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Res 023-2025 MOU with Wichita Valley Water Supply Corp for New Water Main 02/18/2025 Resolution No. 23-2025 Resolution authorizing the City Manager to execute a Memorandum of Understanding with the Wichita Valley Water Supply Corporation for the construction of a new water main WHEREAS, the Wichita Valley Water Supply Corporation (WVWSC) is organized and established under provisions of the laws of the State of Texas, and is responsible for operating its own water distribution system, and providing water to retail customers within its authorized service area as described within the Contract; and, WHEREAS, the WVWSC has been a wholesale potable water customer of the City of Wichita Falls since 1991 , and wishes to expand water service within its certificate of convenience and necessity into unincorporated areas of Wichita County; and, WHEREAS, a portion of this new infrastructure described in the Memorandum of Understanding (MOU) will lie within the city limits of the City of Wichita Falls and benefit the City's water distribution system; and, WHEREAS, the City, at its sole discretion and expense, may desire to upsize a portion of this infrastructure in order to serve future development within the city limits, and the City and the WVWSC desire to commemorate an understanding between the parties as to each other's responsibilities related to the above considerations; and, WHEREAS, by resolution of the Board of Directors of WVWSC enacted on the 20th day of January 2025, it authorized the MOU; and, WHEREAS, the Council examined the proposed MOU between the City and the WVWSC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute a Memorandum of Understanding with the Wichita Valley Water Supply Corporation for the design, construction, and operation of a new water main in a form approved by the City Attorney. PASSED AND APPROVED this the 18th day of Februar 25. MAYOR ATTEST: City Clerk Page I of 4 MEMORANDUM OF UNDERSTANDING AGREEMENT PURSUANT TO THE TEXAS INTERLOCAL COOPERATION ACT CHAPTER 791 TEXAS GOVERNMENT CODE. BETWEEN THE WICHITA VALLEY WATER SUPPLY CORPORATION AND THE CITY OF WICHITA FALLS This document outlines the installation of water fine improvements and appurtenances between the Wichita Valley Water Supply Corporation (WVWSC)and the City of Wichita Falls (CWF). WHEREAS, Wichita Valley Water Supply Corporation (WVWSC) is a non-profit, member-owned, board-controlled ad valorem and tax-exempt IRS section 501(c)(12) designated entity pursuant to the Texas utility code chapter 186.002 Texas water code chapter 67 and other applicable authority and article XVI, chapter 59 of the Texas constitution hereinafter referred to as WVWSC corporation organized under Chapter 67 of the Texas Water Code, responsible for providing safe and reliable potable water to its service area as defined by its Certificate of Convenience and Necessity(CCN #10268), and the City of Wichita Falls (CWF) is a municipal government entity tasked with overseeing public infrastructure and services, including water distribution within its city limits; and, WHEREAS, pursuant to Chapter 791 of the Texas Local Government Code, WVWSC and CWF are authorized to enter into interlocal contracts to promote efficiency and effectiveness in the use of their respective resources and to achieve their common goal of providing reliable public services;and, WHEREAS, WVWSC is utilizing ARPA funds for a project creating a new water distribution system extension; and, WHEREAS, WVWSC wishes to install an 8-inch (base bid) water line beginning near 7352 Northwest Freeway, Wichita Falls, Texas, and run continuously to the intersection of Rogers Rd. and FM 369 for the purpose of purchasing potable water from CWF; and, WHEREAS, installing the water line will increase access and water pressure along FM 369 to help improve the already existing (CWF) water system, and provide water service to the Northwest portion of the City of Wichita Falls; and, WHEREAS, CWF may desire to upsize from an 8-inch water line to a 12-inch water lin efo r 3,699 feet along Northwest Freeway and FM 369 between Stations -3+39 to 33+60, and, WHEREAS, based on the final bid prices, the CWF may, at its sole discretion, choose whether to pay the additional costs for upgrading an 8-inch water line to a 12- inch water line. The