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Home My WebLink AboutRESOLUTION 1987-71AMBNDBD Suggested by: City Council RB$OLUTZON NO. 87-71 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THAT THE U.S. ARMY CORPS OF ENGINEERS CONDUCT STUDIES TO DETERMINE THE FEASIBILITY OF DEVELOPING A SMALL NAVIGATION IMPROVEMENT AT KENAI, ALASKA, UNDER THE AUTHORITY OF SECTION 107 OF THE RIVERS AND HARBORS ACT, AS AMENDED. -WHEREAS, the Council of the City of Kenai has stated that there is a serious need for a navigational project in the Kenai River, and WHEREAS, The City of Kenai has no financial responsibility for the first phase or reconnaissance part of this project which would be completed by the U.S. Army Corps of Engineers, and WHEREAS, it is understood that, if it is found feasible and advisable to develop a small navigation project at Kenai, the Council of the City of Kenai would have to decide if the City of Kenai would participate in the future phases of this project, and WHEREAS, if the Council of the City of Kenai decided to participate in future phases of this project, the Council understands that the City would be required before construction commences to enter into a contractual agreement that it will provide such local cooperation as may be prescribed by the Secretary of the Army, and WHEREAS, the City Clerk of the Kenai City Council shall be, and is hereby, directed to transmit three copies of this resolution to the District Engineer, Alaska District, U.S. Army CorDs of Engineers. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Council of the City of Kenai is hereby requesting that the U.S. Army Corps of Engineers conduct studies to determine the feasibility of developing a small navigation improvement at Kenai, Alaska, under the authority of Section 107 of the Rivers and Harbors Act, as amended. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, of January, 1988. _~/~et Whelan, City Clerk Written by Public Works:~ this 6th day MAYOR L_ L_ I. Contribute in cash the lpcal share of pro~c~ pl~nnt~, and const~uc~lon .cost. (Non-Federal Interests must P.a~.~alf the cost of the deftn~te ~ro3ec~. _study_. At~°,"duri~ construction ~he local sp'onsor mus~ pay ~u ~e'~nt o~ ~ons~t~uctton costs for the breabtater, entrance channel, and ~aneuvertng area for p~oJects less than ~0 feet deep. The sponsor ~ust pay an eddtttonal 10 percent over 30 years; the value of lands, easements, and rights-of-way may be credited toward this amount. Any costs over the .$4-mtllton Federal ltmtt are the ~esponstbtltty of ~ocal interests.) ,.... ~. Provide, without cost to the United States, all lands, easement~, and rights-of-way necessary for the construction and maintenance of the project, Including suttable dtsposal areas for dredged mtertal, with any necessary retaining dikes, bulkheads, and embankments or the cost thereof. 3. 'Hold and save the united States free from damages due to the" ..... construction and maintenance of the project, except damages due to the fault or n~jltgence of the United States or its contractors. .. ~,;. ...,' ., .... . .~.,~,.~,'.,%,~,... . 4. Haintatn and operate all the non-Federal works after completion in.:~& acconiance with regulations prescribed by the Secretary of the Army.''''~'' '-: ........... ' .... · ' ' " ' S. P~ovtde and maintain berthth~' areas, floats, piers, sltps, and similar marina and mooring facilities as needed for transient and local vessels, as well as necessary access roads, parking areas, and other needed public use shore facilities open and available to all on equaT'tetms. (Only minimum, . ...'. basic facilities and services are required as part of the project.) ..'.~ · HO# CAN A STUDY BE REOUESTED? ~e may begin a Section 107 study after we ,. .