Res 038-2015 3/17/2015
Resolution No. 38-2015
Resolution authorizing the City Manager to execute (1) an Interlocal
Agreement with the Seeding Operations and Atmospheric Research (SOAR),
Limited Liability Company for a Program of Applied Cloud Modification in an
amount not to exceed $250,000 per year, and (2) agreements with third
parties to pay for part of the City’s expenses of Cloud Seeding
WHEREAS, the Seeding Operations and Atmospheric Research (SOAR), Limited
Liability Company, has successfully completed a Program of Appli ed Cloud Modification for the
City in 2014 to provide for enhanced rainfall in the area from which the City obtains its water;
and,
WHEREAS, the City of Wichita Falls maintains a weather modification license and
weather modification permit from the TDLR, pursuant to 16 TAC §79.1, et. seq., and SOAR will
provide the equipment, supplies, and personnel necessary to conduct and monitor weather
modification activities; and,
WHEREAS, City staff has been negotiating with third parties to pay for part of the Ci ty’s
expenses of cloud seeding, and some of the third parties are expected to be government
entities, in which case the aforementioned agreements will be interlocal agreements, and with
respect to those interlocal agreements, the City finds that the servic es performed by each of
them are necessary and authorized for activities that are purposely within their statutory
functions and programs, and that they have the authority to contract for the services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute (1) the attached Interlocal Agreement with
the Seeding Operations and Atmospheric Research (SOAR), Limited Liability Company, for a
Program of Applied Cloud Modification in an amount not to exceed $250,000 per year, and (2)
the attached Agreements with Third Parties to Pay for Part of the City’s Expenses of
Cloud Seeding, with such changes to said agreements as are approved by the City Attorney.
PASSED AND APPROVED this the 17th day of March, 2015.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
Contract Between
T he City of Wichita Falls and
Seeding Operations and Atmospheric Research (SOAR), Limited Liability
Company to Provide Services for a Program of Applied Cloud Modification
The City of Wichita Falls, a Texas municipal corporation, hereinafter referred to as
“WF”, 1300 7th Street, Wichita Falls, Texas 76307, and Seeding Operations and
Atmospheric Research (SOAR), Limited Liability Company, a Texas Limited Liability
Company, hereinafter referred to as “SOAR”, hereby contract to extend cloud
modification operations to the Wichita Falls’ watershed area in Texas, and agree as
follows:
WHEREAS, WF holds Weather Modification License No. 15 -2, issued by the State of
Texas Department of Licensing and Regulation, hereinafter referred to as “TDLR”, and
SOAR has recognized expertise in the field of weather modification;
WHEREAS, WF has a Weather Modification Permit No. 14-3 from TDLR pursuant to
TAC, Chapter 79, the Administrative Rules of the TDLR, hereinafter referred to as the
“Program”; and
WHEREAS, SOAR will provide all equipment, supplies, and personnel necessary to
conduct and monitor weather modification activities, including a 10 -centimeter radar
feed from the National Weather Service Next Generation Radar for improved efficiency
and assessment.
NOW THEREFORE, IT IS AGREED as follows:
1. SOAR shall provide forecasting support and dire ct seeding activities for the
program during the term of this contract, within the operational area and target
area identified by the attached Map and consistent with TDLR Weather
Modification Permit No. 14-3. The purpose of this weather modification
operation is to increase runoff from rainfall within the target area of the WF
program.
2. The terms as of this contract shall cover a period beginning at 12:01 a.m. DST
on April 1, 2015 and ending at 11:59 p.m. DST on August 31, 2015.
3. SOAR will maintain real ti me 24-hour-per-day, 7-day-per-week access to NWS
NEXRAD Level II “super resolution” radar data and provide the latest software
designed to track and analyze precipitation areas located in clouds upwind and
over the target area. The Dyess Air Force Base at Abilene, Texas and
Frederick, Oklahoma NEXRAD radars will be the primary radars used for
weather surveillance and directing aircraft seeding operations for the project.
4. All basic weather data will be processed and archived. This information will be
used to coordinate various phases of the field program.
5. SOAR shall perform its activities with the following materials and methods, and
in accordance with the attached Supporting Data:
(A) a plan of operation that details the type of weather modification
activity proposed,
(B) equipment and personnel involved in the operation,
(C) a description of climate and hazardous weather in the operational
area, including explicit statement, where applicable, that the permittee
will, or will not , and under what condition s, conduct operations in areas
for which the National Weather Service has issued hazardous -weather
watches an warnings,
(D) a description of the weather modification methodology that will be
used, accompanied by documentation (including citations in refere nced
meteorological journal) which attests to the technology’s scientific
credibility, and
(E) a description of the technique that will be used to evaluate the overall
effect of the proposed operation.
