the funds.
Page 2 of 6
II, CITY shall be responsible for the continual review and compliance with all federal,
state and local rules,laws,statutes,ordinances and guidelines,as those federal.state and
local rules. laws, statutes, ordinances and guidelines are continually changing and being
amended and updated.
1_ CITY will maintain funds in compliance with City of Wichita Falls policy_
J.CITY may provide to the Wichita County Auditor a detailed and itemized statement of
expenditures of the funds monthly until funds are spent.
Ilil. GENERAL. PROVISIONS
A. Venue and Governing Law. The parties hereby consent and agree that state courts
located in Wichita County., texas and the l"cited States District Court for the Northern
District o+f Texas Wichita Falls, Iti%isiont c:Ich shall have personal jurisdiction and
proper venue with respect to any dispute oevAccti the parties arising in connection with
this Agreement. in any such dispute. tite parties shall not raise.and do hereby expressly
waive, any objection or defense to such jurisdiction as an inconvenient forum..
B. Dispute Rest+lull n The Parties to this Agreement will pork together in good faith to
re,cl\c• .Ifl\ c tail vets. thsrute or claim between the Parties which arises out of or
relates to this r147reeinenl v hciher sl.ltea It' ion.contract, statute, Haim for benefits,had
faith, professional ILlhllro, , r olher'ti1.ise i ('lapel i, sothltu herein is intended to
prevent either I'.rrty front any other t trlcdv available at I.,me including seeking
redress in a court ofco'nircicnt iati��li�tt,rt flit,hrrr\1,Y Il sh ill 'tii \ the termination
of this Agreement.
C. No Thine Pans Beneficiaries. 'Fins Agreemem is for the sole and (sc lusive benefit ut
the Parries hereto. and nothing in this Agreciiu ti. express or implied, is intended to
confer or shall he construed as conferring upon any other person any rights. remedies
or any other type or types of benefits.
1), Relationship of the Parties. Each I',ttF r,' this .12icelnent. in the performance of this
Agreement. shall act in an individual e.lit .it ,,Ird not as agents. employees. partners,
or associates of one another. The employee., Iii ..,vents of one Party shall not he deemed
or construed to he the employees or agents of the other Party for any purposes
whatsoever.
E. No Wai\crof ltnnntniiies. \.rehire in this A17 recinent shall he deemed to waive, modify
or emend an lcp1 LRjilahlr at law or in equity to the Parties, their past or
present ollitcr,. eitiplo er•. or anent, or employees, nor to create any legal rights or
claim on hehali ct an ' third Party. I tic Pal ties do not waive, modify. or alter to any
extent whatsoever the so,.ul,lhility tli the I_lelense of gosernruental immunity under the
laws othhe Sit of Texas .rndl rut the t Late;.! States.
Page 3 of 6
F, Non-Appropriation and Fiscal Funding. The ohligations of the Parties under this
Agreement do not constitute a general c'hl,"tlion or indebtedness of either Party for
w hich such Party is obligated to levy,ple°di :e. or collect any form of taxation.
(i N,• A enk. Relit onst:ija: It is undersi's d and agreed thh.at COUNTY shall not in any
sense he considered a partner with the Cl I . nor shall .in_1 of the Parties in.m� manner
hired themselves nut as an agent or official representative of the('Ol'NTY..
H. Entire agreement. This Agreement represents the entire and integr,ri l agreement
between the Parties and surer swiss all prior negotiations, rcpresentaticros, or
agreements, eii her •+r a1 i u r ii ten. This Agreement may he amended only by written.
instrument sieneJ h' cad' Party to this Agreement. NO OFFICIAL. EMPLOYEE,
AGEN 1 . OR RE.PRESEt7 Al lyE OF THE COUNTY HAS ANY AUTHORITY.
Ell HER EXPRESS OR IMPLIED. TO AMEND THIS AGREEMENT, EXCEPT
Pt RSl :11'I 'It.) SI'CH EXPRESS AUTHORITY AS MAY BE GRANTEE) BY
lil t i(}\'I-IZ\I\(i BODY.
I. Go, erruttental Funetion. All parties agree that this contract is one that pertains solely
h0 .r _0iernrncnt.rl hinttiori takern hti or on behalf of the CITY. All parties expressly
arrec that the (Ill 1 is noI eneJein, in any proprietary functions.
1 (. ontractual Dam.re• Lintrt,rtn,n. Neither Party shall he liable for consequential
d.rrtr.r!.tes,exemplary datielecs. 0,1 +1 rrnaees for unabsorbed home office overhead.
K. VJ`'aiv r of Attorne 's Fors. If any action at lain or in c Niuiry is nc i essary to c.nt"o+roe
this agreement, each party agrees to pay its sewn attc'rrlc:os ILes ,Ind Hil, niFt sere. to
recover its own attorney' Ices from the 0,they party. All patties un•ier,r,rndi that Texas
Local Government Code subchapter I. * :7I.I53ta1t31 prop ides that the tc,r,tl am,'rent
of movie‘ ,r%•.rnied in an adjudication brought against a r!, el nnten:.rl entity ley kac•,rch
of a contract includes attorneys' f►es. All parties expressly waive all st;ii its it ti and
other rights to recoycr attorneys' fees pursuant to f 271.153(a)[3)and all other lav,
EXECUTED TO RE EFFECTIVE this id--day of . 2021.
WICHITA CO[1NTY CITY OF WICHITA FALLS, E E•:\:14
By:—��.� ! �•- By:
V4'oxrdrow W. ' V1' Gos Jr. Stephen Santellana,Mayor
County Judge
Page 4 of 6
ATTEST: ATTEST:
A - ��
� By:
.nri Bohannon, County Clerk Mark Balthrop. Cite Clerk
Approved as to Form Approved as to Form:
B► [ By:
tchlt' County District Attorney City Attorney
(.'lvii Ivision
Page 5 of 6
Exhibit A
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—I Exhibit A
ti Watei ,S7 c-,Ailitar.• Sev,cr Plan
Wichita Falls Business Park
Wichita Falls Texas
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