HomeMy WebLinkAboutContract 15000 LUTHER LAKE DAM AGREEMENT
STATE
OF TEXAS
COUNTY OF TARRANT
WHEREAS, Luther Lake Dam was constructed in the mid-1940's 1ay
Tarrant Count-y, Texas, and forms a reservoir of some 10+ acres of
private property known as Luther Lake; and
WHEREAS, Luther Lake and Luther Lake Dam became a part of the
City of Fort Worth following the annexation into the City of that
certain subdivision known as Ridglea Hills Addition; and
WHEREAS, the City of Fort Worth currently maintain-, a public
street known as Clayton Road West running along and across the top
of said Luther Lake Dam; and
WHEREAS, the Texas Department of Water Resources conducted an
investigation of Luther Lake Dam in accordance with the National Dam
Tnspections Act and has concluded in its Phase T Inspection Report,
dated June 3, 1980, that the dam is a "High Hazard - Small Size
Dam", meaning that failure of the dam could result in extensive
property damage and loss of life downstream from the dam; and
WHEREAS, the City of Fort Worth and the owners of those lots
comprising the bed and banks of Luther Lake recognize and agree that
the widening and reconstruction of the street running along and
acros
, s the top of Luther Lake Dam and the reconstruction of Luther
Lake Dam, its face and its weir, are necessary to insure. the safety
of the public using the street, the integrity of the dam and the
safety of the homeowners downstream from the dam, as well as the
continued existence or Luther. Lake for the use and enjoyment by the
owner: of homes abutting Luther Lake, and
WHEREAS, there is a bona fide controversy betwo---n t.-ht-.,, City of
Port Worth and the owners of homes abutting Luther Lake as to the
ownership and maintenance responsibility of Luther Lake and Luther
Lake Dam and all costs attendant thereto, and
WHEREAS, the City of Fort Worth and the owners of homes abut-
ting Luther Lake desire to enter into an agreement which will define
their respective responsibilities for the operation, maintenance,
reconstruction and ownership of Luther Lake and Luther Lake Darn and
Provide a vehicle for contributions in furtherance of the purposes
of this Agreement;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
For and in consideration of the mutual promises, covenants and
agreements contained herein, including the recitals set forth above,
the City of Fort Worth, a home-rule municipal corporation in Tarrant
County, Texas, hereinafter called "City," acting herein by and
through Douglas Barman, its duly authorized City Manager, and the
undersigned persons, hereinafter called "Homeowners," all of whom
represent and acknowledge that as Homeowners they are the owners of
their respective lots which extend into and comprise the bed and
banks of Luther Lake, do hereby covenant and agree as follows:
1 .
Attached hereto, marked Exhibit "A" and expressly made a part
hereof, is a copy of that certain map reflecting Block 44-A, of
Ridglea Iiii.1s, an addition to Fort Worth, Tarrant County, Texas, as
same was approved by the City Plan Commission on July 13, 1954, as
revised, and now appears on file in the Tarrant County Plat
Rec<.>rds. Homeowners hereby acknowledge and certify that they are
individually the owners of those lots appearing on said map as said
lots are identified adjacent to their names on the signature pages
of this Agreement.
2.
Attached hereto, marked Exhibit "B" and expressly made a part
hereof, is a drawing of Luther Lake and Luther Lake Dam. This
drawing is hereby incorporated in this Agreement for use in defining
the respective maintenance and reconstruction responsii-)i1itites of
the Homoownt-rs and the City.
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3.
