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7533M A M M M r■■i oar M � 523 RESOLUTION NO. 7,533 A RESOLUTION REQUESTING THE CORPS OF ENGINEERS TO CONSIDER TAYLOR LOOP CREEK IN THE HIGHWAY 10 AREA FOR FUNDING UNDER SECTION 205 OF THE 1948 FLOOD CONTROL ACT AND EXPRESSING SUPPORT FOR THE PROJECT WHEREAS, the Corps of Engineers is authorized under Section 205 of the 1948 Flood Control Act, as amended, to investigate flooding problems in the Highway 10 area of the Taylor Loop Creek that affect the City of Little Rock, Arkansas, and to recommend construction and necessary appurtenances thereto; and WHEREAS, said construction is subject to assumption by the City of Little Rock, Arkansas, of certain obligations of local cooperation and other commitments more particularly set forth in the sample agreement and made a part hereof as fully as if set forth herein in detail, and WHEREAS, the City of Little Rock is able legally, financially, and otherwise to undertake and fulfill said obligations of local cooperation and other commitments. NOW, THERFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: That the City of Little Rock request the Corps of Engineers to study the Taylor Loop Creek drainage problem. That the City furnish assurances of local cooperation and state the intent to furnish other commitments more particularly set forth in the sample agreement; and BE IT RESOLVED THAT the Mayor of the City of Little Rock, Arkansas, is hereby authorized in conformance with this Resolution to: a. Execute on behalf of the City of Little Rock assurances of local cooperation and other commitments set forth in the sample agreement; and b. Deliver to the United States of America a copy of this Resolution and the original and two of the Agreement, when required. ADOPTED: December 17, 1985 ATTEST: CI LERK E CZECH APPROVED: (+� "��' ♦"Z� MAYOR THOMAS A. FRINCE p -9 r ar r r �r r r �r r r o■� r r S A M P L E AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE CITY OF LITTLE ROCK ARKANSAS THIS AGREEMENT entered into this day of , 19 by and between the UNITED STATES OF AMERICA (hereinafter called the "Government "), represented by the Contracting Officer executing this agreement, and THE CITY OF LITTLE ROCK (hereinafter called "City ") WITNESSETH THAT: WHEREAS to investigate flooding problems and to recommend construction and necessary appurtenances within the city of Little Rock, Arkansas, (hereinafter called the "Project ") and; WHEREAS, the City hereby represents that it has the authority and capability to furnish the non - Federal cooperation required by the Federal legislation authorizing the Project and by other applicable law. NOW THEREFORE, the parties agree as follows: 1. The City agrees that, if the Government shall commence construction of the Project substantially in accordance with Federal legislation authorizing such Project pursuant to Section 205 of the 1948 Flood Control Act, as amended, the City shall, in consideration of the Government commencing construction of such Project: a. Fulfill the requirements of non - Federal cooperation specified in such legislation and other applicable law, to wit: 524 r r rr r r r. r r■ r� r r r, s � (1) Provide without cost to the United States all lands, easements, 5 2 j rights -of -way, access routes, and relocations and alterations of all buildings and utilities, sewers and facilities, structures, objects, encumbrances, streets and city street bridges, except railroad bridges; (2) Hold and save the United States free from damages due to construc- tion, operation, and maintenance of the Project, excepting damage, if any, due to the fault or negligence of the United States or its contractors; (3) Maintain and operate all works after completion in accordance with regulations prescribed by the Secretary of the Army, and (4) Assume full responsibility for all Project costs in excess of the Federal cost limitation of $4 million. b. Comply with the provisions of Section 601 of Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), approved 2 July 1964, that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in connection with the Project. c. Comply with applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646), approved 2 January 1971. W d. The City hereby gives the Government a right to enter, at reasonable 526 ,/ times and in a reasonable manner, upon land which it owns or controls, for access to the Project for the purpose of inspection, and for the purpose of repairing and maintaining the Project, if such inspection shows that the City for any reason is failing to repair and maintain the Project in accordance with the assurances hereunder and has persisted in such failure after a reasonable notice in writing by the Government delivered to the Mayor. No repair and maintenance by the Government in such event shall operate to relieve the City of responsibility to meet its obligations as set forth in paragraph 1 of the Agreement, or to preclude the Government from pursuing any other remedy at law or equity. 97 527 IN WITNESS WHEREOF, the parties hereto have executed this contract as of the day and year first above written. THE UNITED STATES OF AMERICA LITTLE ROCK, ARKANSAS APPROVED: 31 FOR THE SECRETARY OF THE ARMY Mayor DATE: DATE: APPROVED: , ATTORNEY For Little Rock, Arkansas k 9 CERTIFICATION 528 I, , Attorney, for Little Rock, Arkansas, hereby certify that the assurances contained in the foregoing agreement executed by the Mayor of the city of Little Rock, pursuant to a Resolution adopted by the Little Rock City Council on the day of 19 are within the scope of the authority of the Mayor of Little Rock and the City Clerk to -- execute and attest on behalf of the city, and that in my capacity as the attorney for the city, I have considered the legal effects of Section 221 of the 1970 Flood Control Act (Public Law 91 -611) and find that the city of Little Rock is legally and financially capable of entering into the contractual obligations contained in the foregoing Agreement and that, upon acceptance, will be a binding and legally enforceable instrument. Given under my hand at the this day of 19 , Attorney for the city of Little Rock, Arkansas