6. SOAR shall release WF from all claims relating to oper ations performed
pursuant to this contract other than claims for payment for the services
described herein. To the extent coverage is provided by insurance, SOAR shall
indemnify and hold WF harmless and free from all claims of damage to persons
or property of any kind or character whatsoever that may develop as a result of
SOAR’s activities. During the entirety of SOAR’s activities pursuant to this
contract, SOAR shall maintain its ability to pay damages for liability that might
reasonably arise as a result of SOAR’s proposed operation and SOAR shall
maintain the comprehensives liability insurance policy described by the attached
Certificate of Insurance that provides insurance for the proposed period of
operation. During the term of operation, WF shall be n amed as an additional
insured on said insurance policy. SOAR shall be the sole party liable for the
proposed weather modification operation.
7. SOAR agrees to be bound by all laws of the State of Texas and the Federal
Government, and that prior to commencing the direction of seeding operations
under this contract for WF, SOAR agrees to have in force all necessary licenses
and permits and permits from the State of Texas to so operate.
8. WF may terminate this contract, with or without cause, on at least 5 days wri tten
notice, sent by mail to the SOAR office , 4515 Old Jacksboro Highway, Wichita
Falls, Texas 76302.
9. In the event of cancellation by WF all monies already paid to SOAR by the WF
shall be retained by SOAR. Additionally, WF shall owe SOAR for any and all
days of a month SOAR operates, up to the date of cancellation. A final report
summarizing cloud seeding operation for that season up to the time of such
cancellation will be furnished by SOAR as soon as practical. WF agrees to pay
SOAR for the services rendered as outlined in this contract, the total sum of not
more than $50,000/month. This sum includes the total fee of $36,800/month for
the aircraft, personnel and meteorological support and reports for the program.
Fuel and flares will be billed at cast by S OAR and will be included in the monthly
invoices.
10. SOAR agrees to submit monthly invoices to WF by the 5 th of the month. Terms
shall be NET 10 days from the date of invoice. Any payment due but not
received by the 16th day of the month due will cause a temp orary suspension of
services provided for in this contract until the full payment due is received by
SOAR. Further liability shall NOT accrue during temporary suspension of
services.
11. SCHEDULE OF PAYMENTS:
PAYMENT DATE AMOUNT
1 MAY 2015 $36,800.00 + Fuel and Flares
1 JUNE 2015 $36,800.00 + Fuel and Flares
1 JULY 2015 $36,800.00 + Fuel and Flares
1 AUGUST 2015 $36,800.00 + Fuel and Flares
1 SEPTEMBER 2015 $36,800.00 + Fuel and Flares
12. The total amount of this contract is not to exceed $50,000/month or $250,000 for
the five (5) month program.
13. Any notice to be given hereunder may be served personally or by depositing the
same in the United States mail, postage prepaid, and addressed to the party
being notified at his address as set forth b elow, or at such other address as may
be hereafter designated in writing. If served by mail, service shall be
conclusively deemed to have been made upon deposit in the United States Post
Office.
14. SOAR and the WF understand that productive seeding can only occur at
locations where certain types of cloud systems develop. Therefore, WF
respectfully requests that during times when an abundance of seedable
opportunities are available, the project meteorologist give preference to portions
of the target area that are expected to provide additional rainfall to the
watershed areas of Lake Arrowhead and Lake Kickapoo.
15. Limitation of Cloud Seeding in Limited Geographic Area: SOAR will temporarily
halt cloud seeding activities in areas where WF halts cloud seeding in wr iting.
Termination of cloud seeding in a limited area should contain a map illustrating
the area where WF desires to halt cloud seeding activities and a statement of
the time period for which cloud seeding should be halted. SOAR will provide a
copy of document and map to the Project Meteorologist with a request to
discontinue seeding in the area for the time period specified in the written
request.
16. A Daily Program update including a daily forecast and summary of recent
seeding activities will be sent via email to designated participants on each
workday and on weekends and holidays whenever seedable opportunities are
forecast. A monthly operational report will be provided by the 15 th of each month
following a month when seeding occurred and a final operation s report covering
the entire yearly operations will follow at the conclusion of the seeding season.
