Res 1357 10/31/1972RESOLUTION NO.
RESOLUTION APPROVING SUPPLEMENTAL AGREE-
MENT NO. POO2 TO CONTRACT NUMBER DACW56-
67-C-0252 BETWEEN THE CITY OF WICHITA
FALLS, WICHITA COUNTY WATER IMPROVEMENT
DISTRICT NO. 2 AND THE UNITED STATES. OF
AMERICA CHANGING SOME OF THE REQUIREMENTS
IN THE ORIGINAL CONTRACT CONCERNING THE
RECONSTRUCTION OF LAKE KEMP IN BAYLOR
COUNTY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain Supplemental Agreement No. POO2 to Contract
No. DACW56-67-C-0252, a copy of which is hereto attached, between
the City of Wichita Falls, Wichita County Water Improvement Dist-
rict No. 2 and the United States of America, concerning the recon-
struction of Lake Kemp in Baylor County, Texas, is hereby approv-
ed, and the City Manager is authorized to execute the same for
the City of Wichita Falls, Texas.
PASSED AND APPROVED THIS THE 31ST DAY OF OCTOBER, 1972.
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ATTEST:
j7zi 1/L))L* o,-r
City Clerk
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Contract No. DACWS6-67-C-0252
Supplemental Agreement No. P002
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT, entered into this ,day of ti
1972, by and between the UNITED STATES OF AMERICA, represented by the
Contracting Officer executing this agreement, in the city of Wichita Falls,
Texas, a body politic and corporate existing under the laws of the State
of Texas, and WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2, a body
politic and corporate existing under the laws of the State of Texas, with
its principal office and place of business in the City of Wichita Falls,
State of Texas; WITNESSETH THAT:
WHEREAS, on 5 September 1967, the parties hereto entered into
Contract No. DACW56-67-C-0 252 for the Reconstruction of Lake Kemp on the
Wichita River in Baylor County, Texas; and
WHEREAS, the Government and Owners now desire to change the require-
ments for cabin removal and certain other related items; and the Government
and Owners further desire to change the contract to provide for compliance
with the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, Public Law 91-646; and
WHEREAS, the Government and the Owners now desire to change said
contract as hereinafter indicated and have agreed to such change upon the
terms and conditions hereinafter set out:
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NOW, THEREFORE, the Government and the Owners mutually agree that
said contract shall be changed in the following particulars :
1. The requirements for cabin removal are changed to the following:
a. The Owners will remove all cabins below elevation 1147.0 by
1 January 1973, all cabins below elevation 1150 .0 by 1 January 1978, and
all cabins below elevation 1159 .0 by 1 January 2000;
b . The Owners must prohibit construction of new cabins below
elevation 1159 .0;
c. The Owners must obtain an easement which will provide the
right to flood, without any responsibility for damage, on all lands and
structures below elevation 1163.0; and
d. Except for the right to flood and release from flood damage,
those structures for other than human habitation will be permitted to
remain at the option of the Owners .
2. The required preparations for high water levels within the project
area are changed to read:
a. The Owners will provide satisfactory escape routes from low
lying structures that are subject to being cut off from higher ground by
rising water level; and
b . The Owners will provide a flood warning system at the project.
3. The contract shall be amended to provide compliance with Public
Law 91-646 as follows:
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a. The Owners shall provide fair and reasonable relocation pay-
ments and assistance to or for displaced persons as are required to be
provided by a Federal agency under Sections 202, 203, and 204 of the Act;
b . The Owners shall provide relocation assistance programs
offering the services described in Section 205 to' such displaced persons;
c. The Owners shall make available within a reasonable period
of time prior.to displacement, decent, safe, and sanitary replacement
dwellings to displaced persons in accordance with Section 205(c) (3) ;
d. In acquiring real property the Owners will be guided, to the
greatest extent practicable under State law, by the Land Acquisition
Policies in Section 301 and the provisions of Section 302;
e. The Owners shall pay or reimburse property owners for
necessary expenses as specified in Sections 303 and 304;
f. Payment records must be retained by the Owners for a period
of three years after payment of the last voucher for the project;
g. The Owners must submit their appeal procedure for approval
by the District Engineer;
h. The Owners must agree to maintain and submit statistical
data on the project. The format for these reports will be furnished by
the Corps of Engineers; and
i. The Government's share of the Owners ' costs for providing
compliance with Public Law 91-646 will be determined by the provisions of
Sections 207 and 211.
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Except as herein changed, the terms and conditions of Contract No.
DACW56-67-C-0252 shall remain in full force and effect.
THE UNITED STATES OF AMERICA
By
WILLIAM E. READ
Colonel, CE
District Engineer
Contracting Officer
CITY OF WICHITA FALLS, TEXAS
Attest:
By
WICHITA COUNTY WATER IMPROVEMENT
DISTRICT NO. 2
Attest:
BY
Secretary Prcsider/
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