Newark leader. ([Newark, Ohio]) 1917-1946, 1940-01-18
REsoLur1oN NO. PISS


Whereas, by Section 3 of the
Flood Control Act approved June
22, 1886, (49 Stat. 1571). known as
the Flood Control Act of 1886, it is
provided that no money appropriatt,,
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)
provide without cost to the United
~ States all lands, easements, and
rights of way necessary for the
construction of the project, except
as otherwise provided therein: CD
hohd and save the United States
free from damages due to the con-
struction works; (c) maintain and
operate all the works after COM
pletlon in accordance with regula-
tIons prescribed by the Secretary of
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-
isting in the Department of War
with respect to navigable streams:
r
: ing in the aforementioned Act shall
DE construed to interfere with the
completion of any reservoir or
flood control work authorized by
the Congress and now under way;
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
oh 1 H. lsa4s &f
and shall be prosecuted by the War
Department and under the direction
of the Secretary of War and sup
ervisi6n 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-
provisions GAP, (b) and (c) of Sec
tion of said Act of June 22, 1885,
shall not apply thereto: and
Whereas, approval is given, in
said Act of June %, 1888, 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
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-
of Engineers with the approval or
the Secretary of War, Provided
However, that the City of Newark
shall furnish, at it's 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 %, 1886;
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
cost pertaining to the channel i'm
provement and channel rectifica-
ton portion of the project, includ-
ing the cost of the rights of way
necessary for this type of improve
Tnent: and
Whereas. The said City of New
ark, Ohio, is desirous of meeting
the requirements of local coopera-
tion as set forth herein; and furth--
er is duly and legally qualified and
can obtain the financial resources
necessary for the execution of its
obligations in connection with said
project;
Section 1. Now Therefore. in or
der TO comply with the provisions
of said Section 3 of the Act of
Congress approved June 22, 1895,
the said City of Newark, hereby
(a) That the City of Newark will
provide, without cost to the United
States, all lands, easements and
rights Of way, in and adjacent ito to
struction of floodwalls. levees,
pumping stations and appurtenant
structures Gall hereinafter called
"works"D 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-
ries, gravel pits, spoil banks and
borrow pits, for access roads, for
camp sites, for flowage easements,
and all other rights in. upon,
which are needed by the United
States in connection with the con-
struction of said works. The
lands, easements, rights of way and
in accordance with the provisions
of Section 8 of the Flood Control
lRSt approved June %, 1886. Maps
s&Ywing the lands, easements, or
rights of way needed in the pros
ecution of said works" will be OBJ
the United States. Detailed prop
erty surveys, title searches, legal
proceedings necessary to acquire
lands, rights. of way, and interests
therein an for Sv said ala @W0rks ;tn IS NNw will
ark. Rights of entry over the
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
of title by the City of Newark to
said lands, easements and rights or
WY, and certificates of title by
trkHCity Attorney that the City has
acquired satisfactory title to said
(b) That the City of Newark
will hold and save the United
States free from all claims for
Manages due to said works The
City of Newark will also defend
any legal action against the Unit
ed States, it's officers, employees or
contractors which has as its pur-
poses preventing the prosecution
or completion of said works"
(c) That the City of Newark
Evill maintain and operate without
expense to the United States all of
said works" after completion. in
accordance with regulations pre-
.Ecribed by the Secretary of War.
Cd That the. City of Newark