Each of Homeowners, their respective successors and assigns,
shall be responsible for and shall pay the ad valorem taxes assessed
by City on his/her respective lot which constitutes a portion of
Luther Lake. Each of Homeowners, their respective successors and
assigns, hereby agrees to assume presently, and For all times here-
after, the ownership and maintenance of their respective portions of
that body of water known as Luther Lake which is platted as a part
of his/her respective lot, as well as all improvements such as
walls, docks and the like, which are connected with or are in any
way related to said lot, but said maintenance responsibility shall
mot include Luther Lake Dam or the face or weir of the dam. City
shall not be responsible for any cost or expense related to the
maintenance of Luther Lake, or such other improvements connected
therewith other than Luther Lake Dam, its face and weir, and the
street thereon; provided however, that City shall be responsible for
illegal pollutants entering Luther Lake which have entered through
City's storm sewers. The maintenance by each of Homeowners of his/
her respective property shall be in accordance with all federal,
state and local statutes, ordinances, rules and regulations relating
thereto. Provided, however, that City shall not, by virtue of its
construction and/or maintenance of Luther. Lake Dam, its face and
weir and the street thereon, assume or have any responsibility or
liability for accidents and/or damages arising as a result of the
existence of Luther Lake and the waters therein.
4.
City hereby agrees to rebuild Luther Lake Dam, including the
face and weir of the dam, as shaded in red on the drawing attached
hereto and marked Exhibit "B". Said dam will be rebuilt in accor-
dance with the engineering design construction plat-is and speci-
fications to be prepared by Albert H. Halff Associates, Inc. Said
plans shall be designed in accordance with Alternative 2 of the
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wL 8541 nv-22-2R3
Stage I Peas ibi I i WOPtimization study for Corrective Measures on
Luther Lake Dam," dated October 1984. The parties hereto agree that
a true and correct COPY OF said Plans, together with this Agreement,
shall be kept on file as a public record in the office of the City
Secretary of the City of Fort Worth. Homeowners hereby acknowledge
their approval of the proposed reconstruction and hereby consent to
same. City shall Promptly submit said plans to the Texas Department
of Water Resources and/or other appropriate governmental agencies
and attempt to obtain approval thereof as expeditiously as pos-
sible. Upon completion of the reconstruction of the dam, Luther Lake
shall be permitted to return to its normal level of 667 feet.
S.
Homeowners believe that there is no legal obligation on their
Part to reconstruct the dam, which was constructed some Forty years
ago by Tarrant County prior to the annexation of the area by the
City Of Fort Worth and which continuously since annexation has been
utilized in part as a dedicated City street and maintained by City,
as well as serving as the location of City water mains for many
Years. Nevertheless, Homeowners desire to express their feelings for
their City and appreciation for the amenities which Luther Lake and
its dam afford to Homeowners and other residents by making a contri-
bution to the City in the aggregate sum of not less than Throe
Hundred Thousand Dollars ($300,000.00) . This sum may be utilized by
the City for any Purpose it may determine, including the general.
welfare Of all Of its citizens, without regard to the cost Of recon-
structing the dam and making it safe for those who drive across the
Public street thereon and those who have constructed and will here-
after construct residences downstream. Contribution of said sum to
the City shall be payable in the following manner: Upon execution of
this Agreement, Homeowners shal.l. deliver to City an irrevocable
letter of credit, certificate of deposit, cash deposit, or a com-
a
a
bination of the same, payable to the City of Fort Worth upon demand
-4-
by City, in an aggregate amount of not less than Three Hundred
Thousand Dollars ($300,000.00) , with the understanding that any
monies collected by the Homeowners in addition to the Three Hundred
Thousand Dollars ($300,000.00) shall be delivered to City for use by
City for such purpose or purposes as the City may determine.
6.
