HomeMy WebLinkAboutResolution 03-50 10/20/2003
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RESOLUTION ~ - ----2.Q..
AUTHORIZING AND APPROVING A PROJECT COOPERATION AGREEMENT
BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF SPRINGFIELD,
OREGON FOR THE SPRINGFIELD MILL RACE SECTION 206, ECOSYSTEM
RESTORATION
WHEREAS, since the City acquired an interest in the Springfield Mill Race by gift from
Georgia Pacific Corporation, the City has endeavored to undertake reasonable actions to
preserve adequate flow in the Mill Race to fulfill its obligations under the Donation Agreement
with Georgia Pacific; and
WHEREAS, engineering studies have documented that changing conditions in the Middle Fork
of the Willamette River make it improbable that the City can achieve that objective with the inlet
at its present location; and
WHEREAS, the City is obliged to maintain and improve the water quality of the Mill Race by
the terms of the clean Water Act; and
WHEREAS, the Mill Race is a cultural and social amenity which is an important part of the
history of the City of Springfield, and an important component of the public vision for the future
of the downtown section of the City of Springfield; and
WHEREAS, the rehabilitation of the Springfield Mill Race will facilitate the accomplishment of
all of these objectives, and has been established as a high priority by the City Council; and
WHEREAS, the U.S. Army Corps of Engineers has completed a preliminary restoration plan.
and environmental restoration report, each of which conclude that a rehabilitation of the Mill
Race is consistent with the requirements of Section 206 of the Water Resources Development
Act; and
WHEREAS, the United States Department of the Army ("Department") has proposed to enter
into a Project Cooperatidn Agreement ("PCA") between the Department of the Army and the
City of Springfield, for the rehabilitation of the Springfield Mill Race; and
WHEREAS, City staff and staff of the Department have met and conferred and reached
agreement on a proposed form of an PCA, a copy whereof, in the form of a draft dated August
18,2003, and marked Exhibit 1, (the "Draft Agreement") is attached hereto and by this reference
incorporated herein; and
WHEREAS, the PCA contemplates a total project cost of approximately, $6,371,400, of which
the local share is estimated to be $2,291,160; and
WHEREAS, the PCA contemplates that the value of the land and property rights contributed by
the City will approximate $1,910,710, leaving a maximum local cash obligation of not more than
. $380,460; and
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WHEREAS, City staff have advised the Council that in kind contributions by City staff and by .
the staff of the Willamalane Park and Recreation District will be credited against that local
obligation and are presently estimated to be approximately equal in amount to the maximum
local cash obligation; and
WHEREAS, the City Manager has submitted a report reviewing the terms of the Draft
Agreement and recommending that the Draft Agreement be approved; and
WHEREAS, the Council has reviewed the terms of the Draft Agreement and is fully informed
as to the contents thereof, and has determined that it is in the public interest to enter into the
Draft Agreement;
NOW THEREFORE, BE IT RESOLVED, that the common Council of the City of Springfield
finds and determines that it is in the public interest to enter into the Project Cooperation
Agreement Between the Department of the Army and the City of Springfield, Oregon for the
Springfield Millrace Section 206, Oregon Ecosystem Restoration; and
BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to
execute the Project Cooperation Agreement, with such changes or amendments thereto as he
shall determine to be necessary to effectuate the direction of the Council and give effect to the
terms of the Agreement, such determination to be evidenced by his execution of the Project
Cooperation Agreement Between the Department of the Army and the City of Springfield,
Oregon for the Springfield Millrace Section 206, Oregon Ecosystem Restoration; and
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BE IT FURTHER RESOLVED, that the City Manager is hereby authorized and directed to
inform the Department of the Army of the intent of the City to enter into such Agreement by
transmitting a copy of this resolution to the Department of the Army; and
BE IT FURTHER RESOLVED, that this Resolution shall take effect upon adoption by the
Council and approval by the Mayor.
Adopted by the Common Council of the City of Springfield, Oregon, by a vote of ..2...-
for and ~ against, this 20th day of October ,2003.
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ATTEST:
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City R~JzrwiX-
REVIEWED & APPROVED
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OFFICE OF CITY ATTORNEY
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