HomeMy WebLinkAboutRes2002-022
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Sponsored by: Janke
CITY OF SEWARD, ALASKA
RESOLUTION 2002-022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING A SUPPLEMENTAL AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA AND THE CITY OF SEWARD,
ALASKA FOR LOCAL COOPERATION FOR REPAIRS TO THE LOWELL
CREEK TUNNEL REHABILITATION PROJECT, AT FEDERAL EXPENSE
IN THE AMOUNT OF 3 MILLION DOLLARS, AND AUTHORIZING THE
CITY MANAGER OR HIS DESIGNEE TO SIGN THE AGREEMENT AND
ANY ASSOCIATED DOCUMENTS
WHEREAS, pursuant to Charter Section 9.1, agreements may be made by the council with
the United States of America ("United States") unless otherwise provided by law; and
WHEREAS, pursuant to Charter Section 9.2, the City of Seward ("City") may cooperate
with the United States on matters of common interest; and
WHEREAS, pursuant to Charter Section 12.1, the power to authorize contracts on behalf of
the City is vested in the council, and contracts shall be signed on behalf of the City by the city
manager and the city clerk; and
WHEREAS, on November 8, 1990, the City and the United States entered into a local
cooperation agreement for emergency repair of the tunnel invert of the Lowell Creek Tunnel in
Seward, Alaska, as authorized by the Public Law 84-99,69 Stat. 186 (June 28, 1955) as amended;
and
WHEREAS, the Secretary of the Army was authorized by Section 510 of the Water
Resources and Development Act of 2000, Public Law 106-541, and the Energy and Water
Development Appropriations Act, Public Law 106-60, to carry out, on an emergency, one-time basis,
necessary repairs of the Lowell Creek Tunnel in Seward, Alaska, at Federal expense and at a total
cost to the United States of3 million dollars; and
WHEREAS, the parties desire to enter into an agreement supplementing that certain above-
mentioned November 8, 1990 agreement to complete the repairs to Lowell Creek Tunnel under the
terms and conditions as provided by that certain "Supplemental Agreement Between The United
States of America and The City of Seward, Alaska for Local Cooperation for Repairs to the Lowell
Creek Tunnel Rehabilitation Project," together with associated documents attached as Exhibit A
hereto and incorporated herein by this reference.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
CITY OF SEWARD, ALASKA
RESOLUTION 2002-022
Section 1. The recitals are incorporated herein by reference. The "Supplemental Agreement
Between The United States of America and The City of Seward, Alaska for Local Cooperation for
Repairs to the Lowell Creek Tunnel Rehabilitation Project," together with associated documents
attached as Exhibit A hereto and incorporated herein by this reference, are hereby approved in
substantial form thereto, and the City Manager, W. Scott Janke, or in his absence, such other
designated acting City Manger, is authorized to sign the agreement and any associated documents and
to make such changes to the agreement and associated documents as may be necessary to effect the
intent of this resolution without changing the substantive terms of the agreement.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 1st day
of March, 2002.
THE CITY OF SEWARD, ALASKA
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Edgar Blatchford, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
Branson, Shafer, Clark, Brossow, Blatchford
None
Calhoon, Orr
None
ATTEST:
ff-:7?_ '/'k:7~ A "-
:;,. a4Au4' / ,<-~V'-
~~trick Reilly
City Clerk
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