17. Unless requested by WF, SOAR shall file and/or publish information with state
and federal entities that is required to be filed and/or published for the
operations under which SOAR is operating pursuant to this contract. SOAR shall
provide WF with a copy of all information provided to the TDLR and/or other
entities with respect to this operation within 30 days after it is filed with or
provided to said entity. SOAR will further provide WF with a copy of all
information required by 16 TAC §§ 79.31, 79.32, and 79.33 within 30 days after
the preparation of such information. Said information may be provided
electronically to WF. SOAR will provide information to be provided to WF to
WF’s Director of Public Works at russell.schreiber@wichitafallstx.gov.
18. This contract will be governed by Texas law. Sole venue for any legal action
related to this contract shall be in Wichita County, Texas, unless SOAR is joined
as a defendant in an action filed against WF by a third party.
PROJECT OPERATIONS PLAN
I. Type of Weather Modification Activity
City of Wichita Falls (WF) is proposing to conduct weather modification operations in an area of
north Texas. This weather modification activity will be a nonrandomized cloud seeding operational
program for the primary purpose of increasing rainfall. Hail suppression will not be an objective of
the program. All potential cases that satisfy seeding criteria will be seeded within the limitations of
personnel and equipment and in accordance with decisions of the project meteorologist and the
project manager.
Cloud candidates for seeding may be chosen by a trained field meteorologist and pilots. The
meteorologist and pilots will be furnished copies of the Texas license and permit guidelines and will
seed in accordance with those guidelines.
The project will begin at 12:00 a.m., CDT, April 1, 2015 and will end August 31, 2015 11:59 p.m.
DST. Operations may be conducted on a 7-day per week basis, 24-hour per day period. SOAR
expects to operate mainly through the months of April through August each year. Depending on the
availability of personnel and equipment, seeding operations may be performed during the months of
October through April
Cloud treatment with aircraft will be at altitudes immediately below cloud base (base seeding) and
the altitudes where the ambient temperature is at or below freezing (typically about –5 C) (top
seeding). Cloud penetrations at altitudes up to 25,000 feet may be required, subject to safety
considerations.
Weather forecasts for the cloud seeding operations will be prepared by the project meteorologist
located in the Operations Center. Information from the National Weather Service will be utilized.
II. Equipment and Personnel
a. The Weather Decision Technologies (WDT) Next Generation Weather
Radar (NEXRAD) radar feed ingests radar data from the WSR -88D National
Weather Service (NWS) S-band (10 cm) NEXRAD radars sites in Frederick,
Oklahoma and at Dyess Air Force Base in Abilene, Texas. These NWS
NEXRAD sites cover the WF target area. NEXRAD 10-centimeter
wavelength radars do not attenuate appreciably in heavy rain, and are
operated continuously unless they are down for maintenance. In addition,
the NEXRAD radars have a clutter-removal algorithm that eliminates most of
the ground clutter and false rainfall produced during periods of anomalous
propagation. NEXRAD data is run through software called Thunderstorm
Identification Tracking Analysis & Nowcasting (TITAN) as a graphic user
interface, enabling the radar meteorologist to identify and track echoes and
calculate their properties for real time weather modification operations and
post analysis.
b. The radar meteorologist will have access to radio communication equipment
to direct the seeder and research aircraft in and around clouds.
Geostationary Positioning Satellite (GPS) latitude and longitude data from
each aircraft are collected and viewed on TITAN. This is accomplished using
the Airborne Data Acquisition and Telemetry System (DTS). The basic
design of this system consists of a GPS receiver within the aircraft and a
radio modem on-board. Aircraft data such as latitude, longitude, altitude,
and ground speed are transmitted to the SOAR office and received via a
UHF antenna and receiver. Data is then ingested in TITAN and displayed in
the active window. The radar meteorologist is then able to vector the aircraft
towards the area of interest within an echoing cloud.
c. Current meteorological surface conditions can be accessed from the onsite
SOAR weather station at the Kickapoo Airport. Data from the West Texas
Mesonet is also available. The Mesonet consists of networks of research
grade meteorological instrumentation that provides weather data on a finer
scale then is currently available in any other portion of the state of Texas.
