Resolution 00901RECTLITITN NO. 901.
RESOLUTION DIRECTING EXECUTION CP AM AGREEMENT.
WITH THE CITY Oftt CARTASTED IN 7HE MATTER OP CON-
STRUCTING A DIKE IN THE BROCKLER OREGGEL AND
ATTEOREGING TEE MAYOR AID Chef CLERK TO EXECUTE
TUG ATTEST THE SAME-
WHEREAS, pursuant to resolhlions of March 17 and 31, 1925, authorieing the agree-
ment hereinafter set forth ntgatiations have been am-tared into with the proper authorities
of the City of Oakland for the Joint constr....Alen of a dika in the notyth ahannel of Brooklyi
Bsain, connecting with Government. Island (sokcyliedl, and it is necessary that the agree-
ment heretofore authorized be arta...ea into with thk onEM. ;City of Oakland, providing that
the City of Oakland shall undertake to construct said dike, and the City of Alameda reim-
burse and pay tp the City of Oakland ore half of thn cost thereof; nog therefore, be it
RIZOIVED ty the Council of tat City of Aingedy, ander and. in gnumnageoe 1342
e
provisions Gf Chapter 693 of the Statutes of 1921, and the Charter of said city, and. reso-
lutions of said council, that the Mayor of said city be and he iB hereby authorized, for
and on behalf. of said city, to execute an agreement with the City of Oakland, in wards
and figares, substantially in tho following. form, tomait.
AGREEPER1k
MS AGREEMENT made and entered into this . __ day of June, 1925, hetwocri the
City of Cyklenh, and. the City of Alymeda mania/pal. coyaorationo of the dtate of OntElfonaia,
RN IGNESSET 11,
WHEREAS, purtowrG to a report of the Board of Engineers far rivers and harbors,
the United. States Government proposes tt dredge ommy a Pertain otrtion of Government Island
(so celled) in the San Antonio lisitaav, for the anifyose, among other thirga of widentag
and deopeniny thb ant/sail, and tha execution of tht work is contingent upon. the construe-
tior and maintenance of a dikt acrost the north anhaniel in Brooklyn EBBFATB, by local inter-
ests, free of post to the United States, so provided. by MOuse Document Voi 144, Sixty-
seventh Congreash Second. dession. and
WHEREAS it is necessary and desirable in the carrying cut of the respective
interests of. saih cities and. to serve the hallic welfare that such dike be forthwith
construtted; and
WHEREAS the Cowmen of the City of Oaklemd, by Resolution ho. 32017 N. iin,
passed. on March. El, 192Z, rind the Council of the City' of Alameda, by Resolution Na. 675,
passed on March 17, 1925, and emended by Resolution. No. 8511 passed on March 61, 1925,
have shirked that U16 said cities should doEntly gonatrutt Yoh maintain sash . dikb as
the Phited. States authores may. require; and
WHEREAS, pursuant to Budd. resolutions, plans and specifications therefor etre
anagh. up through the cooperation of the authorities of the said two cities and satisfactory
to the engineers thereof and to Mae UMited States authorities; and it has been determined
that the City of Oakland should immediately prodeed to enter into a ihmilirmuit for the con-
struction of the whole of said dike, and thyt thb City of Alamnda should pay one half of
the cost of construction thereof, and.
GMMGEAS, ttistatnt to said. rmsolutions and agreemtnt thnitein contained, the City
of TaMitine did. adyertiat for sealed. proposals or bids fok the eenstruction of Najd. dike,
in the manner agreed upon, and in response to said. advertiatizent received such a proposal
from Ai 2k Kitchen oT Ike 42 ity 42 f San Erencipoo, Statm of Californit, who aueed to furnish.
labor end. muteriels, and oenstruht surld dike for the total SUED of ..1.12,212.0Cs egich. was
tbx lhwest resphnhitle bid received in answer to saled„ adheettisembniu and
WHEREAS the City of alamhde advertised for bids for the construction of one
half of sal d dike and each of the proposals received by it in response to said ed.shrtisement
wbre greatly ix 6X00,98 of a sum. equigalhet to one half of the abovx arnert,
ht4 22HRERGEE, Ili CONS TITRATION of the foregoing prembses, and to abco1b14 nh the
purposes generally therein. contained, and undex axd in pursuannx of Ehapthr 363 of the eltelt-
ates of 1221, and the resphotigh abetters. and ordinances h..? both of said. oitibew it is hxreby
mutually agreed by and between, thx City of Oakland ard the City of Alameda, as follows:
That apes. the execution. of this agreethnt tw sub between said parties, and not
Toter. than the thigh day' of June, 1925, and upon the endorsement assn. this agreement by
the Auditor of the City of Alemxdo, that there is available and, unexpended in the Thessury
of said Oity of Alameda and sht aside for that purpose in U. special fund. sufficient moneys
to gbet any and all liability and ihdebtadreas Welch may agish uader this agreemhot, the
City of Oakland shall, apting for arid on behalf of the City of Ain:Enda and for itself, enter'
into and erboute a sontract wlth the said hgtchen for the copuetrubtion of the Whole
of said dire for the sum of 015,212.0Ct one belf of which is to be paid by the City of
Alameda .9,9 hereinafter provided.
