Res 081-2015 8/18/2015
Resolution No. _81-2015_
Resolution authorizing the City Manager to execute an Engineering
Services Agreement with Freese and Nichols , Inc. for the Wichita
River Floodplain Study for a total fee not to exceed $70,000
WHEREAS, the City of Wichita Falls has determined that there is a necessity to
complete the Wichita River Floodplain Study; and,
WHEREAS, the City has determined Freese and Nichols , Inc. to be a competent
engineering firm capable of performing this work .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager of the City of Wichita Falls is hereby authorized to execute an
agreement with Freese and Nichols, Inc., in an estimated total amount of $70,000, the
City Manager is authorized to execute an Engineering Services Agreement for the City
with said Contractor for the completion of the Wichita River Floodplain Study , and the
City Manager is authorized to execute an interlocal agreement with Wichita County for
reimbursement.
PASSED AND APPROVED this the 18th day of August, 2015.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
Agreement between City of Wichita Falls and Wichita County, Texas,
to Pay for Part of the City’s Expenses of Flood Inundation Mapping
The City of Wichita Falls, a Texas municipal corporation (“City”) and Wichita County, Texas
(“County”), hereby contract to share the expenses for the creation of flood inundation mapping, and agree as
follows:
WHEREAS, the City intends to contract for the creation of flood inundation mapping; and,
WHEREAS, the City’s contract for the creation of a flood inundation mapping model is expected to be
with Freese and Nichols; and,
WHEREAS, County has an interest in inducing the City to enter into said agreement with Freese and
Nichols, provided the model extends into Wichita County.
NOW, THEREFORE, the parties agree as follows:
1. County agrees to pay to City $5,000 toward the cost of funding the extension of the flooding
inundation model into the county limits as shown on Exhibit A. If for any reason the City removes the county
extension from the flood inundation mapping model, then the City will not demand payment from County.
2. County and City have reviewed the terms of this agreement. Neither party has superior bargaining
power, and County enters this agreement of its own free will.
3. This contract will be governed by Texas law. Sole venue for any legal action related to this
contract shall be in Wichita County, Texas.
4. If County 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 of ________________________, 2015.
City of Wichita Falls County
By: ________________________ By: ______________________________
Darron Leiker, City Manager Woodrow W. Gossom, County Judge
Attest: Attest:
______________________________ ______________________________
City Clerk ______________________________
Name & Title
Approved as to Form:
______________________________
City Attorney