Res 045-85 4/2/1985RESOLUTION NO. 46 ,6
RESOLUTION CONCURRING WITH THE CORPS OF ENGINEERS' FLOOD
PROTECTION PLAN FOR MCGRATH CREEK, AND MAKING ASSURANCE
OF LOCAL PARTICIPATION
WHEREAS, under authority of a resolution adopted February 25,
1938, by the Committee on Rivers and Harbors, House of Representativs, the
Corps of Engineers, United States Army, has made an investigation of McGrath
Creek to determine the feasibility of providing improvements for flood protection
at Wichita Falls, Texas; and,
WHEREAS, the plan proposed by the Corps of Engineers for flood
protection at Wichita Falls provides for constructing a new spillway at Sikes
Lake and a concrete-lined channel along McGrath Creek from Sikes Lake to
Holliday Creek; and,
WHEREAS, before proceeding with final review and the preparation
of plans for the proposed flood protection project, the Corps of Engineers
has requested assurance from the City of Wichita Falls, Texas, with respect
to its willingness and ability to meet the requirements of local cooperation
as set forth by law, to hold and save the United States free from damages due
to the construction works, and to maintain and operate all the works after
completion in accordance with regulations prescribed by the Secretary of the
Army; and,
WHEREAS, the non-Federal responsibilities are specified in the 1936
Flood Control Act require that local interests provide without costs to the
United States all real estate interests necessary for construction of the project,
all alterations and relocations to utilities, streets, bridges, buildings, storm
drains and other structures and improvements except railroad bridges, with the
understanding that Congressional modification to current legislation may alter
the degree and/or type of local interest contribution; and,
WHEREAS, it is understood that such assurances do not commit the
Federal Government to construction of the proposed improvements; and,
WHEREAS, the City of Wichita Falls, Texas, is interested in the
plan of improvement proposed by the Corps of Engineers, and is the legally
qualified body capable, under provision of the Statutes of the State of Texas,
of meeting the requirements of local cooperation:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The Corps of Engineers is hereby advised that the City of Wichita
Falls concurs with the plan for providing flood protection along McGrath
Creek at Wichita Falls, Texas, and prior to initiation of construction will
enter into a binding written agreement with the Corps of Engineers, which
will address project construction and satisfy the requirements of Section 221
of Public Law 91-611 , to:
a. Provide without cost to the United States, all lands,
easements, and rights-of-way for the construction, operation, and maintenance
of the project;
b. Provide for the alterations and relocations of utilities,
roads, bridges, buildings, storm drains, and other structures and improvements
except railroad bridges and railroad bridge approaches, that are required for
construction of the project;
c. Hold and save the United States free from damages due to
the construction and subsequent operation and maintenance of the project,
except damages due to the fault of negligence of the United States or its
contractor;
d. Adopt and enforce flood plain regulations to insure an
unobstructed floodway and compatability between future development and the
degree of flood protection provided by the project;
e. Provide relocation assistance to persons displaced by the
project in accordance with sections 210 and 305 of Public Law 91-64b;
f. Maintain and operate all the works after completion in
accordance with regulations prescribed by the Secretary of the Army and in
accordance with additional requirements as may be stipulated in the project
document, in Congressional legislation, or by the Office, Chief of Engineers;
g. Prevent encroachment upon the project, channels, and
floodways which could interfere with the maintenance and operation of the
flood control project, and manage all project-related channels and floodways
to preserve capacities for project functions; and
h. Publicize and notify interested parties, at least annually,
that the project will not provide protection from an occurrence greater than
the project design flood.
PASSED AND APPROVED THIS THE 2ND DAY OF APRIL, 1985.
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