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4041 RESOLUTION NO. 4,041 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE UNITED STATES OF AMERICA FOR ALTERATION OF CERTAIN WATERWORKS FACILITIES AND ALSO AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WATER PIPE LINE EASEMENT SUBORDINATION AGREEMENT IN FAVOR OF THE GOVERNMENT WHEREAS, the City of Little Rock, Arkansas, owns its municipal waterworks system, including a 48-inch water supply pipe line extending from Lake Maumelle in Pulaski County, Arkansas, to a point within the municipal boundaries; and WHEREAS, the city also owns 50-foot right of way easements upon which said pipe line is constructed; and WHEREAS, under the authority of Public Law 525 of the 79th Congress, approved July 24, 1946, the United States of America has undertaken the development of a multi-purpose project on the Arkansas River which includes as a feature Lock and Dam No. 7; and WHEREAS, in the construction of that project by the government, it is necessary that the aforementioned easement rights of the city be subordinated to the government in some respects and that the facilities of the city be altered; and WHEREAS, the government has submitted to the city for execution a contract for the alteration of said facilities, under the terms of which the government will reimburse the city for a portion of the cost of alteration, said reimbursement being presently estimated at approximately $212,000.00, and has also submitted an agreement whereby the easement rights of the city in the aforesaid pipe line right of way will be subordinated to the right of the government to inundate the right of way permanently to an elevation 249 feet above sea level and occasionally to an elevation 253 feet above sea level; and WHEREAS, copies of the proposed agreements are attached to and made a part of this resolution; and WHEREAS, the Board of Commissioners of the Little Rock Municipal Water Works has approved said reimbursable contract and subordination agreement; Now, Therefore: BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: Section 1. On behalf of the City of Little Rock, Arkansas, the Mayor and City Clerk are hereby authorized and directed to execute the aforesaid subordination agreement and contract for alteration of waterworks facilities. Section 2. All payments due the City of Little Rock under the provisions of said reimbursable contract shall be forwarded to the Little Rock Municipal Water Works, P. 0. Box 1789, Little Rock, Arkansas 72203, and deposited in the Water Fund. It shall not be the responsibility of the government to see to the disposition of the funds after forwarding the payment as afore- said. ADOPTED: August 5 , 1968. APPROVED: 41' ), ATTEST: 1/41/,� -•i . _ -yor City Clerk AfSEU. - 2 -