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2110 RESOLUTION NO110 A RESOLUTION TO APPROVE AND AUTHORIZE THE ACCEPTANCE OF AN ADMENDED TIGER IV GRANT AGREEMENT FOR THE DESIGN AND UPGRADE TO THE EXISTING FRIDAY GRAHAM INDUSTRIAL RAIL, THE ACQUISITON OF APPROXIMATELY 44 ACRES OF PROPERTY, AND THE DESIGN AND CONSTRUCTION OF A TRANSLOAD FACILITY AND FOR OTHER PURPOSES. WHEREAS, the City Council of the City of West Memphis has previously approved and authorized the acceptance of the original TIGER IV Grant for $10,953,244.00 (Resolution Number 2023, dated April 18, 2013); and WHEREAS, it was determined that the Corps of Engineers had, unbeknown to the property owners, the City of West Memphis, and the US Department of Transportation, constructed a dike in the Mississippi River that precluded docking access required by the TIGER IV Grant project; and WHEREAS, as a result of the dike, it was no longer possible to extend rail to the docking area as envisioned by the original TIGER IV Grant project; and WHEREAS, a substantial portion of the TIGER IV Grant project can still be built as originally proposed; and WHEREAS, the US Department of Transportation, the source of the TIGER IV Grant, agreed to amend the original grant to approve the expenditure of up to $9,510,580 to complete the portion of the project unaffected by the dike; and WHEREAS, this portion of the amended TIGER IV Grant does not require a local match for the work unaffected by the dike; and WHEREAS, the US Department of Transportation has approved $1,442,664 of the original grant to be set aside to fund future rail access to the docking area should a new solution be found; and WHEREAS, the City Council of the City of West Memphis, Arkansas, finds that approval and acceptance of the amended TIGER IV Grant Agreement is in the best interests of the City of West Memphis, Arkansas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT the amended TIGER IV grant agreement award to the City of West Memphis, Arkansas, in substantially the form as attached hereto and incorporated herein by reference, subject to such minor amendments or modifications as may be necessary or required, is hereby approved and accepted, subject to the final approval of the Mayor of West Memphis, The Mayor is hereby authorized, subject to his approval of the final agreement, to execute the agreement on behalf of the City of West Memphis, Arkansas, and to take any and all other actions as may be necessary or required to effectuate the acceptance of the amended TIGERIV Grant Agreement. PASSED AND APPROVED this 15 day of '7a11\BER , 2016. WILLIAM H. JOHNSON, Mayor ATTEST: PHILLIP PARA, City Clerk RECEIVED City Clerk's Office Date/Time Cl w i ove,_ BY ,, Lc) �.LLjo