Following completion of the reconstruction of Luther Lake Dam,
the City shall assume at its sole cost and expense all future main-
tenance and repair responsibilities for the dam, its face, weir and
street. To facilitate the City's ability to fulfill its covenants to
reconstruct, repair and maintain Luther Lake Dam, its face, weir and
street, Homeowners hereby agree to the following conditions:
A. Homeowners, their successors and assigns, insofar as they have
any rights or interest, hereby grant to City the permanent
right of ingress to and egress from Luther Lake necessary to
perform the reconstruction and future maintenance and repair of
Luther Lake Darn, its face, weir and street;
B. Homeowners, their successors and assigns, insofar as they have
any rights or interest, hereby release and quitclaim to the
City of Fort Worth all right, title or interest they have or
may have or may hereafter have to that body of earth comprising
Luther Lake Dam and hereby permit the location, operation and
use of Clayton Road West on, along and across the top of said
dam;
C. Homeowners, their successors and assigns, insofar as they have
any rights or interest, hereby grant to City the right to enter
into and occupy portions of Luther Lake adjacent to the dam and
the right to lower the water level in larther Lake from time to
time as is reasonably necessary to perform the reconstruction,
inspection, examination and future maintenance and repair of
Luther Lake Dam, its face, weir and street, upon completion of
which Luther Lake shall be permitted to be returned to its
nocnial level of 667 feet; and
-. 5- 8541 Ow 2285
D s Homeowners, their successors and assigns, insofar as they have
any right,-, or interest, hereby grant to City the right to
impound and retain water upon Homeowners' property in the form
of Luther Lake for so long as Luther Lake Dam exists. Home-
owners hereby give their consent to the City to make applica-
tion with the Texas Department of Water Resources pursuant to
Section 11 . 121 of the Texas Water Code for the impoundment of
water upon Homeowners' property, and City shall promptly make
such application.
It is expressly understood and agreed that the conditions set
forth above in this Paragraph 6 are conditions precedent to the
City's obligations to reconstruct Luther Lake Dam and to provide
future maintenance and repair to the dam- Failure by Homeowners,
their successors and assigns, to comply with said conditions shall
relieve City of its obligations under this Agreement to reconstruct
Luther Lake Dam and to provide future maintenance and repair to the
dam, its face and its weir. Thereafter, all construction, mainte-
nance and repair responsibilities of Luther Lake Dam, its face and
weir, as well as the ownership and title thereto (excepting the
street right-of-way for public transportation along Clayton Road
West, which shall remain with City) , shall belong to Homeowners,
their successors and assigns; provided, however, that in the event
the City is finally denied a permit by the Texas Department of Water
Resources to impound water upon Homeowners' property pursuant to
Section 11 . 121 of the Texas Water Code, then this Agreement,
together with the recitals contained herein, as well as any obliga-
tions created hereunder, whether performed in whole or in part
(including the release and quitclaim to the City of Fort Worth of
all right, title or interest in Luther Lake Dam under Para-
graph 6.B. hereof) , shall be unenforceable and void ab initio.
Should said permit be denied, City shall return to Homeowners all
monies delivered to City by Homeowners pursuant to Paragraph 5
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854 1 na 2286
hereof, less fifty percent (50%) of City's administrative and engi-
neering costs incurred in relation to the anticipated repair and
reconstruction of Luther Lake Dam, its face, weir and street.
7.
Any notices by one party to the other party relating to the
performance or nonperformance of this Agreement shall be sufficient
if sent by certified mail to:
City of Fort worth: City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Homeowners: Thos. H. Law
Law, Snakard & Gambill
3200 Texas American Bank Building
Fort Worth, Texas 76102
or
William C. Pannell
403 Fort Worth Club Building
Fort Worth, Texas 76102
The parties hereto shall indicate in writing any change which may
occur in such respective addresses from time to time.
S.
it is agreed that in the event any covenant, condition or pro-
vision herein contained is held to be invalid by any court of compe-
tent jurisdiction, the invalidity of such covenant, condition or
provision shall in no way affect any other covenant, condition or
provision herein contained; provided, however, that the invalidity
of any such covenant, condition or provision does not materially
prejudice the Homeowners or the City in connection with the rights
and obligations contained in the valid covenants, conditions or pro-
visions of this Agreement.
9.
The above covenants and agreements shall constitute a servitude
and covenant upon all those lands in Block 44-A of Ridglea Hills, an
addition to the City of Fort Worth, Tarrant County, Texas,
to the undersigned Homeowners and shall be binding upon and inure to
the benetit of the Homeowners, their successors and assigns.
-7-
a- S341 pm;2287
10.
