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HomeMy WebLinkAbout6455RESOLUTION NO. 6455 A RESOLUTION APPROVING AN AGREEMENT WITH THE U.S. ARMY CORPS OF ENGINEERS FOR THE FOUNTAIN CREEK FLOOD CONTROL PROJECT WHEREAS, the City of Pueblo and the Department of the Army entered into a Local Cooperation Agreement on July 27, 1987, providing for the construction of the Fountain Creek Flood Control Project (Project); and WHEREAS, Article II b. of the Local Cooperation Agreement pro- vides that when the Department of the Army determines that the Project is complete they shall turn the Project over to the City of Pueblo, which shall accept the Project and be responsible for operating, maintaining, and rehabilitating the Project; and WHEREAS, the Department of the Army has determined that the Project was completed on July 12, 1989, with the exception of some minor work, which will be performed by the Department of the Army; now, there- fore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: CGrTTOKI l The Completion Agreement, dated October 23, 1989, which is on file in the office of the City Clerk and incorporated herein by refer- ence, by and between the City of Pueblo, Colorado, a Municipal Corpora- tion, and the Department of the Army, is hereby approved and the President of City Council is authorized to execute said Agreement on behalf of the City of Pueblo, and the City Clerk shall affix the seal of the City thereto and attest the same. INTRODUCED October 23 , 1989 By MIKE OCCHIATO Councilman APPROVED: President of the Council ATTEST: ity Clerk - 2 - COMPLETION AGREEMENT This COMPLETION AGREEMENT, made this 23rd day of October , 1989, by and between the Department of the Army, hereinafter referred to as the Government, and represented by the District Engineer, Al- buquerque District, U.S. Army Corps of Engineers, and the City of Pueblo, Colorado, a municipal corporation, hereinafter referred to as the Local Sponsor, WITNESSETH THAT: WHEREAS, the parties hereto entered into a Local Cooperation Agreement (LCA) on July 27, 1987, providing for the construction by Government, on a cost sharing basis, of the Fountain Creek, Pueblo, Colorado, project, a flood control project consisting of approxi- mately 11,500 feet of channel improvements, 9,700 feet of earthen and soil cement levees, with attendant interior drainage features, 1,100 feet of flood wall, recreation areas, pedestrian bridge, and walking path, hereinafter referred to as the "Project "; and WHEREAS, Article II b._of the LCA provides that when the Government determines that the Project is complete, the Government shall turn the Project over to the Local Sponsor, which shall accept the Project; and WHEREAS, on July 12, 1989, final inspection was made of the Project by representatives of the Construction Contractor, the Government and the Local Sponsor, and the Project was considered complete with the exception of some minor work which will be per- formed by the Government as requested by the Local Sponsor; NOW, THEREFORE, The parties hereto do agree as follows: 1. That construction of the Project is now complete; provided, that the Government will take immediate steps to perform the work items described in Exhibit A, attached hereto, as requested by the Local Sponsor and, when completed, such items will become a part of the Project. 2. The Local Sponsor takes ownership of the Project as of October 23, 1989. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. THE DEPARTMENT OF THE ARMY By STEVEN M. DOUG Lt. Col, EN District Engineer CITY OF PUEBLO KEN HUNTER President of the City Council 1. Construct 6' chain link fence barriers along the jogging trail as determined in the field on 13 July 1989. 2. Cut back approximately two feet of the parapet wall that extends to the jogging trail south of Trail Head Park. 3. Repair the Eleventh Street road surface to at least its condition prior to construction. 4. Fill and wrap onto the existing construction, with the same size rock as used in the project, the gap between the existing riprap and the project riprap at Station 1+00 west. S. On the backslope of the east levee, east of Recreation Area number 1, fill and regrade to drain for the inlet structures.