HomeMy WebLinkAbout155-91 RESOLUTION•
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RESOLUTION NO. 155-91
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
A LETTER OF INTENT INDICATING THE CITY'S
INTEREST IN A FLOOD CONTROL PROJECT ON CATO
SPRINGS BRANCH AND TOWN BRANCH.
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BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYERTEVILLE, ARKANSAS:
Section 1. That the Mayor is hereby authorized and
directed to execute a Letter of Intent with the Corps of Engineers
indicating the City's interest in a flood control project on Cato
Springs Branch and Town Branch.
PASSED AND APPROVED this 20th day of August , 1991.
APPROVED:
Mayor (1
ATTEST:
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FAYETTEVILLE
THE CITY OF FAYETEVILLE, ARKANSAS
District Engineer
U. S. Army Corps of Engineers
Little Rock District
P. 0. Box 867
Little Rock, AR 72203
Dear Sir:
According to the results of the reconnaissance study completed
under authority of Section 205 of the 1948 Flood Control Act, as
amended, the Little Rock District Corps of Engineers has identified
an economically feasible solution, with a Federal interest, to the
flood problems along Cato Springs Branch and Town Branch in
Fayetteville, Arkansas.
In this regard, the City of Fayetteville, Arkansas, the
Sponsor, requests the Corps to complete the Reconnaissance Phase
Report, including the Division review. It is our understanding
that upon the successful review of the Reconnaissance Phase Report,
the Corps of Engineers and the City of Fayetteville will negotiate
the scope and total cost of the proposed feasibility study. Upon
completion of the negotiations, the City of Fayetteville will enter
into a 50/50 cost sharing agreement of the feasibility study.
The Sponsor understands that during the feasibility phase, a
study and a detailed project report will be accomplished (a) to
identify and recommend the best solution for the identified
problems; (b) confirm interest in Corps implementation of the
project; (c) develop project design as a basis for preparing plans
and specifications; and (d) produce a draft local cooperation
agreement (LCA) with the sponsor to share project implementation
costs.
The Sponsor is also aware that its responsibility in project
participation includes the following:
a. Provide without cost to the United States all lands,
easements, rights-of-way, access routes, relocations and
alterations of all buildings and utilities, sewers, facilities,
structures, objects, encumbrances, and streets and city street
bridges, necessary for project construction and subsequent
operation and maintenance of the project.
113 WEST MOUNTAIN 72701 501 521-7700
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District Engineer
U.S. Army Engineer District, Little Rock
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b. Hold and save the United States free from damages due to
the construction, operation, and maintenance of the project except
for damages, if any, due to the fault or negligence of the United
States or its contractors.
c. Maintain and operate the project after completion without
cost to the United States in accordance with regulations prescribed
by the Secretary of the Army.
d. Assume full responsibility for all project costs in excess
of the Federal cost limitation, according to statute, of $5
million.
e. Prevent future encroachment which might interfere with
proper functioning of the project for flood control.
f. Execute a local assurance agreement incorporating all
required measures of local cooperation.
During construction, the minimum required non -Federal
contribution will be equal to 25 percent of the cost of the project
assigned to flood control, including a 5 -percent cash contribution.
The maximum non -Federal share is not to exceed 50 percent of the
cost assigned to flood control.
The Sponsor has received and reviewed a sample Local
Cooperation Agreement that is typical of the binding agreement to
be signed by Federal and local interests prior to construction
activity. The Sponsor understands that detailed project costs will
be determined by the District Engineer near the completion of plans
and specifications. The Sponsor also understands that construction
of any project under the Continuing Authorities Program is
contingent upon showing that the considered works of improvement
are cost effective and in the overall public interest for reducing
flood damages.
In carrying out the specified non -Federal responsibility for
the potential project, the Sponsor agrees to comply with the
provisions of the "Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970", Public Law 91-646, approved 2
January 1971, and Section 221, Public Law 91-611, approved 31
December 1970, as amended.
The Sponsor has received and is familiar with the provisions
of Title VI of the "Civil Rights Act of 1964", Public Law 88-352,
and the above-mentioned laws, and our City Attorney, Jerry Rose,
has advised us that the Sponsor is legally and financially capable
of entering into binding and enforceable contractual agreements.
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District Engineer
U. S. Army Engineer District, Little Rock
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It is the intention of the Sponsor to use its authority in
fulfilling the above -listed measures of local cooperation. It is
understood that the purpose of this letter is to establish the
Sponsor's intent to cost -share in the project; however, it does not
constitute a contract involving the expenditure of any set sum of
money for construction of a project. Further, the City of
Fayetteville reserves the right to terminate this agreement with
the Corps of Engineers for any reason or cause, and without
penalty, by providing written notice.
CITY OF FAYETTEVILLE
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