This Agreement constitutes the sole and exclusive agreement ancl
understanding between the Homeowners and the City pertaining to the
ownership, maintenance and operation of Luther Lake, and the recon-
struction and future maintenance and repair of Luther Lake Dam, its
face and its weir, and the costs attendant thereto. NO prior or con-
temporaneous written or oral agreements of any nature exist to alter
or modify the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Con-
tract and Agreement this "�Aay of
A.D. 1
in Fort Worth, Tarrant County, Texas.
ATTEST: , CITY OF FORT WORTH
y� -Manager
U, a
CITY Secre ary
A "OVED 'AS, TO FORM AMP LgfALITY:
Date:
aL 8 541 22RH
HOMEOWNERS OF LUTHER LAKE
ner of-Lot k4 &�_er of Lot
o Lot ZL -7 Block 44-A ,
of Ridglea Hilis_Addition, of Ridglea Hills Addition,—
City of Fort Worth, Texas City of Fort Worth, Texas
o r
ne o Lcit 6 Block 44-A Own of Lot 3 Block 44-A
_
0 �Ri- glea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
Al
Xze,�_el
Owner of Lot 15 Bi&ck 44--A Owner of Lot Block 44-A
of Ridglea Hills Addition of Ridglea Hills Addition—'
City of Fort Worth, Texas City of Fort Worth, Texas
I-,-
Owner of Lot li_, Block 44---A
Block 44
of Ridglea Hills Addition- - -- of Ridglea Hills Addition'—
City of Fort Worth, Texas City of Fort Worth, Texas
ki Owner o -tOt 25- 447A
Owner Lot 14 O�t _/ 44-A , i _5�
of Ri4lea Hiiii-Addition, of Ridglea Hills Addition-
'
City of Fort Worth, Texas City of Fort Worth, Texas
6,.;rner of Lot
_9__ I Block 44:iA, Owner of Lot 17 Block 44-A
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
Owner
Of 10t _L2_ Block 00-zj r_( r of Lot 9 Block 44-A
of Ridglea Hills Addition, of Ridglea Hills Addition--'
- --
City of Fort Worth, Texas City of Fort Worth, Texas
6�wner'of Block er Of 0- 2 -A,
Lot Block 44
of Ridglea Hills Addition, Ridglea Hills Addition
City of Fort Worth, Texas Sty of Fort Worth, Texas'
Owner of Lot 19 44-A Owner Lot 32 Block 4--,
of "d 9 lea Hills Addi ion, of Ridglea Hiils Addition,
city of Fort Worth, Texas City of Fort Worth, Texas
8 541-.� 2`289
HOMEOWNERS OF LUTHER LAKE
O- _.-°- .�.,� _--- .'.""+:`_
wner df`Lot _2__ , BlockyA:-,k Owner of Lot 6 : Block 44-A
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
333 �
_ - _
Owner of Lot 39 44_A_, ner of Lot to Block 44-A ,
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
Owner of Lot Blocl r ., Owner of Lot 28 Block 44-A_,
of Ridglea HillsiAddition, of Ridglea Hills Addition,
City of Fort W �th, Texas City of Fort Worth, Texas
Owner of Lot _5 _ , Block zj4=A , owner of Lot Cg , Block 44-_n_ ,
of Ridglea Hills Addition, of Ridglea Hills Addition-
' _
City of Fort Worth, Texas City of Fort Worth, Texas
_`�.� /fit
t3wner of Lot � '_ Block 44_-_t_, n of Lot 34A H. k 4t;-__
Of Ridglea"Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
e `� °
- --- - - .
ner of Lot 3/t3 Block 44-� ner of Lo 2t�- _ , Block 44-.
