Res 087-82 5/18/19824
RESOLUTION NO. V
RESOLUTION APPROVING AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A CONTRACT WITH
THE TEXAS PARKS AND WILDLIFE DEPARTMENT
CONCERNING CONSTRUCTION OF BOAT LAUNCHING
FACILITIES IN DEER CREEK PARK AT LAKE
ARROWHEAD.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and the Texas Parks and Wildlife
Department, concerning the construction of boat launching facilities
approved,in Deer Creek Park at Lake Arrowhead, is hereby and the
City Manager is authorized to execute the same for the City of
Wichita Falls.
PASSED AND APPROVED this the 18th day of May, 1982 .
A°
S.
9V. M 0 R
ATTEST:
City Clerk
CONS I Rt t IO`. AGREEMENT
13F-11%TEN
THE TEXAS PARKS AND W ILDLII.F DEPARTMENT
AND
CITY OF WICHITA FALLS r
STATE OF TEXAS
G
COUNTY OF TRAVIS
This Agreement made and entered into as of the elate herein last specified by and between the Texas
Parks and Wildlife Department (hereinafter called "Department") acting by and through its Executive
Director hereunto duly authorized by the Texas Parks and Wildlife Commission, and City of
Wichita Falls hereinafter called "Sponsor") acting by and through
its designated official duly authorized hereunto by its Board of Alderman of the City of Wichita
Falls in accordance with a resolution adopted June 2, 1981
W I T N E S S E T H:
AGREEMENT
For and in consideration of the mutual obligations, covenants and benefits hereinafter set forth, the
Department and the Sponsor hereby agree as follows:
Services to be Performed
1 . The Sponsor shall designate one 1 ) appropriate site locations) on
Lake Arrowhead at Deer Creek Park in Clay County
in accord with their land acquisition program so as to benefit highway access for the general public's use of
the proposed sitels).
2. Plans and specifications, to include site location map, for each site will be prepared by the
Sponsor and submitted for Department approval prior to construction. Engineering fees may be charged to
the project(s). The Sponsor will construct 1 public boat ramps) in accordance with approved plans and
specifications to be numbered 82-3-303-39
3. III construction shall be in compliance with all laws and regulations duly adopted by govern-
mental agencies of competent jurisdiction.
4. After completion and final payment by the Department, the Sponsor shall assume sole
responsibility for refuse collection and grass control for a term of a minimumt of twenty-five years on the
facility(ies).
5. The Sponsor shall acquire at its sole expense a suitable leasehold property interest with a
minimum term of twenty-live years or fee simple title on the public boat ramp location(s) prior to
commencement of constriction.
6. Local regulations may he adopted by the Sponsor pursuant to Parks and Wildlife Code, Section
31 .1)922. It is understood and agreed that the Sponsor shall not designate public waters served by said
facility(ies) as areas restricted from use by registered motorboats without Department approval. Violation
of this covenant by the Sponsor shall require one hundred percent reintbursenient to the Department of the
costs of said facilityliesI.R
Assistance
The Department \\ill -silt the Sponsor Nvith only advisorsx assistance within its capabilities
Inspection
The iepartment will perform a completion and acceptance inspection. Progress inspections may be
performed at the discretion of the Department.
Receipts and Records
The Sponsor will maintain appropriate records to support all claims for reimbursement and submit
to the Department copies of all expenditures to he charged against the project(s). A certification of comple-
tion and the total amount of expenditures will he submitted prior to final payment.
Audit
The records of charges are subject to audit by the Comptroller of Public Accounts and the State
Auditor.
Modifications
In the event the cost of construction is below the maximum amount authorized. the Sponsor may.
at its discretion• include additional improvements or appurtenances on each designated site as long as the
project total contract cost figure is not exceeded, provided however: such improvements or appurtenances
are first approved in writing by the Department.
Payment
Upon completion of a satisfactory acceptance inspection by the Department, the Sponsor will
furnish the Department with a certificate of said completion and the required actual cost records. Upon
receipt of certification of satisfactory completion and records, the Department shall pay to the Sponsor the
actual cost of such services not to exceed Sixteen Thousand One Hundred and No1100 Dollars (316,100.0!:
with the Sponsor to provide an additional Six Thousand Nine H_untlrcc1 and No/loo nnll•ars6,900.00) , for a total cost not to exceed Twenty Three Thousand and No/100 Dollars23,000.00) . Terms
The terms and conditions of this Agreement will remain in effect until August 31 , 19 83 .
EXECUTED this day of 19
T.
TEXAS PARKS AND WILDLIFE DEPARTMENT
EXECUTIVE DIRECTOR
CITY OF WICHITA FALLS
By:
I
Page 3 of 4 Pages
Agenda Item No. 8,b.
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