Resolution approving and authorizing execution of a Memorandum of Understanding between the City of Council Bluffs (as Trustee of the District #22 Drainage District), The M & P Drainage District and the MidAmerican Energy Company for purposes of establishing easements and maintenance, operation responsibility of the parties for modifications and improvements to the levee system abutting MidAmerican Emery company's Walter Scott Jr. Energy Center.

The Memorandum of Understanding was prepared due to the development of MidAmerican Energy Company’s (MEC) fly ash mound. Certain levee mitigation improvements have been required by the United States Army Corp of Engineers (USACE) including thickening/widening alterations/modifications of levees and added levee penetration appurtenances.  MEC had already taken responsibility for these improvements and their construction is underway.  The USACE requires that the parties responsible for the maintenance and operation of these modification be identified and MEC has agreed to that.  The USACE also requires that when required improvements to the levee system are on private property, that easements be granted for such improvements and continued maintenance for the benefit of the USACE. MAE has agreed to that as well.

Authorize the Mayor to execute the Memorandum of Understanding.