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Res 029-87 2/17/1987RESOLUTION NO. c f I7 RESOLUTION APPROVING THE LOCAL COOPERATION AGREE- MENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF WICHITA FALLS, TEXAS FOR THE LAKE WICHITA, HOLLIDAY CREEK, TEXAS LOCAL FLOOD PROTECTION PROJECT AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND SIGN THE AGREEMENT WHEREAS, the City of Wichita Falls and the Department of the Army wishes to enter into an agreement for construction of the subject project; and, WHEREAS, the construction of the Lake Wichita, Holliday Creek, Texas Local Flood Protection Project was authorized by the Water Resources Develop- ment Act of 1986 (Public Law 99-662); and, WHEREAS, the project was authorized to provide flood protection to the City of Wichita Falls and vicinity from Holliday Creek; and, WHEREAS, the authorized plan also includes modifications necessary to make the existing Lake Wichita Dam safe; and, WHEREAS, General Design Memorandum No. 1 for the project, dated June 1985, was approved September 5, 1985; and, WHEREAS, the General Design Memorandum is the basis for all subsequent design and construction of the project, subject to changes and modifications deemed appropriate by the Government and the City of Wichita Falls; and, WHEREAS, the final Environmental Impact Statement was filed with the Environmental Protection Agency on March 5, 1981; and, WHEREAS, the City of Wichita Falls is capable of and willing to parti- cipate in project cost - sharing and financing in accordance with the terms of this agreement; and, WHEREAS, the City of Wichita Falls does take exception to, and request that changes be made to this agreement; and, r WHEREAS, the changes to this agreement are outlined in the attached Letter of Exceptions noted as Attachment 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Local Cooperation Agreement between the Department of the Army and the City of Wichita Falls, Texas, for the Lake Wichita, Holliday Creek, Texas Local Flood Protection Project is approved subject to the attached Letter of Exception and the City Manager is authorized to negotiate with the Department of the Army regarding the exceptions and to sign the final negotiated agreement. 1 n PASSED AND APPROVED THIS THE 17TH DAY OF F'B ''Y, 1987. I ' l J X 41/ tee M A Y i R ATTEST: 4---L,672-(e-L1--11-2/6 ----- CI CLERK Wichita Falls t E February 17, 1987 The Honorable Robert K. Dawson Assistant Secretary of the Army (Civil Works) Room 2E-570, Pentagon Washington, DC 20310-0103 RE: Local Cooperation Agreement for Lake Wichita, Holliday Creek, Texas, Local Flood Protection Project Dear Secretary Dawson: The purpose of this letter is to take exception, and to request change to, the attached Local Cooperation Agreement for the subject project. The excep- tions we are taking are: 1) The cost of relocations for all railroad facilities be borne by the Government. 2) Lake Wichita Dam be constructed to a heigth of 993.0 feet above Mean Sea Level, and that all applicable costs be reduced to reflect this change. 3) We are requesting an offset credit, for compatible channelization cost incurred or contracted before the date of this contract, against the cost of Dam Safety. 4) Depreciation and salvage value not be deducted from the credited Utility Relocation costs. This agreement has been approved by the City Council of the City of Wichita Falls, subject to the noted exceptions. I have been authorized to negotiate these exceptions with you and will be happy to meet with the appropriate staff to discuss our position. I would like to thank you for your past and future support of this project and we will look forward to its successful completion. Sincerely, James Berzina City Manager GRB/sb 1300 7th Street P.O. Box 1431 817/761-7611 Wichita Falls,Texas 76307