Newark leader. ([Newark, Ohio]) 1917-1946, 1940-01-25
RESOLUTION. NO. 275s

RESOLUTION NO. 275S
BY ELLIS, NEIGHBOR, STARE:
To meet and agree to the require
ments of the War Department for
the proposed flood prevention
work in the City of Newark, Ohio:
the City of Newark, Ohio, that
Whereas, by Section of the
Flood Control Act approved June
%, 1886, Gao Stat. 157D, known as
the Flood Control Act of 1886, it is
provided that no money appropriat-
ed under authority of said Act shall
be expended on the construction of
any project until States, political
subdivisions thereof. or other re-
sponsible local agencies have given
assurances satisfactory to the Sec
retary of War that they will (a)
States all lands, easements. and
rights of way necessary for the
construction of the project, except
as otherwise provided therein: (b)
hold and save the United States
free from damages due to the con-
struction works; (c) maintain and
operate all the works after COM
pletion in accordance with regula-
tions prescribed by the Secretary of
War: Provided, That Whenever ex-
penditures for lands, easements
and rights of way shall have ex-
ceeded the present estimated con-
struction cost therefor the local
agency may be reimbursed one-half
of it's excess expenditures over said
estimated construction cost; moth
ing in the aforesaid Act shall i'm
pair or abridge the powers now ex-
listing in the Department of War
with respect to navigable streams:
And Provided Further, That moth
ing in the aforementioned Act shall
be construed to interfere with the
completion of any reservoir or
flood control work authorized by
and
Whereas, said Flood Control Act
further provides that Federal in
vestigations and improvements of
rivers and other waterways for
flood control and allied purposes
shall be under the jurisdiction of
and shall be prosecuted by the War
Department and under the direction
of the Secretary of War and sup
ervision of the Chief of Engineers:
and
Whereas, by an Act of Congress
amendatory to the Flood Control
Act of 1886, approved June %, 1888,
provision is made that in case of
any channel Improvement or chan
mel rectification project for flood
control therein or heretofore au-
thorized, title to all lands, ease
ments and rights of way for such
project shall be acquired by the
United States or by States, politi-
cal subdivisions thereof or other
responsible local agencies and con-
veyed to the United States. and
provisions (a), (b) and (c) of Sec
tion of said Act of June 22, 1886,
shall not apply thereto: and
Whereas, approval is given, in
said Act of June %, 1898, to the
general comprehensive plan for
flood control and other purposes in
the Ohio River Basin, as set forth
in Flood Control Committee Docu-
ment Numbered 1, Seventy Fifth
Congress, first session, with such
notifications thereof as in the dis
cretion of the Secretary of War and
the Chief of Engineers may be, ad-
visable, the projects to be select
ed by the Chief of Engineers with
the approval of the Secretary of
War, in accordance with said re-
port; and
Whereas, a project for the con-
struction of flood protection works
at Newark, Ohio, including channel
Improvement and channel rectifica--
ton, has been selected by the Chief
of Engineers with the approval of
the Secretary of War, Provided
However, that the City of Newark
shall furnish, at its own expense,
the necessary rights of way for
levees, floodwalls and appurtenant
structures, including pumping sta
tions, and shall furnish the other
local cooperation made requisite
for said works by Section 3 of the
Flood Control Act of June %. 1896;
Provided Further, That the United
States, in accordance with the pro-
visions of Section 2 of the Flood
Control Act of June %, 1888, shall
provide at it's own expense all con-
struction costs, and all items of
~s..s H.. l.. IL, an1 fE,N
provement and channel rectifica-
tion portion of the project, includ-
ing the cost of the rights of way
necessary for this type of improve
ment: and
Whereas The said City of New
ark, Ohio. Is desirous OF meeting
the requirements of local coopera-
ton as set forth herein; and furth-
er is duly and legally qualified and
can obtain the financial resources
necessary for the execution of it's
obligations in connection with said
project;
der to comply with the provisions
of said Section of the Act of
Congress approved June 22, 1886,
the said City of Newark, hereby
assures the Secretary of War as
follows:
(a) That the City of Newark will
provide, without cost to the United
States, all lands, easements and
rights of way, in and adjacent to
said City, necessary for the con-
struction of floodwalls, levees,
structures Gall hereinafter called
"works") for the Newark, Ohio,
flood protection project. The lands,
easements and rights of way which
the City of Newark shall provide
shall include these needed for quar-
nj oil nj h0V 1lyc nd
borrow pits. for, access roads, for
camp sites, for flowage easements,
and all other rights in, upon,
through or over private property,
which are needed by the United
States in co9necti9n with t the con- %he
lands, easements, rights Of way and
other interests. shall be furnished
in accordance with the provisions
of Section 8 of the Flood Control
Act approved June %, 1885. Maps
showing. the lands, easements, or
ecution of said works" will be OBJ
tanned by the City of Newark from
the United States. Detailed prop
erty surveys, title searches, legal
proceedings necessary to acquire
lands, rights e6 Of way .6r,La and interests i7
be furnished by the City of New
lands, easements and rights of way
needed in the prosecution of said
works" will be given by the City
of Newark to the United States,
accompanied by copies of the in
struments evidencing acquisition
of title by the City of Newark to
said lands, easements and rights of
way, and certificates of title by
the City Attorney that the City has
acquired satisfactory title to said
lands, easements and rights of way.
(b) That the City of Newark