The Mesonet also releases upper air soundings to collect upper air
atmospheric data. The West Texas Mesonet employs a Vaisala DigiCORA III
Sounding System to take upper-air observations during interesting weather
events at Reese Center (12 miles west of Lubbock, TX). The Mesonet is
maintained by Texas Tech University.
d. Meteorological surface data, upper air data, satellite images and radar
images can be accessed on a wireless high-speed internet connection. This
data will be useful to the Project Meteorologist/Radar Meteorologist in the
conduct of weather modification operations.
e. An appropriately equipped aircraft will be used in this program. The aircraft is
equipped with Geostationary Positioning Satellite (GPS) receiver with
latitude, longitude, ground speed, altitude and seeding mode logging and
tracking capability. This data is transmitted to the radar central operations
center in real time using a predetermined freq uency and time interval.
Aircraft are also equipped with a base seeding and/or on top seeding
capability.
f. The seeding agents will be either glaciogenic or hygroscopic materials, or
both. The glaciogenic materials will be silver iodide (AgI) or a closely related
material, dispersed from ejectable flares dropped from a flare rack mounted
on the underside of the aircraft fuselage, or from burn -in-place flares
mounted in flare racks on the aircraft wings. Burn -in-place flares containing
a hygroscopic material (likely chlorides) may be used to seed convective
clouds when such application is believed by the project meteorologist to
contribute to the coalescence of cloud water droplets. The hygroscopic
flares burn over a period of several minutes as the aircra ft flies in the
proximity of the cloud base. The seeding agents are not known to be
environmental hazards.
g. The meteorological data and analyses to support the operations are critical
to identify correctly the developing clouds and cloud systems with a hig h
potential for producing precipitation. Consequently, a satellite weather data
system, a well-organized weather forecast method, a complete weather
surveillance radar system, internet access to National Weather Service
products (e.g., soundings, upper air charts, and forecasts) and well-trained,
dedicated personnel will ensure adequate surveillance of ongoing weather
conditions throughout the project’s operational period.
h. The project meteorologist will use all available data to develop weather
forecasts, analyze clouds for seedability criteria, and launch aircraft on
seeding missions, as appropriate. He/she will issue orders to commence
seeding, taking into account the pilot's observations of cloud conditions and
seed/no seed orders from the SOAR meteorologist.
i. Representatives of each county may monitor rainfall data, evaluation
information, seedability criteria, and overall project operations. He/she may
coordinate with the project meteorologist to improve efficiency and efficacy of
seeding operations. Representatives may also monitor the status of soil
moisture and flood potential in target counties to advise the project
meteorologist.
j. Said representatives of each county may monitor in the operational area and
will issue "no seed" orders where additional rainfall would be harmful in
flooding or agricultural operations, such as planting or harvesting.
III. Climate and Hazardous Weather
a. The climate of the target and operational areas of the proposed weather modification
program is semi-arid, with annual rainfall in the range of 15 to 20 inches.
b. The target and operational areas are subject to occasional tornadoes, high winds, flood-
producing heavy rainfall, and large hail from severe thunderstorms. The
meteorologists and pilots will be familiar with indicators of
potential/imminent/occurring severe weather, to include interpretation of radar echo
patterns (e.g., hook echoes, hail shafts, overshooting tops, and line-echo-wave
patterns), and interpretation of visual information of thunderstorms (e.g., shelf and wall
clouds, mammatus clouds, overshooting tops, and rotation of cloud elements).
c. Pilots will not approach or operate in any thunderstorm cell that poses a threat to
aircraft. No seeding operations will be conducted in or near any severe thunderstorm
cell or developing cell with a reasonable potential to become a severe thunderstorm.
Severe thunderstorm cells may be identified by the project meteorologist, the pilots, or
by National Weather Service in the form of a Severe Thunderstorm or Tornado
Warning for a specific storm. Cloud seeding operations will also be suspended in any
county with a Flash Flood Warning issued by the National Weather Service.
d. Seeding operations are permitted within a county for which the National Weather
Service has issued a severe weather warning, only if and as long as the cloud or clouds
to be treated are not associated with the cloud system whose severe intensity has
prompted the National Weather Service to issue a warning for that county. Pilots will
be instructed not to approach any cloud or cloud system in which any dangerous
conditions are known or are believed to exist.
