HomeMy WebLinkAboutReso. 1985 - 154 - Approving the permit between the city of redding and the untied stated department of the interior for enchroachement upon cow creek unit main aqueduct station . 111
RESOLUTION NO. S5/5y
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING THE PERMIT BETWEEN THE CITY OF REDDING AND THE
UNITED STATES DEPARTMENT OF THE INTERIOR FOR ENCROACHMENT
UPON COW CREEK UNIT MAIN AQUEDUCT STATION 17 + 30 AND
STATION 2 + 58 .
BE IT RESOLVED by the City Council of the City of Redding as
follows:
1. The City Council of the City of Redding hereby approves
the permit between the City of Redding and the United States
Department of the Interior for the privileges of entering upon
for the purpose of constructing, operating and maintaining a
sewerline and waterline on, across and through that portion of
Cow Creek Unit Main Aqueduct at Station 17 + 30 + and 2 + 50+as
graphically shown on plan and profile drawings dated June 23,
1985 , Sheets 1 , 4 , 8 and 9 , entitled "Sandpointe Apartment
Project, Redding" prepared by Pace Engineering, Inc. , and
approved by the United States and on file with the U. S. Bureau
of Reclamation, Sacramento, California.
2 . The Mayor of the City of Redding is hereby authorized
and directed to sign all necessary documents on behalf of the
City of Redding and the City Clerk is hereby authorized and
directed to attest the signature of the Mayor and to impress the
official seal of the City of Redding on the aforesaid documents,
when appropriate.
3 . A true copy of the contract referred to herein is
attached hereto and made a part hereof.
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I HEREBY CERTIFY that the foregoing resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 5th day of August , 1985 , and
was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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HOWARD D. KIRKPA!RICK, MaY or
City of Redding
ATTEST:
ETHEL A. NICHOLS, City Clerk
FORM APPROVED:
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DALL A. HAYS, City Attorney
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Contract No.
5-07-20-L3233
UNITED STATES
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Central Valley Project, California
PERMIT TO ENCROACH UPON COW CREEK UNIT MAIN
AQUEDUCT STATION 17 + 30 AND STATION 2 + 58
CITY OF REDDING
THIS PERMIT is given this day of , 19 , in
accordance with the Act of Congress approved June 17, 1902 (32 Stat. 388) ,
and acts amendatory thereof or supplementary thereto, all such acts being
commonly known and referred to as the Federal Reclamation Laws, by and
between THE UNITED STATES OF AMERICA, acting by and through its Bureau of
Reclamation, Department of the Interior, hereinafter styled the "United
d•
States," represented by the officer executing this instrument on its
behalf, his successor or his duly authorized representative is hereinafter
called the Contracting Officer, and the CITY OF REDDING, California,
hereinafter styled the "City," acting by and through its City Council.
WHEREAS, the United States has constructed and the Bella Vista
Water District hereinafter styled "District" is presently operating, as a
feature of the Central Valley Project, that certain feature known and
designated as the Cow Creek Unit Main Aqueduct in Shasta County,
California; and
WHEREAS, the City has requested permission to use a portion of
said aqueduct right-of-way for the construction and maintenance of a sewer-
and waterline.
WHEREAS, the United States has determined that the City's request
is not adverse to the interests of the United States and its use of said
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right-of-way, at this time, is compatible with the purpose for which it was
acquired and is being administered.
NOW, THEREFORE, the United States does, subject to the terms and
conditions which follow, give the City the privileges of entering upon for
the purpose of constructing, operating and maintaining a sewerline and
waterline on, across and through that portion of, Cow Creek Unit Main
Aqueduct at Station 17 + 30± and 2 + 50± and as graphically shown on plan
and profile drawings dated June 23, 1985, Sheets 1, 4, 8, and 9, entitled
"Sandpointe Apartment Project, Redding" prepared by Pace Engineering, Inc.
and approved by the United States and on file with the U.S. Bureau of
Reclamation, Sacramento, California.
