Loading...
Res 560 4/27/1964RESOLUTION NO. ,)-c WHEREAS, the Corps of Engineers, under authority of resolution adopted April 16, 1959, by the Committee on Public Works of the United States Senate, has been directed to make an investigation of the advisability of modifying and rehabilitating the existing non-Federal Lake Kemp project, located on Wichita River, Texas, in the interest of flood control, to operate in con- junction with its irrigation, water supply, and other related uses ; and, WHEREAS, it is proposed by the Corps of Engineers that the modifica- tion and rehabilitation of the Lake Kemp project be accomplished by the Federal Government; and, WHEREAS, it is proposed by the Corps of Engineers that, after modifi- cation 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 modifica- tion 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 modifi- cation 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 replacement costs allocated to the flood control function of the project; and, e ' 2 - WHEREAS, the City of Wichita Falls and Wichita County Water Control and Improvement District No. 2 adopted Resolution No. 489 on April 12 , 1962 , in compliance with the assurances requested by the Corps of Engineers ; and, WHEREAS, by letter dated February 26, 1964, the Corps of Engineers has requested additional assurances from the City of Wichita Falls and the Wichita County Water Control and Improvement District No. 2 ; 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 'i'fl chi ta Falls, Texas, approves of the plan of improvement as proposed by the Corps of Engineers and is fully cognizant of the requirements of local cooperation: NOW, THEREFORE, BE IT RESOLVED by the Board of Aldermen of the City of Wichita Falls, Texas, that the Corps of Engineers is hereby advised that the City of Wichita Falls concurs with the general plan for reconstruction of Lake Kemp, and is willing and able to a) Provide without cost to the United States all lands, ease- ments 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 en- croachment; 3 - f) Reimburse the United States for the reconstruction costs allo- cated to conservation purposes, amounting to about 23 per cent 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 con- struction is complete; g) Retain ownership, operate and maintain the project for a minimum period of 50 years after completion and as long after the initial 50 years as the Government provides funds for flood control operation; h) Adequately inform affected interests annually concerning the probability of residual damages after construction of the modifications ; and i) Provide free access to the lake in accordance with the prin- ciples of Section 4 of the Flood Control Act of 1944. ADOPTED by the City of Wichita Falls, Texas, this the day of 1964. i Le.i it /. . ./vii r M A Y O R A T T E S T : City Clerk