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Res 2715 1/20/1981RESOLUTION NO. 1)/7/...57)7/ RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT WITH TEXAS DEPARTMENT OF WATER RESOURCES FOR CERTAIN WATER SOURCE INVESTIGATIONS FOR 1980-81 STATE FISCAL YEAR BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: A certain contract, copy of which is attached hereto, between the City of Wichita Falls and the Texas Department of Water Resources, as participants in a cooperative water resources investigation program sponsored by the Geological Survey of the United States Department of the Interior, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED THIS 20th day of January, 1981. MAYOR ATTEST: CITY CLERK Page 2 of 7 Pages Agenda Item No. STATE OF TEXAS 9 Texas Department of Water Resources COUNTY OF TRAVIS TDWR Contract No. 03-1734 The Texas Department of Water Resources, hereinafter referred to as the Department" and the City of Wichita Falls, a duly organized political subdivi - sion of the State of Texas, hereinafter referred to as "Cooperator," as partici - pants in a Cooperative Water Resources Investigation Program sponsored by the Geological Survey of the United States Department of the Interior, hereinafter referred to as the "Survey," hereby make the following contract and agreement: 1 . The Department, or the Survey at the instance of the Department, shall perform the investigations listed in Attachment No. 1 which is made a part hereof, pursuant to the master agreement covering same between the Department and the Survey entitled "1981 JOINT FUNDING MASTER AGREEMENT FOR INVESTIGATION OF WATER RESOURCES IN TEXAS" and Memorandum of Cooperative Agreement, a copy of which is attached hereto and made a part of hereof for all purposes, as Attach- ment No. 2, dated August 26, 1980, from I . D. Yost, District Chief, Water Resources Division of the Survey, to the Department. 2. The estimated cost of the listed investigations is $10,590, of which the Cooperator shall remit to the Department the sum of $4,342, on demand after the 1st day of September, 1980, but under no circumstances later than February 28, 1981 . 3. In the event the funds or technical services are not available for the Department' s share of the costs, this agreement shall be null and void, and any funds contributed by the Cooperator shall be refunded in full . This agreement shall not be construed as creating any debt by or on behalf of the State of Texas or the Texas Department of Water Resources. 4. In the event of major damage to any of the stations, listed in Attachment No. 1 by floods or other causes, or in case it becomes desirable to move a station or stations to a new location, the cost of repairing such damage or moving such station(s) will be mutually agreed upon by the parties hereto, and the Cooperator, if sufficient funds are available, shall contribute on the same basis as for other work provided herein. 5. If the Cooperator fails to pay the Department the amount of money agreed upon in Paragraph 2 of this contract on or before February 28, 1981 , the Department shall have the option to cancel and terminate this contract by written notice to the Cooperator. If this contract is so cancelled and termina- ted prior to August 31 , 1981 , the Cooperator will be obligated to pay the Department for that portion of the contract price which the work and services already performed bears to the total work and services, required under the contract, less any payment previously made or, as appropriate, the Department shall refund the unexpended portion of the Cooperator' s contribution or the portion thereof which the Department is not obligated to expend on work per- formed up to the date of termination. Page 3 of 7 Pages Agenda Item No. 6. This agreement may be amended by mutual written agreement of the parties. 7. This agreement supersedes every previous cooperative contract between the Department and the Cooperator. In Witness Whereof, the parties have caused this contract and agreement to be duly executed in triplicate, this 1st day of September, 1980. CITY OF WICHITA FALLS TEXAS DEPARTMENT OF WATER RESOURCES Joe C. Smith arvey laves Director of Utilities Executive 1 ector Stuart A. Bauch City Manager Page 4 of 7 Pages Agenda Item No. NT Or ! H or tiT United States Department of the Interior 7. GEOLOGICAL SURVEY 114q WATER RESOURCES DIVISION FEDERAL BUILDING 300 EAST 8TH STREET AUSTIN, TEXAS 78701 August 26, 1980 ATTACHMENT NO. 1 Description of work and funding for water-resources investigations under joint-funding agreement between CITY OF WICHITA FALLS, Texas Department of Water Resources and U.S. Geological Survey for the State fiscal year ending August 31, 1981. Program Description I. Surface-Water Investigations A. Operation and maintenance of the following streamflow and reservoir-content stations: 07314500 Little Wichita River near Archer City, Tex. 07314800 Lake Arrowhead near Henrietta, Tex. 07314900 Little Wichita River above Henrietta, Tex. TOTAL 1981 PROGRAM COSTS 10,590 City of Wichita Falls share 4,342 TDWR share 953 USGS share 5,295 Page 5 of 7 Pages Agenda Item No. 4 Os lCNT ItQ:.United States Department of the Interior GEOLOGICAL SI k\'E1" WATER RESOURCES DIVISION FEDERAL EUILDING 300 EAST 8TH STREET AUST!N, TEXAS 78701 ATTACHMENT NO. 2 August 26, 1980 Memorandum To: C. R. Baskin, Director, Data and Engineering Services Division Texas Department of Water Resources , Austin, Texas From: I. D. Yost, District Chief, Water Resources Division Austin, Texas Subject: Joint-Funding Agreement: Texas Department of Water Resources and U.S. Geological Survey, 1981 fiscal year ending August 31, 1981 The CITY OF WICHITA FALLS Cooperator) , Texas Department of Water Resources, and the U.S. Geological Survey have a water-resources investigational program described in Attachment No. 1. Please include this program in our Joint-Funding Agreement for water- resources investigations in Texas for the fiscal year 1981. The Contract and Agreement between the Cooperator and the Texas Department of Water Resources (Department) should be bound by the following terms and conditions: 1. The Department agrees to cause the Survey to conduct the investigations described in Attachment No. 1 and furnish the Cooperator copies of the information and records thus obtained. 2. In the event of major damage to the hydrologic station facilities by floods or other causes, or in case it becomes necessary to move the facilities, it is agreed that costs involved will be mutually agreed upon by the parties hereto and shared by them on the basis indicated in Attachment No. 1. agreed that d3. I t is further agree [ at with advance written notice and mutual understanding by each party, the Contract and Agree- ment may be amended to exclude work being done or to include additional work. Funding would be adjusted accordingly. Page 6 of 7 Pages Agenda Item No. 4. The program cost is $ 10,590 Of this amount $ -0- is allotted to ground-water investigations; $ -0- is allotted to surface-water quality investigations; and $ 10,590 is allotted to surface-water quantity investigations. 5. The Survey will contribute $ 5,295 of these costs; the Department will contribute $ 953 of these costs in Technical Services and contract with the Cooperator to obtain the remainder of these costs, or a sum of $ 4,342 to conduct the investigations for the period September 1, 1980 to August 31, 1981. Please furnish me one copy of the Contract and Agreement between the Department and the Cooperator. I. D. Yost Attachment cc: Joe C. Smith, Dir. of Utilities, City of Wichita Falls, TX CRG:mlb Page 7 of 7 Pages Agenda Item No. 2-