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
Owner�of Lot _ Block __ Owner of Lot __ , -Block -�---
of Ridglea Hills Addition, of Ridglea Hills- _Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
own- — - - --- ----
owner of Lot - . , Block __._ owner of Lot Block
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
Owner o€ Lot Block owner of Lot -- - -`_
of Ridglea Hills Addition, of Ridglea Hi21s Addition - _ R
City of Fort Worth, Texas City of Fort Worth, Texas
HOMEOWNERS OF LUTHER LAKE
Owner of of , dock 44_-A, Owner of LL Block -
of Ridgle, Hills Addition, of Ridglea Hills Addition, -
City of Fort Worth, Texas City of Fort Worth, Texas
?btu
Owner of Lot 11_ , Block 44'_
Owner of Lot , Block
of Ridglea Hills Addition', of Ridglea Hilis^Addition, _
City of Fort Worth, Texas City of Fort Worth, Texas
owner of Lot Block_._----
__---' -_--, Owner of Lot , Block __ ___.
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
-- ---------- ------------
Owner of Lot
Block Owner of Lot Block
of Ridglea Hills'Addition, of Ridglea Hills-Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
6wner of Lot Block __. owner of Lot Block_ _
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
- - -- - - - - -- °--- -- °-- - - _ .
Owner o£ Lot Block - -r of Lot _ ,Block
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
Owner of Lot , Block _____, owner o£ Lot - -,--Block ---� -
of Ridglea Rills Addition, of Ridglea Hills_Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
_ _ -_. _._ __ .- __-___ __._._.-__.___ ,. _ __. .__ . -- - ---.--- _-_
Owner of Lot , Block Owner of Lot Block ,
- + "
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
Owner of Lot Block _, - , Owner of Lot µ Block
of Ridglea Hills Addition, of Ridglea Hills°Addition,
-
City of Fort Worth, Texas City of Fort Worth, Texas
rs 1i;? ._
OWNERS OF LUTHER LAKE
Owr er oT Lot 8 Block 44--_a owner of Lot , Block
of Ri4lea Hills Addition, of Ridglea Hills Addition,
Cit-y of Fort Worth, Texas City of Fort Worth, Texas
Owner f Lbw l_ � t� - - ---
1 ok 4_`,-A, Owner Of Lot , Block __
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
owner of Lot _ Block
Owne
Owner of Lot Block
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
Owner of Lot _, Block Owner of Lot -_, Block
of Ridglea Hi,,a Addition, - of Ridglea Hills Addition
City of Fort Worth, Texas City of Fort Worth, Texas
- - --- -- -- --
Owner-- --o of Lot __ .. _ . Block , Owner of Lot _ _ Hlock
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
-------- --- - - --- --- I- O_ f- ---
owner of Lot Block , Owner of Lot Block
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
Owner of Lot Block , owner of Lot _ Block
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
6 wner o-f Lot ,4Block- - _
_._ . Owner of Lot
of Ridglea Hills Addition, of Ridglea Hills Addition,
City of Fort Worth, Texas City of Fort Worth, Texas
owner of Lot Block Owner of Lot , Block
of Ridglea Hills Addition, of Ridglea Hills Addition;`_-
City of Fort Worth, Texas City of Fort Worth, Texas
541 #t:` e
THM STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the 15th
day of April, 1986, by Thos. H. Law.
NfS ark lip-
My commission expires: Notary's printed name:
'September 24, 1986 Joyce I. Brown
1{-Ii 8541
'7 yJ
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r y
1� 100'"
OD
CLAY
a {I
A r 1 !f g
INTER-OFFICE CORRESPONDENCE
TO Ms. Ruth Howard DATE May 20, 1986
City Secretary
FROM William W. Wood
Assistant City Attorney
SUBJECT LUTHER LAKE DAIM AGREEMENT
I am forwarding herewith the original of the above
subject agreement, fully executed by all the parties and
filed with the County Clerk's office.
William W. Wood
Assistant City Attorney
WWW:als
Attachment
C-�Y of 1--c-It worth) �xas
Mayor and Council Com7nunication
DATE I REFERENCE SUBJECT: HER
NUMBER LAKE DAM-AGREEMENT z PAGE
10-22-85 C-9307 WITH HOMEOWNERS 2
RECOMMENDATION
It is recommended that the City Council :
I. authorize the City Manager to execute the subject agreement with
the Luther Lake homeowners;
2. authorize the City Manager to accept a contribution toward
project cost from the Luther Lake homeowners in an amount of
$300,000;
3. authorize the City Manager to sign the application to the Texas
Water Commission for a permit to impound waters of the state as
owner of the dam; and,
4. approve the following bond fund transfer:
From TO Amount Reason
30-025261, Sylvania 30-028813, $558,909 To provide funds for
Race - 4th Luther Lake right-of-way and con-
struction.
