Res 142-98 9/15/1998RESOLUTION NO.
RESOLUTION APPROVING RENEWAL AND EXTENSION OF CONTRACT
FOR OPERATION AND MAINTENANCE OF JOINTLY OWNED LAKE AND
CANAL SYSTEMS BY THE CITY OF WICHITA FALLS AND WICHITA COUNTY
WATER IMPROVEMENT DISTRICT NO. 2; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls has previously entered into an agreement
with the Wichita County Water Improvement District No. 2 for operation and
maintenance of Lake Kemp, the Diversion Reservoir, main canals, laterals and other
facilities used in connection therewith; and
WHEREAS, the City of Wichita Falls and the Wichita County Water Improvement
District No. 2 are willing to extend the terms and conditions of the contract dated
October 1, 1993 for an additional five -year term commencing on September 30, 1998.;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The renewal and extension of the contract for operation and
maintenance of jointly owned lake and canal systems by the City of Wichita Falls and
Wichita County Water Improvement District No. 2 is hereby approved.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law
PASSED AND APPROVED this the 15th day of September, 1998.
ATTEST:
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA
RENEWAL AND EXTENSION OF CONTRACT FOR OPERATION
AND MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL
SYSTEMS BY CITY OF WICHITA FALLS AND WICHITA COUNTY
WATER IMPROVEMENT DISTRICT NO. 2
WHEREAS, the City of Wichita Falls, Texas, and the Wichita County Water
Improvement District Number 2 entered into a "CONTRACT FOR OPERATION AND
MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL SYSTEMS" on the 1st day
of October 1993 which contract will expire according to its terms on the 30th day of
September, 1998 and;
WHEREAS, the parties to said contract desire to continue the operation and
maintenance of the jointly owned lake and canal systems under the same terms and
conditions as contained in the aforementioned contract;
NOW THEREFORE for and in consideration of the mutual benefits to be derived
from the execution of this agreement by the parties hereto, it is hereby agreed by and
between the parties that the "CONTRACT FOR OPERATION AND MAINTENANCE OF
JOINTLY OWNED LAKE AND CANAL SYSTEMS BY CITY OF WICHITA FALLS AND
WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2" which agreement is
marked exhibit "A" attached hereto and made a part hereof for all intents and purposes
shall be renewed under the same terms and conditions for an additional five year period
to commence on October 1, 1998. The payments provided for in paragraph 6 of Exhibit
"A" shall continue in the same amount and on the same day of each month during the
term of this agreement.
Executed this 3n day of September, 1998 in duplicate originals at Wichita
Falls, Texas.
CITY OF 1NICHITA FALLS; EXAS
BY.' �' j
WICHITA COUNTY WAT R
IMPROVE ENT DISTRICT NO. 2
BY:
STATE OF TEXAS
COUNTY OF WICHITA
RENEWAL AND EXTENSION OF CONTRACT FOR OPERATION
AND MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL
SYSTEMS BY CITY OF WICHITA FALLS AND WICHITA COUNTY
WATER IMPROVEMENT DISTRICT NO. 2
WHEREAS, the City of Wichita Falls, Texas, and the Wichita County Water
Improvement District Number 2 entered into a "CONTRACT FOR OPERATION AND
MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL SYSTEMS" on the 1st day
of October 1993 which contract will expire according to its terms on the 30th day of
September, 1998 and;
WHEREAS, the parties to said contract desire to continue the operation and
maintenance of the jointly owned lake and canal systems under the same terms and
conditions as contained in the aforementioned contract;
NOW THEREFORE for and in consideration of the mutual benefits to be derived
from the execution of this agreement by the parties hereto, it is hereby agreed by and
between the parties that the "CONTRACT FOR OPERATION AND MAINTENANCE OF
JOINTLY OWNED LAKE AND CANAL SYSTEMS BY CITY OF WICHITA FALLS AND
WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2" which agreement is
marked exhibit "A" attached hereto and made a part hereof for all intents and purposes
shall be renewed under the same terms and conditions for an additional five year period
to commence on October 1, 1998. The payments provided for in paragraph 6 of Exhibit
"A" shall continue in the same amount and on the same day of each month during the
term of this agreement.
Executed this day of September, 1998 in duplicate originals at Wichita
Falls, Texas.