Wichita Valley Water Supply Corporation (WVWSC)will provide the bid proposal form from the contractor to be awarded by WVWSC, allowing CWF to review and determine if CWF will choose to upsize the water line to 12 inches and cover the additional costs,as described below in paragraph 1-7;and, MOIL—City of Wichita Falls—Wichita Valley Water Supply Corporation—2025 Water Line Extension Page 2 of 4 NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein,the parties hereby agree as follows: I. WVWSC Duties 1) WVWSC shall be responsible for bidding an 8-inch water line(base bid)and a 12-inch water line(alternate bid)to determine the upsizing cost to CWF between Station -3+39 to 33+60 as depicted in the attached map, Exhibit A. 2) WVWSC shall submit to CWF the linear foot bid pricing difference between installing an 8-inch water line and a 12-inch waterline. 3) WVWSC shall complete the installation and testing of the water line to run from Station -3+39 to Station 40+50 depicted in the attached map depicting the project area, Exhibit A, along Northwest Freeway and FM 369 to the standards found in the January 2025 Wichita Valley Water Supply Corporation Water Distribution System Improvements plan sets and in compliance with 30 TAC Chapter 290 standards. 4) WVWSC shall install, test, and pay for at least two fire hydrants (base bid) as necessary for flushing and air release purposes at approximately Stations 19+00 and 33+60, as depicted in the attached map, Exhibit A,to be included herewith. 5) WVWSC shall obtain 20-foot wide easements from private property owners adjacent to TxDOT FM 369 R.O.W.for the waterline as depicted in the attached map,Exhibit A, and have the easements surveyed and recorded. 6) WVWSC shall,within their easement,install and maintain a meter and vault containing WVWSC's meter that is compatible with the CWF's advanced metering infrastructure (AMI). 7) WVWSC shall reimburse the CWF for the cost of the supplied meter, and WVWSC shall be responsible for the maintenance and calibration (not more than 2% above or below the rated capacity). II. CWF Duties 1) CWF shall inspect and approve the installation of the waterline from Station -3+39 to Station 40+50 (joint inspection). MOU -City of Wichita Falls —Wichita Valley Water Supply Corporation—2025 Water Line Extension Page 3 of 4 2) If decided at its sole discretion and approved, CWF shall be responsible to reimburse WVWSC for the cost difference of any upsizing an 8-inch water line to a 12-inch waterline from Station -3+39 to Station 33+60 based upon the linear foot bid pricing submitted by WVWSC. 3) CWF shall reimburse WVWSC for the cost, based upon unit bid pricing, of up to 3 (three) fire hydrants necessary to maintain a maximum fire hydrant spacing of 1,000 feet along Northwest Freeway and FM 369. 4) CWF shall provide the meter to WVWSC to be installed at the location depicted in the attached map,ExhibitA. 5) Upon final acceptance, CWF will take ownership of the water line, appurtenances, and associated easements within the CWF corporate limits as CWF property and maintain said line from Station -3+39 to Station 40+50 as depicted in the attached map,Exhibit A. 6) Upon final acceptance, CWF will reimburse WVWSC for items as described above in 11-2 and 11-3 and will provide a recordable conveyance describing the transaction. 7) ExhibitA is attached hereto as part of the contract. Signatures to follow MOU—City of Wichita Falls—Wichita Valley Water Supply Corporation—2025 Water Line Extension Page 4 of 4 Executed as reflected on this document by each party. Effective upon the date of execution of the second party; Executed by WVWSC Upon motion made by 9 Seconded by with NO/tip', absent, A/0*C. v ,abstaining this memorandum of understanding was approved with 7 Aye,and a Nay this day of awtoary . .v79\ ,2025 City of Wichita Falls Wichita Valley Water Supply Corporation By: By: alzrzly—d„ "e'er City Manager General Manager Attest: By: City Clerk Approved to form: By: City Attorney MQU-City of Wichita Falls —Wichita Valley Water Supply Corporation—2025 Water Line Extension MATCH TO ABOVE®STA 13+00 3 1 I I __ 1-1_ e I I a I I __ Cj Y� _ 1 , `� mres xo I II = (7,4---_ a> _—__- raenos __�}__IJI- _ 12 I .. lA 1 i a r. II .. 4 ® n a 1 A I I i o s I= . 2,W'4 zE mI al i o-e a7 1 A gi. 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