Res 106-92 7/7/1992 RESOLUTION NO.
RESOLUTION AUTHORIZING THE MAYOR TO SIGN A
LETTER OF INTENT TO THE CORPS OF ENGINEERS,
PLUM CREEK FEASIBILITY STUDY
WHEREAS, the City of Wichita Falls entered an Agreement with
the United States of America for the Plum Creek Flood Protection
Study: and,
WHEREAS, the actual work is nearing completion and needs a
Letter of Intent to be attached for the final report and approval
by the Corps of Engineers;
WHEREAS, City staff recommends the Letter of Intent to be
signed by the Mayor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The Council authorizes the Mayor to sign the attached Letter
of Intent to the U.S. Army Corps of Engineers.
PASSED AND APPROVED THIS THE 7t. --•a of Ju • •-
40111mr
MA OR
ATTEST:
1C TY CLERK
Wichita
TEXAS
July 7, 1992
Colonel F. Lee Smith, District Engineer
Tulsa District, Corps of Engineers
P.O. Box 61
Tulsa, OK 74121-0061
Dear Sir:
The City of Wichita Falls, Texas after consultation with
representatives of the residents of the affected area of Plum
Creek vicinity and in accordance with your request of a letter of
intent, state: That the City of Wichita Falls shall have no
obligation to incur any cost of liability with regards to this
project until such time that a written agreement may be entered
into. The City of Wichita Falls shall have no obligation to
enter into a written agreement unless the City in its sole
discretion decides that it has sufficient public funds available
to fund its share of the project. Subject to the same conditions
and prior to project construction, the City of Wichita Falls
understands that it must enter into a Local Cooperation Agreement
as local sponsor to: -
a. Subject to the non-Federal cost limit of 25% of the
total project cost, provide without cost to the United States, in
compliance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (Public Law 91-646) ,
all lands, easements, and rights-of-way necessary for
implementation, maintenance, and operation of the project;
b. Subject to the non-Federal cost limit of 25% of the
total project cost, bear the cost of all alterations and
relocations of buildings, utilities, storm drains, roads, and
other community services required for implementation of the
project;
c. Hold and save the United States free from damages due
to implementation and subsequent operation and maintenance of the
project, except damages due to the fault or negligence of the
United States or its contractors;
d. Maintain and operate the project, including mitigation
features, after completion in accordance with regulations
prescribed by the Secretary of the Army;
e. Provide a cash contribution of 5% of the total project
cost;
1300 7th Street P0.Box 1431 817/761-7611 Wichita Falls,Texas 76307
Colonel F. Lee Smith
July 7, 1992
Page 2
f. Provide cash in excess of the Federal limitation;
g. Prevent encroachment that could interfere with the
maintenance and operation of the flood control project;
h. At least annually, publicize and notify all interested
parties that the project will not provide protection from the
occurrence of storms greater than the project design flood; and
i. Adopt and enforce floodplain regulations and assure
compatibility of future development that would ensure an
unobstructed floodway.
Sincerely,
Michael Lam, Mayor
City of Wichita Falls
ML/gd