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Resolution 03507RESOLUTION NO. 3507 AUTHORIZING EXEC OUION OF SERVICE CONTRACT BETWEEN THE CITY OF ALAMEDA AND THE UNITED STATES OF \NERICA FOR THE DISPOSAL OF SURFACE WATER IN VICINITY OF A. A. F. PACIFIC OVERSEAS DEPOT. WHEREAS, the Government constructed at Alameda, California, certain depot facilities, together with access roads thereto, which are kno generally as A. A. F. Pacific Overseas Depot, in the construction of which facilities existing ground grades and levels were raised and otherwise changed in such manner that the normal drainage of the area became disturbed and the flow thereof diverted from the pre- viously existing channels and facilities for its disposal; and WHEREAS, the City of Alameda is responsible for the maintenance within the City of Alameda of adequate drainage facilities so maintained and operated as to prevent the flow of drainage water into an under-water vehicular tunnel which extends beneath the channel connecting the island of Alameda with the mainland, known as the Posey Estuary Tube, which tunnel is owned and operated by the County of Alameda as a necessary avenue of transportation within such County, and is in continuous use for such purpose; and. WHEREAS, the diversion and dislocation of drainage resulting from construc- tion activities of the Government, as above set forth, floods the said Posey Estuary Tube with water, following normal storms and rainfall, to such extent as to inter- fere seriously with its operation and use and to entail upon the part of the City of Alameda expenses incident to drainage of such water from the tube and to repairs necessitated by such flooding of the tube, all arising out of the City's responsi- bility for maintenance of drainage, as above stated; and WHEREAS, it has therefore beccme necessary that additional drainage faci- lities be provided and maintained in order to accomodate the new drainage conditions resulting from the construction of the Depot and to divert from the Posey Estuary Tube the drainage waters which now flow into it following storms as a result of the construction of said Depot; and WHEREAS, it is considered to be in the interest of both parties that the City of Alameda provide and maintain said additional required drainage facilities; and WHEREAS, the Government has agreet to pay to the City of Alameda a service charge in the amount of thirty-seven per cent (375) of the cost of additional in- stallations for disposal of said surface water, not exceeding, however, the sum of 400.00; and WHEREAS, a form of agreement between the United States of America and the City of Alameda has been submitted and has been read to this Council and ordered filed with the City Clerk, marked "Filed Mar. 18, 1947", which form of agreement is by reference incorporated herein and made a part hereof; and WHEREAS, it is in the public interest that the improvement hereinabove referred to be made; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA that the form of agreement between the United States of America and the City of Alameda, hereinabove referred to, be, and the same is hereby, approved. RESOLVED, FURTHER, that the Mayor of the City of Alameda be, and he is hereby, authorized and directed to execute, and the City Clerk to attest, on behalf of the City of Alameda, said agreement with the United States of America, substan- tiaily in the form and containing the covenants, agreements and conditions set forth in the aforesaid form of agreement. * * * * * * * * * * * It the under.:;iEned, hereby certify that the foregoi ..coolution vas duly and regularly introduced aflu adopted by the Council of the of filaneda in ro3u- lar meeting assefabled on L;tie 16th day of I.Archt 1947, by the foilown 'vote, to vvit: AYES: counciEhen n.ou!e, Tones , (s corn, ,Cweeney R14A I:eesident Liran.sch(ld, , AhlhAFT: None. ..IRE TITLE:3 ITIEREOF, I have hereunto set my hand and affixed the official seal of said City this 19th dey of 1,;iarch 1947. (3EAL) P. OWE Cit C. ,A,E. the City of Alameda I hereby certidy that the dorey;o1nA is a fall, true, and correct copy of dReeolutdoh 1“). 3507, ARTROA=Ed1 ddititIATIERh ci' OCITYIFUE CChTdcCt BEIlthEeTE THE CITY cE AduccEDA ANY) TUA UTANArd STATEC OE ARIEPTCR FCR tHh DIAUGSAL OF SURFACE UATER VICdChUrI di A. R. F. EACIFIG 01LE13:013 UEPOT," introduced aud adopted by the Council Oil the letn any of iiorch 1947 . City C.erd of the Gltd of ii