Res 119-2013 11/5/2013 RESOLUTION NO. 119-2013
Resolution Authorizing The City Manager To Execute An Interlocal
Cooperation Agreement Between The City Of Wichita Falls And
Lakeside City For The Management Of Private Use Of Bed Of Lake
Wichita; Adopting Relevant Fees, And Repealing The Encroachment
Policy Regarding The Boundary Of Lake Wichita And Adjacent
Surrounding Property Owned By The City Of Wichita Falls
WHEREAS, the City of Wichita Falls is the owner in fee simple of property in the
lakebed of Lake Wichita, in Wichita and Archer Counties, Texas, circumscribed by the
water line of said lake when level with the top of the eastern (old) spillway at an
elevation of 980.7 feet above sea level; and
WHEREAS, City of Wichita Falls-owned property borders the northern city limits
of Lakeside City at a line that is level with the top of the eastern (old) spillway at an
elevation of 980.7 feet above sea level ("980.7' elevation line");and
WHEREAS, Lakeside City has agreed to administer piers, docks, boathouses,
and crappie houses ("over-water structures") that extend from property owned by
Lakeside City citizens onto the property owned by the City of Wichita Falls in the Lake
Wichita lakebed lower than the 980.7' elevation line; and
WHEREAS, the City of Wichita Falls does not desire to amend or modify the
agreement executed on July 18, 1981 that apportioned the extraterritorial jurisdiction of
the City of Wichita Falls and Lakeside City at the 980.7' elevation line in Archer County,
and the validity and applicability of that 980.7' elevation line is re-affirmed; and
WHEREAS, the Texas Interlocal Cooperation Act (Texas Government Code,
Chapter 791) authorizes units of local government to contract with one or more units of
local government to perform governmental functions and services, and the City of
Wichita Falls finds, in accordance with Texas Gov't Code § 791.023(d) that:
(1) the attached contract was authorized by the governing body,
(2) the attached contract states the purpose, terms, rights, and duties of
the contracting parties, and
(3) each party paying for the performance of governmental functions or
services must make those payments from current revenues available to
the paying party.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The City Manager is authorized to execute the attached Interlocal Cooperation
Agreement between the City of Wichita Falls and Lakeside City for the
Management of Private use of Bed of Lake Wichita with changes as are
approved by the City Attorney.
2. A fee of $25.00 for the permitting/application of property described in said
agreement is adopted by the City, subject to waiver by the City of Lakeside City
for structures that predate the agreement. Lakeside City is authorized to adopt
and charge reasonable inspection fees in amounts it determines are necessary
to properly compensate it for inspection of applicable structures.
3. The Encroachment Policy adopted via Resolution 60-2010 on May 4, 2010,
regarding the Boundary of Lake Wichita and Adjacent Surrounding Property
owned by the City of Wichita Falls, is repealed.
PASSED AND APPROVED this the 5th day of November, 2013.
69.4,�
�..•
MAYOR
ATTEST:
City Cfi rk
Interlocal Cooperation Agreement between
the City of Wichita Falls and Lakeside City for the Management of
Private use of Bed of Lake Wichita
This Agreement("Agreement")entered into by and between the City of Wichita Falls,Texas
("CWF"), a Texas municipal corporation, and Lakeside City, a Texas municipal corporation
("Lakeside City").
