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HomeMy WebLinkAboutRes1988-094 . . . Sponsored by: Schaefermeyer CITY OF SEWARD, ALASKA RESOLUTION NO. 88-094 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO SIGN A JOINT AGENCY MEMORANDUM OF UNDERSTANDING FOR EXIT GLACIER ROAD WHEREAS, the citizens of Seward, the Seward Chamber of Commerce and the city of Seward have worked and supported the development of a road to Exit Glacier since 1965; and WHEREAS, the Federal Highway Administration has agreed to prepare a design for the reconstruction of Exit Glacier Road using Forest Highway Program funds; and WHEREAS, the Federal Highway Administration has agreed to utilize $350,000 in Forest Highway Program funds to complete reconstruction design for Exit Glacier Road provid- ed that there is a commitment by local government (state of Alaska, Kenai Peninsula Borough and city of Seward) to seek ~$3 Million to match federal funding for the first 3.9 miles of the 7.2 mile road project; and WHEREAS, these funds may be state, borough or city dollars or other in kind contributions; and WHEREAS, the city continues to recognize the regional and local economic benefits that will be derived from the improved access to Exit Glacier Visitors Center within the Kenai Fjords National Park; and WHEREAS, the city will continue to work in whatever capacity it may to seek funding to realize this project's completion; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The city manager is authorized to execute the attached Joint Agency Memorandum of Understanding regarding the reconstruction of Exit Glacier Road. 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 August 1988 -l- . CITY OF SEWARD, ALASKA RESOLUTION NO. 88-094 AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA ~~~,A H RY . GIESEL R, MAYOR DUNHAM, GIESELER, HILTON, MEEHAN, NOLL, O'BRIEN & SIMUTIS NONE NONE NONE APPROVED AS TO FORM: HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN, Attorneys for the City of Seward, AK . . (City Seal) 7~ flI~ Fred B. Arvidson City Attorney -2- RESOLUTION NO. 88-094 . MEMORANDUM OF UNDERSTANDING FOR EXIT GLACIER ROAD (Forest Highway 46) FOREST SERVICE NATIONAL PARK SERVICE FEDERAL HIGHWAY ADMINISTRATION and ALASKA STATE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES and . KENAI PENINSULA BOROUGH and CITY OF SEWARD . Dated 1981 Revised July 1988 . . . #3801J RESOLUTION NO. 88-094 This MEMORANDUM OF UNDERSTANDING, by and between the USDA Forest Service, Region 10, hereinafter called Forest Service; and the National Park Service, hereinafter called Park Service; and the Federal Highway Administration, hereinafter called FHWA; and the State of Alaska Department of Transportation and Public Facilities, hereinafter called State; and the Kenai Peninsula Borough, hereinafter called the Borough; and the City of Seward, hereinafter called City, is entered into for the purpose of establishing responsibilities, participation, and intent of the aforementioned agencies in the construction and maintenance of an improved Exit Glacier Road along Resurrection River near Seward, Alaska. The road starts at a junction with SR 9 and extends approx imate 1y 7.3 mil es to the Resurrect i on Ri ver Bri dge where it becomes a Park Service road within the Kenai Fjords National Park. The Forest Service agrees as follows: 1. Assist in completing a right-of-way map for the road corridor. 2. Support the use of Forest Highway funds to finance the project development activities for upgrading this road. 3. Aid in securing environmental clearances, right-of-way easements, and material sites for reconstructing this road. 4. Provide material sites on Forest Service land in the road corridor to ass i st State per sonne 1 in thei r mai ntenance act i vi ties after the road is upgraded. The Park Service agrees as follows: 1. Support the upgrading of Exit Glacier Road to make it a safe, functional access to the Kenai Fjords National Park. 2. Aid in the development of contract plans by providing landscape/ architectural services as requested. 3. Support the use of Public Lands Highway funds for reconstructing the road through federal land. The Federal Highway Administration agrees as follows: 1. Conduct hydrau1 ic studies in cooperation with agencies signatory to thi s MOU to determi ne the most cost effect i ve method of protect i ng the road from the continuing erosion of Resurrection River. 