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V I R G I N I r\
RESOLUTION 2023-13
TOWN OF PULASKI, VIRGINIA
DESIGN AND CONSTRUCTION PROJECT
PULASKI COUNTY, VIRGINIA
PEAK CREEK, PULASKI, VIRGINIA,
CONTINUING AUTHORITIES PROGRAM SECTION 206,
AQUATIC ECOSYSTEM RESTORATION PROJECT
A RESOLUTION AUTHORIZING PARTICIPATION AND RATIFYING PRIOR
PARTICIPATION OF THE TOWN OF PULASKI, PULASKI COUNTY, VIRGINIA,
WITH THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, FOR THE
DESIGN AND CONSTRUCTION OF THE PEAK CREEK, PULASKI, VIRGINIA,
CONTINUING AUTHORITIES PROGRAM SECTION 206, AQUATIC ECOSYSTEM
RESTORATION PROJECT, AND AUTHORIZING THE TOWN MANAGER OF THE
TOWN OF PULASKI, VIRGINIA AND OTHER TOWN OF PULASKI, VIRGINIA
OFFICIALS, TO ACT FOR AND ON BEHALF OF THE TOWN OF PULASKI,
VIRGINIA IN EXECUTING, ACCEPTING, OR OTHERWISE APPROVING ALL
DOCUMENTS, AGREEMENTS, INSTRUMENTS, OR OTHER NECESSARY PAPERS
REQUIRED BY THE DEPARTMENT OF THE ARMY TO IMPLEMENT SAID
PARTICIPATION IN THE PROJECT.
BE IT RESOLVED by the Town of Pulaski, Pulaski County, Virginia, that:
Section 1: The Town of Pulaski, Virginia authorizes its Town Manager, by and through its
authorized officers and officials, to participate with the Department of the Army, Corps of
Engineers, in the design and construction of the Peak Creek, Pulaski, Virginia, Continuing
Authorities Program Section 206, Aquatic Ecosystem Restoration Project, Section 206 of the
Water Resources Development Act of 1996, as amended, which project is located in Pulaski
County, Virginia.
Section 2: The Town Manager of the Town of Pulaski, Virginia and other appropriate Town of
Pulaski, Virginia officials, including the Town of Pulaski's Attorney, are authorized to execute
on behalf of the Town of Pulaski, Pulaski County, Virginia, all documents necessary to
implement participation by the Town of Pulaski, Virginia in the design and construction of the
Peak Creek, Pulaski, Virginia, Continuing Authorities Program Section 206, Aquatic Ecosystem
Restoration Project, being the design and construction of an aquatic ecosystem restoration
project in the Town of Pulaski, Pulaski County, Virginia, in conjunction with the Department of
the Army, Corps of Engineers, including but not limited to the Project Partnership Agreement
between the Department of the Army and the Town of Pulaski, Virginia for the design and
construction of the Peak Creek, Pulaski, Virginia, Continuing Authorities Program Section 206,
Aquatic Ecosystem Restoration Project, that provides, among other things, that the Town of
Pulaski, Virginia shall:
a. Provide without cost to the United States Government all lands, easements, and rights -
TOWN OF PULASKI 9 OFFICE OF THE TOWN MANAGER o P.O. BOX 660 ® PULASKI. VA 24301 o TEL. 540 994 8600 � FAX 540 994-8607
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of -way, including suitable borrow and dredge material disposal areas, all modifications,
relocations, and alterations of structures, including but not limited to buildings, utilities,
including relocations of on-site underground utilities, roads, bridges, sewers, and water supply
facilities, and repair or replacement of all intakes, drains, and appurtenant facilities necessary for
the construction, operation, and maintenance of the Project;
b. Hold and save the United States Government free from damages due to the
construction, operation, and maintenance of the Project, exclusive of damages due to the fault or
negligence of the United States Government or its contractors;
c. Operate, maintain, replace, and rehabilitate the Project upon completion, and as
constructed, in accordance with the regulations or directions by the Secretary of the Army and all
without cost to the United States Government;
d. Pay its percentage share of total project costs as required by The Water Resources
Development Act of 1986, (Public Law 99-662), as amended, and by the Project Partnership
Agreement;
e. Prevent obstruction of or encroachment on the Project that would reduce the level of
protection it affords or that would hinder operation and maintenance thereof; AND
f. Comply with the provisions of the Uniform Relocations Assistance and Real Property
Acquisitions Policies Act of 1970, Public Law 91-646, approved 2 January 1971; and Section
221, Public Law 91-611, approved 31 December 1970, as amended.
Section 3: The Town of Pulaski, Virginia hereby approves and ratifies all prior participation and
acts of the Town of Pulaski, Virginia by and through its officials, with the Department of the
Army, Corps of Engineers, in relationship to said Project.