y
FALLS, EXAS
WAT R
STRICT NO. 2
12/9/88
Exhibit A
December 20, 1988
1
THE STATE OF TEXAS
COUNTY OF WICHITA
CONTRACT FOR OPERATTnrr Am,
This agreement made and entered into by and between the city
Of Wichita Falls, Texas,
hereinafter called "City ", and Wichita
County Water Improvement District No. 2, hereinafter called
"District ", both being municipal and political corporations an
subdivisions of the State of Texas, each acting herein b d
through its respective officers hereunto duly author y and
ized,
WITNESSETH:
WHEREAS, City and District, who are the joint owners of Lake
Kemp, the Diversion Reservoir, main canals, laterals, and other
facilities used in connection therewith, make and enter into this
agreement for the maintenance and operation thereof for the
mutual benefits to be derived therefrom by each of these
contracting parties, and for the consideration hereinafter set
out, the covenants and agreements to be paid, kept and performed
it is agreed by the parties as follows:
1• Notwithstanding anything herein contained, it is agreed
that no construction or interpretation of any of the to g d '
terms of
PAGE 4 OF 10 PAGES
AGENDA ITEM NO. 10.0
2
this agreement shall be construed to alter, change or modify the
ownership of the jointly owned facilities including the ownership
of or rights to the use of the waters in Lake Kemp and the
Diversion Reservoir, but that such ownership shall remain the
same as set out in a certain agreement made and entered into by
and between Wichita County Water Improvement District No. 1 and
Wichita County Water Improvement District No. 2 dated April 4,
1923. As established by that agreement, City owns an undivided
66.11% interest in said facilities, and District owns 33.890
interest.
2. As provided in the said contract dated April 4, 1923,
District shall have the full use of sufficient water for the
irrigation of lands in said District. City shall have the full
use of sufficient water required by it for municipal purposes.
City shall have and retain the right to the prior use of the
water of said entire system to the extent of a supply of water
sufficient for the uses of the City, not to exceed a reserve
supply of 50,000 acre feet of stored water, so that if at any
time the supply of water available to said system in the
reservoirs should be used to the extent that only that amount of
water is available or in storage, then same shall be reserved for
the uses of said City. If the storage reservoir is at any time
emptied then all waters in the Diversion Reservoir shall be
reserved for the use of the City.
PAGE 5 OF 10 PAGES
AGENDA ITEM NO. 10.0
3
3. Except as set out in the two paragraphs immediately
preceding, this agreement is made and entered into in lieu of and
instead of any and all contracts and agreements which may have
heretofore been made and entered into by City and District or
District and Wichita County Water Improvement District No. 1.
4. As a part of the consideration for this contract,
District shall have full and complete control of all the
operations of said jointly owned facilities, to the complete
exclusion of City, except as provided herein. It is understood
and agreed that District shall, when requested by City, release
so much water as is required by City for its purposes.
5. The term of this agreement shall be a period of five
(5) years from October 1, 1988.
6. Further, as a part of the consideration for this
agreement, City shall pay to District $157,500.00 per year for
each year of the contract. Such payments shall be made in
monthly installments of $13,125.00 each; the first such monthly
installment shall be paid on or before October 15, 1988, and a
like monthly installment shall be paid on or before the 15th day
of each month thereafter during the term of this agreement.
7. In addition to all other consideration herein agreed
upon, City and District with the United States Army Corps of
Engineers shall annually agree to and implement a maintenance and
operation plan and proposed budget for Lake Kemp separately from
the operation and maintenance activities and division of costs as
PAGE 6 OF 10 PAGES
AGENDA ITEM NO. l O.0
Y
i
FA
4
covered by this agreement. It is mutually agreed and understood
that costs to implement the Lake Kemp operation and maintenance
plan shall be borne as follows: Corps of Engineers shall bear
51.60 of the total cost, District shall bear 66.11% of the
remaining local share of 48.4 %, and City shall bear 33.89% of the
remaining local share of 48.4 %. District shall invoice, with
back -up material, City and Corps of Engineers monthly for the
Lake Kemp operation and maintenance costs.
8. Any expense of unforeseen and emergency repairs to Lake
Kemp, the Diversion Reservoir and the main canals occasioned by
an act or acts of God, as that term is usually defined, in
addition to all other consideration herein agreed upon, shall be
borne by both parties in proportion to their joint ownership
therein; that is, City shall bear 66.11% and District shall bear
33.89 %. Before such repairs provided for in this paragraph are
made, they shall be approved by both City and District.
9. The proceeds of the sale of water shall be collected by
District and shared equally by City and District, accounting and
distribution thereof to be made quarterly, providing that any
water sales contracts shall be mutually agreed upon by District
and City before the same shall be binding.
10. District shall, during the term of this agreement, keep
its accounting records to 'conform to the fiscal year of City and
such records shall be open for inspection by City at all times.
Such records shall continue the chart of accounts as now used.
PAGE 7 OF 10 PAGES
AGENDA ITEM NO. 1 0.0
5
There shall be made annually an outside audit by an auditor
acceptable to both City and District, and a copy of such audit
shall be submitted to City within ninety (90) days after the
close of District's fiscal year.
11. If either party hereto shall become dissatisfied with
the terms of this agreement, excluding that part of this
agreement contained in paragraph 1 hereof, then in such event,
such dissatisfied party shall, only during the fifth year of the
term of this agreement and on or prior to six months preceding
the termination date, notify the other party in writing setting
forth specifically its grounds therefor, immediately following :
which the parties shall attempt to renegotiate this contract by ;
mutual agreement. If on or prior to four months of the ,,-
expiration of the five year term the parties are unable to agree
upon a renegotiation, or having failed or neglected to agree upon
a renegotiation, the matter or point of disagreement shall be
submitted to a Board of Arbitration in the manner provided by
law, such Board consisting of the City Manager of City, the
General Manager of District, and a third disinterested and "
unbiased person selected by a majority of the district
judges of '
Wichita County, Texas. The decision or renegotiation of this
contract by such Board shall be final and binding upon the
parties hereto unless the 'substantive legal rights of either
party are violated.
