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File #: 17-0380R    Name:
Type: Resolution Status: Passed
File created: 5/12/2017 In control: Recreation, Libraries and Authorities
On agenda: 5/22/2017 Final action: 5/22/2017
Enactment date: Enactment #:
Title: RESOLUTION AUTHORIZING A RELEASE AND RIGHT OF REMOVAL AGREEMENT WITH DULUTH SEAWAY PORT AUTHORITY FOR THE REMOVAL OF DREDGED MATERIAL FROM ERIE PIER.
Attachments: 1. Exhibit A_agreement

Title

RESOLUTION AUTHORIZING A RELEASE AND RIGHT OF REMOVAL AGREEMENT WITH DULUTH SEAWAY PORT AUTHORITY FOR THE REMOVAL OF DREDGED MATERIAL FROM ERIE PIER.

 

Body

CITY PROPOSAL:

 

WHEREAS, the city of Duluth has received authorization from the Minnesota Pollution Control Agency under the Voluntary Investigation and Cleanup Program (VIC), to accept and placed dredged material at the Duluth, Winnipeg and Pacific (DWP) site, and

 

WHEREAS, the city of Duluth has received authorization from the Minnesota Department of Natural Resources to remove and transport the dredge material.

 

RESOLVED, that the proper city officials are hereby authorized to execute a release and right of removal agreement, substantially in the form attached hereto as exhibit A, with Duluth Seaway Port Authority for the removal of up to 2,800 cubic yards of dredged material from Erie Pier.

 

FURTHER RESOLVED, that the city shall be responsible for all costs associated with such removal and use, and that the city agrees to hold harmless the Duluth Seaway Port Authority and U.S. Army Corps of Engineers against and from any lines, claims, demands, costs and expenses that are in any way connected to the city removal of dredged material.

 

Statement of Purpose

STATEMENT OF PURPOSE:  This resolution authorizes a release and right of removal agreement with the Duluth Seaway Port Authority that will allow the city to remove up to 2,800 cubic yards of dredged material from Erie Pier. The material will be placed on contaminated portions of the former DWP roundhouse site as part of a project funded by the US Forest Service. The purpose of the project is to use fill and native plantings to bury and stabilize contaminants so that that DWP roundhouse site can be safely reused.