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Min 04/12/1962 419 - Wichita Falls, Texas Memorial Auditorium Bldg. April 12,, 1962 session The Board of Aldermen of the City of WichitaFalls,,Texas, met in special called ., on the above date., in the Council Room of the Memorial Auditorium Bldg.., at 1:40 o'clock P.M.., to consider proposal of the CorM of ArnW Engineers with reference to rehabilitation of Lake Kemp Dam and Spillway, with the following members present: John J. Gavin Mayor J.Winston Wallander Dr. D. Clifford Burross Dr. Al T. Witcher Aldermen R. V. (Pete) Claytor Don Wade Absent: 0. D. McBride - Alderman C. J. Griggs City Manager H. P. Hodge Jr. City Attorney A. L. Fitts City Clerk Also present were.- Directors of Wichita County Water Control & Improvement District #2: C. E. Birk President Rufus King Secretary Carl Williamson Director Kindel Paulk Director Fenton Dale Director Fred Parkey General Manager Jack Connell Attorney - - - - - - - - - - Mayor Gavin requested Alderman Wallander to give the Invocation. - - - - - - - - - - Resolution No, 489 was presented and read by Mayor John Gavin. The Resolution was discussed by all ,present. RESOLUTION NO. 489 WHEREAS,, the Corps of Engineers., under authority of resolution adopted 16 April., 19592 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 conjunction with its irrigation, water supply, and other related us e s; and., WHEREAS, it is proposed by the Corps of Engineers that the modification and re- habilitation of the Lake Kemp project be accomplished by the Federal Government; and., WHEREAS, it is proposed by the Corps of 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 400d control will be in accordance withSection 7 of the Flood Control Act approved December 22., 1941+., 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 interest annually for that portion of the operation., maintenance and major replacement costs allocated to the flood control function of the project; and., 420 Resolution No. 489 - con't WHEREAS, the Corps of Engineers has requested assuance5 of local participation; and, WHERFAS, it is understood that such assurances do not commit the Federal Goverment to construction of the proposed improvements; and., WHERFAS I 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 aboperation; NOW., THEREFOREs, 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 Improvenent 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 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 better- ments; (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 WichitaFalls and prevent further encroachment; and W Reimburse the United States for the reconstruction costs allocated to con- servation purposes., amounting to about 23 percent of the net construction costs, (exclu- sive of cost of additional lands)., innot more than 50 equal annual payments with interests, beginning at the time construction is complete. - - - - - - - - - - Moved by Alderman Wallander that Resolution No. 489 be approved and passed, Motion seconded by Alderman Claytor and carried by the following vote: Yeas.* AldermenWallander., Burross., Witcher., Claytor and Wade. Nays: None. - - - - - - - - - - Mayor Gavin was then authorized to sign a letter of transmission to be sent with a copy of the Resolution. - - - - - - - - - - C. E. Birk, President of Wichita County Water Improvement District No. 2s, then called the Board of Directors of WCWI No. 2 to order. Moved by Kindel Faulk., Director to pass and approve the same Resolution, Motion seconded by Rufus King., Directors, and carried by unanimous vote, Moved by Alderman Claytor that the meeting be adjourned. Motion seconded by AldemanWitcher and carried. The Board of Aldermen then adjourned at 2-30 o'clock P.M. APPROVED this the of 441,11� 19J62, Mayor ATTEST: e'--7 City Clerk