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Resolution 077491 71 CITY OF ALAMEDA RESOLUTION NO, 7749 PROVIDING FOR LOCAL COOPERATION BY THE CITY OF ALAMEDA IN CONNECTION WITH THE PROJECT FOR THE IMPROVE ENT OF ESTUARY CHANNEL (OAKLAND INNER HARBOR) WHEREAS, the DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, San Francisco District, has requested the City of Alameda to make assurances with respect to local cooperation required in connection with the project for the improvement of the Oakland Inner Harbor consisting of increasing the channel depth from thirty (30) feet to thirty-five (35) feet below mean lower low water; NOW, THEREFORE, BE IT RESOLVED that in connection with said project the City of Alameda does hereby agree, but this agreement shall be effective only within the territorial ' its of the City of Alameda as follows: 1. That at the proper time and upon receipt of appropriate written request therefor, it will provide, to the extent the City of Alameda is permitted by law to so provide, without cost to the United States, all lands, easements and rights-of-way necessary for construction and maintenance of the improve- ment; 2. That it will hold and save the United States free and harmless from damages to wharves, piers, tubes and other marine and submarine structures due to the initial dredging work and subsequent maintenance dredging, provided, however, that this indemnity shall not apply where any such damage is caused by any dredging work, initial or maintenance, below a depth of thirty-five (35) feet below mean lower low water, plus two (2) feet of allowable overdepth dredging, or within fifty (50) feet of the existing or future traffic tubes between the cities of Oakland and Alameda; 3. That it will accomplish without expense to the United States alterations as may be required in sewer, water supply, drainage and other utility facilities; 4. That it will provide and maintain at local expense adequate marine public terminal and transfer facilities open to all on equal terms; 5. That it will deepen and maintain slips and berths when and as required; and provided further, that if it is determined in detailed studies that spoil-disposal areas are needed, local interests agree to use their best efforts to furnish, upon request of the Chief of Engineers, and without cost to the United States, the required spoil-disposal areas including necessary dikes, bulkheads and embankments for the initial dredging and subsequent maintenance; and 6. That it will undertake all available administrative and/or legal efforts to support Federal and State water quality standards in waterways associated with the channel improvement. * * * * * * * * * * I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the 16th day of March, 1971, by the following vote, to wit: AYES: Councilmen Fore, Levy, Longaker, McCall and President La Croix, Jr., (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of March, 1971. (SEAL) IRMA L. NELSON City Clerk of the City of Alameda * * * * * * * * * * I hereby certify that the foregoing is a full, true and correct copy of "City of Alameda Resolution No. 7749, PROVIDING FOR LOCAL COOPERATION BY THE CITY OF ALAMEDA IN CONNECTION WITH THE PROJECT FOR THE IMPROVEMENT OF ESTUARY CHANNEL (OAKLAND INNER HARBOR)," introduced and adopted by the Council of the City of Alameda on the 16th day of March, 1971. City'Clerk of the City of Alameda