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HomeMy WebLinkAboutResolution 03-50 10/20/2003 . . 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 .. ," ~ 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 . 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. '\' ATTEST: " City R~JzrwiX- REVIEWED & APPROVED A~ "Tn rORM L . _~~~~ ~ ~\'r1 O/\TE ~_\.D_\...:2 (.) 1'2003 OFFICE OF CITY ATTORNEY .