Res 1241 11/2/1971RESOLUTION NO. /AV/
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 Texas Water Development Board and the City of
Wichita Falls, providing for four stream gauging stations to be
operated by the U. S. Geological Survey, is hereby approved, and
the City Manager is authorized to execute the same for the City of
Wichita Falls .
PASSED AND APPROVED THIS the 2nd day of November, 1971.
MAYORAYOR
ATTEST:
City Clerk
THE STATE OF TEXAS
Texas Water Development Board
COUNTY OF TRAVIS Contract No.
This Contract and Agreement, made and entered into by and between
the Texas Water Development Board, hereinafter called the BOARD, and
the CITY OF WICHITA FALLS
hereinafter called COOPERATOR, in a Cooperative
Water Resources Investigation Program under the following terms, conditions
and considerations, to-wit:
ARTICLE I
The BOARD, at the request of the COOPERATOR, and for the considera-
tion hereinafter expressed, agrees and covenants to conduct or cause to be
conducted by the Geological Survey, United States Department of the Interior,
a program of Water Resources Investigation for the period of September 1,
1971 through August 31, 1972, as follows:
I.Surface-Water Investigations:
A. Continued operation and maintenance of the following streamflow
and reservoir content stations:
South Fork Wichita River near Benjamin, Texas
Little Wichita River near Archer City, Texas
Lake Arrowhead near Henrietta, Texas
Little Wichita River near Henrietta, Texas
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ARTICLE II
The program is estimated to cost 'ne _housand : 9 000 00 Pol
COOPERATOR, in consideration of the foregoing agreement and undertaking
on the part of the BOARD, hereby covenants and agrees to pay to the BOARD
the sum of Three Thousand Six Hundred Ninety ($3, 690. 00) Dollars
on demand after the 1st day of
September, 1971.
ARTICLE III
The parties hereto agree that this Contract and Agreement is subject
to the availability of funds to the BOARD, provided, however, that should
such funds be not available, this agreement shall be null and void, no funds
contributed by the COOPERATOR shall be expended, and any such funds
contributed by the COOPERATOR shall be refunded in full.
ARTICLE IV
It is mutually agreed and understood that in the event of major damage
to any of the stations noted in Article I above, 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 shall contribute
on the same basis as other work provided herein, subject to the certification
of the COOPERATOR'S Auditor as to the availability of funds to be expended
prior to the obligating of or the expenditure thereof.
ARTICLE V
It is mutually agreed and covenanted that if the COOPERATOR shall
fail to make payment as herein provided, the BOARD may cancel and terminate
the remainder to this Contract and Agreement by giving COOPERATOR
written notice. If this Contract and Agreement is terminated prior to the
time of full performance, the COOPERATOR shall be obligated to pay to the
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BOARD for work already performed hereunder, or as appropriate, the
BOARD shall refund all that portion of COOPERATOR'S contribution which
has not already been expended, or which the BOARD is not obligated to
expend on work that has already been performed hereunder up to the date
of cancellation and termination.
ARTICLE VI
The parties hereto further agree that this Contract and Agreement
may be altered or amended upon the advance written agreement of each
party to exclude work being performed or to include additional work to be
performed and to adjust the consideration to be paid hereunder by virtue
of such alterations or amendments.
ARTICLE VII
This Contract and Agreement replaces and supersedes in the entirety
the contract relating to a program of Water Resources Investigations
previously entered into between the TEXAS WA TER DEVELOPMENT BOARD
and COOPERATOR and dated August 31, 1970, as well as all amendments or
additions thereto.
IN WITNESS WHEREOF, the parties have caused this CONTRACT and
AGREEMENT to be duly executed in quadruplicate, this the 31st day of
August, 1971.
TEXAS WATER DEVELOPMENT BOARD
ByE_
Harry P. Burleigh, Executive Director
CITY OF WICHITA FALLS
By
ATTEST:
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