WHEREAS, CWF and Lakeside City desire to maximize the responsiveness and inclusion
of their government services;
WHEREAS,CWF is the owner in fee simple of property in the lakebed of Lake Wichita,in
Wichita and Archer Counties, Texas, circumscribed by the water line of said lake when level with
the top of the eastern(old)spillway at an elevation of 980.7 feet above sea level;
WHEREAS,CWF-owned property borders the northern city limits of Lakeside City at a line
that-is level with the top of the eastern(old) spillway at an elevation of 980.7 feet above sea level
("980.7'elevation line");
WHEREAS, for purposes of this Agreement, the 980.7' elevation line shall be the 980.7
elevation line as was determined by digital orthophotography in 2009, as depicted on the attached
Aerial Photographs(consisting of pages)from 2013;
WHEREAS, Lakeside City has agreed to administer piers, docks, boathouses, and crappic
houses ("over-water structures") that extend from property owned by its citizens onto the property
owned by the City of Wichita Falls(CWF-owned property) in the Lake Wichita lakebed lower than
the 980.7'elevation line;
WHEREAS, the parties do not desire to amend or modify the agreement executed on July
18, 1981 that apportioned the extraterritorial jurisdiction of CWF and Lakeside City at the 980.7'
elevation line,and the parties re-affirm the validity and applicability of that 980.7'elevation line;
WHEREAS, in furtherance of the foregoing, both parties agree that all statements, recitals
and agreements set forth in this Agreement are for purposes of this Agreement only and shall not be
construed as an admission by either party for any matter other than the performance of this
Agreement;
WHEREAS, the Texas Interlocal Cooperation Act(Texas Government Code, Chapter 791)
authorizes units of local government to contract with one or more units of local government to
perform governmental functions and services;
WHEREAS,both parties find, in accordance with Texas Gov't Code §791.023(d)that:
(1)this contract was authorized by the governing body of each party thereto,
(2)this contract states the purpose,terms,rights,and duties of the contracting parties;
and
(3)each party paying for the performance of governmental functions or services must
make those payments from current revenues available to the paying party.
Page 1 of 11
NOW, THEREFORE, in consideration of the terms and conditions contained herein and
other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties agree as follows:
1.Term: The term of this Agreement shall be for one year beginning on the last date all parties have
executed this Agreement ("Effective Date") and shall automatically renew annually on the
anniversary of the Effective Date for additional one-year terms unless either party gives written
notice of termination at least 30 calendar days prior to the expiration of the then-current term. After
the initial one-year term, either party may terminate this Agreement at any time on at least 30 days'
advance written notice to the other party.
2.Lakeside City Duties: Lakeside City:
a. shall administer and annually inspect over-water strictures that extend from Lakeside City
into the Lake Wichita lake bed beyond the 980.7' elevation line, utilizing the attached
Annual Inspection Worksheet, and shall annually remit a copy of a signed Annual
Inspection Worksheet for each property to the CWF,
b, may establish, collect, and retain an annual inspection fee for over-water structures of its
citizens that are on CWF-awned property below the 980.7' elevation line,
c. shall make a reasonable effort to obtain License Agreements (hereinafter defined) from
each of its residents with over-water structures and pre-existing Land Structures(hereinafter
defined), if any, that extend from Lakeside City into the Lake Wichita lake bed below the
980.7' elevation line and remit said License Agreements to the CWF within 120 days after
the date of this Agreement,
d. shall use reasonable efforts to collect the initial permitting/application fee (if applicable)
established by the CWF pursuant Section 3.e of this Agreement and shall remit all collected
fees to CWF for over-water structures of its citizens that are on CWF-owned property below
the 980.7' elevation line,but may waive the initial permitting/application fee for over-water
structures that predate this Agreement,
e.may remove unpermitted structures and abandoned structures,debris,hazardous materials,
or other items located on lake Wichita lake bed adjacent to Lakeside City below the 980.7'
elevation line,
f. may execute License Agreements, in a form to be approved by CWF, for Land Structures
that predate this Agreement, subject to payment of a $25.00 initial permitting fee to be
remitted to CWF with said License Agreements,
g. shall not authorize the removal and/or placement of soil from/on CWF-owned property
below the 980.7 elevation line,
h. shall not authorize the placement or maintenance of fences on CWF-owned property
below the 980.7 elevation line,
i. shall not permit or authorize new private uses on CWF-owned property that are not over-
Page 2 of 11
water structures(i.e. new Land Structures shall not be permitted),
J. may authorize new over-water structures beyond the NOT elevation line, shall collect
initial fees established by the CWF pursuant to subsection 2.d., and shall remit License
Agreements and fees to the CWF for said over-water structures to the CWF within 30 days
after obtaining said License Agreements,as long as the new over-water structures:
(1) comply with the latest published edition of the International Building Code and
International Electrical Code,
(2) do not extend more than 60 feet into the Lake Wichita lake bed past the 980T
elevation line without the written approval of the CWF City Manager and officials of
Lakeside City acting pursuant to this Agreement,and
(3)comply with the terms of the Annual Inspection Worksheet,and
k. shall consider any over-water structure on CWF-owned property that is more than 50%
repaired or replaced to be a new over-water structure on CWF-owned property,subject to the
guidelines of new over-water structures described herein,and
1. shall provide notices to persons inquiring about the construction or emplacement of
structures with Lakeside City officers and employees, as provided by CWF, that warn said
persons of the need for agreements prior to construction on CWF property.
