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Res 489 4/12/1962f RESOLUTION NO . 46/ WHEREAS, the (;orps of Engineers, under authority of resolution adopted 16 April 1959 by the Committee on Public Works of the United States Senate, has been directed to make an investigation of the advis- ability of modifying and rehabilitating the existing non-Federal Lake Kemp project, located on Wichita River, Texas , in the interest of flood control, tocperate in conjunction with its irrigation, water supply, and other related uses; and, WHEREAS, it is proposed by the Corps of Engineers that the modification and rehabilitation of the Lake Kemp project be accom- plished by the Federal Government; and, WHEREAS, it is proposed by the Corps Gf Engineers that, after modification and rehabilitation of the Lake Kemp project, local interests retain jurisdiction of the project and of all project lands; and, WHEREAS, it is proposed by the Corps of Engineers that, after modification and rehabilitation of the Lake Kemp project, local interests operate and maintain the project, including operation and maintenance required for flood control operation; and, WHEREAS, it is proposed by the Corps of Engineers that, after modification and rehabilitation of the Lake Kemp project, operation of the project for flood control will be in accordance with Section 7 of the Flood Control Act approved December 22 , 1944 , which provides that it shall be the duty of the Secretary of the Army to prescribe regulations for the use of storage allocated to flood control in all reservoirs constructed wholly or in part with Federal funds; and, WHEREAS, it is further proposed by the Corps of Engineers, that, after modification and rehabilitation of the Lake Kemp project, that the United States , subject to appropriations, reimburse local interests annually for that portion of the operation, maintenance and major re- placement costs allocated to the flood control function of the project; and, WHEREAS, the Corps of Engineers has requested assurances of local participation; and, WHEREAS, it is understood that such assurances do not commit the Federal Government to construction of the proposed improvements; and, WHEREAS, the City of Wichita Falls and the Wichita County Water Improvement District No. 2, Wichita Falls, Texas , approve of the plan of improvement as proposed by the Corps of Engineers and are fully cognizant of the requirements of local cooperation: NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of Wichita Falls and the Directors of the Wichita County Water Improvement District No . 2: THAT the Corps of Engineers is hereby advised that the City of Wichita Falls and the Water Improvement District concur with the general plan for reconstruction of Lake Kemp, and are willing and able to a) Provide without cost to the United States all lands, easements and rights-of-way necessary for construction and operation of the project; b) Remove, without cost to the United States , all cabins from lands required for flood control operation, and perform all relocations and/or alterations of existing buildings, highways , bridges, sewers , related and special facilities, and local betterments; c ) Hold and save the United States free from damages due to the construction and operation of the project; d) Maintain and operate all works after completion, and operate the flood control feature in accordance with regulations prescribed by the Secretary of the Army; e) Adopt and enforce regulations to preserve the existing capacity of the channel through the City of Wichita Falls and prevent further encroachment; and f) Reimburse the United States for the reconstruction costs allocated to conservation purposes, amounting to about 23 percent of the net reconstruction cost ( exclusive of cost of additional lands ) , in not more than 50 equal annual payments with interest, beginning at the time construction is complete. 2- ADOPTED by the City of Wichita Falls and the Wichita County Water Improvement District No. 2, Wichita Falls , Texas , this if Z ,L day of 1962. CITI WICHITA,. AL , ATTEST: By ayor i City Clerk (/ WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO . 2 i ATTEST: By PZ---,. 1 C.esident 2y/e'c' '"--5' :1-2"------7 A-Caretary 3-