Section 4: The Town Manager of the Town of Pulaski, Virginia and other appropriate Town of
Pulaski, Virginia officials are hereby authorized to purchase, or otherwise acquire from private
property owners, in the name of the Town of Pulaski, Virginia and in accordance with said
Agreement, any and all interests in real property necessary for the construction, operation, and
maintenance of the property.
Duly passed in accordance with the laws of the Commonwealth of Virginia, this 11 T day of
TOWN OF PULASKI, VIRGINIA
TOWN OF PULASKI o OFFICE OF THE TOWN MANAGER - PO. BOX 660 e PULASKI, VA 24301 TEL. 540 994-8600 o FAX 540 994-8607
Passed:
ATTEST:
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AS TO LEGAL FORM:
-r Rygas, Attorney i
of Pulaski, Virginia
ATTESTED AND CERTIFIED AS TRUE AND CORRECT:
\� MARION JOYCE WOJCIK
\ NOTARY PUBLIC
Notary Pu ` \ Commonwealth of Virginia
Reg. 6Q 5
My Commission Expiresxpires
This resolution is effective upon adoption and is hereby adopted this 21" day of March 2023 by
the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows:
Gregory C. East- Aye
Jeremy L. Clark- Aye
Brooks R. Dawson- Aye
A ST
Olivia C. Hale
Clerk of Council
James A. Radcliffe- Aye
G. Tyler Clontz- Aye
Michael P. Reis- Aye
TO F KI, VIRGINIA
Brooks R. on
Vice -Mayor
TOVVN OF PULASKI m OFFICE OF THE T&,NN MANAGER o P.O. BOX 660 m PULASKI, VA 24301 TEL 540 994-8600 � FAX 540 994-8607
LETTER OF INTENT
March 28, 2023
Colonel Jayson H. Putnam, District Commander
U.S. Army Corps of Engineers, Huntington District
502 Eighth Street
Huntington, West Virginia 25701-2070
RE: Letter of Intent/Statement of Financial Capability
Peak Creek, Pulaski, Virginia, Continuing Authorities Program Section 206,
Aquatic Ecosystem Restoration Project
Dear Colonel Putnam:
The Town of Pulaski, Virginia ("Town") has completed its review of the draft Feasibility Cost Sharing Agreement
("FCSA') between the Town and the Department of the Army for the Peak Creek, Pulaski, Virginia, Continuing Authorities
Program Section 206, Aquatic Ecosystem Restoration Project in the Town of Pulaski, Pulaski County, Virginia.
The Town understands that the proposed Section 206 Study will include a feasibility study to restore fish and wildlife
passage by removing instream barriers within the Peak Creek in the Town of Pulaski, Pulaski County, Virginia.
Further, the Town understands that the FCSA provides that Division J, Title Ill, of the Bipartisan Infrastructure Law,
Public Law 117-58, enacted November 15, 2021, (hereinafter "BIL") provides authorization and funding for the Government
to conduct the study at full Federal expense. Therefore, the Town understands that estimated total study costs are
$928,280, of which the Town's share will be an estimated amount of $0 and the Government's share will be an estimated
amount of $928,280.
The Town has determined that the draft FCSA contains terms which are acceptable. The Town has the ability, the
capability, and the full legal authority to fulfill all its obligations contained in the agreement as drafted. The Town intends
to enter into the agreement with the Department of the Army for the study.
It is understood that the purpose of this letter is to establish the Town's intent and ability to serve as a Non -Federal
Sponsor of the study, and does not financially or legally obligate the Town or the Federal Government.
l ��J
Darlene L. Burch m
Town Manager
Town of Pulaski, Virginia
Office of the Town Manager — 42 11t Street NW / P.O. Box 660 — Pulaski, VA 24301
NON-FEDERAL SPONSOR'S
SELF -CERTIFICATION OF FINANCIAL CAPABILITY
FOR DECISION DOCUMENTS AND AGREEMENTS
I, Jackie Morris, do hereby certify that I am the Financial Officer of the Town of Pulaski,
Virginia ("Non -Federal Sponsor"); that I am aware of the financial obligations of the Non -
Federal Sponsor for the Peak Creek, Pulaski, Virginia, Continuing Authorities Program Section
206, Aquatic Ecosystem Restoration Project; and that the Non -Federal Sponsor has the financial
capability to satisfy the Non -Federal Sponsor's obligations under the project and to satisfy the
Non -Federal Sponsor's obligations under the Peak Creek, Pulaski, Virginia, Continuing
Authorities Program Section 206, Aquatic Ecosystem Restoration Project, Feasibility Cost
Sharing Agreement (FCSA). I understand that the Government's acceptance of this self -
certification shall not be construed as obligating either the Government or the Non -Federal
Sponsor to implement a project.
IN WITNESS WHEREOF, I have made and executed this certification this 29 day of March,
2023.
BY: XA_2t/'1_t �e�
TITLE: Finance Director
DATE: 3/29/2023