Res 1184 5/4/1971RESOLUTION NO. 1184
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS , THAT:
That certain Memorandum Agreement between the City of
Wichita Falls, Texas, and Red River Authority of Texas, a copy of
which is attached hereto, providing for the joint construction by
the parties of a water pollution control project to be used by
the City of Wichita Falls, is hereby approved, and the Mayor is
authorized to execute the same for the City.
PASSED AND APPROVED THIS the 4th day of May, 1971. •
M A Y O R
ATTEST:
11•112 .:edhiglit-.21"-‘2g-(4f"1411's
City Clerk
TO THE TEXAS WATER QUALITY BOARD AND THE ENVIRONMENT-
AL PROTECTION AGENCY OF THE UNITED STATES OF AMERICA
THE STATE OF TEXAS
WATER POLLUTION CONTROL COMPACT
MEMORANDUM AGREEMENT BETWEEN THE CITY OF
WICHITA FALLS, TEXAS, AND RED RIVER AUTHORITY
OF TEXAS .
WHEREAS , The State of Texas Water Pollution Control
Compact was executed to provide a method for the State of Texas
to agree to pay , and to pay, not less than 25% of the estimated
costs of all water pollution control projects in the State of
Texas for which Federal grants are to be made pursuant to
clause (7) , subsection (b) , Section 1158 , Title 33 , United States
Code, as amended; and
WHEREAS , the Governor of the State of Texas , the
Attorney General of the State of Texas , the Texas Water Quality
Board, and the Environmental Protection Agency of the United
States of America, have approved the Compact; and
WHEREAS , the RED RIVER AUTHORITY OF TEXAS (hereinafter
called the "Signatory") is a Signatory to the Compact, and there-
by authorized to act for and on behalf of the State of Texas with
respect to water pollution control projects as provided in the
Compact; and
WHEREAS, the CITY OF WICHITA FALLS , TEXAS (hereinafter
called the "City") hereby makes and files its application for a
Federal grant of 55% of the costs of a water pollution control
project, as described in the documents submitted concurrently
herewith to the Texas Water Quality Board, in accordance with
the Compact; and
WHEREAS , the undersigned Signatory has agreed to pay ,
for and on behalf of the State of Texas , as a Signatory to the
Compact, not less than 25% of the cost of the aforesaid project,
as hereinafter provided; and
WHEREAS, a construction contract for said project was
not let prior to April 15 , 1971; and
WHEREAS, arrangements have been made, as hereinafter
provided, between the City and the undersigned Signatory for the
State financial assistance of not less than 25% as of the date
of this Agreement.
IT IS THEREFORE AGREED AS FOLLOWS:
1. That the undersigned Signatory agrees to pay, as
a Signatory to the Compact, for and on behalf of the State of
Texas , not less than 25% of the costs of the aforesaid project
through the issuance of its bonds pursuant to Chapter 25 of the
Texas Water Code (formerly Vernon's Article 7621g) to provide
the money for constructing not less than 25% (but up to 45% , at
the option of the City) of the Project.
2. That the Signatory will enter into a joint con-
struction contract with the City for jointly constructing the
project, wherein the City will agree to pay not less than 55%
of the costs of constructing the project and also to pay the re-
maining costs of constructing the project, if any, which are
not to be paid by the undersigned Signatory; and the Signatory
will pay for not less than 25% (but up to 45% , at the option of
the City) of the costs of constructing the project.
3. That the Signatory and the City will enter into
a contract pursuant to which the Signatory will make available
to the City the facilities and services of its part of the
project, and the City will agree to pay to the Signatory , in
consideration of constructing, providing , and making available to
the City the facilities and services of its part of the project,
such amounts as will be adequate to assure and provide to the
Signatory all of its expenses , debt service , reserve , and other
payments and requirements in connection with the Signatory ' s
bonds , and the Signatory ' s expenses of participation in the
project. The City will pay , or reimburse the Signatory for, the
actual out-of-pocket expcnses incurred by the Signatory with
respect to the bonds and the project, and in addition thereto
will pay to the Signatory a fired monthly charge in the amount
of $ to cover the Signatory 's administrative and over-
head expenses attributable to the project. Said contract also
will provide that, as further consideration, the City will operate
and maintain the entire project throughout its useful life , at the
City's sole expense; that the City will have the exclusive use of
the entire project throughout its useful life ; and that the City's
obligation to make any and all payments under said contract will
terminate when all of the Signatory 's bonds issued in connection
with the project, or any bonds issued to refund same , have been
paid and retired. All payments by the City under said contract
shall constitute an expense of operation of the City 's combined
Waterworks and Sewer System, as permitted by Chapter 25 of the
Texas Water Code and Vernon ' s Article 1113 .
4 . In the event the amendment to the Texas Constitu-
tion designated as Article III , Section 49-d-1 is adopted at the
election to be held on May 18 , 1971, and another method for pro-
viding the necessary State financial assistance in order to ob-
tain increased Federal grants is made available pursuant to said
Constitutional amendment , the City reserves the right to terminate
or modify this Memorandum Agreement so as to substitute such
other method for providing the necessary State financial assist-
ance if and to the extent permitted by law, the Texas Water
Quality Board, and the Environmental Protection Agency; and the
undersigned Signatory agrees to assist, and cooperate with, the
City in making such substitution if requested by the City.
EXECUTED this, day of 1971.
CITY OF WICHITA FALLS , TEXAS
byti -
Mayor
ATTEST:
IZZetl:ge44.---CAelf:2±
City Clerk
RED RIVER AUTHORITY OF TEXAS
by
President, Board of Directors
ATTEST:
Secretary, Board of Directors