1. This permit is personal, revocable, and nontransferable and
shall become effective on the date hereinabove written and unless sooner
s•
otherwise terminated, shall continue as long as in the opinion of the
United States it is considered to be expedient and not detrimental to the
public interest; PROVIDED, that in no event shall this permit extend past
twenty-five (25) years from date of issuance (43 U.S.C. 387) . It may be
revoked upon 90 days' written notice to City:
a. If City facilities interfere with existing or proposed
facilities of the United States; or
b. If the land involved is needed for United States purposes;
or
c. In the event the United States disposes of its interest in
said land; or
d. Upon failure of City to comply with any other terms or
conditions hereof.
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2. The City shall be responsible for field locating Bureau of
Reclamation facilities and shall ensure that all construction,
reconstruction and maintenance are within plans and specifications approved
by the United States. The United States shall in no way be liable for any
discrepancy between Bureau of Reclamation drawing and the actual location
or elevation of Bureau facilities.
3. The sewer- and waterline shall be maintained by City in a
good and safe condition and to the satisfaction of the Contracting Officer
by and at the expense of the City. All major reconstruction, alterations,
and repairs to the water- or sewerlines shall be in accordance with plans
previously approved by the Contracting Officer. The City will, upon
request from the United States, promptly repair or alter any part of said
sewerline and/or waterline as is applicable so as to preclude damage to the
facilities of the United States. No obligation is placed upon -the United
States for the duty of inspecting or maintaining any of the facilities
installed by or for the City. In the event the City should fail to
promptly make such repairs or maintain its facilities after request
therefor by the United States, the United States may, at the election of
the Contracting Officer, enter and make such repairs or perform such
maintenance at the expense of the responsible party.
4. In the case of an emergency, the United States and/or its
assigns may enter upon, repair, reconstruct, operate, and maintain its
water distribution facilities without first giving notice but with no
liability therefore. Further, City agrees to and will reimburse the United
States and/or its assigns, for any additional costs incurred by him, if
said repair, reconstruction, operation, and maintenance is made more
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expensive because of the facilities of the City thereon, whether performed
under emergency conditions, or as provided in Article 2, above.
5. All reconstruction, operation, and maintenance shall be done
to normal acceptable engineering standards and all applicable Federal and
States rules and regulations and in such a manner as to not interfere in
any way with those rights and privileges of the United States. The City
shall notify the Contracting Officer and the Bella Vista Water District
prior to work on any major maintenance, reconstruction or construction.
6. Upon revocaton or termination of this permit, the structure.
or structures and all accessories placed on or below the surface of the
above-described land by City shall be left in their present condition and
the immediate premises shall be restored to as nearly the same condition as
when originally occupied. In the event that City shall fail to restore all ' .
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of said facilities upon termination or revocation, the United 'States may
make such restoration at the expense of the City.
7. This permit is subject to existing rights in favor of the
public or third parties for roads, railroads, telephone, telegraph, and
electrical transmission lines, canals, laterals, ditches, siphons, flumes,
and pipelines on, over, and across said right-of-way. •
8. The Permittee hereby agrees to indemnify and hold harmless
the United States and the Bella Vista Water District, its agents and
employees, from any loss or damage and from any liability on account of
personal injury, death, or property damage, or claims for personal injury,
death, or property damage of any nature whatsoever and by whomsoever made
arising out of their activities under this permit.
9. The City warrants that no person or selling agency has been
employed or retained to solicit or secure this permit upon an agreement or .
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understanding for a commission, percentage, brokerage, or contingent fee.
For breach or violation of this warranty, the United States shall have the
right to annul this permit without liability or in its discretion to
require the City to pay the full amount of such commission, percentage,
brokerage, or contingent fee to the United States.
10. No member of or delegate to Congress, or Resident
Commissioner shall be admitted to any share or part of this permit, or to
any benefit that may arise therefrom; but this provision shall not be
construed to extend to this permit if given to a corporation for its
general benefit.
IN WITNESS WHEREOF, this permit is given as of the date and year
first above written.
THE UNITED STATES OF AMERICA 4"
By
Regional Director
Mid Pacific Region
Bureau of Reclamation
ACCEPTED:
CITY OF REDDING
. By NOTED:
Title BELLA VISTA WATER DISTRICT
By
APP V Manager
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CITY LEGAL DEPT,
REALTY/S
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