HomeMy WebLinkAboutRes1980-022
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CITY OF SEWARD
SEWARD, ALASKA
RESOLUTION NO. 80-22
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SEWARD, ALASKA, HEREBY GIVING CERTAIN ASSURANCES TO
THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, IN
CONNECTION WITH THE PROPOSED CONSTRUCTION IMPROVEMENTS
TO THE SEWARD HARBOK EXTENSION.
BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SEWARD, ALASKA, a
first class city and a public agency fully authorized under state laws to
give such assurances and financially capable of fulfulling such measures,
that said city does hereby express its willingness, ability and intent to
provide all items of local cooperation with the Department of the Army,
Corps of Engineers, for the proposed construction of small boat harbor at
Nash Road as follows:
1. Provide without cost to the United States all lands, easements,
and rights-of-ways necessary for the construction and subsequent
maintenance of the project and for aids to navigation upon the request of
the Chief of Engineers, including suitable areas determined by the Chief
of Engineers to be required in the general public interest for initial
and subsequent quarries or quarry rights and disposal of dredged
material, and including necessary retaining dikes and embankments
thereof, or the costs of such retaining work;
2. AccompliSh without cost to the United States all alterations and
relocations as required in streets, utilities, and other structures and
improvements made necessary by the construction;
3. Assume responsibility for all project costs, excluding aids to
navigation provided by the U.S. Coast Guard, in excess of $2,000,000;
4. Enter into a written agreement satisfactory to the Secretary of
the Army concerning accompliShment of the above preconstruction
requirements for the expanded project and that they will:
a. Hold and save the United States free from damages due to
construction, operation, and maintenance of the project, but not
including damages due to the fault or negligence of the United States or
its contractors;
b. Assume responsibility for construction and installation of the
non-Federal dredged mooring basin, the appurtenant mooring facilities and
services, and assume all costs for annual operation and maintenance of
the mooring area;
c.
States,
sale of
Provide, maintain, and operate, without cost to the United
an adequate public landing or wharf with provisions for: the
motor fuel and lubricants, potable water, suitable sanitary
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facilities, and the necessary access roads, parking areas, and other
needed public use shore facilities;
d. Establish a competent and properly constituted body empowerea to
regulate the use, growth, and development of the harbor with the under-
standing that said facilities shall be open to all on equal terms;
e. Reserve anchorage spaces adequate for the accommodation of
transient craft and craft seeking refuge;
f. Establish regulations prohibiting discharge of untreated sewage,
garbage, industrial waste, ana other pollutants into the water of the
harbor by users thereof, which regulations shall be in accordance with
applicable laws or regulations of Federal, State, and local authorities
responsible for pollution prevention and control;
g. Provide a cash contribution to be applied to the cost of Federal
major navigation facilities equal 50 percent of the final construction
cost allocated to recreation;
h. Provide a cash contribution to be applied to the cost of Federal
major navigation facilities equal to 100 percent of the final construc-
tion cost allocated to land enhancement;
i. Retain fee ownership of those lands created by use of Federal
dredged material for economic life of the harbor project and limit
occupancy of the fill area to development activities that are dependent
upon water transportation.
5. Comply ~ith all applicable provisions of Section 210 and 305 of
the Uniform Relocation Assistance and Land Acquisition Policy Act of 1970
(Public Law 91-646), and be bound by the terms of an agreement of assur-
ance pursuant to Section 221 of Public Law 91-611 and agrees that it is
obligated to pay any damages arising from its failure to perform;
6. Agree to comply with Section 601 of Title VI of the Civil Rights
Act of 1964 (PL 88-352).
DATED at Seward, Alaska this 12th day of May 1980
AYES: Cripps, Gillespie, Hugli,
NOES: None
ABSENT: Campbell, Leer, Swartz
Soriano
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ATTEST:
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I certify that this is a true and correct copy of Resolution as passed by
the Seward City Council on May 12, 1980.
CITY CLERK
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