in. As used in this Agreement:
(1)the term"Land Structures"shall mean garages,storage buildings, storm shelters,
gazebos, other buildings, or septic systems that are typically affixed to, or placed on, land
and not installed above the ground or water on piers.
(2) the term "License Agreements" shall mean a written agreement between a
particular property owner and the CWF relating to use of CWF-owned property by such
property owner.
3. CWF Duties:CWF:
a. will inform Lakeside City of the locations of suspected over-water structures onto its
property.An Aerial Photograph of these over-water structures is attached to this document,
b. will allow Lakeside City to retain the inspection fee applicable on each over-water
structure on CWF property,
c. will waive the initial permitting/application fee for over-water structures that predate this
Agreement,
d.will allow Lakeside City to cntcr CWF-owned property in the Lake Wichita lakebed and
remove over-water structures thereon,
Page 3 of 11
e. initially establishes the permitting/application fee for over-water structures at $25.00, but
may increase this fee by resolution of CWF and informing Lakeside City of the new fee,and
f. will allow residents of Lakeside City to enter CWF-owned property in the Lake Wichita
lakebed and remove trash,debris,brush,and weeds therefrom.
4. Notice: All notices required or permitted by this Agreement shall be in writing and be deemed
received when deposited in the United States mail, postage prepaid, addressed to the following or
such other person or address as the parties may designate in writing or by hand delivery or facsimile
transmission to the address set forth below:
If intended for the CWF: Property Administrator
City of Wichita Falls
P.O.Box 1431
1300 7th Street,
Wichita Falls,Texas 76307
If intended for Lakeside City: City Administrator
City of Lakeside City
P.O. Box 4287
Wichita Falls,Texas 76308
(47 Donna Street,Lakeside City,Texas 76308)
5, Liability: Neither party to this Agreement shall be liable for the acts or omissions of the other
party or any agent or servant of the other party. This Agreement does not apportion liability to
Lakeside City for any actions of any CWF agents or employees. This Agreement does not apportion
liability to CWF for any actions of any Lakeside City agents or employees. This Agreement waives
neither Lakeside City nor CWF's governmental immunity to any degree.
6.Attomey's Fees. If any action at law or in equity is necessary to enforce this Agreement, each
party agrees to pay its own attorney fees and will not seek to recover its attorney fees from the other
ply.
7. Amendment: This Agreement may be amended by the mutual agreement of the parties in writing
and attached to and incorporated in this Agreement.
8. Dispute Procedures: The validity of the Agreement and any of its terms or provisions,as well as
the rights and duties of the parties,shall be governed by the laws of the State of Texas.Neither party
may file a lawsuit involving this Agreement unless said party has notified the other party of a claim
in writing at least 90 days before the filing of such action. In the event of a claim, the parties agree
to participate in at least 4 hours of mediation and supply each other with a list of at least three
attorneys without preexisting business relationships with either party who provide mediation
services. The parties agree to share equally in the costs of mediation. In the event of a claim, the
other party may immediately terminate this Agreement without penalty or damages.
9. Enforceability: In the event that one or more of the provisions contained in this Agreement shall,
Page 4 of 11
I
for any reason, be held to be invalid, illegal, or unenforceable, in any respect, such invalidity,
illegality, or unenforceability shall not affect other provisions, and the Agreement shall be construed
as if such invalid, illegal, or unenforceable provision had never been contained in it.