IV. Methodology
a. Pilots will conduct seeding operations only in the operational area. They will be
provided with aerial maps with operational and target areas clearly marked. The
meteorologist will advise the pilots, based on the aircraft indicator (from GPS) on
TITAN, of their proximity to the project boundaries. Clouds moving into the
operational area will be evaluated for seedability potential with the TITAN radar
system and for severe potential with sources noted previously. The pilots will be
informed of these potentials. In some cases, clouds moving into the operational area
will have been in the target area of an adjacent cloud seeding project. Eventually, the
project meteorologists in each project will be in communication about the seeding
history of these thunderstorms, either to continue or to suspend seeding operations.
b. Cold frontal thunderstorm lines, pre-frontal squall lines, and dry line squall lines are
the mesoscale and synoptic scale weather patterns that produce the optimal conditions
for cloud seeding. These normally approach from the west to northwest, although
individual cells form and move from southwest to northeast on the steering winds
aloft. These optimal weather patterns are most numerous from late spring to early
summer (April to mid-June), then again from late summer to mid-fall (late August to
early October).
Summer-time convergence zones associated with low surface pressure or cold air aloft
will produce seedable thunderstorms. These thunderstorm cells typically are not
organized into lines and could move from any direction, although much slower than
the spring or fall thunderstorms.
Tropical air masses moving from the southeast (e.g., decaying tropical storms) will
produce rainfall, sometimes very heavy localized rainfall. These are not high priority
seeding opportunities; experience indicates that there is a limited response to seeding.
Additionally, flash flood watches and warnings associated with these systems would
limit or preclude seeding activity.
Overrunning situations, primarily in the colder months of the year, will produce
rainfall from thunderstorms overriding a cold air dome. These thunderstorms are
usually embedded in layer clouds, and are not candidates for seeding. Aircraft safety,
accurate placement of seeding agents, and relative non-responsiveness are determining
factors.
Isolated to scattered summertime air mass thunderstorms will be seeded as
appropriate.
c. The project meteorologist will continually advise pilots of severe thunderstorm activity
within or moving into the operational area. Both the meteorologist and the pilot are
responsible to ensure that seeding operations are not conducted in or near severe
thunderstorms, as defined by the National Weather Service.
d. The seeding material application rates will be determined by the latest information
available from the weather modification community.
e. Clouds selected for seeding should have updrafts that would carry substantial
quantities of water vapor and cloud droplets to an altitude where glaciogenic seeding
agents will be effective as nuclei for ice crystal formation and growth.
The formation and growth of ice crystals sets in motion a chain of events that produces
rainfall when the ice crystals grow at the expense of supercooled water droplets,
coalesce with other ice crystals (snow), and fall through the freezing level to produce
large water droplets, which become rainfall. In clouds with a continental character,
the total cloud water is of the order of 1 gm m-3 or greater. The portion of clouds
above the freezing level will freeze rather slowly (glaciate) in the absence of abundant
natural ice crystal nuclei, which gives a large time window of opportunity for seeding.
Seeding may be conducted in either cloud tops or in cloud bases. Cloud top seeding is
conducted within the cloud when the cloud tower (towering cumulus) first reaches an
altitude where the ambient temperature is about –5 C. Cloud top seeding is not
conducted in mature thunderstorms due to flight safety reasons. Cloud base seeding is
conducted at or below the cloud base in the updraft areas of towering cumulus or
cumulonimbus clouds. Cloud base seeding may be conducted in the updraft area of
thunderstorms that are currently producing rainfall (in the downdraft area).
f. The application rate of seeding material, the timing of the release of the materials, and
the concomitant concentration of the material within the cloud volume, are critical to
the success of the program. The initial cloud seeding tactics for this Project will be
based on the operational experience of other weather modification projects.
V. Evaluation
a. Evaluation of the cloud seeding efforts is crucial to achieving and increasing the
effectiveness of the rainfall. Effectiveness is important to the project sponsors for
continued program support and to the contractors for continued improvement of
operations. A thorough statistical and scientific evaluation will not be possible, due
to the lack of resources that would be required. The archived data such as that
generated from the TITAN software program will be evaluated. The SOAR program
will provide an evaluation of the effectiveness of the seeding. The information
obtained from evaluations will be compared to baseline evaluation information. The
seeding criteria and the delivery of the seeding materials will be refined. Rainfall
data will be collected from any available source.
b. All reports describing the program and the analyses of the evaluation data will be
provided to TDLR.
