Res 014-2022 Interlocal Agreement CWF and WFEDC Water & Sewer Improvements at Business Park 02/01/2022 Resolution No. 14-2022
Resolution authorizing the Mayor to execute an Interlocal Agreement
with the Wichita Falls Economic Development Corporation for
reimbursement of water and sewer improvements serving the Wichita
Falls Business Park
WHEREAS, the City of Wichita Falls 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 Wichita Falls Business Park lies entirely within Wichita Falls;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The Mayor is authorized to execute an Interlocal Agreement with the Wichita Falls
Economic Development Corporation for reimbursement of water and sewer
improvements for the Wichita Falls Business Park in the amount of$1 ,045,845.00.
PASSED AND APPROVED this the 1st day of February, 2022.
MAYOR
ATTEST:
Liqan.L
City Clerk J
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF WICHITA FALLS TEXAS AND THE WICHITA FALLS ECONOMIC
DEVELOPMENT CORPORATION FOR THE REIMBURSEMENT FOR INSTALLATION
OF SANITY SEWER LINES AND WATER LINES USING CORONAVIRUS STATE AND
LOCAL FISCAL RECOVERY FUNDS
THIS INTERLOCAL AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between the City of Wichita Falls, Texas, a home rule municipal
corporation ("CITY"), and Wichita Falls Economic Development Corporation ("WFEDC"), both
acting by and through their duly authorized representatives, according to the provisions of the
Interlocal Cooperation Act, Texas Government Code, Section 791 et seq. WFEDC and the CITY
are referred to collectively herein as the "Parties," or individually as a "Party."
WITN ESSETH:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government
Code; and,
WHEREAS, the Parties are local governments, as that term is defined in Section
791.011 of the Texas Government Code; and,
WHEREAS, on March 11, 2021, the American Rescue Plan Act (ARPA) was signed into
law by the President' and Section 9901 of ARPA amended Title VI of the Social Security Act
17 (the Act) to add section 603, which establishes the Coronavirus State and Local Fiscal
Recovery Fund. ("CSFRF) These funds are intended to provide support to State, Local, and
Tribal governments in responding to the impact of COVID-19 and in their efforts to contain
COVID- 19 on their communities, residents, and businesses; and,
WHEREAS, Wichita County previously transferred to CITY a certain amount of ARPA
funds to make necessary investments and improvements to water and sewer systems within
Wichita County; and,
WHEREAS, WFEDC made certain improvements to water and sewer systems as shown
in Exhibit A; and,
WHEREAS, CITY wishes to reimburse WFEDC for certain improvements to water and
sewer systems, as shown in Exhibit A, using ARPA funds; and,
WHEREAS, both governing bodies have reviewed and approved this interlocal
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
1 American Rescue Plan Act of 2021 (ARPA), sec. 9901,Public Law 117-2, codified at 42 U.S.C. 802 et seq.
CITY hereby agrees to issue to WFEDC an amount of $1,045,845.00 as reimbursement for
installing a 10-inch and 15-inch sanitary sewer line improvements and 12-inch water line
improvements to serve the Wichita Falls Business Park. (See Exhibit A).
II. GENERAL PROVISIONS
A. Venue and Governing Law. The parties hereby consent and agree that state courts
located in Wichita County, Texas, and the United States District Court for the
Northern District of Texas (Wichita Falls Division) each shall have personal
jurisdiction and proper venue with respect to any dispute between the parties
arising in connection with this Agreement. In any such dispute,the parties shall not
raise and do hereby expressly waive, any objection or defense to such jurisdiction
as an inconvenient forum.
B. Dispute Resolution. The Parties to this Agreement will work together in good faith
to resolve any controversy, dispute, or claim between the Parties which arises out
of or relates to this Agreement whether stated in tort, contract, statute, claim for
benefits, bad faith, professional liability or otherwise ("Claim'). Nothing herein is
intended to prevent either Party from seeking any other remedy available at law
including seeking redress in a court of competent jurisdiction. This provision shall
survive the termination of this Agreement.
C. No Third-Party Beneficiaries. This Agreement is for the sole and exclusive benefit
of the Parties hereto, and nothing in this Agreement, express or implied, is intended
to confer or shall be construed as conferring upon any other person any rights,
remedies, or any other type or types of benefits.
D. Relationship of the Parties. Each Party to this Agreement, in the performance of
this Agreement, shall act in an individual capacity and not as agents, employees,
partners, or associates of one another. The employees or agents of one Party shall
not be deemed or construed to be the employees or agents of the other Party for
any purposes whatsoever.
E. No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive,
modify or amend any legal defense available at law or in equity to the Parties, their
past or present officers, employees, or agents or employees, nor to create any legal
rights or claim on behalf of any third party. The Parties do not waive, modify, or alter
to any extent whatsoever the availability of the defense of governmental immunity
under the laws of the State of Texas and the United States.
F. Non-Appropriation and Fiscal Funding. The obligations of the Parties under this
Agreement do not constitute a general obligation or indebtedness of either Party
for which such Party is obligated to levy, pledge, or collect any form of taxation.
G. Entire Agreement. This Agreement represents the entire and integrated
agreement between the Parties and supersedes all prior negotiations,
representations, or agreements, either oral or written. This Agreement may be
amended only by written instrument signed by each Party to this Agreement.
H. Governmental Function. All parties agree that this contract is one that pertains
solely to a governmental function taken by or on behalf of the CITY. All parties
expressly agree that the CITY is not engaging in any proprietary functions.
I. Contractual Damages Limitation. Neither Party shall be liable for consequential
damages, exemplary damages, or damages for unabsorbed home office
overhead.
J. Waiver of Attorney's Fees. If any action at law or in equity is necessary to enforce
this agreement, each party agrees to pay its own attorneys' fees and will not seek
to recover its own attorneys' fees from the other party. All parties understand that
Texas Local Government Code subchapter I, § 271.153(a)(3) provides that the
total amount of money awarded in an adjudication brought against a
governmental entity for breach of a contract includes attorneys' fees. All parties
expressly waive all statutory and other rights to recover attorneys' fees pursuant
to § 271.153(a)(3) and all other law.
EXECUTED TO BE EFFECTIVE this day of , 2022.
WICHITA FALLS ECONOMIC CITY OF WICHITA FALLS,TEXAS
DEVELOPMENT CORPORATION
By: By:
Leo Lane, Chairman Stephen Santellana, Mayor
ATTEST: ATTEST:
By: By:
Marie Balthrop, City Clerk
Approved as to Form: Approved as to Form:
By: By:
City Attorney
Exhibit A
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