30-028901, Storm 30-028813, 202,716 To provide funds for
Drain Unspecified Luther Lake right-of-way and con-
struction.
30-028801, Storm 30-028813, 138,375 To provide funds for
Drain Replacement Luther Lake right-of-way and con-
struction.
BACKGROUND
On June 3, 1980 the Texas Department of Water Resources published a Phase I
Inspection Report on Luther Lake Dam classifying the dam as a small, high
hazard dam. This classification means that there is a high probability of loss
of life in the event of dam failure, and that the spillway is not large enough
to keep the dam from being breached. Luther Lake was constructed by the County
just prior to annexation by the City of Fort Worth. Clayton Road, which runs
over the dam, was platted shortly thereafter along with adjacent lots whose
lines run to the center of the lake. Since the lake is private, the City has
previously taken the position that repair of the dam is the responsibility of
the Luther Lake homeowners. However, the City has recently become involved in
curtail downstream development
litigation stemming from the necessity to 1
.
In addition, studies show that already developed property is being Jeopardized
by the existing situation. Although emergency measures have been taken to
,reduce the level of risk, it is still unacceptable.
DATE REFERENCE
NUMBER SUBJECT: LUTHER LAKE - M-AGREEMENT
10-22-85 C-9307 WITH HOMEOWNERS 2 PAGE
P,
In order to resolve the impasse, the City and Luther Lake homeowners have
negotiated the following agreement.
I- Each homeowner assume the maintenance responsibility
portion Of the lake and his own boa for his
t dock(s) , retaining wall(s),
etc., and the City assumes ownership and maintenance Of the dam.
The Ci V would also be responsible for pollutants entering the
lake through the stormwater system.
2• The City agrees to rebuild Luther Lake Dam to current safety
standards and allow the water to return to its original elevation
of 667 feet.
3• The Luther Lake homeowners agree to contribute funds in the
amount of $300,000 to the City of Fort Worth.
4• The City will be t
granted ingress and egress rights for the
maintenance of the -dam including the right to lower the water
level on a temporary basis.
5• The City agrees to apply for a permit from the
Commission to impound ' Texas Water
h the waters Of Luther Lake and the
omeowners consent to allow the water to be impounded on their
property. Should the permit be denied, the City would return the
$300,000 to the homeowners less 50% O �
administrative costs incurred. f the City's engineering and
The City of Fort Worth anticipates spending approximately $1,000,000 to
reconstruct the dam. In addition, funds in the amount of $150,000 will be
required for right-of-way downstream of the dam. To date, design engineering
and emergency repairs have cost-approximately $200,000 and it is anticipated
that an additional $50,000 will be required to complete the engineering and
inspection work. Although the proposed solution is expensive. the current
.tua ion is intolerable and the Potential cost Of current and/or future
litigation necessitates a permanent solution The proposed agreement i
recommended as the best possible.le solution under the circumstances that exist. s
FINANCING
A bond fund transfer will be necessary to finance the City's portion Of the
cost for this agreement. A fund transfer is recommended in Street Improvements
Fund 30, from Projects 025261, Sylvania from Race to 4th, 028901, Storm Drains
Unspecified, and 028801
construction, to Project ' Storm Drain Replacement
Luther Lake," Index Code 68-
Account 028813, Index Code 6804
construction,
provide sufficient funds for right-Of-way and construction.
5
In 0 460�)8
DAI:dk
SUBMITTED FOR THE
C ITY IA"
GER'S
CMCE BY: DISPOSITION 13Y COUNCIL,
ORtG APPROVED PROCESSED By
DEPA P-ENT HEAD: Gary Santerre 0 OTHER(DESCRIBE)
FOR ADDITtONAL INFORMAT
CITY SECRETARY
CONTACT 'ON Anderson x 7906
DATE