-. receive a formal request from the prospective sponsoring agency. A sample resolution is offered below. This request, and any further inquiries about a small navigation project, should be made directly to: U.S. Amy Engineer District, Alaska Plan Formulation Section NPAEN-PL-P Post Office Box 898 ' Anchorage, Alaska 99506-0898 ~MPLE RESOLUTION Be it resolved that the (City Council. Vtllaae Council. et~.) requests the U.S. At,ny Corps of Engineers to conduct studies to determine the feasibility of developing a small navigation improvement at (location), under the authority of Section 107 of the Rivers and Harbors Act, as amended. It is understood that, if it is found feasible and advisable to develop a small navigation project at (location), the (City Council. etc.,) would be ~equtred before construction co~ences to enter into a contractual agreement that it will provide such local cooperation as may be prescribed by the Secretary of the Amy. The (Clerk. Secre~ry. etc.) of the (City Council. etc.) shall be, and is hereby, directed to transmit three copies of this resolution to the District Engineer, Alaska District, U.S. Amy Corps of Engineers. Signed (~avor. Council President. etc.) L_ / I'- ]~ItlATCANTHE CORPS DO? ~ectton 107 of the Rtvers and Harbors Act of 1960, as amended, p~ovtdes ~uthortty for the Chtef of Engineers to plan and construct sm11 navigation projects that have not already been specifically authoMzed by Congress..A'project ts aPPrOVed for construction on!y. after detailed tnvesttaatiOn-and study clearly show 1ts engineering feas, lblllty andeconomlc _ Justification. Each project must be comp]ere ~lthln ltse~f~. ... ...... . The maxtmum Federal expenditure per project has been ratsed to $4 m111 ton,..o?~!~...;.,:,o~; ~, ~:.. *'~*.Mch Includes both planntng and construction costs, r. Any. additional costs ....... be paid by the local sponsor. Costs of lands, easements, and opera,ton and · ,maintenance of the project (other than ce~tatn metntpp~nce dredgtng)"must be ~ * ~on'Federal. .'' -,.: :~:" .... .... ~'~'~;.... ~ederal funds can be expended only for general navigation facilities, ~Mch may tnclude (1) a safe entrance channel ~eadtng to the anchorage bastn or provtded berthtng area (the channel may be protected by breakwaters o~ Jetttes, tf needed); (2) a protected anchorag~bastn; (3).a.protected. ~urn!ng.bastn; (4) maintenance ~redgtng for these ttems,.apd (5) maintenance OT D~eaKwacers or ' .' Jetttes. The Corps st;~les potential projects tn t~o phases: reconna!ssance,.at Federal. expense, anJ,~Jef!.~tte, pro]ect stud~, half of ~htch the ]oca] .~ponso~_mu~t p~y, The recOnnaisSance determlnes'~he~er more oe~alle~ s~uuy is 11KelY.~O ~eve~0P . -afeasl.b]e project.' in this'phase, ~hlch usually ~a~es about ~ months, the ~a~er resource p~o~lem ts deftned. Potential solutions are Identified and t~et~ feasibility assessed. The study tncludes a preliminary analysts of the %de~a] Interest, costs, benefits, and environmental ~mpacts of the p~oposec. .~:'o~.sc~, ~nd es~t~,~es the cost of preparing a Deftatte 9ro~ec~ repot.t. 3atone the deflntte project phase of study can be91n, a stgned cost-shaM~g ag~e~ ~1th th~ ~oca~ ~'ponso~ ls requl~ed,, ihts s~uoy, ~h~cn usua~ly'~aKes 9 ~o ~u ' monthS, results ~n a Oeftnlte'~ro]act Report. ~HATARE ~E LOCAL R£SPONS~BILITIES? Docks, landings, pte~s, be~thtng boat stalls, mooMng facilities, launching ramps, access roads, pa~ktng a~eas, and any lnte~to~ access channels needed for maneuveMng tnto berths a~e entirely a ~oca] responsibility and are constructed and maintained at non-Federal expense. Form~l assurance of local cooperation must be furnished by a State or ~oc~1 aGenCy (fOr ex~m~. ~ '~ncOrpo~ated"~lty) ~tth the lbga] and'financial,.. - authority 'ufide~-'-~tate ~w to act as i'ocal sponsor. The's)o~s0r genera~i.y mu~t, _agree to.~he..fo]~o~lng~ ' - ii [. I '~ L_ L_