HomeMy WebLinkAbout7084RESOLUTION NO.
7,084
A RESOLUTION REQUESTING THE CORPS OF ENGINEERS
TO CONSIDER THE CLOVERDALE DRAIN 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
on the Cloverdale Drain 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, THEREFORE, 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 Cloverdale Drain 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 FURTHER 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 agree-
ment; and
b. Deliver to the United States of America a copy of this Resolu-
tion and the original and two of the Agreement, when required.
ADOPTED: November 1, 1983
ATTEST: APPROVED:
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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:
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(1) Provide without cost to the United States all lands, easements,
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.
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d. The City hereby gives the Government a right to enter, at reasonable
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.
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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:
BY
FOR THE SECRETARY OF THE ARMY
Mayor
DATE: DATE:
APPROVED:
, ATTORNEY
For Little Rock, Arkansas
CERTIFICATION
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
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