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Res 2056 12/20/1977RESOLUTION RESOLUTION APPROVING CONTRACT WITH THE TEXAS DEPARTMENT OF WATER RESOURCES FOR CERTAIN WATER RESOURCES INVESTIGATIONS BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, THAT: That certain contract, a 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 the 20th day of December, 1977. 411: AI Alia/6 .4 OR ATTEST: CI 1", CLERK 1 . - 1 STATE OF TEXAS X Texas Department of Water Resources COUNTY OF TRAVIS TDWR Contract No. 03-8764 The Texas Department of Water Resources , hereinafter referred to as the "Department" and City of Wichita Falls a duly organized political subdivision of the State of Texas , hereinafter referred to as "Cooperator" , as participants 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 "1978 COOPERATIVE MASTER AGREEMENT FOR INVESTIGATION OF WATER RESOURCES IN TEXAS" and Memorandum of Cooperative Agreement, a copy of whichisattachedheretoandmadeaparthereofforallpurposes , as Attachment No. 2, dated 10/3/77 from Mr. I. D. Yost, District Chief, Water Resources Division of the Survey, to the Department. 2. The estimated cost of the listed investigations is 8. 410 of which the Cooperator shall remit to the Department the sum of $3, 448 on demand after the 1st day of September,1977, but under no circumstances later than February 28, 1978. 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 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 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, 1978, 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 terminated prior to August 31 ,1978, 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 performed up to thedateoftermination. 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 andagreementtobedulyexecutedintriplicate , this the 31st day ofAugust, 1977. C OPERATOR ails TEXAS DEPARTMENT OF WATER RESOURCES By : By Aaded A e Mr .Tne C- Smith Harvey D. Davis Di rPC-tor of Utilities Executive Director ST Or 1 dye United States Department of the Interior A O. 0 GEOLoGICAL SURVEY 09 WATER RESOURCES DIVISION FEDERAL BUILDING 300 EAST 8TH STREET AUSTIN, TEXAS 78701 October 3, 1977 ATTACHMENT NO. 1 Cooperative agreement between CITY OF WICHITA FALLS, Texas Department of Water Resources, and U.S. Geological Survey for the State fiscal year ending August 31, 1978. 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 program costs 8,410 City of Wichita Falls share---$3,448 TDWR share 757 USGS share 4,205