HomeMy WebLinkAbout1-93 RESOLUTION•
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RESOLUTION NO. -qa
A RESOLUTION ENDORSING PLAN 2 OF THE FLOOD
CONTROL PROJECT ALONG CATO SPRINGS AND TOWN
BRANCH AND AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A FORMAL UPDATED LETTER OF
INTENT TO THE CORP OF ENGINEERS INDENTIFYING
THE SPECIFIC PLAN OF ACTION THE CITY WILL
SUPPORT AND TO EXECUTE A LOCAL COOPERATION
AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1.. That the City Council hereby authonzes and directs endorses Plan 2 of the
Flood Control Project along Cato Springs and Town branch and authonzmg the Mayor and City
Clerk to execute a formal updated Letter of Intent to the Corp of Engineers indenufying the
specific plan of action the City will support and to execute a Local Cooperation Agreement. A
copy of the Letter of Intent and Local Cooperation Agreement is attached hereto marked Exhibit
"A" and made a part hereof.
PASSED AND APPROVED this 5th day of January , 1993.
ATTEST: //����
By:tiwc y of
Thomas, City Clerk
APPROVED:
By:
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FAYETTEVI LLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPONDENCE
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To: Sherry Thomas, City Clerk
From: Jim Beavers, Engineering
Date: 7 January 1993
Re: Letter of Intent - plan no. 2 - Corps of Engineers Flood
Control project
Please find enclose one original updated letter of intent for the
Mayor's signature and your attest and date.
Please return this original letter to me after signing. I will
send the letter, along with a cover letter, to Renee Wight,
project manager for the Corps of Engineers.
The letter of intent formally supports plan no. 2 (two) as approved
by the Council on January 5, 1993.
Thank you.
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FAYETTEVI LLE
T1! CITY OF FAYETIEYS1L ARKANSAS
District Engineer
U. S. Army Corps of Engineers
Little Rock District
P. O. Box 867
Little Rock, AR 72203
Re: Cato Springs and Town Branch Flood Control Project - Updated
Letter of Intent.
Dear Sir:
According to the results of the feasibility study completed
under authority of Section 205 of the 1948 Flood Control Act, as
amended, the Little Rock District Corps of Engineers has identified
economically feasible solutions, with Federal interests, to the
flooding problems along Cato Springs Branch and Town Branch in
Fayetteville, Arkansas.
After review of the feasibility phase report, the City of
Fayetteville formally supports and requests the implementation of
plan number 2 (two) consisting of clearing and grubbing and removal
of the horse-shoe shaped bend. The City of Fayetteville desires to
keep the abandoned railroad bridge in place for potential trail
development.
In this regard, the City of Fayetteville, Arkansas, the local
Sponsor, requests the Corps to complete the feasibility phase,
including the Division review. It is our understanding that
completion and review of the feasibility phase will result in a
final Detailed Project Report and Environmental Assessment and will
provide the basis for preparing plans and specifications for
project design. Following project design and approval, we
understand that we must sign a Local Cooperation Agreement (LCA).
We have received and reviewed a sample LCA that is typical of the
binding agreement to be signed by Federal and local interests prior
to construction activity. We understand that detailed project
costs will be determined by the Corps of Engineers near the
completion of plans and specifications. Our responsibilities in
the project implementation include the following:
a. Provide without cost to the United States all lands,
easements, rights-of-way, relocations (except railroad bridges) and
suitable borrow and dredged material disposal areas (all thus
referred to as LERRD). The estimated cost of all LERRD is
$86,200.00.
b. In accordance with the Water Resources Development Act of
1986, P.L. 99-662, provide a cash contribution equal to at least
five percent of the total cost of the flood control project. This
cash contribution is currently estimated at $9,900.00.
113 WEST MOUNTAIN 72701 1101 S21.7700
FAX 110147602171
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District Engineer
U.S. Army Corps of Engineers, Little Rock District
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c. Provide an additional cash contribution, if required, such
that the total non-federal share is equal to 25 percent of the
project costs. However, total non-federal costs shall not exceed
50 percent of construction costs assigned to flood control. This
additional cash contribution is estimated at zero. (The current
total estimate of non-federal funds is $96,100.00)
d . 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.
e. Maintain and operate the project after completion without
cost to the United States in accordance with regulations prescribed
by the Secretary of the Army. The annual operation and maintenance
costs are currently estimated at $2,180.00.
f. Prevent future encroachment or modification which might
interfere with proper functioning of the project.
g . Assume full responsibility for all project costs in excess
of the Federal cost limitation, according to statute, of $5
million.
h . Execute a Local Cooperation Agreement incorporating all
required measures of local cooperation.
The source of our funds will be cash on deposit in the amount
of $9,900.00 to be provided to the Federal Government after
execution of the LCA and implementation of a flood control project.
It is our intention, as the local sponsor, to use our authority in
fulfilling the above -listed measure of local cooperation. It is
understood that the purpose of this letter is to update our intent
to cost -share in the project; however, this letter does not
constitute a contract involving the expenditure of any 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.
Dated the of
ATTEST:
CitQ Clerk
1994
CITY OF FAYETTEVILLE
Mayor