HomeMy WebLinkAboutRes1987-086
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Sponsored by:
Garzini
CITY OF SEWARD, ALASKA
RESOLUTION NO. 87-086
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A LOCAL COOPERATION AGREEMENT FOR THE
REPAIR OF LOWELL CREEK TUNNEL AS REQUIRED BY
THE U. S. ARMY CORPS OF ENGINEERS
WHEREAS, the Lowell Creek Diversion Tunnel was damaged
by the October 1986 flood and presents a risk of failure and
blockage which could result in flooding of the city if not
corrected; and
WHEREAS, the Corps of Engineers has developed a project
to accomplish repair of flood damage during the coming
winter; and
WHEREAS, the federal law authorizing this work by the
Corps of Engineers requires the city to furnish certain
items of local cooperation before the project can be con-
structed; and
WHEREAS, the Corps of Engineers has provided a Local
Cooperation Agreement for the Lowell Creek Tunnel Rehabil-
itation Project for execution by the city; and
WHEREAS, some erosion of the tunnel took place prior to
the flood where erosion protection had not been replaced
during the city's repair project of 1983-84; and
WHEREAS, the Corps of Engineers has determined that
replacement of erosion protection not included in this
project is the responsibility of the city under the original
Local Cooperation Agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. The city manager is hereby authorized to
execute the Local Cooperation Agreement for Lowell Creek
Tunnel Rehabilitation Project, a copy of which is attached
and incorporated herein by reference.
Section 2. The city manager is further instructed to
begin planning to re-establish erosion control in the
remainder of the tunnel as required by the Corps of Engi-
neers.
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 87-086
Section 3. This resolution shall take effect immedi-
ately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, this 14 day of September , 19 87.
THE CITY OF SEWARD, ALASKA
MAYOR
AYES:
NOES:
ABSENT:
ABSTAIN:
BOOHER, GIESELER, HILTON, MEEHAN, NOLL & SIMUTIS
NONE
DUNHAM
NONE
ATTEST:
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the City of Seward, AK
7~ r&~
Fred B. Arvi son
City Attorney
(City Seal)
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RESOLUTION NO. 87-086
ATTCHMENT
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Agreement Between
The United states of America
and
The City of Seward, Alaska
For Local cooperation for the
LOWELL CREEK TUNNEL REHABILITATION PROJECT
THIS AGREEMENT, entered this day of , 1987, by and
between the UNITED STATES OF AMERICA (hereinafter called the
"Government"), represented by the Contracting Officer executing this
agreement, and the CITY OF SEWARD, Alaska (hereinafter called the "City"),
represented by its City Council,
WITNESSETH THAT:
WHEREAS, emergency repair of the tunnel invert of the Lowell Creek
Flood Control project, Seward, Alaska, is authorized by Public Law 84-99
(June 28, 1955) as amended: and
WHEREAS, the City hereby represents that it has the authority and
capability to furnish such assurances as required under the provisions of
33 U.S.C. 70lc:
NOW THEREFORE, the parties agree as follows:
1. That, upon notification that the Government will commence
.construction of the Lowell Creek Tunnel Rehabilitation Project under a
standard Corps of Engineers construction contract in accordance with
Federal legislation authorizing such project, the city shall, in
consideration therefore, fulfill the requirements of non-Federal
cooperation as follows:
a. Provide without cost to the Government all lands, easements, and
rights-of-way necessary for the project, including mater!al borrow
sources, and access thereto:
b. Accomplish without cost to the Government all alterations and
relocations of streets, utilities, and other public structures, and
improvements necessary for construction of the project:
c. Maintain and operate the entire Lowell Creek Flood Control
Project, including the rehabilitation project after completion, without
cost to the United States, in accordance with regulations prescribed by
the Secretary of the Army:
d. Hold and save the Government free from damages due to
construction, operation and maintenance of the project, except where such
damages are due to the fault or negligence of the Government or its
contractors:
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RESOLUTION NO. 87-086
ATTACHMENT
e. Comply with section 601 of Title VI of the civil Rights Act of
1964 (Public Law 88-352) and all applicable provisions of sections 210
end 305 of the Uniform Relocation Assistance and Land Acquisition
olicy Act of 1970 (Public Law 91-646).
2. The City shall give the Government a right to enter upon, at
reasonable times and in a reasonable manner, lands which the City owns
or controls for access to the project for the purpose of inspection and
for the purpose of completing the project, if such inspection shows
that the City for any reason is failing to repair and maintain the
project in accordance with assurances hereunder and has persisted in
such failure after a reasonable notice in writing by the Government
delivered to the City Manager. No operation or repair and maintenance
by the Government in such event, shall operate to relieve the City of
the responsibility to meet its obligations under this agreement, or to
preclude the Government from pursuing any other remedy at law or
equity.
IN WITNESS WHEREOF, the parties hereto have executed this contract
the day and year first hereinabove written.
THE UNITED STATES OF AMERICA
APPROVED:
THE CITY OF SEWARD, ALASKA
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By:
Wilbur T. Gregory, Jr.,
Colonel, Corps of Engineers
Contracting Officer
By:
Ron A. Garzini
City Manager
FOR THE SECRETARY OF THE ARMY
Date:
Date:
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Sponsored by: Garzini
CITY OF SEWARD, ALASKA
RESOLUTION NO. 87-087
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, AMENDING RESOLUTION NO. 87-049 BY
DELETING THE BOATLIFT TRAVEL CHARGE
WHEREAS, the original intent of the boatlift travel
charge was to discourage use of the boatlift beyond the
limits of city-owned property; and
WHEREAS, over the years, the demand for boat storage as
increased as the area available for storage on city property
has decreased; and
WHEREAS, the city has encouraged boat storage on
private property; and
WHEREAS, the city has increased its monthly storage
rate so that the private sector can compete for boat stor-
age; and
WHEREAS, in order to further encourage boat owners to
store their boats in privately operated storage facilities,
it is necessary to eliminate the boatlift travel charge for
moving the lift from city property; and
WHEREAS, the cost of operating the lift will be compen-
sated by payment of the hourly fee for use of the boat lift;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SEWARD, ALASKA, that:
Section 1. Resolution No. 87-049 is hereby amended by
deleting Section III(B).
Section 2. This resolution shall take effect immedi-
ately upon its adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, this ~ day of September , 19~
THE CITY OF SEWARD, ALASKA
~,!' ~,-i
gAR . GIESELER, MAYOR
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CITY OF SEWARD, ALASKA
RESOLUTION NO. 87-087
AYES:
NOES:
ABSENT:
ABSTAIN:
BOOHER, GIESELER, HILTON, MEEHAN, NOLL & SIMUTIS
NONE
DUNHAM
NONE
ATTEST:
(City Seal)
APPROVED AS TO FORM:
HUGHES, THORSNESS, GANTZ,
POWELL & BRUNDIN, Attorneys
for the City of Seward, AK
?~ n;/ ~
Fred B. Arvidson
City Attorney
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