PAGE 8 OF 10 PAGES
AGENDA ITEM NO. 1 0.0 .
r.
12. City and District jointly owning the facilities,
anticipating their continued ownership perpetually in themselves,
their successors or assigns, recognize their ownership
responsibility one to the other, and by this and the immediately
preceding paragraph, it is meant that this ownership
responsibility shall not cease or fail but that during such joint
ownership of such facilities there shall exist an operation
agreement between the parties hereto reached by mutual agreement
or arbitration as the case may be.
13. The District has occupied office space in City -owned
structures for many years. The City will, during the term of
this agreement, authorize the District to occupy office space at
402 East Scott. There will be no charge to the District for such
office space, but the District will in turn, and as
consideration, not levy any taxes against the City for City -owned
property within the District during the term of this agreement
and for all previous years in which the District has occupied
City -owned office space. The City, after reasonable notice to
the District, shall be allowed to furnish comparable facilities
mutually agreeable to both parties at a different location if
City needs this space for other City purposes, or if City
disposes of such property. Such comparable facilities shall be
furnished under the same terms and conditions set forth above.
PAGE 9 OF 10 PAGES
AGENDA ITEM NO. 1 0.0
IN WITNESS WHEREOF, the parties have caused this agreement
to be executed by their duly authorized officers on this the 20th
day of December, 1988.
By:
ATTEST:
AK
-.'ZZj'6 - --Z
City Cletk
By:
ATTEST:
Secretary, Board of
Directors
CI W CHITA FALLS, TEXAS
Cit anager
WICHITA COUNTY WATER IMPROVEMENT
DISTRICT NO. 2
_ I
President, Board, of Directors
RESOLUTION NO. \ -G
RESOLUTION APPROVING RENEWAL AND EXTENSION OF CONTRACT
FOR OPERATION AND MAINTENANCE OF JOINTLY OWNED LAKE AND
CANAL SYSTEMS BY THE CITY OF WICHITA FALLS AND WICHITA COUNTY
WATER IMPROVEMENT DISTRICT NO. 2; DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls has previously entered into an agreement
with the Wichita County Water Improvement District No. 2 for operation and
maintenance of Lake Kemp, the Diversion Reservoir, main canals, laterals and other
facilities used in connection therewith; and
WHEREAS, the City of Wichita Falls and the Wichita County Water Improvement
District No. 2 are willing to extend the terms and conditions of the contract dated
October 1, 1993 for an additional five -year term commencing on September 30, 1998.;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The renewal and extension of the contract for operation and
maintenance of jointly owned lake and canal systems by the City of Wichita Falls and
Wichita County Water Improvement District No. 2 is hereby approved.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law
PASSED AND APPROVED this the 15th day of September, 1998.
ATTEST:
City Clerk
AYOR
STATE OF TEXAS
COUNTY OF WICHITA
RENEWAL AND EXTENSION OF CONTRACT FOR OPERATION
AND MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL
SYSTEMS BY CITY OF WICHITA FALLS AND WICHITA COUNTY
WATER IMPROVEMENT DISTRICT NO. 2
WHEREAS, the City of Wichita Falls, Texas, and the Wichita County Water
Improvement District Number 2 entered into a "CONTRACT FOR OPERATION AND
MAINTENANCE OF JOINTLY OWNED LAKE AND CANAL SYSTEMS" on the 1st day
of October 1993 which contract will expire according to its terms on the 30th day of
September, 1998 and;
WHEREAS, the parties to said contract desire to continue the operation and
maintenance of the jointly owned lake and canal systems under the same terms and
conditions as contained in the aforementioned contract;
NOW THEREFORE for and in consideration of the mutual benefits to be derived
from the execution of this agreement by the parties hereto, it is hereby agreed by and
between the parties that the "CONTRACT FOR OPERATION AND MAINTENANCE OF
JOINTLY OWNED LAKE AND CANAL SYSTEMS BY CITY OF WICHITA FALLS AND
WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2" which agreement is
marked exhibit "A" attached hereto and made a part hereof for all intents and purposes
shall be renewed under the same terms and conditions for an additional five year period
to commence on October 1, 1998. The payments provided for in paragraph 6 of Exhibit
"A" shall continue in the same amount and on the same day of each month during the
term of this agreement.
Executed this day of September, 1998 in duplicate originals at Wichita
Falls, Texas.
a
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JJ
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CITY OFWICHITA FALLS, TEXAS
$Y.._ G �.
WICHITA COUNTY WATER
IMPROVEMENT DISTRICT NO. 2