IT TS PURTEUIR AHR,AED that the work of constrauting said dike shall be dorsi in
expordahoh atth the said plans and specifications heretofore adapted. end approved by the
HalDbOr Engineer of the aity of Oakland. and the City Engineer o? tbb City of ?legates, which
pletwe and speciffeations aye hereby adopted and made a part hereof aa fully as if the 211aEle
WET entirelw set forth hare in-
IT 13 ItitiRESSIAT AGRIAIID that paymbhts on fne contraht fox doing. said work shall be
pride only upon certifloatbs sigbhd by said enzineehe of said ces, prh-vided that in case
sand Engineers sbribld be unable te agrbe upon hny questiox widianh, by the terms of said. oon-
traht is J eft for their' determinatinn, tient" shi in that cane the question. of diaxgreembet
shall. be loft to II.ILOT j011h 'IL Ii„ hchulg of the Rnited States Governmxpt, whosh decision.
in the matthr shall be final and binding DD both pextien„
And the City of. Alameda hereby agybes that upon corpletlon of said work, and upon
receipt FY.= the Commisshoshr of Rublic Worgn of the City of Oakland, or his authorixed rep-.
resentettve, of a nertifi sate that payment to the said. contractor is due and payable in ac-
cordance with the segd. agree-phut for the sonstruction of said. dike , the City of Alawnda
hereby agirxes to and will pay and adwanhe to the said Wity of CuRdar,d, the sum of 2E7,60(3.CE
ftr the puppose ot defkaying one half of the oust elf said dikah, whioh sum shall tb dispensed
by. the Trees/rug- csf said. City of flagbaa upon warrants dully issued and drawo 'Aron the proehr
offboors hareabgt to tne Charter of said city„
TT t'S FTE7TTbA9 ThEagEthell ATHIAET AND TEDERSTOOf fent payatut by the City of Oakland
to the said contractor for the construction nf said dikh of the full amount, or any paxt
thereof, due him in accordance wlth the said eoutrset with him, shall net 7!GaenSe the City
of thrmedn fLP Cin any 1 J sbil ity D T obligat ion t o. pay to and reimbaree the City of Oa kiend fox
its one heir? sharp of the cost tbbreof„
IA. 'ELAPSES. higintl02 it.e City of. Oakietn, by its Coggissixner of Tublix Ehrge, by
N. Council of said. Aity of Oskixed, thereanto duly author-
ized, and thu 'CA ty of alaanda, by its Mayorg by TtD5•501DADi on No. * of tbh City Counuil of
sat a City Df ...fifmeda , thereuhto duly authbrized, hgbe caused the DEME S of said xxspectige
nr:...1 par r s er e o, and their shads to be al fi god hereto, th e day and y eat f t
atoll e wre it t en .
fITY OP MAXIIID , a mohlaipal cnrearation,
7757-afs'i;
—7a7TT Cserk0
C TY: C A LiALADA , muni ipal orD or at an,
.1) LIR nail RE 2: 0 CRIED that the fore mites and ::: ems ei dun tions net Ykr th in said a gr e -
gent ar e hereby adopt ed. and ma, de a part of th resod ut 929 fully as if lite tom e Were
ht 2 repeated end fully yet fa irta.0
I, thee undersigand, her aby tariff:5.y that the foregoing Ensolut ion weh ably and
re a Utak ly int re du ne d and ad opt e d by e Connell of the City o Alamo da r egalar rre et in g
tom at 1 ea th e triti day o JU292 1925,
1: the f till ow in g v o te o t:
gywis : tuna/ 1 en Latham, Neiss, e , Pr obs t and Pr r ident 0 bi g)
NOES lions°
RSE99 NO 12
TE IT MaNY TIESMISOF , have he Y 222t 21 t my hand. h nd 2 x 1 th 2 Of f cl s ,f
o sa city thi 3r d day f lane „ 19'55.0
IIAR90E,
C ty er 1 of th e di f Ilame de 0
Seal of the City of Alameda) .
I hereby testify that the: foregoing is a. full, true and, curliest copy' of
"Re a slat ion NO 901,, Res olut ion DAT e ing Exe cu. t ion o f Agr e e w in. the City of
da led d t ha Matt et :of Cons tracti tew a Dila: in the Br toklyn Ch. thine 1 and litho r zi
the Mayor 202. City Clerk to Exeouto end Atteet the sahh", passed DJ the Council of the
al ty o f Alam air: la. e lap e t lay ass amid ed on th e and day o f Linn 19250
netaria
(44 LY 31 es f th s al 2 Alisam des