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HomeMy WebLinkAboutRes1987-086 . . . 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. -1- . . . 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) -2- RESOLUTION NO. 87-086 ATTCHMENT . 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: . 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 . 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: 2 . . . . 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 -1- . . . 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 -2-