10. Headings: Paragraph headings are for convenience only and are not intended to expand or
restrict the scope or substance of the provisions of this Agreement.
11. No Third Party Beneficiaries: Nothing herein shall be construed to give any rights or benefits to
anyone other than the CWF and Lakeside City. Failure to comply with any of the provisions of this
Agreement shall not invalidate any action taken pursuant to this Agreement or grant any rights to
any person suspected or charged with a crime.
12. Authorization: By executing this Agreement, each party represents that they have full capacity
and authority to grant all rights and assume all obligations that they have granted and assumed under
this Agreement, and that this Agreement has been authorized by the governing body of the
respective party.
13. Counterpart: This Agreement may be executed in any number of counterparts, each of which
shall be deemed an original and constitute the same instrument.
14. Limitations: Both parties acknowledge that this Agreement shall not supersede or invalidate
existing deeds or property ownership rights or infringe upon CWF's right to flood and/or use the
lakebed as described in its fee simple ownership title of Lake Wichita. This Agreement shall not
prohibit Lakeside City or CWF from independently seeking grants or obtaining/providing financial
assistance that will benefit Lake Wichita.
EXECUTED this I S day of O(.-kbe,2 , 2013.
City ichita its n City of Lakeside City
Darron Leiker;CWF M ager Cise:11,\."6-1—tel
, or of LaN•%%1 ii
(seal) y ,,, ..
ATTEST: A TEST: 7•eiti 1 i
r'XAS
� �4�
racy-Noir, CWF Clerk Amy,L. Alderson, City Clerk
Page 5 of 11
APPROVED AS TO FORM:
XX.
Miles Risley, CWF Attorney Jay Can�l'City Attorney
Page 6 of 11
Annual Inspection Worksheet
Over-water structure does not contain any hazardous conditions, including, but not limited to, rotted
construction materials, tires, rubbish and trash, fences extending below the spillway elevation, or obstructions
protruding through the water or on the shoreline.
Over-water structure does not contain missing slats,tripping hazards,missing railing,or other obvious dangers.
No living quarters,kitchens,toilet facilities,or walls are allowed in or on the over-water structure
The over-water structure does not interfere with normal boat traffic nor impede public access below the
spillway elevation.
All exposed materials have a protective coating. This coating shall not have any leaching capabilities and will
not contain any herbicides,insecticides,or lead.
If the structure is to be equipped with electricity,wires are not exposed,submerged or otherwise installed in a
manner that presents a potential danger of electrical shock.
Buoyancy for all floating structures is in serviceable condition and is not a flotation material that is prohibited
in Texas waterways. Steel barrels may not be used as flotation material. Busted, rotten, and/or unprotected building
materials may not be used as flotation materials.
Light reflectors or reflective pressure sensitive tape is installed on both sides of piers at no greater than 20-foot
intervals and is at a height no greater than 982'above sea level and no less than 976' above sea level. Reflectors shall
not be less than 2"in diameter. Reflectors shall have the ability to be visible up to 800 feet away. Reflective pressure
sensitive sheeting will be High Intensity Sheeting such as Diamond Grade or Prismatic(minimum luminance will be 80
ed/m'or visible up to 800 feet away). A pier located in a bay or cove area, may have reflectors installed solely on the
end of the pier. Docks will have two reflectors on each corner on the waterside and each outside comer of the walkway
side. If the dock is 20 feet or greater in length or width an additional reflector in the center of each side is required,(the
Permit Plate will not be used as a reflector). The shape and color of the reflector of reflective tape will not duplicate any
markers commonly used on inland waters or for channel navigation or buoy markings(i_e. green squares,green and red
squares,red triangles,red and green triangles,red circle with white centers).
Docks/Slips may include an elevated horizontal sun deck not exceeding the dimensions of the boat dock/slip
with the space below the sun deck being kept entirely open and clear except for columns or other structural members as
may be necessary to support the sun deck. The sun deck will include guardrails as provided for in the Intemational
Building Code. Stairs,ladders,and railings will be constructed as provided for in the International Building Code.
Page 7 of 11
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