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11184• 1 RESOLUTION NO. 11,184 2 3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER 4 INTO AN AGREEMENT WITH THE ARMY CORPS OF 5 ENGINEERS, LITTLE ROCK DISTRICT TO REMOVE A 6 BLOCKAGE IN THE OLD CHANNEL FOURCHE CREEK; AND 7 FOR OTHER PURPOSES. 8 9 WHEREAS, the citizens in the Plantation Drive area addressed the Board of Directors 10 approximately one year ago and requested the City to open the Old Channel Fourche Creek near 11 thew property in the area of Pickett Street at the intersection with the Old Channel Fourche Creek to 12 eliminate the standing water and breeding area for mosquitoes, and 13 WHEREAS, those citizens worked with the City to gain permission of the Little Rock Port 14 Authority to do'the work, and 15 WHEREAS, the City sought and has been granted from the Department of the Army Corps 16 of Engineers a Letter of Permission to excavate and dredge sediment to restore river flow to the Old 17 Channel Fourche Creek if the City agrees to enter into an agreement concerning easement 18 structures, and 19 WHEREAS, the condition for granting the Letter of Permission requires the permitee to 20 enter into a Consent to Easement Structures and to provide a corporate certificate acknowledging 21 that such action is taken by authority of the grantee's governing body, 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF 23 THE CITY OF LITTLE ROCK, ARKANSAS: 24 Section 1. The City Manager is authorized to enter into an agreement with the 25 Department of the Army Corps of Engineers, Little Rock District for the issuance of a permit to 26 allow the City to excavate and dredge sediment to restore river flow to the Old Channel Fourche 27 Creek. 28 Section 2. Severability. In the event any section, subsection, subdivision, paragraph, 29 subparagraph, item, sentence, clause, phrase, or word of this resolution is declared or adjudged to be 30 invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions 31 of this resolution which shall remain in full force and effect as if the portion so declared or adjudged 32 invalid or unconstitutional was not originally a part of this resolution. 33 Section 3. Repealer. All laws, ordinances, resolutions, policies, or parts of any such [Pagel of4] 0 • 1 material, in conflict with the provisions of this resolution are hereby repealed to the extent of such 2 inconsistency. 3 Section 4. This Resolution shall be in full force and effect from the date of its adoption. 4 ADOPTED: December 11, 2001 5 6 ATTEST: 7 8 j 9 Nan& Woo /,City Clerk 10 11 12 APPROVED AS TO LEGAL FORM: 13 14 16 Thomas M. Carpenter, City A iey 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 [Page 2 of *X