Resolution authorizing the Mayor to execute a Memorandum of Understanding, Levee Easement, and Emergency Access Easement Agreement with the MidAmerican Energy Company in connection with Levee Certification Projects, Geotechnical MR_8 and MR_9.  Project #PW21-06D

In order to meet the criteria for levee certification, improvements to each of the levee systems will be necessary.  The purpose of the Geotechnical MR_8 and MR_9 projects is to resolve seepage deficiencies along the Missouri River levee by constructing seepage and stability berms.  

The location of the planned levee improvements extend beyond the existing levee footprint and right-of-way.  The Memorandum of Understanding defines the future operations and maintenance of the levee improvements that will be constructed on and near the MidAmerican Energy Company property. 

The Levee Easement is for construction of the Geotechnical MR_8 project and is a non-exclusive easement for the purpose of constructing, reconstructing, repairing, enlarging and maintaining a levee together with necessary appurtenances, including reasonable access over the Easement Area at all times for the proper maintenance and operation of the improvements.

The Emergency Access Easement Agreement grants the City access across the MidAmerican Energy Company property.  The easement establishes an access road and flood fight path for the levee segment adjacent to the Walter Scott Jr. Energy Center, eliminating the requirement of accessing through the secured campus of the power plant.  It also provides construction access for the Geotechnical MR_9 project area.

Approval of this resolution to authorize the Mayor to execute the Memorandum of Understanding, Levee Easement, and Emergency Access Easement Agreement with MidAmerican Energy Company.  The agreements define the terms for use and access of the required property, and allows the project to proceed with construction.