Agreement between City of Wichita Falls and ____________________________
to Pay for Part of the City’s Expenses of Cloud Seeding
The City of Wichita Falls, a Texas municipal corporation (“City”) and ___________________, a
Texas ________________________, (“Participant”) of ________________________
County(ies) hereby contract regarding weather modification operations, and agree as follows:
WHEREAS, City has applied for a weather modification license and weather modification permit
from the State of Texas’ Department of Licensing and Regulation, hereinafter referred to as
“TDLR,” pursuant to 16 TAC § 79.1, et. seq., for cloud seeding activities within the operational
area and target area identified in the attached Map depicting Operational Area and Target
Area;
WHEREAS, the City intends to contract for the performance of cloud seeding activities over t he
seasonal operational period (the “Operational Period”) from April 1st to August 31st;
WHEREAS, the City’s contract for the performance of cloud seeding activities is expected to be
with the Seeding Operations and Atmospheric Research (SOAR), LLC.; and
WHEREAS, Participant has an interest in inducing the City to enter and maintain its cloud
seeding operations and provide an opportunity for increased rainfall in Participant’s county(ies)
that are within the Operational Area and Target Area.
NOW, THEREFORE, the parties agree as follows:
1. Participant agrees to pay to City $__________ per month for each of the five months of the
year that the City performs weather modification operations through a third party during the
Operational Periods. If the City (1) terminates its underlying contract for cloud see ding operations
for any part of the Operational Periods or (2) removes the Participant’s county(ies) from the
City’s Operational and Target Area, then the City will not demand payment for the part of said
Operational Periods for which the City did not have an active contract to perform cloud seeding
operations, including the Participant’s county(ies) as part of the target area.
2. The initial term of this agreement will be for a period of one year from ____________, 201 5,
and it shall automatically renew for subsequent annual terms unless earlier terminated.
Notwithstanding, either party may terminate this agreement at any time, with or without cause, on
30 days written notice to the other party.
3. City and Participant understand that productive cloud seeding can only occur at locations
where certain types of cloud systems develop. The City’s inclusion of Participant’s county(ies) in
the City’s contractually established Operational and Target Area is Participant’s sole
consideration, and Participant agrees that such inclusion is beneficial and constitutes valid
consideration.
4. Participant shall provide monthly payments in full at least 10 days prior to the first day of each
month during the Operational Period. Any payment due but not received by said date will cau se a
temporary suspension of services provided for in this contract for the following month.
5. Participant and City have reviewed the terms of this agreement. Neither party has superior
bargaining power, and Participant enters this agreement of its own free will.
6. Parties acknowledge that there are no guarantees that the proper climatic condition will
produce the types of cloud systems necessary for City’s cloud seeding program. Further, the
Parties acknowledge that even should the necessary cloud systems develop, there are no
guarantees that such systems will develop at locations which would likely provide additional
rainfall to Participant’s county(ies) or that the City will be in a position to recognize, prioritize or
seed any cloud systems in Participant’s county(ies). As such, City is not representing to
Participant that Participant’s county(ies) will receive rainfall or that Participant’s county(ies) will
receive additional amounts of rainfall.
7. This contract will be governed by Texas law. Sole venue for any legal action related to this
contract shall be in Wichita County, Texas.
8. Cloud seeding carries the potential for contributing to heavy precipitation. Participant agrees to
release the City and the City’s officers, agents, and employees from all claims for damage to
Participant’s property resulting from the cloud seeding activities performed by the City and/or the
City’s contractors. Participant shall release the City from claims by Participant pursuant to this
clause regardless of the negligence of the City or the City’s officers, agents, employees or cloud
seeding contractors in the planning or performance of cloud seeding operations. This release is
not an indemnity for third party claims. Neither party waives any immunity or defense from suit by
third parties pursuant to this contract. Participant is not a partner or joint venturer in any cloud
seeding operation performed by the City. This contract has no intended third party beneficiaries.
This contract does not authorize or consent to any suit by any third party against Participant or
City.
9. If Participant is a government entity, then this is a valid interlocal agreement pursuant to Texas
Government Code Chapter 791. Both parties warrant that (a) the services performed by each of
them are necessary and authorized for activities that are purposely within their statutory functions
and programs; (b) they have the authority to contract for the services; (c) they have all necessary
power and have received all necessary approval to execute and deliver this agreement; and (d) the
representatives signing this agreement on their behalf have authority from their respective
governing bodies to sign this agreement.
Executed this the ________ day o f ________________________, 2015.
City of Wichita Falls Participant
By: ________________________ By: ____________________________
Darron Leiker, City Manager ____________________________
Name & Title
Attest: Attest:
____________________________ ____________________________
City Clerk ____________________________
Name & Title
Approved as to Form:
____________________________
City Attorney
Map depicting Operational Area and Target Area