2. Subject to availability of Forest Highway and/or Public Lands funds, conduct project development and/or contract administration activities including construction management services as requested by other agencies signatory to this MOU. Support the use of Forest Highway funds to finance project development activities on this road. 3. .1. . . RESOLUTION NO. 88-094 -2- The State agrees as follows: The road will be maintained at State expense subject to the same level as other system roads of a simi lar nature. Its priority for maintenance, and if it wi 11 be ma i nta i ned all year or part, wi 11 depend on traffi c volumes and need. 2. Right-of-way staff will be available to pursue acquisition of right-of-way, easements, etc.; such acquisition will be dependent on adequate project funds whi ch the State wi 11 pursue through its Capital Improvement Program Budget Process. 3. Support the use of Forest Highway, Public Lands, Federal-Aid Secondary, State (General), and/or any other potent i a 1 fund i ng source to upgrade this road. 4. Accept ownership of this road after it is improved. The Borough agrees as follows: 1. Support the concept of the Exit Glacier road improvements as a capital project with short-term and long-term economi c benefits to the entire Kenai Peninsula Borough. The Borough strongly supports improved access to important attractions such as Exit Glacier as a component of a long-term strategy to increase the economic value of the visitor industry. 2. Pursue local funding for 50 percent of the cost of the road construction between the Seward Highway and the national forest boundary (I~P 0.0 to MP 3.9). Local funding is expected to be a combination of State Municipal Grant monies, Kenai Peninsula Borough funding, and in-kind services. In-kind service contributions will include making available Borough-owned material sources to aid in construction of the road. 3. Support the upgrading of the road if other agencies and funding are being used to implement these improvements. 4. To maintain the existing Forest Service Special Use Permit to insure the right-of-way for the portion of the road; and to willingly relinquish interest in the permit to the State of Alaska for ownerShip and maintenance of the completed road. The City agrees as follows: 1. Because of its regional and local importance in developing Alaska's visitor industry, the City will continue to support the Exit Glacier Road reconstruction project both politically and administratively by whatever means are available to the City. 2. To maintain the existing Forest Service Special Use Permit to insure the ri ght-of -way for the portion of the road; and to wi 11 i ng ly re 1 i nqu i sh interest in the permit to the State of Alaska for ownership and maintenance of the completed road. . . . RESOLUTION NO. 88-094 -3- 3. Subject to City priorities, make 2 foot minus riprap available at no cost at the City quarry at Fourth of July Creek; and to make other City 1 ands available for material source development. 4. To advocate on behalf of the Borough and/or the State general legislative funding for reconstruction of the Exit Glacier Road. IT IS HEREBY MUTUALLY AGREED THAT: 1. If Federal funds are being used for any portion of the total 7.3 mile project, an environmental clearance document wi 11 be cooperatively prepared by signatory agenc i es to thi s MOU. The agency conduct i ng the project development activities will be the lead agency in the preparation of this document. 2. The Forest Service, Park Service, FHWA, State, and Borough will coordinate their requests for funds to upgrade Exit Glacier Road. This will include any program and budget requests for engineering, construction, right-of-way acquisition, and maintenance. 3. The agency conducting the project development activities will be the lead agency in establishing the geometric standards in cooperation with the other signatory agencies. 4. No member of or delegate to Congress, or resident commissioner shall be admitted to any share or part of this contract or to any benefit to arise therefrom. 5. In carrying out the discrimination against national origin. terms of this agreement, there shall be no any person because of race, creed, color, or Modifications or termination of this agreement may be initiated by any party, and the modifications and terminations will become effective upon concurrence of the other parties. This agreement will become effective as of the date of the last signature by the executing parties. . . . RESOLUTION NO. 88-094 -4- FOREST SERVICE BY TITLE DATE FEDERAL HIGHWAY ADMINISTRATION BY TITLE DATE STATE OF ALASKA DEPARTMENT OF TRANSPORTATION & PUBLIC FACILITIES BY TITLE DATE NATIONAL PARK SERVICE BY TITLE DATE KENAI PENINSULA BOROUGH BY TITLE DATE CITY OF SEWARD BY TITLE DATE ~~ [)/~/ /l~pr/'pf' ~b6 -(b 7.:) ~~~~.~~~~ ~N~7~/r~ ~~. ~~