Res 010-2003 2/4/2003RESOLUTION NO. t(' ) C ( -�
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE A
SUPPLEMENTAL AGREEMENT WITH THE UNITED STATES OF
AMERICA FOR THE FLOOD CONTROL OPERATIONS AT LAKE KEMP;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls and the Wichita County Water Improvement
District #2 are parties to an agreement with the United States of America, under
Contract No. DACW56 -67 -C -0252, for the operations of Lake Kemp; and
WHEREAS, the rights of the City and Water District were suspended on July 1,
2002; and
WHEREAS, it is the desire of the City, the Water District, and the United States
Governments to maintain flood control operations at Lake Kemp.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . The Mayor is hereby authorized to execute Supplemental
Agreement P -0004 between the United States of America and the City of Wichita Falls.
A copy of the supplemental agreement is attached hereto and made a part hereof for all
purposes.
SECTION 2 . It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 4th day of February, 2003.
MAYOR
ATTEST:
City Clerk
SUPPLEMENTAL AGREEMENT P00004
TO
8�
CONTRACT NO. DACW56 -67 -C -0252
BETWEEN THE UNITED STATES OF AMEF
THE CITY OF WICHITA FALLS, TEXAS
VIM
THE WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2
FOR SHARING OF RECONSTRUCTION COSTS OF
LAKE KEMP, WICHITA RIVER, TEXAS
THIS SUPPLEMENTAL AGREEMENT (hereinafter called the "Agreement ") is
entered into on this day of , by and between THE UNITED
STATES OF AMERICA (hereinafter Called the "Government "), represented by the
District Engineer for the Tulsa District of the U. S. Army Corps of Engineers. THE
CITY OF WICHITA FALLS, TEXAS (hereinafter called "City "), represented by the
Mayor, and THE WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2
(hereinafter called "Water District'), represented by the President.
WHEREAS, the rights of the City and Water District under Contract No.
DACW56 -67 -C -0252 were suspended on July 1, 2002; and
WHEREAS, the City, the Water District and the Government desire to maintain
flood control operations at Lake Kemp to protect the public; and
WHEREAS, the parties to this Agreement also agree that all terms and conditions
set forth in the Contract for Sharing of Reconstruction Costs Lake Kemp, Wichita River,
Texas, Contract No. DACW56 -67 -C -0252 shall not be waived, changed or varied by this
Agreement and shall remain in full force and effect; and
WHEREAS, the Government, the City, and the Water District desire to enter into
this Agreement whereby the City and the Water District, shall be able to provide flood
control operations at Lake Kemp, Wichita River, Texas during pendency of the
anticipated litigation related to suspension of the rights of the City and the Water District;
NOW THEREFOR, it is agreed by the Government, the City and the Water
District as follows:
ARTICLE 1. Rights of City and the Water District.
(a) The rights of the City and the Water District under Contract No. DACW56 -67 -C-
0252 were suspended on July 1, 2002.
(b) The City and the Water District recognize that providing flood control operations
at Lake Kemp is essential for the safety of the public.
(c) The City and Water District agree to continue to provide flood control operations
at Lake Kemp during pendency of the anticipated litigation related to suspension of the
rights of the City and Water District.
ARTICLE 2. Payments. The Government shall subject to the availability of funds,
reimburse the Water District monthly for the prior month's share allocated to flood
control, which is 51.6 percent of actual operation, maintenance, and replacement costs
incurred by the Water District during the previous month during pendency of the
anticipated litigation related to suspension of the rights of the City and the Water District.
ARTICLE 3. Further Obligations.
(a) All terms and conditions set forth in the water storage contract No. DACW56 -67-
C- 0252 are not waived, changed or varied by this Agreement and remain in full force and
effect.
(b) This Agreement shall not be construed to affect any claims, defenses, rights,
liabilities or obligations of the parties in the anticipated litigation.
ARTICLE 4. Approval of Agreement. This Agreement shall be subject to the written
approval of the Secretary of the Army or his duly authorized representative and shall not
be binding until so approved and becomes effective upon execution thereof by proper
officials for the Government, the City, and the Water District.
CERTIFICATION
I, Lydia Tnrr G hereby certify that I am the City Clerk
of the City of Wichita Falls of the State of Texas; that William K. Altman, who
signed this Agreement on behalf of the City of Wichita Falls, Texas was then Mayor of
said City; that said Agreement was duly signed for and on behalf of said City by
authority of its governing body, and is within the scope of its legal powers.
IN WITNESS WHEREOF, I have hereunto affixed by hand the seal of the City of
Wichita Falls of the State of Texas, this 4th day of February 2003 .
(Seal)
U
AGREED to this day of , for the UNITED STATES OF
AMERICA
Robert L. Suthard, Jr.
Colonel, U. S. Army
District Engineer
AGREED to this 4th day of February 2003 , for the CITY OF WICHITA
FALLS, TEXAS
W D.PzJa,,.,._ 1C. AQBn1�tin�
William K. Altman
Mayor
ATTEST:
By
City Clerk
AGREED to this ie day of DECEMBER 2002 ,
ICT NO.2 for the WICHITA COUNTY
WATER IMPROVEMENT DISTR.
Je a Flick
Pre ident
ATTEST:
By - yZ .� 7
M.E. (Eddie) Huffman
Secretary
CERTIFICATION
1, M.E. (EDDIE) HUFFMAN , hereby certify that I am the SECRETARY
of the Wichita County Water Improvement District No. 2 of the State of Texas;
That Jesse Flick who signed this Agreement on behalf of the Wichita County Water
Improvement District No. 2, was then President of said Water District; that said
Agreement was duly signed for and on behalf of said Water District by authority of its
governing body, and is within the scope of its legal powers.
IN WITNESS WHEREOF, I have hereunto affixed my hand the seal of the
Wichita County Water Improvement District No. 2 of the State of Texas, this 18
day of December , 2002
(Seal)
Attest:
C14'4- _:��"-'V
Je a lick, President
M.E. (Eddie) Huffman, Secretary